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Thank you for choosing to be part of our community at https://www.aplushosting.asia (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at firstname.lastname@example.org.
TABLE OF CONTENTS
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.
We collect personal information that you voluntarily provide to us when registering at the Sites expressing an interest in obtaining information about us or our products and services, when participating in activities on the Sites or otherwise contacting us.
The personal information that we collect depends on the context of your interactions with us and the Sites, the choices you make and the products and features you use. The personal information we collect can include the following:
Name and Contact Data. We collect your first and last name, email address, postal address, phone number, and other similar contact data.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.
Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.
Social Media Login Data. We provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS " below.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information automatically collected
In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Sites.
We automatically collect certain information when you visit, use or navigate the Sites. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Sites and other technical information. This information is primarily needed to maintain the security and operation of our Sites, and for our internal analytics and reporting purposes.
Like many businesses, we also collect information through cookies and similar technologies.
Information collected from other sources
In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.
We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our Sites for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.
More specifically, we may need to process your data or share your personal information in the following situations:
In Short: If you choose to register or log in to our websites using a social media account, we may have access to certain information about you.
Our Sites offer you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public.
7. HOW LONG DO WE KEEP YOUR INFORMATION?
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
8. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.
9. DO WE COLLECT INFORMATION FROM MINORS?
In Short: We do not knowingly collect data from or market to children under 18 years of age.
We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Sites. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at: legal @ aplushosting.asia.
10. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.
In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
If you would at any time like to review or change the information in your account or terminate your account, you can:
■ Log into your account settings and update your user account.
■ Contact us using the contact information provided.
Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. To opt-out of interest-based advertising by advertisers on our Sites visit http://www.aboutads.info/choices/ .
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:
■ Note your preferences when you register an account with the site.
■ Access your account settings and update preferences.
■ Contact us using the contact information provided.
11. CONTROLS FOR DO-NOT-TRACK FEATURES
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the Sites, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.
13. DO WE MAKE UPDATES TO THIS POLICY?
In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.
This site utilizes caching in order to facilitate a faster response time and better user experience. Caching potentially stores a duplicate copy of every web page that is on display on this site. All cache files are temporary, and are never accessed by any third party, except as necessary to obtain technical support from the cache plugin vendor. Cache files expire on a schedule set by the site administrator, but may easily be purged by the admin before their natural expiration, if necessary.
15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?If you have questions or comments about this policy, you may email us at info @ aplushosting.asia or by post to:
We guarantee that the critical systems, including power, HVAC and Dry Fire Suppression Systems, will be available 100% of the time in any given month, excluding scheduled maintenance. We will refund the customer 10% of the monthly fee for each 60 minutes of downtime (up to 100% of customer’s monthly fee).
Critical systems include functioning of all power and HVAC infrastructure including UPSes, PDUs and cabling, but does not include the power supplies on customers’ servers. NOC downtime exists when a particular server is shut down due to power or heat problems and we record such a failure in the support ticketing system.
We guarantee the functioning of all leased hardware components and will replace any failed component at no cost to the customer.
Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within 3 hours of problem identification. This guarantee of 3 hours does not include additional actions such as software installations, OS reinstalling, or other data or backup services.
In the event that it takes us more than 6 hours to replace faulty hardware, we will refund the customer 10% of the monthly fee for each exceeding period of 180 minutes of downtime (up to 100% of customer’s monthly fee). Hardware is defined as the Processor(s), Memory, hard disk(s), motherboard, NIC card and other related hardware included under the server lease.
Aplus Asia Enterprise Co., Ltd. including all Aplus Asia Enterprise Co., Ltd.’s subsidiaries, divisions, affiliates, contractors and all data sources and suppliers, (collectively “Aplus Asia Enterprise”, “AplusHosting”, “we”, “us” or “our”) thank you for your business and is proud to be able to provide you with our services.
Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization.
Agreeing to use the Services by clicking on the “I have read and accepted Terms of Service” checkbox during the signup/checkout process constitutes your acceptance and agreement to be bound by these Terms of Service, and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be modified from time to time without notice to you.
These Terms of Service provide that all disputes between you and Aplus Asia Enterprise will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT A JUDGE OR JURY and your claims cannot be brought as a class action.
Aplus Asia Enterprise reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Aplus Asia Enterprise will notify you by posting an announcement on the Website.
Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
2.1 The Services are not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
2.2 We reserve the right to refuse, cancel, or suspend service at our sole discretion. All accounts terminated due to a violation of our Terms Of Service are subject to a processing fee equal to one (1) month’s hosting fee for that account. Aplus Asia Asia Enterprise does not issue credits for outages incurred through service disablement resulting from Terms Of Service violations. Aplus Asia Enterprise also reserves the right to refuse service to any person or organization for any reason. When Aplus Asia Enterprise becomes aware of an alleged violation of its Terms Of Service, Aplus Asia Enterprise will initiate an investigation. During the investigation, Aplus Asia Enterprise may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Aplus Asia Enterprise may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Aplus Asia Enterprise will notify the appropriate law enforcement authorities.
