**Introduction:**
Welcome to ApplyDreams, your trusted web hosting company committed to the privacy and security of your personal information. This Cookie Policy outlines how ApplyDreams ("we," "us," or "our") employs cookies and similar technologies on our website. Operating in the USA with servers worldwide, we adhere to privacy laws, including the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR) of the European Union, and the Personal Data Protection Act (PDPA) of Singapore.
**What Are Cookies?**
Cookies are small text files placed on your computer or mobile device when you visit a website. Widely used to enhance website functionality and user experience, cookies also collect information about your browsing activities.
**Purpose of this Cookie Policy:**
This Cookie Policy explains how we use cookies, the types we use, and the information collected through them. By using our website, you consent to the use of cookies as outlined in this policy.
**Types of Cookies We Use:**
1. **Necessary Cookies:**
- Essential for proper website functioning.
- Enables navigation, secure access, and language preferences.
- Does not gather personal information.
2. **Performance Cookies:**
- Collects anonymous information about website usage.
- Aids in understanding user interactions and page visits.
- Aggregated data, not identifying individuals.
3. **Functionality Cookies:**
- Remembers user choices and preferences.
- Enhances browsing experience with personalized features.
- Anonymized data, no tracking on other websites.
4. **Targeting and Advertising Cookies:**
- Delivers relevant ads based on user interests.
- Tracks browsing habits, may collect personally identifiable information (used by integrated third-party services).
5. **Third-Party Cookies:**
- Placed by third parties, not under our control.
- Refer to respective third parties' cookie policies for details.
**Cookie Consent and Management:**
1. **Cookie Consent:**
- A cookie banner appears on your first visit, requesting consent.
- By clicking "Accept" or continuing without modifying browser settings, you consent to cookie use.
2. **Managing Cookies:**
- Most web browsers allow managing cookie preferences.
- Configuring settings to accept, reject, or delete cookies is possible.
- Note: Blocking or deleting cookies may impact website functionality and user experience.
**Data Protection and Privacy:**
1. **Data Collection and Usage:**
- Respecting privacy, we handle personal information as per our Privacy Policy.
- Cookies used do not collect personally identifiable information unless explicitly provided by you.
2. **Data Transfers:**
- As an international company, we may transfer personal data collected through cookies to countries outside your residence.
- Such transfers are necessary for website operation and service provision, with your consent by using our website.
**What Personal Data Is Collected?**
1. **Types of Personal Data Collected:**
- Information Provided by You (voluntarily provided):
- Name
- Email address
- Phone number
- Company name
- Job title
- Any other information in communications with us
- Automatically Collected Information:
- IP address
- Browser type and version
- Device type
- Operating system
- Referring website
- Pages visited, date and time of visit, clickstream data, and other browsing activities.
2. **Purpose of Personal Data Collection:**
- Website functionality and performance improvement.
- Communication, marketing, and providing information about products and services.
- Legal and regulatory compliance.
3. **Lawful Basis for Processing Personal Data:**
- Consent (where required)
- Necessity for the performance of a contract
- Compliance with legal obligations
- Legitimate interests, such as improving services and conducting marketing activities.
**Data Retention:**
- Personal data collected through cookies is retained for the duration necessary to fulfill outlined purposes unless a longer retention period is required or permitted by law.
**Data Sharing and International Transfers:**
- We may share personal data collected through cookies with trusted third-party service providers.
- Service providers are contractually bound to process data on our behalf and in line with our instructions.
**ApplyDreams Cookie Policy**
**Disclosure of Personal Data:**
In specific circumstances, ApplyDreams may disclose personal data if required by law or to safeguard our legal rights. Please note that personal data collected through cookies may be transferred to and processed in countries beyond your own, including those outside the European Economic Area (EEA). When such transfers occur, we implement appropriate safeguards in line with applicable data protection laws.
**Your Rights and Choices:**
As a data subject, you hold certain rights regarding the personal data we retain. These rights encompass access, correction, updating, deletion, or restricting the processing of your personal data. Additionally, you may have the right to object to processing or withdraw consent where applicable. To exercise your rights or make related requests, please contact us using the information provided in our Privacy Policy.
**Use of Information:**
1. **Enhancing Website Functionality and Performance:**
- Ensure proper website operation: Cookies facilitate essential features like secure login and language preferences, delivering a seamless browsing experience.
- Optimize website performance: Analysis of cookie data helps us understand user behavior, enhancing our website's performance and overall functionality.
2. **Personalization and Communication:**
- Remembering your preferences: Cookies enable us to remember your language selection, region, or customization options, enhancing user experience.
- Communication and engagement: Collected information may be used to communicate with you, respond to inquiries, and provide information about our products and services.
3. **Analytics and Research:**
- Website analytics: Aggregated data from cookies helps us measure the effectiveness of marketing efforts, optimize services, and improve the overall user experience.
- Research and development: Cookie data aids in research and development activities to enhance products, services, and technologies.
4. **Legal Compliance and Security:**
- Compliance with legal obligations: Information collected through cookies assists in fulfilling legal obligations and responding to lawful requests.
- Security and fraud prevention: Measures are in place to protect against unauthorized access, misuse, or fraudulent activities, utilizing cookie data to monitor and detect potential risks.
**Sharing of Information:**
1. **Trusted Third-Party Service Providers:**
- Information collected through cookies may be shared with trusted third-party service providers. They process personal information on our behalf, adhering to our instructions.
2. **Legal Requirements and Protection of Rights:**
- Your information, including data from cookies, may be disclosed if required by law or to protect the rights, property, or safety of ApplyDreams, our users, or others.
3. **Third-Party Services and Analytics:**
- Certain third-party services and analytics tools integrated into our website may use cookies for their purposes. While we prioritize privacy, we recommend reviewing their privacy policies for more information on data practices.
**Rights of Data Owners:**
1. **Right to Access and Transparency:**
- Request information about personal data held, its processing purposes, and third parties with whom data is shared.
- Obtain a copy of personal data in a machine-readable format upon request.
2. **Right to Rectification and Update:**
- Request correction of inaccurate or incomplete personal data held.
3. **Right to Erasure (Right to be Forgotten):**
- Request the deletion or removal of personal information under certain circumstances.
4. **Right to Restrict Processing:**
- Request the restriction of processing in specific situations.
5. **Right to Data Portability:**
- Receive personal data provided to us in a machine-readable format and request its transmission to another data controller.
