This Acceptable Use Policy ("AUP") explains the rules and restrictions applicable to customers using services provided by Apex Hosting ("Apex Hosting", "we", "us" or "our").

This policy applies to all hosting services, servers, networks, storage, email services and other infrastructure provided by Apex Hosting.

This policy should be read together with our Terms of Service and any other policies applicable to the specific service purchased.

By using Apex Hosting services, the customer agrees to comply with this AUP.

1. Prohibited Sites and Activities

Apex Hosting services must not be used to host, store, transmit, distribute or facilitate content or activities that are illegal, abusive, malicious or otherwise prohibited under this AUP.

Prohibited activities include, but are not limited to:

• Pirated software, copyrighted material distributed without authorization, unlicensed files or other infringing content;
• Torrent download trackers or services primarily intended to facilitate unauthorized file sharing;
• Phishing pages, phishing campaigns or websites designed to obtain passwords, payment information or other sensitive information fraudulently;
• Malware, viruses, ransomware, trojans, worms or other malicious software;
• Malicious scripts, exploit frameworks or tools used to compromise or damage systems;
• Unsolicited commercial email, including spam or mass-mailing scripts operated without appropriate authorization;
• Content or activities that intentionally interfere with the operation or security of Apex Hosting systems or third-party systems;
• Fraudulent, deceptive or abusive activities; and
• Any activity that violates applicable laws or regulations.

2. Illegal Activities

Apex Hosting services may not be used for activities that violate applicable laws or regulations.

Customers are responsible for ensuring that their websites, applications, files, communications and other content comply with all applicable legal requirements.

Where Apex Hosting becomes aware of activity that appears to involve illegal conduct, we may take appropriate action, including suspension or termination of the affected service, subject to applicable law.

3. Malware, Phishing and Security Abuse

Customers must not use Apex Hosting infrastructure to distribute, operate or facilitate malicious software or security attacks.

This includes:

• Malware distribution;
• Phishing websites or campaigns;
• Credential harvesting;
• Malicious redirects;
• Botnet-related activity;
• Exploit delivery;
• Unauthorized access attempts;
• Brute-force attacks;
• Denial-of-service attacks;
• Malicious scanning of third-party systems; and
• Other activities intended to compromise, disrupt or gain unauthorized access to systems or networks.

Customers are responsible for securing applications, websites, accounts and software operated through their hosting services.

4. Spam and Email Abuse

Apex Hosting services must not be used to send unsolicited bulk or commercial email.

Customers must ensure that email communications comply with applicable laws, regulations and accepted industry practices.

The use of hosting resources for mass-mailing scripts, spam campaigns, purchased mailing lists or other abusive email practices is prohibited.

Apex Hosting may restrict or suspend email services where activity creates a significant risk to our network, mail infrastructure, reputation or other customers.

5. Copyright and Intellectual Property

Customers must not use Apex Hosting services to store, distribute or make available content that infringes the intellectual-property rights of another person or organization.

This includes unauthorized distribution of:

• Software;
• Movies and television content;
• Music;
• Books and publications;
• Games;
• Images;
• Databases;
• Website content; and
• Other copyrighted or protected material.

Customers are responsible for obtaining all necessary permissions, licences or rights for content hosted through their services.

6. Resource Usage

Apex Hosting services may operate on infrastructure where resources such as CPU, memory, storage, network bandwidth and disk I/O are shared between customers.

Customers must use resources reasonably and must not operate activities that materially interfere with the performance, stability or availability of services for other customers.

Activities that may be restricted or prohibited include:

• Cryptocurrency mining;
• Continuous high-load background processing;
• Public file-sharing mirrors;
• Large-scale automated scraping;
• Resource-intensive automated tasks;
• Processes that continuously consume excessive CPU or memory; and
• Any other activity that places an unreasonable or sustained load on shared infrastructure.

Apex Hosting may investigate unusual resource consumption and may request that the customer reduce or modify the affected activity.

7. Server and Network Security

Customers must not attempt to compromise, disrupt or interfere with the security or operation of Apex Hosting systems, networks or infrastructure.

Prohibited activities include:

• Unauthorized access attempts;
• Port scanning or vulnerability scanning of systems without authorization;
• Network attacks;
• Denial-of-service or distributed denial-of-service attacks;
• Exploitation of vulnerabilities;
• Circumvention of security controls;
• Unauthorized access to another customer's account or data; and
• Attempts to interfere with network availability or stability.