2.3 To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use a name of another person with the intent to impersonate that person; (ii) use a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents), and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state, provincial, territorial or other authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates. You agree to provide accurate information in your registration and not to share your password with third parties. You agree not to impersonate another person or to select or use a name or password of another person. You agree to notify Aplus Asia Enterprise promptly of any unauthorized use of your account and of any loss, theft or disclosure of your password. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate termination of your account and your right to use the services.
Aplus Asia Enterprise WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO PROVIDE US WITH ACCURATE INFORMATION OR TO KEEP YOUR ACCOUNT SECURE.
2.4 The Effective Date of an individual Service, is the date we begin the Ordering Process (Service Term). We use fraud detection programs. If during the Ordering Process your order is flagged as potentially fraudulent, it may not be processed. Until we notify you that the Service is available, you should not assume that your order has been processed.
2.5 Upon the expiration of an initial Service Term, that Service shall renew for a period of equal length unless one party has provided the other with a notice of termination.
3.1 For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
3.2 All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
3.3 The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
3.4 Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
3.5 Due to the special system and network requirements of adult-oriented sites, pornography and sex-related websites, content and merchandising are prohibited. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites. Other unacceptable content includes but is not limited to: religious and religion-related sites, sites promoting or discussing any domestic or international extremist political issues (terrorist, radical islamic, nazi, neo-nazi, anarchy, etc…), sites operating mainly as downloading gateways for illegal software or media, IRC related sites, gambling sites, sites promoting or offering pirated software or content, hacking or spamming software, media or other resources, sites containing disturbing, defamatory or offending pictures or other media, and any other site and/or content deemed to be unacceptable by Aplus Asia Enterprise. We also do not allow any Game Servers, IRC servers, IRC bots and/or any IRC related software, Cryptomining, public Proxy Servers and public VPNs on our infrastructure. Any other web sites that link to ones with unacceptable content will also be treated as unacceptable.
4.1 As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activities in connection with the Services and the activity of any sub-user that uses your Account.
4.2 You agree that you will not transmit, distribute, post, store, link, or otherwise traffic in Content, information, software, or materials on or through the Service that (i) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, contains or depicts pornography that is unlawful, or is otherwise inappropriate as determined by us in our sole discretion, (ii) you know is false, misleading, untruthful or inaccurate, (iii) constitutes unauthorized or unsolicited advertising, (iv) impersonates any person or entity, including any of our employees or representatives, or (v) includes anyone’s identification documents or sensitive financial information.
4.3 You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website; (vi) harvest or scrape any Content from the Services; (vii) use the Services for high-risk activities including but not limited to the operation of nuclear facilities, air traffic control, life support systems, or any other use where the failure of service could lead to death, personal injury, or environmental damage; or (viii) otherwise take any action in violation of our guidelines and policies.
4.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
4.5 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
4.6 Subscribers are restricted from registering multiple Accounts with the same billing details without first notifying Aplus Asia Enterprise of that intent. Otherwise, Aplus Asia Enterprise shall have the right to automatically flag such Accounts as fraudulent or abusive, and we may, without notification to the Subscriber of such Account, suspend the service of such Account or any other Account used by such Subscriber. The use of referral codes by multiple Accounts having the same billing profile is not allowed. Aplus Asia Enterprise also reserves the right to terminate a Subscriber’s Account if it is targeted by malicious activity from other parties.
4.8 The enumeration of violations in this Section 4 of these Terms of Service is not meant to be exclusive, and Aplus Asia Enterprise provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Services, Subscribers, and third parties from acts that would be inimical to the purposes of this Section 4 of these Terms of Service.LAWFUL USE OF THE NETWORK
4.9 In using the Services, Subscribers must comply with, and refrain from violations of, any right of any other person, entity, law, or contractual duty, including without limitation the laws of the United States and the laws of Missouri, and including without limitation those laws forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) unlawful sending of commercial electronic messages or other marketing or electronic communications, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Subscribers will also comply with the affirmative requirements of law governing use of the Services, including but not limited to: (i) disclosure requirements, including those regarding notification of security breaches, (ii) records maintenance for regulated industries, and (iii) financial institution safeguards.AGREED USE OF ALLOTTED NETWORK AND SERVER RESOURCES
4.10 Subscribers shall not use any method to circumvent the provisions of these Terms of Service or to obtain Services in excess of those for which they contract with Aplus Asia Enterprise. Subscribers shall use only those IP addresses that are assigned to them by Aplus Asia Enterprise, and shall not use any IP addresses outside of their assigned range. Subscribers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities. Any Service considered a threat to the normal operation of the server hardware will be immediately suspended. Repeat offenders will have their Services and Accounts permanently terminated. A “Reasonable Use” policy applies to data traffic on Shared and VPS Services. This means that if your use of the Hosting Services regularly generates more traffic than is customary for similarly situated customers, we may modify your use of the Services so that they no longer exceed this standard. If you do not modify your use, we reserve the right to terminate your use of the Services and assess an Early Termination Fee.INJURIOUS CODE