6. **Right to Object:**
- Object to processing based on legitimate interests or for direct marketing purposes.
7. **Right to Withdraw Consent:**
- Withdraw consent, if processing relies on your consent.
**Exercising Your Rights and Contacting Us:**
To exercise your rights or make requests related to personal data collected through cookies, contact us using the information provided in our Privacy Policy. Note: Certain rights may have exceptions or limitations under applicable laws, and we will inform you accordingly. In some cases, we may withhold access to information as permitted by applicable data protection legislation.
**Specific Cookies Used on ApplyDreams Website:**
*ApplyDreams Website:*
- **slaask-token-spk-xxx-xxx-xxx-xxx-xxx:** Used by our chat support software for proper chat system functioning.
*ApplyDreams Customer Area:*
- **WHMCSxxxxxxxxx:** Session cookie for customer area login.
- **_GRECAPTCHA:** Cookie for Google Recaptcha anti-robot system.
- **slaask-token-spk-xxx-xxx-xxx-xxx-xxx:** Used by chat support software for proper chat system functioning.
- **stripe_mid:** Cookie used by payment processor Stripe for credit card anti-fraud analysis.
**Introduction:**
Welcome to ApplyDreams, your trusted web hosting company committed to the privacy and security of your personal information. This Cookie Policy outlines how ApplyDreams ("we," "us," or "our") employs cookies and similar technologies on our website. Operating in the USA with servers worldwide, we adhere to privacy laws, including the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR) of the European Union, and the Personal Data Protection Act (PDPA) of Singapore.
**What Are Cookies?**
Cookies are small text files placed on your computer or mobile device when you visit a website. Widely used to enhance website functionality and user experience, cookies also collect information about your browsing activities.
**Purpose of this Cookie Policy:**
This Cookie Policy explains how we use cookies, the types we use, and the information collected through them. By using our website, you consent to the use of cookies as outlined in this policy.
**Types of Cookies We Use:**
1. **Necessary Cookies:**
- Essential for proper website functioning.
- Enables navigation, secure access, and language preferences.
- Does not gather personal information.
2. **Performance Cookies:**
- Collects anonymous information about website usage.
- Aids in understanding user interactions and page visits.
- Aggregated data, not identifying individuals.
3. **Functionality Cookies:**
- Remembers user choices and preferences.
- Enhances browsing experience with personalized features.
- Anonymized data, no tracking on other websites.
4. **Targeting and Advertising Cookies:**
- Delivers relevant ads based on user interests.
- Tracks browsing habits, may collect personally identifiable information (used by integrated third-party services).
5. **Third-Party Cookies:**
- Placed by third parties, not under our control.
- Refer to respective third parties' cookie policies for details.
**Cookie Consent and Management:**
1. **Cookie Consent:**
- A cookie banner appears on your first visit, requesting consent.
- By clicking "Accept" or continuing without modifying browser settings, you consent to cookie use.
2. **Managing Cookies:**
- Most web browsers allow managing cookie preferences.
- Configuring settings to accept, reject, or delete cookies is possible.
- Note: Blocking or deleting cookies may impact website functionality and user experience.
**Data Protection and Privacy:**
1. **Data Collection and Usage:**
- Respecting privacy, we handle personal information as per our Privacy Policy.
- Cookies used do not collect personally identifiable information unless explicitly provided by you.
2. **Data Transfers:**
- As an international company, we may transfer personal data collected through cookies to countries outside your residence.
- Such transfers are necessary for website operation and service provision, with your consent by using our website.
**What Personal Data Is Collected?**
1. **Types of Personal Data Collected:**
- Information Provided by You (voluntarily provided):
- Name
- Email address
- Phone number
- Company name
- Job title
- Any other information in communications with us
- Automatically Collected Information:
- IP address
- Browser type and version
- Device type
- Operating system
- Referring website
- Pages visited, date and time of visit, clickstream data, and other browsing activities.
2. **Purpose of Personal Data Collection:**
- Website functionality and performance improvement.
- Communication, marketing, and providing information about products and services.
- Legal and regulatory compliance.
3. **Lawful Basis for Processing Personal Data:**
- Consent (where required)
- Necessity for the performance of a contract
- Compliance with legal obligations
- Legitimate interests, such as improving services and conducting marketing activities.
**Data Retention:**
- Personal data collected through cookies is retained for the duration necessary to fulfill outlined purposes unless a longer retention period is required or permitted by law.
**Data Sharing and International Transfers:**
- We may share personal data collected through cookies with trusted third-party service providers.
- Service providers are contractually bound to process data on our behalf and in line with our instructions.
**ApplyDreams Cookie Policy**
**Disclosure of Personal Data:**
In specific circumstances, ApplyDreams may disclose personal data if required by law or to safeguard our legal rights. Please note that personal data collected through cookies may be transferred to and processed in countries beyond your own, including those outside the European Economic Area (EEA). When such transfers occur, we implement appropriate safeguards in line with applicable data protection laws.
**Your Rights and Choices:**
As a data subject, you hold certain rights regarding the personal data we retain. These rights encompass access, correction, updating, deletion, or restricting the processing of your personal data. Additionally, you may have the right to object to processing or withdraw consent where applicable. To exercise your rights or make related requests, please contact us using the information provided in our Privacy Policy.
**Use of Information:**
1. **Enhancing Website Functionality and Performance:**
- Ensure proper website operation: Cookies facilitate essential features like secure login and language preferences, delivering a seamless browsing experience.
- Optimize website performance: Analysis of cookie data helps us understand user behavior, enhancing our website's performance and overall functionality.
2. **Personalization and Communication:**
- Remembering your preferences: Cookies enable us to remember your language selection, region, or customization options, enhancing user experience.
- Communication and engagement: Collected information may be used to communicate with you, respond to inquiries, and provide information about our products and services.
3. **Analytics and Research:**
- Website analytics: Aggregated data from cookies helps us measure the effectiveness of marketing efforts, optimize services, and improve the overall user experience.
- Research and development: Cookie data aids in research and development activities to enhance products, services, and technologies.
4. **Legal Compliance and Security:**
- Compliance with legal obligations: Information collected through cookies assists in fulfilling legal obligations and responding to lawful requests.
- Security and fraud prevention: Measures are in place to protect against unauthorized access, misuse, or fraudulent activities, utilizing cookie data to monitor and detect potential risks.
