Terms of Service - Automatonics Incorporated DBA APLCloud.com ("APL Cloud")
Terms of Service
Revision date: January 1st, 2018
Automatonics Incorporated DBA APLCloud.com ("APL CLOUD")
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
All services provided by APL Cloud may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Automatonics Incorporated from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to Automatonics Incorporated' servers, or any other server on the Internet. Links to such materials are also prohibited.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Automatonics Incorporated's or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without Automatonics Incorporated's express written consent.
This includes: scraping, data mining, data extraction, data harvesting, 'framing'(iframes), Article'Spinning'...
You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of Automatonics Incorporated's.
hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Automatonics Incorporated WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS. Unless otherwise stated, Automatonics Incorporated's and/or its licensors own the intellectual property rights published on this website and materials used on Automatonics Incorporated's. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not: republish material from this website in neither print nor digital media or documents (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; redistribute material from this website - except for content specifically and expressly made available for redistribution; or republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation. Traffic UsageAll account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.
IRCWe currently do not allow IRC or IRC bots to be operated on our servers. Server AbuseAny attempt to undermine or cause harm to a server or customer of APL Cloud is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Refusal of ServiceWe reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of APL Cloud must adhere to the above policies, with the exception of system resources in respect to dedicated servers. BillingBy the Account Activation Date of each month, Automatonics Incorporated shall either:
(1) debit the client's credit card (when such information has been provided by the client); or (2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Automatonics Incorporated by no later than the specified payment due date. APL Cloud shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended. Service FeesCertain services carry a setup fee charged by Automatonics Incorporated to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Automatonics Incorporated and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Money back guarantee & refund policy
We offer a 30 day Money back guarantee.
Refunds: If client has retained the services for one year and has pre-paid APL Cloud for such services, refunds will be issued for any unused full month of the services, upon client's request. Therefore, if client's account is cancelled at any point during the one-year term, client will be entitled to a refund for the months remaining, after notice given by the 25th day of the preceding month.
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation. We reserve the right to refuse, cancel or suspend service, at our sole discretion. Limitation of Liability. APL Cloud shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Automatonics Incorporated ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Automatonics Incorporated shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Automatonics Incorporated ' servers. All damages shall be limited to the immediate termination of service. ViolationsViolations of these Acceptable Use Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation. DisclaimerAPL Cloud cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Automatonics Incorporated are resold. Thus, certain equipment, routing, software and programming used by Automatonics Incorporated are not directly owned or written by Automatonics Incorporated. Moreover, Automatonics Incorporated holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Automatonics Incorporated sees fit. Server
APL Cloud guarantees 99.99% service up time on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime. APL Cloud reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
APL Cloud has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Our site uses an order form for customers to request services. (256 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us. Contact information from the order forms is used to get in touch with the customer when necessary. Billing information that is collected is used to bill the user for services. Unique identifiers are collected from Web site visitors to verify the user's identity.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC. Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: email@example.com Acceptable Use PolicyAs a provider of web site hosting and other Internet-related services, Automatonics Incorporated offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Automatonics Incorporated respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Automatonics Incorporated reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Automatonics Incorporated has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Automatonics Incorporated' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Automatonics Incorporated cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Automatonics Incorporated cannot monitor or censor the Internet, and will not attempt to do so, Automatonics Incorporated cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that Automatonics Incorporated does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Automatonics Incorporated' network and may reach a large number of people, including both subscribers and non-subscribers of Automatonics Incorporated, subscribers' postings to the Internet may affect other subscribers and may affect Automatonics Incorporated' goodwill, business, reputation or operations. For these reasons, subscribers violate Automatonics Incorporated policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Automatonics Incorporated, but also because it can overload APL Cloud' network and disrupt service to Automatonics Incorporated' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Automatonics Incorporated will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Automatonics Incorporated reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Automatonics Incorporated choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, Automatonics Incorporated does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated. Adult-Oriented Content: APL Cloud does not allow adult content and will suspend/terminate any offending account. Large File Policy: APL Cloud is not for file hosting and distribution - as such, customers may not host any files to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail firstname.lastname@example.org. Obscene
Speech or Materials:
Using Automatonics Incorporated' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Automatonics Incorporated is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using Automatonics Incorporated' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message. Illegal or Unauthorized Access to Other Computers or Networks: Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity). Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment. Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software. Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States. Usenet Groups:
APL Cloud reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP. Other Illegal Activities: Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software. Other Activities: Engaging in activities, whether lawful or unlawful, that Automatonics Incorporated determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. APL Cloud will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Automatonics Incorporated' policy or applicable law. However, when Automatonics Incorporated becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Automatonics Incorporated.