4.11 Subscribers may not use the Services to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (i) trojans, (ii) key loggers, (iii) viruses, (iv) malware, (v) botnets, (vi) denial of service attacks, (vii) flood or mail bombs, (viii) logic bombs, or (ix) coin miners and other actions which Aplus Asia Enterprise reserves the sole right to determine to be malicious in intent.EMAIL VIOLATIONS
4.12 Subscribers shall not send bulk email utilizing their resources on the Services unless they route all outbound emails through a third-party bulk email deliverability service. Subscribers shall comply with all laws regarding the sending of commercial electronic messages or other marketing or electronic communications. Subscribers are forbidden from taking any action that would result in their IP addresses, or any IP address associated with Aplus Asia Enterprise or other Subscribers, being placed on the Spamhaus.org blacklist or any other IP or DNS blacklist. Aplus Asia Enterprise reserves the sole and absolute right to determine whether an email violation has occurred.INVASION OF PRIVACY, DEFAMATION, OR HARASSMENT
4.13 Subscribers may not use the Services in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory or libelous statements, or to harass or embarrass, which shall be determined in Aplus Asia Enterprise’ sole and absolute discretion.VIOLATION OF COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRETS
4.14 Subscribers may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law. The provisions of the Digital Millennium Copyright Act of 1998 (“DMCA”) (as required under 17 U.S.C. §512) and all other applicable international trademarks, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. Aplus Asia Enterprise will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Subscriber of Aplus Asia Enterprise is violating its intellectual property rights, it should notify us by email to email@example.com. A notification should include information reasonably sufficient to permit Aplus Asia Enterprise to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring. Please see our DMCA Policy.EXPORT
4.15 Subscriber shall comply with all applicable export and import control laws and regulations in its use of the Services, and, in particular, Subscriber shall not utilize the Services to export or re-export data or software without all required United States and foreign government licenses. Subscriber assumes full legal responsibility for any access and use of the Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require an export license. Should such a license be required, it shall be Subscriber’s responsibility to obtain the same, at Subscriber’s sole cost and expense, and in the event of any breach of this duty resulting in legal claims against Aplus Asia Enterprise, Subscriber shall defend, indemnify and hold Aplus Asia Enterprise harmless from all claims and damages arising therefrom.ACTS OF SUB-USERS
4.16 Subscribers are responsible for the acts of others utilizing their access to the Services, and will be held responsible for violations of the Services by their sub-users or persons who gain access to the Services using the Subscriber’s access codes. Any activity that a Subscriber is prohibited from performing by these Terms of Services is equally prohibited to anyone using the access to the Services of the Subscriber.ACCESS CODE PROTECTION
4.17 Subscribers shall utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins and passwords, and verifying the trustworthiness of persons who are entrusted with account access information.SERVER SECURITY
4.18 The Subscriber agrees to be solely responsible for the security and integrity of the server and/or hosting account. The Subscriber will take all necessary actions to keep the server and/or hosting account secure at all times, by updating all server services and software every time there is an update available, and by continuously monitoring and checking the server and/or hosting account for any possible security breaches. The Subscriber also understands and agrees that Aplus Asia Enterprise is in no way responsible nor liable for the security and any possible security threats or breaches of Subscriber’s server and/or hosting account.NOTIFICATION REGARDING THESE TERMS OF SERVICE
4.19 Subscribers shall notify all persons who receive access to the Services of the provisions of these Terms of Service, and shall inform them that the terms of these Terms of Service are binding upon them.REMEDIAL ACTION
4.20 Subscribers shall notify Aplus Asia Enterprise if and when they learn of any security breaches regarding the Services, and shall aid in any investigation or legal action that is taken by authorities and/or Aplus Asia Enterprise to cure the security breach.
The following services do not qualify for the Money Back Guarantee:
– additional items or services
– no refund will be made if services are suspended or terminated for cause.
Services must be canceled before we can issue a refund.
Refunds will be provided in the same payment method as the original payment. There are no refunds when payment is made with Bitcoin, though some times we can find another solution to compensate.
All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred.
The Subscriber to VPS plans is entitled to a Service refund if the cancellation and refund requests are made during the first 30 days from the date when the Service was provisioned.
Additional items and services such as Windows server licensing, SSL certificates and cPanel/WHM and other control panel licenses, are non-refundable.
Contracted services are not eligible for a refund, unless Service Level Agreement or Terms of Service states otherwise.
6.1 Aplus Asia Enterprise accepts Bitcoin, major credit cards, debit cards, and Paypal payments. Subscribers who choose to pay with PayPal will be strictly limited to a single Aplus Asia Enterprise Account per PayPal account. Virtual credit cards and gift cards typically will not be accepted. Other forms of payment are not available. Please note that any payment terms presented to you in the process of using or signing up for paid Services are deemed part of this Agreement.