**Sharing of Information:**
1. **Trusted Third-Party Service Providers:**
- Information collected through cookies may be shared with trusted third-party service providers. They process personal information on our behalf, adhering to our instructions.
2. **Legal Requirements and Protection of Rights:**
- Your information, including data from cookies, may be disclosed if required by law or to protect the rights, property, or safety of ApplyDreams, our users, or others.
3. **Third-Party Services and Analytics:**
- Certain third-party services and analytics tools integrated into our website may use cookies for their purposes. While we prioritize privacy, we recommend reviewing their privacy policies for more information on data practices.
**Rights of Data Owners:**
1. **Right to Access and Transparency:**
- Request information about personal data held, its processing purposes, and third parties with whom data is shared.
- Obtain a copy of personal data in a machine-readable format upon request.
2. **Right to Rectification and Update:**
- Request correction of inaccurate or incomplete personal data held.
3. **Right to Erasure (Right to be Forgotten):**
- Request the deletion or removal of personal information under certain circumstances.
4. **Right to Restrict Processing:**
- Request the restriction of processing in specific situations.
5. **Right to Data Portability:**
- Receive personal data provided to us in a machine-readable format and request its transmission to another data controller.
6. **Right to Object:**
- Object to processing based on legitimate interests or for direct marketing purposes.
7. **Right to Withdraw Consent:**
- Withdraw consent, if processing relies on your consent.
**Exercising Your Rights and Contacting Us:**
To exercise your rights or make requests related to personal data collected through cookies, contact us using the information provided in our Privacy Policy. Note: Certain rights may have exceptions or limitations under applicable laws, and we will inform you accordingly. In some cases, we may withhold access to information as permitted by applicable data protection legislation.
**Specific Cookies Used on ApplyDreams Website:**
*ApplyDreams Website:*
- **slaask-token-spk-xxx-xxx-xxx-xxx-xxx:** Used by our chat support software for proper chat system functioning.
*ApplyDreams Customer Area:*
- **WHMCSxxxxxxxxx:** Session cookie for customer area login.
- **_GRECAPTCHA:** Cookie for Google Recaptcha anti-robot system.
- **slaask-token-spk-xxx-xxx-xxx-xxx-xxx:** Used by chat support software for proper chat system functioning.
- **stripe_mid:** Cookie used by payment processor Stripe for credit card anti-fraud analysis.
All privacy policy rights are reserved to ApplyDreams, and ApplyDreams has the authority to suspend any account violating the following clauses of the agreement. By accepting this agreement, you are obligated to adhere to the terms and policies of ApplyDreams.
**PRIVACY POLICY OVERVIEW**
The Privacy Policy outlines how ApplyDreams collects, uses, and discloses personal information provided to us when using our ApplyDreams website or services. ApplyDreams adheres to applicable privacy laws, including the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR) of the European Union, and the Personal Data Protection Act (PDPA) of Singapore.
**APPLICABILITY**
This Privacy Policy applies to ApplyDreams' collection, use, and disclosure of personal information in connection with ApplyDreams services, including ApplyDreams' website, applications, and other content. By using ApplyDreams services, you consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy.
This Privacy Policy applies solely to ApplyDreams services and does not extend to any third-party websites, applications, or services, even if linked to or from ApplyDreams services. ApplyDreams is not responsible for the privacy practices of such third parties, and users are encouraged to review their privacy policies.
ApplyDreams services are intended for individuals aged 18 years or older. ApplyDreams does not knowingly collect personal information from children under 18. If such information is inadvertently collected, ApplyDreams will take reasonable steps to delete it.
If you are outside the United States, you acknowledge that your personal information may be transferred to and processed in the United States or other countries where ApplyDreams or its third-party service providers operate.
For questions or concerns about this Privacy Policy, contact ApplyDreams at the provided contact information. Continued use of services after notification constitutes acceptance of the updated Privacy Policy.
**MODIFICATION OF AGREEMENT**
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ApplyDreams reserves the right to modify this privacy policy at any time, with changes effective upon posting on the ApplyDreams website. Continued use after changes indicates acceptance. Users are encouraged to periodically review this policy for updates, and ApplyDreams may notify users of changes via email.
ApplyDreams is not responsible if notification emails are not received due to incorrect email addresses. Users are advised to keep account information updated. ApplyDreams reserves the right to terminate services for any violation of the agreement.
**ELIGIBILITY AUTHORITY**
Services are available only to users with the legal right to enter into the agreement. To use ApplyDreams web hosting services, users must be at least 18 years old and have the legal capacity to enter into a binding agreement. Users accessing services on behalf of a business entity must have the authority to bind that entity to this privacy policy.
ApplyDreams may refuse service to anyone at any time for any reason. Users entering into the agreement on behalf of a corporate entity must have the legal authority to bind that entity to the terms and conditions.
ApplyDreams is not liable for losses resulting from reliance on instructions believed to be genuine and originating from an authorized representative of a corporate entity. Verification may be required in cases of doubt.
**INFORMATION APPLYDREAMS COLLECTS**
ApplyDreams may collect personal information, including name, email, address, phone number, and billing information, for service provision. Non-personal information such as IP address and browser type may also be collected. Data hosted on servers is restricted from access by employees or third-party vendors.
Personal information may also be obtained from third-party sources for processing and security purposes. Users agree to the collection and processing of information as outlined in this Privacy Policy. Users are responsible for any content posted through their account.
**USE OF COLLECTED INFORMATION**
ApplyDreams may use personal information to provide services, process payments, communicate, and improve its website and services. Information may also be used for marketing and promotional purposes, and to send offers or communications.
Information may be processed to administer contractual relationships, set up requested services, process payments, and renewals. Disclosure to third-party service providers may occur for service provision. Legal authorities may receive information when required by law or to protect ApplyDreams' legal rights.
**COOKIES AND TRACKING TECHNOLOGIES - ApplyDreams Hosting:**
ApplyDreams may utilize cookies and other tracking technologies to gather non-personal information, such as your IP address, browser type, and pages visited on our ApplyDreams website. Cookies, small text files placed on your computer, are employed by ApplyDreams to enrich your browsing experience, comprehend how our ApplyDreams website is used, and offer personalized content and advertising.
**YOUR RIGHTS**
Under privacy laws, including but not limited to CCPA, GDPR, and PDPA, you possess certain rights concerning your personal information. These rights encompass access to your personal information, the right to correction or updating, the right to request deletion (subject to exceptions), the right to object to processing, and the right to withdraw consent.
