1. HOSTING - Apex Solutions will provide hosting facilities via Hostcentric Company for the hosting of personal, commercial websites, email accounts and domain names for a service charge.

a. Websites hosted with Apex Solutions gives us some ethical responsibility for the content of such pages.
b. Websites hosted with Apex Solutions must conform to the regulations as set out for the service at our acceptable use policy
c. Our Hosting Policies are also governed by international laws and are subject to liabilities set out by such laws.

2. DOMAIN REGISTRATION - Apex Solutions provides a Domain Name Registration Service through an affiliated company.

a. This is an additional and independent service and will be treated as separate services, and in turn billed separately.
b. The domain name is registered on behalf of the customers in the customer’s name and is owned by the customer.
c. The customer is responsible to Domain Name Registration Authorities for any charges incurred through the use of this service.
d. The customer is also responsible for the correctness of its information and is to inform Apex Solutions of any corrections needed to the information.
e. The Domain Name and its information unless otherwise specified by the customer is managed by Apex Solutions on the customer’s behalf. Any changes to the domain name and its management/ information will be done via formal notice from the customer to Apex Solutions.

3. SEARCH ENGINE REGISTRATION - Apex Solutions will provides a Search Engine Application Services through our affiliated Search Engine Registration Service.

a. This is an additional and independent service and will be treated as separate service, and in turn billed separately.
b. The service will be applied for on behalf of the customer and as such is liable to fees and conditions of this service.
c. Apex Solutions does not take responsibility for nor honours, warranty/ guarantees the service acquired as result of failure on the affiliates behalf to provide effectively gain from its service.

4. WEB DESIGN – Apex Solutions will provide a Web Design Service. This is an additional and independent service and will be treated as separated service.

a. The service is subject to changes in/ additional prices as deemed necessary by parameters in accordance to service guidelines and procedures and service methodology.
b. The customer is obligated to payment once it is agreed on by both parties that the service rendered is satisfied and complete.
c. Should the customer have a discrepancy with the service rendered or an additional request the customer must have this brought to the attention of or request amendments no later than 48 hours after completion of rendered service.

5. SPECIALS - Where by the customer has obtain services from Apex Solutions through any promotion, special or incentive advertised the customer by signing this contract agrees to the service for at least one year.

a. Should the customer decide to terminate this agreement/ service before the 1-year waiting period, then the full service charge(s) is payable where by before the customer would have benefited.
b. These charges become due and must be paid before termination is effective.

1. ALLOWABLE USE – Apex Solutions provides the services to be used for material and data to be placed on Hostcentric's equipment is in a condition that is "server-ready”.

a. Use of the services is in accordance with the proper use of internet technologies and methods that the service has been created for.
b. Use of the services other than for what it has been created for and intended use would be on the consensual guidelines stated by Apex Solutions and Hoscentric in which case Apex Solutions also exempts itself from possible liabilities as a result of this.
c. The customer at circumstances may request administration rights for the management the accounts web content/ information and on such circumstances Apex Solutions will not be responsible for any damage suffered by the customer, including but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by the customer’s own negligence or the customer’s errors or omissions. Should your account in anyway be damage, corrupted or suffers an inability to be active as a result of the above, the customer will be subject to pay Apex Solutions the sum of $630.00 to restore the account.

2. ACCEPTABLE USE – Apex Solutions Web Services may only be used for lawful purposes. The following is a listed of prohibited use of the services

a. Any material/ information in violation of any international/ local, federal or state statute or regulation
b. This includes, but not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
c. The posting of copyrighted software without proper authorization (commonly referred to as Warez) and/or the posting of software access codes (commonly referred to as Cracks)
d. Any illegal material, information or services deemed of a ‘pornographic/ adult’ nature.
e. The exploitation and abuse of the services other than what the services were originally acquired for unless informed and consented by Apex Solutions for the purpose subjecting the customer to any additional provisions and liabilities as a result of this.
f. The customer is subject to pay a fine of $6,000.00 to Apex Solutions for flagrant disregard of allowable use policies including sending unsolicited commercial e-mail, spam, or via discussion groups whose charter does not explicitly allow advertisements.

3. ABUSE OF UNLIMITED DATA TRAFFIC - The term “Bandwidth” is defined as “The total additive amount of data transmitted from sites on Apex Solution’s ‘Hosting Servers’ that comprise a single billing group”. For billing purposes, this is considered monthly. The term “Unlimited Bandwidth” implies that the data transfer is not charged on a metered basis as long as it remains within reasonable expectations. Apex Solutions considers 3 Gigabytes a reasonable expectation for its servers. Accounts whose total Bandwidth is in excess of this expectation will be addressed on an individual basis. Apex Solution’s customers who are privileged to be offered unlimited traffic for their web sites, the intention of Apex Solutions is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be ‘linked’ with files (.GIF, .JPEG, etc.) stored on Apex Solutions servers. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Apex Solutions management. Any customer who violates Apex Solution’s Policies in abusing site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allocated 2 day period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:

a. Sites with Banners, graphic or cgi scripts running from their domain used on other domains.
b. Sites with picture galleries (This is any site where 50% of the files transferred are graphics.)
c. Sites offering download files or archives. (This is any site where 50% or more of their monthly traffic is from file downloads.)
d. Sites using more than 30% of system resources.
e. Apex Solutions will be the sole arbiter as to what constitutes a violation of this provision.