6.2 We use third-party payment processors (the “Payment Processors”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments may be subject to the terms, conditions and privacy policies of the Payment Processors in addition to this Agreement. We are not responsible for errors by the Payment Processors. By choosing to use paid Services, you agree to pay us, through the Payment Processors, all charges at the prices then in effect for any use of such paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processors, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method.BILLING AND TERMS
6.3 The term of this Agreement shall be monthly or yearly, depending on your chosen preference during the checkout process, to commence on the date that the Subscriber signs up electronically for the Services by creating an account with an email address. All invoices are denominated, and Subscriber must pay, in U.S. Dollars. The initial invoice is prorated until the end of the current billing cycle. If the sign-up date is on or after the 25th of the month and the Subscriber chose to pay monthly, the initial invoice will include the prorated amount for the current month and the full amount for the next month. Subscribers are typically billed monthly on the first day of each month if paying monthly, or on the first day of the annual billing period when the annual payment is due, with payment due no later than seven (7) days past the invoice date. We will retry the charges several times during the 7 days past the invoice date, and will send you an email whenever such attempt has been unsuccessful. We will also send you multiple email reminders and warnings before your Service is suspended. All Subscribers with an unpaid invoice(s) 3 days after the invoice due date will have their Service suspended, pending full payment of their balance. Subscribers with an unpaid invoice(s) 30 days after the due date will have their Service(s) completely terminated and deleted. Once Service is terminated it is non-restorable and non-renewable as all data including any backups are permanently and irretrievably deleted. Subscribers are entirely responsible for the payment of all taxes, if any. Monthly fees and renewal fees will be billed at the rate agreed to at purchase. You may cancel the Services at any time by logging into the client area at https://my.aplushosting.asia/clientarea/. At cancellation, your Service is terminated and it is no longer restorable or renewable as all data including any backups are permanently and irretrievably deleted. Except in the case of subscription commitments you have agreed to, which shall be nonrefundable, as permitted by law, if you cancel, you agree that fees for the first month of Services and any start-up costs associated with setting up your Account (“Start-up Costs”) shall be nonrefundable, as permitted by law. With the exception of any subscription commitments agreed by you, if you paid fees in advance for any period longer than one month, then you may, with the exception of fees for the first month of Services and any Start-up Costs, obtain a refund on a pro-rata basis for the period remaining after you cancel.
6.4 Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE-MAY-SUBMIT-PERIODIC-CHARGES-WITHOUT-FURTHER-AUTHORIZATION-FROM-YOU-UNTIL-YOU-PROVIDE-PRIOR-NOTICE-(RECEIPT OF WHICH IS CONFIRMED BY US) THAT-YOU-HAVE-TERMINATED-THIS-AUTHORIZATION-OR-WISH-TO-CHANGE-YOUR-PAYMENT-METHOD. SUCH-NOTICE-WILL-NOT-AFFECT-CHARGES-SUBMITTED-BEFORE-WE-REASONABLY-COULD-ACT.
6.5 The Subscriber is entitled to a Service refund if the cancellation and refund requests are made during the first 7 days from the date when the Service was provisioned. Additional items and services such as: domain registrations, domain transfers, SSL certificates and cPanel/WHM and other control panel licenses, are non-refundable.
6.6 YOU-MUST-PROVIDE-CURRENT-COMPLETE-AND-ACCURATE-INFORMATION-FOR-YOUR-BILLING-ACCOUNT. YOU-MUST-PROMPTLY-UPDATE-ALL-INFORMATION-TO-KEEP-YOUR-BILLING-ACCOUNT-CURRENT-COMPLETE-AND-ACCURATE-(SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE) AND-YOU-MUST-PROMPTLY-NOTIFY-US-OR-OUR-PAYMENT-PROCESSORS-IF-YOUR-PAYMENT-METHOD-IS-CANCELED-(E.G., FOR LOSS OR THEFT) OR-IF-YOU-BECOME-AWARE-OF-A-POTENTIAL-BREACH-OF-SECURITY-SUCH-AS-THE-UNAUTHORIZED-DISCLOSURE-OR-USE-OF-YOUR-USER-NAME-OR-PASSWORD. IF-YOU-FAIL-TO-PROVIDE-ANY-OF-THE-FOREGOING-INFORMATION-YOU-AGREE-THAT-WE-MAY-CONTINUE-CHARGING-YOU-FOR-ANY-USE-OF-PAID-SERVICES-UNDER-YOUR-BILLING-ACCOUNT-UNLESS-YOU-HAVE-TERMINATED-YOUR-PAID-SERVICES-AS-SET-FORTH-ABOVE.
7.2 TO-THE-EXTENT-PERMITTED-BY-APPLICABLE-LAW, YOU-RELEASE-US-FROM-ALL-LIABILITY-FOR-YOU-HAVING-ACQUIRED-OR-NOT-ACQUIRED-CONTENT-THROUGH-THE-SERVICES. WE-MAKE-NO-REPRESENTATIONS-CONCERNING-ANY-CONTENT-CONTAINED-IN-OR-ACCESSED-THROUGH-THE-SERVICES, WE-WILL-NOT-BE-RESPONSIBLE-OR-LIABLE-FOR-THE-ACCURACY, COPYRIGHT-COMPLIANCE, OR-LEGALITY-OF-MATERIAL-OR-CONTENT-CONTAINED-IN-OR-ACCESSED-THROUGH-THE-SERVICES.