To exercise these rights, contact us at info@applydreams.com. ApplyDreams will respond within 45 days.
**DATA PROTECTION POLICY**
ApplyDreams provides a diverse array of hosting services that may involve the submission, collection, and use of personal identity, information about you, and details regarding your business. Under the Data Processing Agreement (DPA) and the Standard Contractual Clauses, you are considered the Data Controller. Your acknowledgment at the time of acquiring Covered Services will be treated as confirmation of the DPA and its supplements.
**DATA PROTECTION LAWS**
ApplyDreams complies with relevant data protection laws, including GDPR, CCPA, PDPA, and the Indian Information Technology Act, 2000.
**INTERNATIONAL DATA TRANSFER**
As a global web hosting company, ApplyDreams may need to transfer personal data to servers in other countries. Such transfers will adhere to applicable data protection laws. If you are in the EU or EEA, ApplyDreams ensures compliance with GDPR through standard contractual clauses or other safeguards.
By using ApplyDreams services, you consent to the described personal data transfer. For questions, contact us using the information at the end of this privacy policy.
**SECURITY MEASURES**
ApplyDreams prioritizes the security and privacy of your data, implementing measures such as SSL encryption, firewalls, intrusion detection, regular updates, and access controls. Access to personal information is restricted to authorized personnel, contractors, and third-party providers bound by confidentiality obligations. While ApplyDreams strives for security, absolute security cannot be guaranteed.
**USER CONTENT**
ApplyDreams services enable you to upload, publish, and share User Content. You retain ownership, and ApplyDreams is granted a license to use, modify, and distribute User Content for service-related purposes. You represent having the necessary rights and acknowledge ApplyDreams may access, preserve, and disclose account information and User Content as required by law or to protect rights.
**MONITORING OF CONTENT**
ApplyDreams may monitor service usage for security, fraud prevention, customer support, and service improvement. This involves collecting information about your interactions and usage, with IP address, browser type, and location data among the data collected.
**LIQUIDATED POLICY**
In case of a breach, you agree that ApplyDreams may seek liquidated damages of $1.00 per violation, aside from other available remedies. These liquidated damages serve as a reasonable estimate of harm, not a penalty, and are payable upon ApplyDreams' demand, without needing proof of actual damages. This right is in addition to other available remedies, and failure to enforce a provision does not waive ApplyDreams' right to enforce it in the future.
Welcome to ApplyDreams Hosting! Please carefully review the following terms and policies, as they contain crucial information regarding your legal rights and remedies.
**OVERVIEW:**
This agreement ("Agreement") is entered into between ApplyDreams and [Your Company Name] (referred to as "you" or "your company") upon your acceptance of the terms and conditions. It becomes effective when you sign the E-agreement and commence using our services. The Agreement outlines the general terms and conditions applicable to the sites, products, and services obtained, used, or accessed through our site. Additional services may have separate agreements and policies, which will take precedence over the general Agreement in such cases.
References to "we," "us," or "our" pertain to ApplyDreams, while "you," "your," "user," "client," or "customer" refers to any individual or entity accepting this service agreement and using ApplyDreams services. This Agreement is valid during the period in which the client utilizes our services and does not negate any third-party rights or benefits.
ApplyDreams reserves the right to modify, update, or terminate any aspect of our site or services, including pricing and fees, at any time.
**1. ELIGIBILITY; AUTHORITY:**
This Site and the Services are accessible to users capable of forming legally binding contracts under applicable law. By using this Site or the Services, you affirm that you are:
- At least eighteen (18) years of age,
- Legally able to form binding contracts under applicable law, and
- Not barred from purchasing or receiving services under the laws of the United States of America or another relevant jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you must have the legal authority to bind it to the terms herein. If later found unauthorized, you assume personal responsibility for the obligations outlined in this Agreement.
**2. ACCOUNTS; DATA TRANSFER ABROAD:**
To utilize the features of this Site or certain Services, you must create an Account. You confirm that all information provided during Account creation is accurate, current, and complete. Any false, erroneous, outdated, or incomplete Account information may result in suspension or termination by ApplyDreams. You are responsible for all activities on your Account and must promptly report any security breaches or unauthorized usage.
If you access this Site from a country other than the one in which our servers are located, you consent to the transfer of information, including your Account details, across international boundaries.
**3. FINANCIAL ARRANGEMENTS:**
The customer agrees to a thirty (30) day contract minimum from the start of service, with the exact duration decided upon signup. All charges and fees associated with an account are the customer's responsibility.
**AUTOMATIC RENEWAL:**
Contracts will automatically renew at the then-current rate unless canceled. You may cancel services to prevent automatic renewal, and such cancellations must occur before the renewal date.
For the full details on financial arrangements, please refer to our Refund Policy.
Violations of ApplyDreams' Terms may result in immediate disablement without refund. ApplyDreams reserves the right to modify service plans, fees, and charges at any time, providing notice to the customer.
By using ApplyDreams services, you agree to pay all associated fees and charges. Non-payment may result in suspension or termination of access.
Please review our Refund Policy for further details.
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Thank you for choosing ApplyDreams Hosting! If you have any questions or concerns, feel free to contact our support team.
Certainly! Here's a revised version tailored for ApplyDreams, your web hosting company:
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**4. GENERAL RULES OF CONDUCT:**
By utilizing ApplyDreams services, you acknowledge and agree to adhere to the following rules:
- You shall use this Site and the Services, including any content you submit, in compliance with this Agreement, any applicable Services Agreement, or policy related to your Services, and all relevant local, state, national, and international laws, rules, and regulations.
- You will not gather or store any User Content or any non-public or personally identifiable information about another User or any other individual or entity without their express prior written consent.
- You shall not use this Site or the Services in a manner that:
- Is unlawful or promotes or encourages criminal behavior.
- Promotes, supports, or engages in the exploitation of children or any activity related to the proliferation of child sexual abuse material.
- Promotes, encourages, or engages in terrorism, violence against individuals, animals, or property.
- Involves the promotion, encouragement, or engagement in any explicit content or nudity or solicitation of sexual activities (e.g., escort services with listed offerings).
- Encourages or participates in spam, unsolicited mass email, or computer or network hacking or cracking.
- Promotes, encourages, or engages in any Marijuana/CBD sales or products that contain THC.
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages, or participates in the sale or distribution of prescription medicine without a valid prescription.
- Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or encourages prostitution and sex trafficking.
- Infringes on the intellectual property rights of another User or any other individual or entity.
- Promotes gambling, casinos, gaming, sports betting, daily fantasy sports, lottery, or chain letters, regardless of content or origin and regardless of your citizenship or the legality of such activities within your country or jurisdiction.
- Violates the privacy or publicity rights of another User or any other individual or entity or breaches any duty of confidentiality owed to another User or any other individual or entity.
- Interferes with the operation of this Site or the Services found at this Site.
- Contains or introduces any viruses, worms, bugs, Trojan horses, or other code, files, or programs designed to, or capable of, disrupting, damaging, or limiting the use of any software or hardware.
- Contains false or misleading language, or unverified or exaggerated claims, regarding ApplyDreams or ApplyDreams Services.
- Hosts, publishes, or otherwise makes available any material that promotes or supports any illegal or banned organization, including but not limited to terrorist organizations or hate groups. This includes propaganda, literature, or other materials expressing support for such organizations or promoting their activities. Any violation of this clause may result in immediate termination of the customer's account, and ApplyDreams reserves the right to take legal action as necessary. The company will fully cooperate with law enforcement agencies in investigating any illegal activity related to its services.
- Hosts, distributes, possesses, or accesses any form of pornography, including child pornography, through its services. Customers who violate this policy will have their accounts terminated immediately, and ApplyDreams reserves the right to take legal action as necessary. Customers who become aware of any illegal activity involving the company's services, including child pornography, must report it to the company immediately.
- Failure to adhere to ApplyDreams’ zero-tolerance approach to pornography, especially child pornography, is considered a serious violation of its policies and the law. Any customer engaged in such behavior will be permanently banned from using the company's services, and the company will fully cooperate with law enforcement agencies to bring the perpetrator to justice. The company encourages all customers to act responsibly and ethically in their use of the services, and to help maintain a safe and secure environment for all users.
- You shall not engage in any activity, whether in person or online, that intentionally defames, discredits, or otherwise maligns the public image or reputation of the company. This includes making false or misleading statements about the company, its products or services, its employees, or its business practices. Any such behavior may result in suspension of the account on an immediate and permanent basis.
- Customers are prohibited on our Shared / VPS / VDS plans from using or allowing the Services to be used for any intrusive activity or any intrusion attempts (including, but not limited to port scans, sniffing, spoofing), cryptocurrency mining, video game bots, etc.
- You do not have the right to copy or distribute the data or any part of the site unless authorized by ApplyDreams.
- You do not have the right to modify or change any part of the site or the service or any of the belongings.
- You shall not access ApplyDreams Content or User Content through any technology or method other than through this Site itself, or as ApplyDreams may designate.
- You shall not trade or offer the Services for a commercial purpose, including any of ApplyDreams associated technologies, without ApplyDreams express prior written consent.
- You shall not evade, disable, or otherwise interfere with the security-related features of the Site or Services found at this Site or enforce limitations on the use of this Site or the Services found at it, the ApplyDreams Content, or the User Content in that.
- You agree to provide official photo identification and/or official business ID as required for verification of identity when requested.
- ApplyDreams may call you about your account. For all such calls, you may be subject to recording, and you agree to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where applicable, to record the entirety of such calls whether or not ApplyDreams asks you on a specific call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which ApplyDreams is a party. Further, by providing your telephone or mobile number, you consent to receive marketing calls from or on behalf of ApplyDreams that may be initiated by an automatic telephone dialing system and/or use an artificial or pre-recorded voice. You understand that providing consent is not a condition of purchasing any product or service from ApplyDreams. Additionally, by providing your mobile number, you consent to receive marketing text messages from or on behalf of ApplyDreams that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any product or service from ApplyDreams. Message and data rates may apply.
- Without limiting any of the rights set forth elsewhere in this Agreement
, ApplyDreams expressly reserves the right to deny, cancel, terminate, suspend, or restrict future access of this Site or any Services of it to any User whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any ApplyDreams policy, or who otherwise engages or has engaged in inappropriate or unlawful activity while using the Site or Services as determined by the sole discretion of ApplyDreams.
**5. AVAILABILITY OF SERVICE:**
As per the conditions outlined in this Agreement and our various policies and procedures, ApplyDreams is committed to providing reasonable commercial service to attempt to make this Site and the Services available to our customers 24/7 a week. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable in any way whatsoever, including, but not limited to, equipment malfunctions; periodic maintenance, repairs, or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, malicious network attacks, network congestion, or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party in connection with it.
**6. CREDITED PRODUCT:**
In the event that you are provided a product on Credit, whether for redemption of the purchase of a specific product or as a bonus with the purchase of another product ("Purchased Product"), you acknowledge and agree that such Credit is only valid for 1 year and is only available with a valid purchase and may be terminated in the event the purchased product is deleted, canceled, transferred, or not renewed. The Credit will expire 1 year from the date of purchase of the Purchased Product if the Credit has not been redeemed. If the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until canceled. If you wish to decline the automatic renewal of the item, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the cost of the domain name listed on ApplyDreams' website and is not subject to any promotion, discount, or other reductions in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may exchange your Credit for a similar product, in our sole discretion.
**7. BETA SERVICES:**
Occasionally, ApplyDreams may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services, or limited preview services will be referred to, respectively and collectively, as "Beta Services". If you choose to use any Beta Services, then your use of the Beta Services is subject to the following terms and conditions:
- You acknowledge and agree that the Beta Services are pre-release versions and may not function properly.
- You accept and agree that your use of the Beta Services may expose you to unusual risks of operational failures.
- The Beta Services are provided without any warranties, and we do not recommend using them in production or in critical situations.
- ApplyDreams reserves the right to modify, change, or discontinue any aspect of the Beta Services.
- Commercially released versions of the Beta Services may differ significantly, and features, functionality, or operation with the Beta Services may not work with commercially released versions or subsequent releases.
- ApplyDreams may limit the availability of customer support and support time dedicated to the assistance of the Beta Services.
- You acknowledge and agree to provide prompt feedback regarding your experience with the Beta Services in a form reasonably requested by us, including information necessary to enable us to replicate errors or issues you encounter.
- You acknowledge and agree that ApplyDreams may track your browsing behavior, links clicked, items purchased, your device type, and collect other data, including analytics, about how you use and interact with our Beta Services.
