This document is intended to help protect our Clients and the Internet community from the inappropriate use of the Internet. Client's use of AppServe Technologies, LLC service constitutes acceptance of this entire document. AppServe Technologies, LLC reserves the right to revise and update this document from time to time. Client is responsible for keeping informed and aware of revisions or updates, and for abiding by the terms of this document. .

Terms of Service

Client's use of any service constitutes acceptance of this entire document. AppServe Technologies, LLC reserves the right to revise and update this document from time to time. Client is responsible for keeping informed and aware of revisions or updates, and for abiding by the terms of this document. .

Acceptable use of AST network-

1. AppServe Technologies, LLC services may only be used for lawful purposes, and Client shall bear the burden of establishing that such use complies with all applicable laws. The Client is responsible for all use of the account, with or without the knowledge or consent of the Client.
2. AppServe Technologies, LLC reserves the right to suspend or terminate any service at its sole discretion, with or without notice, to Client and/or any end-user of Client's services or facilities. This includes, but is not limited to, any Client who:
   
1. Violates the rules, regulations and policies applicable to any network, server, computer database, web site or newsgroup that Client or end-user accesses;
2. Sends, facilitates the sending of, or unsolicited bulk mail messages ("SPAM") to any person or system or sends mail-bombs (masses of e-mail or other data) to any person or system, propagates or replies to mail-bombs, or uses a AppServe Technologies, LLC website address or hosted web account to collect responses from unsolicited commercial e-mail;
3. Hosts, provides DNS, or email services for web sites advertised via unsolicited bulk mail messages ("SPAM");
4. Uses services in a manner which is intended to abuse or to violate the property rights of others, including, without limitation, activities which result in the distribution of viruses, worms, time bombs, Trojan horses, or other destructive activities;
5. Uses the services in a manner that infringes on the intellectual property rights of any third party or any rights of publicity or privacy;
6. Violates any law, statute, ordinance, or regulation (including without limitation the laws and regulations governing criminal activity, export control, unfair competition, anti-discrimination or false advertising);
7. Publishes or communicates material that is obscene, defamatory, trade libelous, unlawfully threatening or unlawfully harassing; Uses services to attempt to break security, or in fact, breaks security of any computer network, or to access an account without authorization;
8. Forges, removes, or modifies identifying network header information ("spoofing"), or employs any other methods in connection with the transmission of e-mail used to disguise or mislead any user name or the source or quantity of transmissions; except when using deliberately misleading headers in newsgroups to avoid spam e-mail address collectors.
9. Relays e-mail through any third-party systems without authority;
10. Uses services to conduct any other activities which Sprocket Networks determines are injurious to its Clients, operations, or reputation;
11. Provides false information on a AppServe Technologies, LLC service application, contract or on-line application, including, but not limited to, fraudulent credit card information;
12. Causes any disruption of another Client's services through any actions, past or present, taken by Client.
    