7.3 THE-SERVICES-INCLUDING-WITHOUT-LIMITATION-ANY-INFORMATION-DELIVERED-AS-PART-OF-THE-SERVICES-AND-CONTENT-ARE-PROVIDED “AS-IS”, “AS-AVAILABLE” AND-WITHOUT-WARRANTY-OF-ANY-KIND-EXPRESS-OR-IMPLIED-INCLUDING-BUT-NOT-LIMITED-TO-THE-IMPLIED-WARRANTIES-OF-TITLE-NON-INFRINGEMENT-MERCHANTABILITY-AND-FITNESS-FOR-A-PARTICULAR-PURPOSE-NONINTERFERENCE-WITH-DATA-AVAILABILITY-ACCURACY-THAT-YOU-WILL-HAVE-CONTINUOUS-UNINTERRUPTED-OR-SECURE-ACCESS-TO-OUR-WEBSITE-OR-THAT-THE-SERVICES-ARE-ERROR-FREE-AND-ANY-WARRANTIES-IMPLIED-BY-ANY-COURSE-OF-PERFORMANCE-OR-USAGE-OF-TRADE-ALL-OF-WHICH-ARE-EXPRESSLY-DISCLAIMED. WE-AND-OUR-DIRECTORS-EMPLOYEES-AGENTS-SUPPLIERS-PARTNERS-AND-CONTENT-PROVIDERS-DO-NOT-WARRANT-THAT-THE-SERVICES-WILL-BE-SECURE-OR-AVAILABLE-AT-ANY-PARTICULAR-TIME-OR-LOCATION-ANY-DEFECTS-OR-ERRORS-WILL-BE-CORRECTED-ANY-CONTENT-OR-SOFTWARE-AVAILABLE-AT-OR-THROUGH-THE-SERVICES-IS-FREE-OF-VIRUSES-OR-OTHER-HARMFUL-COMPONENTS-OR-THE-RESULTS-OF-USING-THE-SERVICES-WILL-MEET-YOUR-REQUIREMENTS. YOUR-USE-OF-THE-SERVICES-IS-SOLELY-AT-YOUR-OWN-RISK. INFORMATION-YOU-REQUEST-MAY-NOT-BE-AVAILABLE-OR-MAY-NOT-BE-PROVIDED-AND-Aplus-Asia-Enterprise-HAS-NO-LIABILITY-FOR-SUCH-FAILURE. IN-NO-EVENT-WILL-Aplus-Asia-Enterprise-WARRANT-OR-GUARANTEE-THE-CORRECTNESS-COMPREHENSIVENESS-COMPLETENESS-ACCURACY-TIMELINESS-OF-ANY-INFORMATION-PRODUCTS-OR-SERVICES-ON-THIS-WEBSITE. THE-INFORMATION-PRODUCTS-AND-SERVICES-AVAILABLE-ON-THE-WEBSITE-MAY-INCLUDE-TECHNICAL-INACCURACIES-OR-TYPOGRAPHICAL-ERRORS. THEREFORE-YOU-AGREE-THAT-YOUR-ACCESS-TO-AND-USE-OF-OUR-WEBSITE-PRODUCTS-SERVICES-AND-CONTENT-ARE-AT-YOUR-OWN-RISK.