APL Cloud is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching APL Cloud' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Automatonics Incorporated does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Automatonics Incorporated reserves the right to directly take action against a customer of its subscribers. Also, Automatonics Incorporated may take action against the Automatonics Incorporated' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Automatonics Incorporated anticipates that subscribers who offer Internet services will cooperate with Automatonics Incorporated in any corrective or preventive action that Automatonics Incorporated deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Automatonics Incorporated policy.
APL Cloud will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Automatonics Incorporated may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Automatonics Incorporated may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Automatonics Incorporated assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Automatonics Incorporated may disclose subscriber information or information transmitted over its network where necessary to protect Automatonics Incorporated and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Automatonics Incorporated will never sell information to other services or outside companies.
APL Cloud expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate Automatonics Incorporated policy. Finally, Automatonics Incorporated wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Automatonics Incorporated for any violation of the Service Agreement, law or Automatonics Incorporated policy resulting in loss to Automatonics Incorporated or the bringing of any claim against Automatonics Incorporated by any third party. This means that, if Automatonics Incorporated is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against Automatonics Incorporated, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Automatonics Incorporated and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to email@example.com.
Access to certain areas of this website is restricted. Automatonics Incorporated's reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Automatonics Incorporated's may change or modify this policy without notice.
If Automatonics Incorporated's provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security..
Automatonics Incorporated's may disable your user ID and password at Automatonics Incorporated's sole discretion without notice or explanation.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Automatonics Incorporated's a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Automatonics Incorporated's the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Automatonics Incorporated's or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Automatonics Incorporated's reserves the right to edit or remove any material submitted to this website, or stored on the servers of Automatonics Incorporated's, or hosted or published upon this website.
Automatonics Incorporated's rights under these terms and conditions in relation to user content, Automatonics Incorporated's does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Automatonics Incorporated's makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Automatonics Incorporated's does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Automatonics Incorporated's will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Automatonics Incorporated's has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Automatonics Incorporated in respect of any:
death or personal injury caused by the negligence of Automatonics Incorporated's or its agents, employees or shareholders/owners; fraud or fraudulent misrepresentation on the part of Automatonics Incorporated's; or
matter which it would be illegal or unlawful for Automatonics Incorporated's to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Automatonics Incorporated's has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Automatonics Incorporated's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Automatonics Incorporated's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Automatonics Incorporated's.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Automatonics Incorporated's and undertake to keep Automatonics Incorporated's indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Automatonics Incorporated's to a third party in settlement of a claim or dispute on the advice of Automatonics Incorporated's legal advisers) incurred or suffered by Automatonics Incorporated's arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Automatonics Incorporated's other rights under these terms and conditions, if you breach these terms and conditions in any way, Automatonics Incorporated's may take such action as Automatonics Incorporated's deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Automatonics Incorporated may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Automatonics Incorporated's may transfer, sub-contract or otherwise deal with Automatonics Incorporated's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of GEORGIA, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of GEORGIA, USA.
By activating your account with Automatonics Incorporated, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information. NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Automatonics Incorporated DBA APLCloud.com ("APL Cloud")
Registered Address:Phone: (678) 310-2484
4430 Wade Green Road - Suite 180-165 Kennesaw, GA 30144