3. Client must immediately notify AppServe Technologies, LLC of any unauthorized use of an account, and/or any breach, or attempted breach, of security known to Client. Client is responsible for ensuring that its network resources are configured in a secure manner. Client may not, through action or inaction, allow others to use its resources for illegal or inappropriate activities. AppServe Technologies, LLC takes no responsibility for the security of the communications transmitted over Sprocket Networks facilities.
4. AppServe Technologies, LLC does not, and does not hereby assume any responsibility to, review or edit materials which Clients or its end-users publish or post on AppServe Technologies, LLC 's facilities or the Internet, and is not responsible for such content, posting or activity. Sprocket Networks is not responsible for the content of any other websites linked to AppServe Technologies, LLC 's or Client's services.
5. AppServe Technologies, LLC cooperates fully with federal and state enforcement officials. AppServe Technologies, LLC respects Client privacy rights and will not intentionally disclose Client's online communications or activities except to comply with court orders, subpoenas, statutes, regulations, or governmental requests; in order to protect AppServe Technologies, LLC or its Clients from harm; or where necessary for the operation of the system. AppServe Technologies, LLC may occasionally and randomly monitor online communications only for mechanical or quality control checks.
6. AppServe Technologies, LLC may, in its sole discretion, remove or disable Client materials or terminate services to Client with or without notice to Client, if Client's materials, postings or links allegedly infringe trademark, copyright or other intellectual property rights of third parties. Client acknowledges that services will be terminated immediately in the event permission/license to use a trademark or service mark as granted by a third party, (e.g. franchisor) is revoked. Sprocket Networks is not responsible for determining if the allegations of infringement are valid. In addition, AppServe Technologies, LLC may terminate services to Client, if Client violates this provision.
7. Clients who are Service Providers must follow the policies outlined above or stricter ones with regard to their end-users use of Services.
8. AppServe Technologies, LLC , in its sole discretion, will determine on a case-by-case basis what action will be taken in response to a violation of this AUP. AppServe Technologies, LLC reserves the right to investigate suspected or alleged violations of this AUP, including gathering information from Client, its end-user, the complaining party, and examining of material on AppServe Technologies, LLC 's network. Nothing contained in this policy shall be construed to limit AppServe Technologies, LLC 's actions or remedies in any manner. AppServe Technologies, LLC reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the AppServe Technologies, LLC service and levying cancellation charges to cover AppServe Technologies, LLC 's costs in the event of termination for the causes outlined above. AppServe Technologies, LLC reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
9. AppServe Technologies, LLC shall not be liable for any damages of any nature suffered by any Client or any third party resulting in whole or in part from AppServe Technologies, LLC 's exercise of its rights under theses policies. By using AppServe Technologies, LLC services, Client agrees to waive and hold harmless AppServe Technologies, LLC from any claims relating to any action taken by AppServe Technologies, LLC including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating services, or other appropriate action. This waiver applies to all violations described in this AUP.
10. Violations of this policy shall be reported by phone to the Sprocket Networks' Network Operations Center at 214.855.5020, or by email to support@appservetech.com.

Billing Practices-

• Payment is via major credit cards. In a few select cases AST will extend NET terms or accept wire transfers. If you have special needs, please contact sales@sprocketnetworks.com for assistance.
• Credit cards are billed when orders are placed.
• Unless Client requests otherwise, all services are provided on a month-to-month basis.
• 30-days notice is required for cancellation of any service and must be submitted via a Billing ticket at www.sprocketnetworks.com/support.htm.
• Monthly payment is due by the time stated on AppServe Technologies, LLC 's invoice.
  Taxes and third party charges will be stated separately on the invoice. All taxes, fees, and governmental charges shall be paid by Client.
• Inability to provide payment by the invoiced due date will result in service being suspended 72 hours after notice is emailed to Client. A $75 administration fee will also be assessed to the account. Suspended accounts will be terminated after 5 days. At that time, Dedicated Server and Shared Hosting accounts will have all data deleted.
• In the event Client equipment is not removed within thirty (30) days of the effective expiration date of any service, and/or the balance for the account is not paid in full, the equipment shall be deemed abandoned and Client shall lose all rights and title thereto. AppServe Technologies, LLC will then be granted all ownership rights to use or dispose of said equipment as it sees fit.
• Unless a contract is in place to the contrary, AppServe Technologies, LLC may increase prices upon 30 days prior written notice.