IN-NO-EVENT-SHALL-WE-NOR-OUR-DIRECTORS-EMPLOYEES-AGENTS-PARTNERS-SUPPLIERS-OR-CONTENT-PROVIDERS-BE-LIABLE-UNDER-CONTRACT-TORT-STRICT-LIABILITY-NEGLIGENCE-OR-ANY-OTHER-LEGAL-OR-EQUITABLE-THEORY-WITH-RESPECT-TO-THE-SERVICES-FOR-ANY-LOST-PROFITS-DATA-LOSS-COST-OF-PROCUREMENT-OF-SUBSTITUTE-GOODS-OR-SERVICES-OR-SPECIAL-INDIRECT-INCIDENTAL-PUNITIVE-COMPENSATORY-OR-CONSEQUENTIAL-DAMAGES-OF-ANY-KIND-WHATSOEVER-SUBSTITUTE-GOODS-OR-SERVICES-HOWEVER-ARISING-FOR-ANY-BUGS-VIRUSES-TROJAN-HORSES-OR-THE-LIKE-REGARDLESS-OF-THE-SOURCE-OF-ORIGINATION-OR-FOR-ANY-DIRECT-DAMAGES-IN-EXCESS-OF-IN-THE-AGGREGATE-OF-FEES-PAID-TO-US-FOR-THE-PARTICULAR-SERVICES-DURING-THE-IMMEDIATELY-PREVIOUS-ONE-MONTH-PERIOD-EVEN-IF-Aplus Asia Enterprise HAD-BEEN-ADVISED-OF-KNEW-OR-SHOULD-HAVE-KNOWN-OF-THE-POSSIBILITY-THEREOF. SUBSCRIBER-ACKNOWLEDGES-THAT-THE-FEES-PAID-BY-HIM-OR-HER-REFLECT-THE-ALLOCATION-OF-RISK-SET-FORTH-IN-THIS-AGREEMENT-AND-THAT-Aplus Asia Enterprise WOULD-NOT-ENTER-INTO-THIS-AGREEMENT-WITHOUT-THESE-LIMITATIONS. SUBSCRIBER-HEREBY-WAIVES-ANY-AND-ALL-CLAIMS-AGAINST Aplus Asia Enterprise ARISING-OUT-OF-SUBSCRIBER’S-PURCHASE-OR-USE-OF-THE-SERVICES-OR-ANY-CONDUCT-OF Aplus Asia Enterprise’ DIRECTORS-OFFICERS-EMPLOYEES-AGENTS-OR-REPRESENTATIVES. YOUR-SOLE-AND-EXCLUSIVE-RIGHT-AND-REMEDY-IN-CASE-OF-DISSATISFACTION-WITH-THE-SERVICES-OR-ANY-OTHER-GRIEVANCE-SHALL-BE-YOUR-TERMINATION-AND-DISCONTINUATION-OF-ACCESS-TO-OR-USE-OF-THE-SERVICES. IN-ADDITION-YOU-AGREE-THAT Aplus Asia Enterprise IS-NOT-RESPONSIBLE-FOR-ANY-DATA-COMPILED-BY-OUR-SERVICES-AND-THAT Aplus Asia Enterprise WILL-NOT-BE-LIABLE-IN-ANY-MANNER-AS-A-RESULT-OF-YOUR-EXPOSURE-TO-ANY-DEFAMATORY-LIBELOUS-THREATENING-UNLAWFULLY-HARASSING-OBSCENE-OR-OTHERWISE-UNLAWFUL-CONTENT-OR-DATA. IN-NO-EVENT-SHALL Aplus Asia Enterprise OR-ANY-THIRD-PARTY-PROVIDER-OF-ANY-COMPONENT-OF-THE-SERVICES-OR-OF-ANY-INFORMATION-DELIVERED-AS-PART-OF-THE-SERVICES-BE-LIABLE-TO-YOU-AND-OR-ANY-PARTY-FOR-ANY-DAMAGES-OF-ANY-KIND-INCLUDING-BUT-NOT-LIMITED-TO-DIRECT-INDIRECT-SPECIAL-EXEMPLARY-PUNITIVE-CONSEQUENTIAL-OR-SIMILAR-DAMAGES-ARISING-OUT-OF-OR-RELATED-TO-THE-SERVICES-CONTENT-PRODUCTS-THE-USE-OR-INABILITY-TO-USE-THIS-WEBSITE-OR-ANY-LINKED-WEBSITE-INCLUDING-WITHOUT-LIMITATION-LOST-PROFITS-LOSS-OF-USE-BUSINESS-INTERRUPTION-OR-OTHER-ECONOMIC-LOSSES-LOSS-OF-PROGRAMS-OR-OTHER-DATA-WHETHER-IN-AN-ACTION-OF-CONTRACT-NEGLIGENCE-OR-OTHER-TORTIOUS-ACTION-EVEN-IF Aplus Asia Enterprise IS-ADVISED-OF-THE-POSSIBILITY-OF-SUCH-DAMAGES-INCLUDING-LIABILITY-ASSOCIATED-WITH-ANY-VIRUSES-WHICH-MAY-INFECT-YOUR-COMPUTER-EQUIPMENT. -SOME-JURISDICTIONS-LIMIT-OR-PROHIBIT-THE-FOREGOING-LIMITATIONS-AND-IN-SUCH-JURISDICTIONS-YOU-ARE-NOT-PERMITTED-TO-SIGN-UP-AND-USE-OUR-SERVICES
Subscriber is solely responsible for the preservation of Subscriber’s data which Subscriber saves onto its virtual server (the “Data”). If hardware failure and data loss occur, you are responsible for data restoration by providing your own backup copy of your data. Aplus Asia Enterprise shall not be liable for loss of data under any circumstance. EVEN-WITH-RESPECT-TO-DATA-AS-TO-WHICH-SUBSCRIBER-CONTRACTS-FOR-BACKUP-SERVICES-PROVIDED-BY Aplus Asia Enterprise TO-THE-EXTENT-PERMITTED-BY-APPLICABLE-LAW Aplus Enterprise SHALL-HAVE-NO-RESPONSIBILITY-TO-PRESERVE-DATA. Aplus Asia Enterprise SHALL-HAVE-NO-LIABILITY-FOR-ANY-DATA-THAT-MAY-BE-LOST-OR-UNRECOVERABLE-BY-REASON-OF-SUBSCRIBER’S-FAILURE-TO-BACKUP-IT'S-DATA-OR-FOR-ANY-OTHER-REASON. WE-DO-WEEKLY-BACKUPS-OF-ALL-VIRTUAL-SERVER-DATA-TO-OUR-OWN-BACKUP-VAULTS-FOR-OUR-OWN-DISASTER-RECOVERY-PURPOSES-HOWEVER-THESE-BACKUPS-ARE-NOT-GUARANTEED-TO-BE-AVAILABLE-OR-RECOVERABLE.