- You acknowledge and agree that all information regarding your use of the Beta Services, including your experience with and opinions of the Beta Services, is confidential and may not be disclosed to a third party or used for any purpose other than providing feedback to ApplyDreams.
- The Beta Services are provided "as is", "as available", and "with all faults".
- You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request, you will provide us with comments that we may use publicly for press materials and marketing collateral. Any intellectual property inherent in your feedback or arising from your use of the Beta Services will be owned exclusively by ApplyDreams. To the extent permitted by law, ApplyDreams disclaims all warranties, statutory, express, or implied, regarding the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
**8. FEES AND PAYMENTS:**
You agree that your Payment Method may be charged by one of our affiliated entities based on your purchase. In the case of your purchase, where your payment was identified as being processed in the United States, your transaction will be handled by ApplyDreams.com, Inc. If your payment was identified as being processed in the United Kingdom, your transaction will be processed by ApplyDreams Europe, Ltd. If your payment was identified as being processed in India, your transaction will be handled by ApplyDreams India Domains and Hosting Services India Pvt Ltd. If, during your purchase, your payment was identified as being processed in a country not listed above, your transaction may be processed by an entity within that country affiliated with our local payment service provider, and subject to the provisions of our Privacy Policy.
**9. GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS:**
The general terms are as follows:
- Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.
- ApplyDreams reserves the right to change its prices and charges at any time, and such changes will be posted online at this Site and take effect immediately without the need for further notice to you. If you have purchased or acquired Services for a period of months or years, changes in prices and charges will be effective when the Services are due to come up for renewal as further described below.
- Except as limited in any product-specific agreement, you may pay for Services by using any of the following "Payment Methods":
- Valid credit/debit card
- Master cards
- Visa cards
- Unionpay cards
Certainly! Here's a revised version tailored for ApplyDreams, your web hosting company:
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**10. ADDITIONAL RESERVATION OF RIGHTS:**
ApplyDreams expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the option to cancel or transfer any domain name registration) in any manner whatsoever (as determined by ApplyDreams in its sole and absolute discretion), including but not limited to the following:
- To rectify errors made by ApplyDreams in providing or delivering any Services.
- To ensure the integrity and quality of, and to rectify errors made by any domain name registry or registrar.
- To assist in our fraud and abuse detection and prevention efforts.
- To comply with court orders against you or your domain name or website and applicable local, state, national, and international laws, rules, and regulations.
- To comply with requests of law enforcement, including government orders.
- To comply with any dispute resolution process.
- To prevent any legal action or threatened legal action without regard to whether such legal action or threatened legal action is eventually determined to be with or without merit.
- To respond to any summons from any law enforcement agency that may or may not have a direct association with ApplyDreams.
- To cooperate with law enforcement agencies in investigating any illegal activity related to its services.
- To respond to an unusual volume of complaints related in any way to your Account, domain name(s), or content on your website that could result in harm to ApplyDreams' business, operations, reputation, or stakeholders.
- ApplyDreams expressly reserves all rights to review each Account for excessive space and bandwidth usage and to terminate or apply additional charges to those Accounts that exceed allowed levels.
ApplyDreams expressly reserves all rights to terminate, without notice to you, all Services where, in ApplyDreams' sole discretion, you are disrupting or compromising ApplyDreams or any of ApplyDreams' employees.
Except for User Content, the content of this Site and the Services, including without limitation the essence, software, content, source code, API, graphics, photos, sounds, music, videos, and interactive features and the trademarks, service marks, and logos contained therein ("ApplyDreams Content"), are owned by or licensed to ApplyDreams in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and other countries, and other intellectual property rights under the United States and international laws. ApplyDreams Content is provided to you "as is," "as available," and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, reproduced, copied, distributed, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of ApplyDreams. This Agreement grants no rights or licenses under any copyright, trademark, patent, or other proprietary right or licensing agreement. ApplyDreams reserves all rights not expressly granted in, and to the ApplyDreams Content, this Site, and the Services, and this Agreement does not transfer ownership of these rights.
**11. TRADEMARK/COPYRIGHT CLAIMS:**
ApplyDreams respects the intellectual property rights of others and expects its customers to do the same. Customers shall not use the services to infringe upon the trademark, copyright, or other intellectual property rights of any third party.
If ApplyDreams receives a complaint or notice alleging that a customer is infringing upon the trademark, copyright, or other intellectual property rights of another party, ApplyDreams may investigate and take appropriate action, which may include removing or disabling access to the allegedly infringing material, and terminating the customer's account if the infringement is found to be intentional or repeated.
If a customer believes that their own intellectual property rights have been infringed upon by another customer using ApplyDreams' services, they may submit a notice of infringement to the company, including a description of the infringing material and the basis for the claim.
ApplyDreams will promptly investigate any claims of infringement and take appropriate action, which may include removing or disabling access to the allegedly infringing material, and terminating the account of the infringing customer if necessary.
ApplyDreams takes the issue of intellectual property rights very seriously and encourages its customers to use the services responsibly and in compliance with all applicable laws and regulations.
**12. LINKING TO THIRD-PARTY WEBSITES:**
The Site and the Services found at the Site may contain links to third-party websites that are not owned or controlled by ApplyDreams. ApplyDreams assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. Additionally, ApplyDreams does not control or edit the content of any third-party websites. By using this Site or the Services found at this Site, you explicitly release ApplyDreams from all liabilities arising from your use of any third-party website. Furthermore, ApplyDreams encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other site that you may visit.
**13. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES:**
You expressly acknowledge and agree that your use of this site and the services found at this site will be at your risk and that this site and the services found at this site are provided "as is," "as available," and "with all faults." ApplyDreams, its officers, directors, employees, agents, and all third-party service providers disclaim all warranties, statutory, express/implied, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. ApplyDreams, its officers, directors, employees, and agents make no representations or warranties about:
- The accuracy, completeness, or content of this site.
- The accuracy, completeness, or meaning of any sites linked (through hyperlinks, banner advertising, or otherwise) to this site.
- The services found on this site or any sites linked (through hyperlinks, banner advertising, or otherwise) to this site, and ApplyDreams assumes no liability or responsibility for the same.
You expressly acknowledge and agree that no oral or written information or advice given by ApplyDreams, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third-party service providers will constitute legal or financial advice and make a warranty of any kind regarding this site or the services found at this site, and users should not rely on any such information or advice.