4. RESPONSIBILITY FOR ACCOUNT USE – The customer is responsible for all use of his/ her account(s) and confidentiality of password(s).

a. Apex Solutions will suspend or change access upon notification that the customer’s password has been stolen, lost or otherwise compromised.
b. The customer shall be responsible for independent backup of their data/ information stored online.
c. The customer is also responsible for the validity/ correctness of the accounts information as submitted by the customer and is obligated to formally inform/ update Apex Solutions of any change/ update/ modification of information within 15 business days of change.
d. If the customer is less than 18 years of age, the application must be signed and these terms agreed to by a parent or legal guardian, who is responsible for all charges related to the use of the customer’s account(s).
e. While Apex Solutions is committed to providing the most dependable/ efficient service the customer is required to inform Apex Solutions appropriately about any and every discrepancy or inefficiencies of the service/ account so as to immediately resolve the issue.

5. UNAUTHOURISED USE OF THE ACCOUINT - Apex Solutions will strongly react to any use or attempted use of an account or computer without the owner’s authorization. Such attempts include “social engineering” (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks (ping-flooding, sending packets with an illegal packet size, UDP flooding, half open TCP connection flooding, etc.) and the like. Harassment or abusive use of email and other Internet services is a rare but serious misuse of Internet resources. Apex Solutions will handle incidents of harassment on a case-by-case basis, consulting with all parties involved. Any unauthorized use of accounts or computers by an Apex Solutions customer, whether or not the attacked account or computer belongs to Apex Solutions, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.

1. Payments are billed either monthly, annually unless otherwise arranged and agreed upon by both parties with regard to the services.
2. Each account is billed from the 1st day of the present month regardless of the signup day.
3. Invoices are delivered either electronically, regular mailing methods via the customers contact information on the 1st working day of each month.
4. Necessary billing information pertaining to the account in question and the customer will be made available to the customer upon request.
5. Should there be any queries concerning the customer’s account’s invoice, the customer is required to make a formal query to Apex Solutions within 15 days of invoice date giving details of the query including supporting documents.
6. The customer is obligated to fulfill his agreement towards payment for invoices not under query for service regardless of any present query or discrepancies of invoice or services acknowledged by Apex Solutions until the matter has been resolved and the appropriate resolutions to compensation if any taken.
7. ADDITIONAL CHARGES – Apart form charges as charged per service the customer and the account is subject to miscellaneous charges resulting from circumstances which incur respective charges

a. Apex Solutions will charge $50.00 for all returned cheques.
b. A service charge of $25.00 will be assessed on late payments and will be billed for each outstanding invoice every month until the invoice is cleared.
c. The customer is liable for any and all attorney fees, court costs, and collection agency fees or commissions IF Apex Solutions has to resort to these methods in order to collect debts owed to Apex Solutions. The customer is subject to pay Apex Solutions its reasonable expenses, including attorney fees, incurred in enforcing it rights under this agreement.
d. The customer is subject to pay a fine of $6,000.00 for flagrant disregard of allowable use policies including sending unsolicited commercial e-mail, spam, or via discussion groups whose charter does not explicitly allow advertisements.
e. Where some services involved metered items Apex Solutions applies the respective charges accordingly. These services include but not limited to server disk space, additional email accounts, add-on services/ features, and third party services.

1. Apex Solutions uses this information in a manner of interest of the account and the service acquired.
2. Apex Solutions will use this information where it is required in the application for third party services. Where the customer has been signed-up for these particular services, the customer’s contact information will be used when necessary in order for the third party to provide these services and for any other purpose in the interest of the account for the service acquired. These third parties may not be allowed to use personally identifiable information except for the purpose of providing these services.
3. Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process.
4. EMAIL PRIVACY - Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their message unreadable by eavesdroppers. With regards to Apex Solution’s mail servers, Apex Solutions places a high value on privacy, and will only examine users’ email messages/ information in the event of resolving/ troubleshooting service delivery problems or being presented with a search warrant for the information. Where warranted Apex Solutions will be required to submit the customers email address in acquiring specific services.

a. Apex Solutions Limited assumes no responsibility for the unauthorized access by the customer or users to information of participating networks “hacking”, or any virus or harmful programs, which may be introduced by a customer or user, or for the use of information, received via the service.
b. Apex Solution’s services hereunder is subjected to interruption and delay due to causes beyond its reasonable control such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial failure or labour disputes, inability to obtain necessary supplies and the like.
c. LIMITATION OF LIABILITY - Neither Apex Solutions Limited, its officers, directors, employees or authorized agents shall be under any liability to the customer nor any other person for direct, indirect or consequential loss or damage (including, but not limited to lost profits or damaged or corrupted data) arising out of or in connection with the use of the service or any delay, failure or interruption of the service or in the use or performance of the software.
d. Where Apex Solutions has given consent for the use of service for use other than what it has been intended the customer is allowed this use of service at his OWN RISK.