Aplus Asia Enterprise reserves the right, in our sole discretion, to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately, including but not limited to as a result of your violation of any of these Terms of Service or any law, or if you misuse system resources, such as, by employing programs that consume excessive network capacity, CPU cycles, or disk IO. Any such termination may result in the forfeiture and destruction of information associated with your Account. Aplus Asia Enterprise may provide prior notice of the intent to terminate Services to you if such notice will not, in Aplus Asia Enterprise’ discretion, run counter to the intents and purposes of these Terms of Service. Except as otherwise set forth hereunder, any and all fees paid hereunder are non-refundable and any and all fees owed to Aplus Asia Enterprise before such termination shall be immediately due and payable, including any liabilities that may have been incurred prior to termination such as Aplus Asia Enterprise’ costs for collection (including attorneys’ fees) of any such charges or other liabilities. Upon termination, any and all rights granted to Subscriber by this Agreement will immediately be terminated, and Subscriber shall promptly discontinue all use of the Services. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Any claim arising hereunder shall be construed in accordance with the substantive and procedural laws of the State of Missouri, without regard to principles of conflict of laws. Subject to Section 15 below, you agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and federal courts of St. Louis County, Missouri. Subscriber consents to service of process via email at the email address(es) provided by Subscriber, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
Mindful of the high cost of litigation, you and Aplus Asia Enterprise agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to (i) the Website; (ii) this Agreement; (iii) the Services; (iv) the breach, enforcement, interpretation, or validity of this Agreement; or (v) any other dispute between you and Aplus Asia Enterprise (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first-class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) if to Aplus Asia Enterprise Co, Ltd., Moo 2, 172/17, Najomtien, Sattahip, Chonburi, 20250 Thailand or (2) if to you at your last-used billing address or the billing and/or shipping address in your Account information. Both you and Aplus Asia Enterprise agree that this dispute resolution procedure is a condition precedent that must be satisfied prior to initiating any arbitration or filing any claim against the other party.
15.1 In the interest of resolving disputes between you and Aplus Asia Enterprise in the most expedient and cost-effective manner, you and Aplus Asia Enterprise agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, which may allow for more limited discovery than in court and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Aplus Asia Enterprise ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
15.2 Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
15.3 Any arbitration between you and Aplus Asia Enterprise will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer-Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Aplus Asia Enterprise.
15.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”). Aplus Asia Enterprise address for Notice is Aplus Asia Enterprise Co, Ltd., Moo 2, 172/17, Najomtien, Sattahip, Chonburi, 20250 Thailand. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or Aplus Asia Enterprise Co, Ltd. may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Aplus Asia Enterprise must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Aplus Asia Enterprise will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Aplus Asia Enterprise in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,000.
15.5 If you commence arbitration in accordance with these Terms, Aplus Asia Enterprise will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in St. Louis, Missouri, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Aplus Asia Enterprise for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
15.6 YOU AND Aplus Asia Enterprise AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Aplus Asia Enterprise agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
15.7 If Aplus Asia Enterprise makes any future change to this arbitration provision, other than a change to Aplus Asia Enterprise’ address for Notice, you may reject the change by sending us written notice within 30 days of the change to Aplus Asia Enterprise’ address for Notice, in which case your account with Aplus Asia Enterprise will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
15.8 If Section 15.6 is found to be unenforceable or if the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13 will govern any action arising out of or related to these Terms. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
16.1 Neither you nor Aplus Asia Enterprise shall be liable for nonperformance of the terms herein to the extent that either you or Aplus Asia Enterprise are prevented from performing as a result of any act or event which occurs and is beyond your or Aplus Asia Enterprise’ reasonable control, including, without limitation, acts of God, war, unrest or riot, strikes, any action of a governmental entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, Internet disturbance, or any unforeseen change in circumstances, or any other causes beyond either party’s reasonable control. The party experiencing the force majeure shall provide the other party with prompt written notice thereof and shall use reasonable efforts to remedy the effects of such force majeure.
16.2 You are granted a limited, non-exclusive right to create a hypertext link to the Website found at https://www.aplushosting.asia; provided such link does not portray Aplus Asia Enterprise and/or its affiliates or any of their respective products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Aplus Asia Enterprise trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page without Aplus Asia Enterprise’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Aplus Asia Enterprise or any third party.