The foregoing disclaimer of representations and warranties will apply to the fullest extent permitted by law. It will survive any termination or expiration of this agreement or your use of this site or the services found at this site.
**14. INDEMNIFICATION - ApplyDreams Hosting:**
You agree to defend, indemnify, and hold ApplyDreams harmless from any demands, liabilities, losses, costs, and claims, including reasonable attorneys' fees, asserted against ApplyDreams, its agents, customers, servants, officers, and employees, arising from any service provided, performed, or agreed to be performed, or any product sold by you, your agents, employees, or assigns. This includes indemnification for:
- Injury to person or property caused by any products sold or distributed on ApplyDreams' Server.
- Material supplied by you infringing or allegedly infringing on the proprietary rights of a third party.
- Copyright infringement.
- Defective products sold on ApplyDreams' servers.
- Your use of and access to ApplyDreams' Services.
- Your violation of any provision of this Agreement or related policies or agreements.
- Your violation of any third-party rights, including intellectual property or other proprietary rights.
This indemnification obligation remains in effect even after the termination or expiration of this Agreement.
**15. LIMITATION OF LIABILITY - ApplyDreams Hosting:**
In no event shall ApplyDreams, its officers, directors, agents, administrators, and third-party service providers be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from:
- Accuracy, completeness, or content of the website.
- Content of any linked sites associated with this website.
- Services found on the website or any linked sites.
- Personal injury or property damage.
- Third-party conduct.
- Unauthorized access to or use of servers, personal data, financial information, or other databases.
- Interruption or cessation of services.
- Viruses, worms, bugs, or similar issues transmitted to or from the website or any linked sites.
- Offensive, harassing, explicit, or inappropriate content.
- Any loss or damage resulting from your use of the site or services.
You expressly agree that the use of ApplyDreams' services is at your sole risk. ApplyDreams does not warrant uninterrupted or error-free services, and it makes no guarantees about the results obtained from using the services.
Regardless of the circumstances, ApplyDreams' total liability for all damages, losses, and causes of action, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to ApplyDreams during the six months immediately preceding the claim.
You acknowledge that ApplyDreams shall not be liable for any disclosure of customer data made in compliance with a subpoena, court order, or similar legal process. In no event shall ApplyDreams' total cumulative liability exceed $10,000 USD.
The limitations of liability herein apply to the fullest extent permitted by law and survive the termination or expiration of this agreement or your use of ApplyDreams' services.
**16. PROHIBITED CONTENT AND ACTIVITIES - ApplyDreams Hosting:**
ApplyDreams prohibits hosting any unsolicited data and engaging in unlawful activities over its servers. Prohibited content and activities include but are not limited to:
- Illegal Activity: Use of ApplyDreams' servers for unlawful purposes, including the transmission of material in violation of any local, federal, or international regulations.
- Hacking: Hosting websites dedicated to discussing hacking activities or distributing hacking tools is strictly prohibited.
- Service Interruptions: Any activity causing service interruptions to ApplyDreams' network or external networks.
- Spam: Customers must not advocate, sell, or make available tools for unsolicited email or Usenet postings (spam) using ApplyDreams' servers.
- Personal Information Harvesting: Collecting or using personal information without consent, including phishing, Internet scamming, password robbery, spidering, and harvesting.
- Spoofing/Impersonation: Usage of ApplyDreams' network to impersonate another person or entity is strictly prohibited.
ApplyDreams is not responsible for any legal issues arising from customer-hosted data. Customer assumes full liability for data credibility and lawfulness.
**17. NO SPAM; LIQUIDATED DAMAGES - ApplyDreams Hosting:**
No Spam. ApplyDreams does not tolerate the transmission of spam. Suspected spam usage may result in re-direction, suspension, or cancellation of accounts, web hosting, domain registration, and other services. Customers engaging in spam activities may be required to cease spamming and pay a non-refundable reactivation fee.
Liquidated Damages: ApplyDreams may terminate any account believed to be transmitting spam, and the customer agrees to pay liquidated damages of $1.00 for each piece of spam transmitted from their account.
**18. SANCTIONED COUNTRIES - ApplyDreams Hosting:**
Customers agree to comply with export and re-export control laws and regulations. Customers shall not sell, export, or transfer any products, software, or technology received from ApplyDreams to any prohibited destination or entity without proper authorization. Customers indemnify ApplyDreams from fines or penalties resulting from a breach of this provision.
**19. COMPLIANCE WITH LOCAL LAW - ApplyDreams Hosting:**
ApplyDreams makes no representation that its content is suitable in every country or region. Access to ApplyDreams' services from countries where its content is unlawful is prohibited. Users are responsible for compliance with local laws, rules, and regulations.
**20. UNCLAIMED PROPERTY - ApplyDreams Hosting:**
If a customer has an outstanding balance for 3 years or more, ApplyDreams may issue payments or turn over the account balance to the State of Arizona as required by law. In such cases, ApplyDreams may retain fees up to $25.00 or the total outstanding account balance.
**21. ENTIRETY - ApplyDreams Hosting:**
This Agreement, along with published rules and policies, constitutes the complete and exclusive agreement between you and ApplyDreams regarding its services. It supersedes all prior agreements and understandings.
**22. GOVERNING LAW - ApplyDreams Hosting:**
This agreement is governed by the laws of the United States of America without reference to rules governing the choice of laws. Any legal action must be brought in the location of ApplyDreams' Headquarters, and you consent to the jurisdiction of such courts.
**23. DISPUTE RESOLUTION - ApplyDreams Hosting:**
Disputes arising from this agreement shall be resolved through binding arbitration administered by the American Arbitration Association. The arbitration shall be conducted in English at ApplyDreams' location or a mutually agreed place in the United States. The prevailing party may recover reasonable attorneys' fees.
**24. JURISDICTION - ApplyDreams Hosting:**
This agreement is governed by the laws of the United States of America. Legal action arising from this agreement shall be brought exclusively in the courts of the United States. The parties submit to the personal jurisdiction of such courts.
**25. SUCCESSORS AND ASSIGNS - ApplyDreams Hosting:**
This Agreement is binding upon and inures to the benefit of the parties and their respective rights, successors, and assigns.
**26. NO THIRD-PARTY BENEFICIARIES - ApplyDreams Hosting:**
This Agreement does not confer any third-party benefits or rights.
**27. AMENDMENTS AND REVISIONS - ApplyDreams Hosting:**
ApplyDreams reserves the right to revise, amend, or modify these terms and conditions at its sole discretion. Continued use of ApplyDreams' services after posting constitutes agreement to the revised terms.