Miscellaneous-

• Client will comply with the rules appropriate to any network to which AppServe Technologies, LLC may provide access. Client should not post, transmit, or permit Internet access to information Client desires to keep confidential. Client is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against AppServe Technologies, LLC by offended users. AppServe Technologies, LLC reserves the right to refuse or terminate service at any time. Client will indemnify AppServe Technologies, LLC and hold AppServe Technologies, LLC harmless from any damage to AppServe Technologies, LLC 's business, service, equipment, network, operations, or reputation resulting from Client's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
• AppServe Technologies, LLC is not liable for any errors or interruption in service, whether within or outside of AppServe Technologies, LLC 's reasonable control. Service may be temporarily unavailable for scheduled maintenance, either by AppServe Technologies, LLC or by third-party providers, or because of other causes.
• AppServe Technologies, LLC will not be responsible for damages Client suffers, including but not limited to loss of data, delays, non-deliveries, mis-deliveries, or service interruptions caused by its own or Client's negligence, errors, or omissions.
• Client shall indemnify and hold harmless AppServe Technologies, LLC inclusive of their respective officers, contractors, employees and agents) from and against any and all claims, costs, expenses or liability rising out of Client's (inclusive of Client's officers, contractors, employee agents and invitees) collective or individual use, occupancy or operation of the AppServe Technologies, LLC 's services.
• Client understands that the Internet is not considered a "secure communications medium" and no expectation of privacy is afforded.
• Use of any information obtained via AppServe Technologies, LLC 's network is at Client's own risk.
• Courtesy reboots of Colocated and Dedicated Servers are provided free of charge during normal, non-holiday, business hours (Monday-Friday, 0800-1600 CST). Reboots outside of these hours may incur a $60 fee.
• IRC services are not allowed.
• AppServe Technologies, LLC reserves the right to amend, alter, or modify this document at any time in its sole and absolute discretion. Any amendment or modification is effective when posted and any use of the AppServe Technologies, LLC services after the posting of a modification or amendment will be considered acceptance of those modifications.
• The Client acknowledges understanding that the Internet is a world-wide community of networks and systems interconnected via a common transport mechanism. Furthermore, within each network and system therein may have its on specific terms of policy which are made up of laws, directives, rules, regulations, agreements, arrangements and policies for its use. It is up to the Client to research and abide by these terms before accessing, utilizing, or attempting to access or utilize networks or systems which do not belong, or are not owned by the undersigned. Violation of any term of policy from any network or system through the service we provide is grounds for immediate termination, without warning, of that service. No refund of any type will be issued for any account terminated for violation.
• Client agrees that the security of all services is solely Client's responsibility. Client further agrees that if security has been compromised in any way, Client will notify AppServe Technologies, LLC immediately in writing. Client shall be held fully responsible for any misuse or compromise of Client's services for which AppServe Technologies, LLC is not properly notified. Client agrees that if any security violations are believed to have occurred, AppServe Technologies, LLC has the right to suspend access to the server pending an investigation and resolution.

Limitation of Liability-

• No warranty is expressed or implied by AST for any Service or Product in any way. AST is not liable for any errors or interruption in service, whether within or outside of AST's reasonable control. Service may be temporarily unavailable for scheduled maintenance, either by AST or by third-party providers, or because of other causes.
• AST will not be responsible for damages Client suffers, including loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or Client's errors or omissions.
• Client shall indemnify and hold harmless AST inclusive of their respective officers, contractors, employees and agents) from and against any and all claims, costs, expenses or liability rising out of Client’s (inclusive of Client's officers, contractors, employee agents and invitees) collective or individual use, of any AST Product or Service.
• Client acknowledges that the Internet is a worldwide community of networks and systems interconnected via a common transport mechanism. Furthermore, within each network and system therein may have its own specific terms of policy which are made up of laws, directives, rules, regulations, agreements, arrangements and policies for its usage. It is Client’s responsibility to research and abide by these terms before accessing, utilizing, or attempting to access or utilize networks or systems that do not belong, or are not owned by Client. Violation of any term of policy from any network or system through the service AST provides is grounds for immediate termination, without warning, of service.
• Client is expected to be familiar with and to practice good Internet etiquette (Netiquette). Client will comply with the rules appropriate to any network to which AST may provide access. Client should not post, transmit, or permit Internet access to information Client desires to keep confidential. Client is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against AST by offended users.
• AST reserves the right to refuse or terminate service at any time. Client will indemnify AST and hold AST harmless from any damage to AST's business, service, equipment, network, operations, or reputation resulting from Client's actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.