16.3 The Website contains many of the valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials owned, registered and used by Aplus Asia Enterprise, Including but not limited to, the mark “AplusHosting” Aplus Enterprise and the Aplus Asia Enterprise product names referenced in the Website are either trademarks, service marks or registered trademarks of Aplus Asia Enterprise. Any unauthorized use of the same is strictly prohibited and all rights in the same are reserved by Aplus Asia Enterprise. No use of any Aplus Asia Enterprise trademark may be made by any third party without the express written consent of Aplus Asia Enterprise. Other products and company names mentioned in the Website may be the trademarks of their respective owners.
16.4 Elements of Aplus Asia Enterprise Website are protected by trade dress, trademark, unfair competition, and other laws and may not, unless otherwise permitted hereunder, be copied in whole or in part. No logo, graphic, or image from the Website may be copied or re-transmitted without Aplus Asia Enterprise express written permission. The images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website are the property of Aplus Asia Enterprise or its licensors and are protected by copyright, trademark and other laws. In addition to our rights in individual elements of the Website, Aplus Asia Enterprise owns the copyright or patent rights in the selection, coordination, arrangement and enhancement of any images, text, screens, web pages, materials, data, Content and other information used and displayed on the Website.
16.5 This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof and supersedes any prior or contemporaneous agreement between the parties relating to the Services. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be severed and the remaining provisions hereof shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically or, as set out above, your access and use of the Services will manifest your consent to this Agreement. These Terms of Service are personal to you, and are not assignable, transferable or sub-licensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. All references to “laws,” “rules,” or “regulations” references any and all applicable laws, rules and regulations, whether domestic or foreign. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to legal @ aplushosting.asia.
Aplus Asia Enterprise Co, Ltd., provides hosting to a large number of clients. We have a responsibility to protect each client and provide the best services. The following guidelines have been established to ensure this intent is met.
Aplus Asia Enterprise Co, Ltd. ("The Company") agrees to provide services to the Customer, subject to the following Acceptable Use Policy. From here within this AUP (Acceptable Use Policy), the usage of "us", "we", "our", "ours" shall constitute reference to Aplus Asia Enterprise Co, Ltd., the usage of "you", "your", "they", "them" shall refer to the customer of Aplus Asia Enterprise Co, Ltd.
Use of company services constitutes acceptance and agreement to the company's AUP as well as the company's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Aplus Asia Enterprise Co, Ltd. and Acceptable Use Policy. The AUP may be changed from time to time at the discretion of the Company.
You are responsible for any and all content in and under your site or account at all times. All services provided by Aplus Asia Enterprise Co, Ltd. 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 laws is prohibited.
Aplus Asia Enterprise Co, Ltd. is not responsible for any claims resulting from the use of our service. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are prohibited. This also includes, but is not limited to Adult sites, pirated software or media, hacker programs/archives, copyrighted MP3, Warez, other copyrighted material or material protected by trade secrets and other statutes.
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
We reserve the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner.
- processed lawfully, fairly and in a transparent manner in relation to individuals
- collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes
- adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed
- accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay
- kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals
- processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures
This policy applies to all personal data processed by AplusHosting.asia. The Responsible Person shall take responsibility for AplusHosting.asia ongoing compliance with this policy. This policy shall be reviewed at least annually. AplusHosting.asia shall register with the Information Commissioner’s Office as an organisation that processes personal data.
To ensure its processing of data is lawful, fair and transparent, AplusHosting.asia shall maintain a Register of Systems. The Register of Systems shall be reviewed at least annually. Individuals have the right to access their personal data and any such requests made to AplusHosting.asia shall be dealt with in a timely manner.
All data processed by AplusHosting.asia must be done on one of the following lawful bases: consent, contract, legal obligation, vital interests, public task or legitimate interests (see ICO guidance for more information).
AplusHosting.asia shall note the appropriate lawful basis in the Register of Systems. Where consent is relied upon as a lawful basis for processing data, evidence of opt-in consent shall be kept with the personal data. Where communications are sent to individuals based on their consent, the option for the individual to revoke their consent should be clearly available and systems should be in place to ensure such revocation is reflected accurately in AplusHosting.asia systems.
AplusHosting.asia shall ensure that personal data are adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
AplusHosting.asia shall take reasonable steps to ensure personal data is accurate. Where necessary for the lawful basis on which data is processed, steps shall be put in place to ensure that personal data is kept up to date.
To ensure that personal data is kept for no longer than necessary, AplusHosting.asia shall put in place an archiving policy for each area in which personal data is processed and review this process annually. The archiving policy shall consider what data should/must be retained, for how long, and why.
AplusHosting.asia shall ensure that personal data is stored securely using modern software that is kept-up-to-date. Access to personal data shall be limited to personnel who need access and appropriate security should be in place to avoid unauthorized sharing of information. When personal data is deleted this should be done safely such that the data is irrecoverable. Appropriate back-up and disaster recovery solutions shall be in place.
In the event of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data, AplusHosting.asia shall promptly assess the risk to people’s rights and freedoms and if appropriate report this breach to the ICO (more information on the ICO website).END OF POLICY