Customers must also take reasonable steps to prevent their services from being compromised and subsequently used for malicious activity.

8. Third-Party Abuse

Customers must not use Apex Hosting services to attack, harass, compromise or interfere with third-party systems, networks, websites or services.

This includes using Apex Hosting infrastructure to launch attacks against external organizations, distribute malicious traffic or conceal abusive activity.

Apex Hosting may respond to credible abuse reports involving customer services and may take reasonable measures to protect our infrastructure and other customers.

9. Website and Application Content

Customers are responsible for all content, software, applications and data hosted through their accounts.

Customers must ensure that websites and applications:

• Do not contain prohibited material;
• Do not facilitate illegal activity;
• Do not distribute malware or malicious code;
• Do not intentionally compromise third-party systems;
• Do not violate applicable intellectual-property rights; and
• Comply with applicable laws and regulations.

Apex Hosting does not generally monitor customer content proactively but may investigate or take action where we receive credible reports, detect security threats or otherwise become aware of activity that may violate this AUP.

10. Account Security

Customers are responsible for maintaining the security of their account credentials and services.

Customers should use strong passwords, keep software up to date and take reasonable precautions to prevent unauthorized access.

If a customer becomes aware that their account or hosting service has been compromised, they should notify Apex Hosting as soon as reasonably possible.

Apex Hosting may temporarily restrict an account where necessary to prevent further abuse, compromise or damage.

11. Abuse Reports

Apex Hosting may receive reports relating to alleged abuse, security incidents, copyright infringement, spam, malware or other prohibited activities.

Where appropriate, Apex Hosting may investigate the report and contact the affected customer for additional information or corrective action.

Customers are expected to cooperate reasonably with investigations involving their services.

Failure to address confirmed abusive activity may result in suspension or termination of the affected service.

12. Suspension and Termination

Apex Hosting may suspend, restrict or terminate a service where we reasonably believe that the service is being used in violation of this AUP, our Terms of Service or applicable law.

This may include circumstances involving:

• Illegal activity;
• Malware or phishing;
• Spam;
• Fraud;
• Security attacks;
• Copyright infringement;
• Excessive resource usage;
• Network abuse;
• Repeated abuse complaints; or
• Other serious or material policy violations.

Where necessary to protect our infrastructure, customers or third parties, suspension may occur without prior notice.

Where appropriate and reasonably possible, Apex Hosting may provide the customer with an opportunity to correct the violation.

13. No Refund Following Policy Violations

Where a service is suspended or terminated because of abuse, fraud, illegal activity, security concerns or a serious violation of this AUP or the applicable Terms of Service, Apex Hosting may decline a discretionary refund.

Nothing in this section is intended to remove or restrict any mandatory rights available to customers under applicable law.

14. Customer Responsibility

Customers are responsible for all activity conducted through their accounts and services, including activity performed by authorized users, employees, contractors or other persons given access to the customer's account.

Customers should take reasonable steps to prevent unauthorized use of their services.

A customer may be held responsible for activity originating from their account where they failed to take reasonable security measures or failed to address known abuse.

15. Cooperation with Legal and Security Requests

Apex Hosting may take reasonable steps to comply with valid legal requirements, court orders, regulatory requests or legitimate security investigations.

Where permitted by law, Apex Hosting may provide information or take action necessary to protect our infrastructure, customers or third parties.

Nothing in this AUP requires Apex Hosting to take action that would violate applicable law.

16. Enforcement

Apex Hosting will determine, acting reasonably, whether activity violates this AUP.

Depending on the circumstances, enforcement measures may include:

• Requesting removal or modification of prohibited content;
• Requesting corrective action;
• Restricting specific services or resources;
• Suspending network access;
• Suspending the affected account;
• Terminating the affected service; or
• Terminating the customer's account.

The seriousness, frequency and potential impact of the violation may be considered when determining the appropriate response.

17. Changes to This Policy

Apex Hosting may update this Acceptable Use Policy from time to time to reflect changes in our services, infrastructure, security requirements, applicable laws or business practices.

The latest version will be published on the Apex Hosting website.

Continued use of Apex Hosting services following an update constitutes acceptance of the revised policy, subject to any rights provided by applicable law.

18. Contact

For questions regarding this Acceptable Use Policy or to report suspected abuse, please contact:

Apex Hosting
South Africa
Website: www.apexhosting.co.za
Billing: billing@apexhosting.co.za
Support: support@apexhosting.co.za