**28. TITLES AND HEADINGS - ApplyDreams Hosting
:**
Titles and headings are for reference only and do not interpret or modify the agreement between the parties.
**29. SEVERABILITY - ApplyDreams Hosting:**
If any provision is found invalid or unenforceable, the remaining provisions shall remain in full force. Any waiver or failure to enforce a provision shall not affect the validity or enforceability of other provisions.
This document serves as the equivalent of an oral agreement, acknowledging payment for services or registration on our site. Please carefully read the terms of this public contract before initiating registration or ordering services on our website:
1. PUBLIC OFFER ACCEPTANCE
This Public Offer is extended to all individuals and legal entities, hereinafter referred to as the "Customer," including but not limited to users of ApplyDreams services. By acting on the basis of our Statute, ApplyDreams provides digital data hosting, virtual and dedicated servers lease, and other services collectively referred to as "Services." This offer aligns with privacy laws, including CCPA, GDPR, and PDPA.
The public offer is deemed accepted upon the registration of a Subscriber on ApplyDreams' website https://hostingthunder.com/.
2. TERMS AND DEFINITIONS
ApplyDreams: The web-based data hosting Company identified in this agreement.
Customer: Any individual or entity entering a contractual agreement with ApplyDreams for data hosting services.
Services: Web-based data hosting services provided by ApplyDreams, including storage, backup, retrieval, and data management.
Hosting: Service providing hardware and software for data placement on the server.
Account: A unique user account created by the Customer for accessing ApplyDreams' Services.
User: Any individual authorized by the Customer to access and utilize the Services under the Customer's Account.
Data: Digital information, files, documents, or content uploaded, stored, or processed through the Services.
Profile: Information set provided by the Customer for identification, authorization, and accounting.
Control Panel: Web and software interface for managing domains, profiles, websites, and mailboxes.
DNS Server: Application responding to DNS queries and changing domain names into IP addresses.
CDN: Geographically separated network infrastructure increasing the speed of downloading Internet data.
Virtual Private Cloud (VPC): Separated server with specific resources included in the cost.
Platform: Web-based interface, software, and infrastructure provided by ApplyDreams for Service utilization.
Usage Data: Information about Customer and User interactions with the Services.
Confidential Information: Non-public, proprietary, or sensitive information disclosed during this agreement.
Intellectual Property: Patents, trademarks, copyrights, trade secrets, and proprietary rights related to the Services or the Platform.
Force Majeure: Events beyond the reasonable control of the affected party.
Term: Duration of the contractual agreement between the Customer and ApplyDreams.
Termination: Conclusion or cancellation of the contractual agreement before the Term expiration.
Cost of Services (Tariff): Payment amount set by ApplyDreams for specific Services.
Data Backup and Recovery: Process of creating duplicate copies of Data and implementing mechanisms for Data restoration.
Data Security: Practices, procedures, and measures employed by ApplyDreams to protect Data.
Acceptable Use Policy (AUP): Guidelines and restrictions regarding the proper and lawful use of Services and the Platform.
3. GENERAL PROVISIONS
Subject of the Contract:
This Contract involves the provision of services, including project support, virtual private server (VPS), virtual dedicated server (VDS), cloud hosting, mac hosting, radio hosting, game server hosting, domain names, SSL certificates, windows hosting, separated server, technical support, and additional advisory and technical services.
Service Initiation:
To receive services, the Customer must register on the ApplyDreams website. The Service may be provided on a paid or free basis, at the Customer's choice, and can be accessed through the selected tariff.
Trial Period:
Registered Customers may receive a trial period of the service if provided by the selected tariff plan. The trial period does not limit the Customer's right to receive paid services.
Contract Duration:
The term of this Contract is unlimited. Either Party may terminate it as specified in this Contract. All changes and additions to this Contract will be published on the ApplyDreams website, binding both the Customer and ApplyDreams.
Customer Disagreement:
In case of disagreement with changes or new tariffs, the Customer must stop using the service, notifying ApplyDreams.
4. TITLES AND OBLIGATIONS OF THE PARTIES
Customer Obligations:
Payment: Timely payment of all fees and charges associated with hosting services.
Compliance: Adherence to applicable laws, regulations, and industry standards.
Accuracy and Legality of Data: Warranting that all data is accurate, legal, and does not infringe upon intellectual property rights.
Prohibited Content: Refraining from uploading, storing, or transmitting illegal, harmful, defamatory, or infringing content.
Cooperation: Providing necessary information, materials, or access for service provision and issue resolution.
ApplyDreams Obligations:
Service Provision: Providing hosting services professionally and competently.
Security Measures: Implementing security measures to protect Customer data.
Technical Support: Offering 24/7 technical support to address and resolve Customer concerns.
Data Backup: Regularly performing data backups to safeguard against potential data loss.
Joint Obligations:
Confidentiality: Maintaining the confidentiality of proprietary information disclosed during this agreement.
Cooperation: Collaborating to address issues, resolve disputes, and optimize service performance.
Limitation of Liability: UltaHost's liability specified in the "Limitation of Liability" clause of the Contract.
5. LIMITATION OF LIABILITY
The Parties acknowledge and agree that ApplyDreams' liability for any claims, damages, or losses arising out of or in connection with this agreement shall be limited as specified in the "Limitation of Liability" clause of the Contract.
6. GOVERNING LAW AND JURISDICTION
This agreement shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts located in the United States of America.
7. APPLYDREAMS' RIGHTS AND TERMINATION CONDITIONS
ApplyDreams reserves the right to:
Terminate paid services upon grant expiration or for specified conditions.
Change the order of services and their cost with 15 calendar days' notice.
Offer the Customer a transition to another tariff plan based on increased needs.
Terminate, limit, or change service provision for conditions specified in the Contract.
8. CUSTOMER'S RIGHTS
The Customer has the right to:
Require ApplyDreams to provide Services according to the terms of this Contract.
Receive information about services and additional paid services.
Seek advice and assistance from experts if necessary.
Contact ApplyDreams with complaints and suggestions to improve service quality.
9. DISPUTE RESOLUTION
This agreement shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts located in the United States of America.
**COST OF SERVICES AND PAYMENT TERMS - ApplyDreams Hosting:**
**1. COST OF SERVICES:**
**Fees and Charges:**
Customers utilizing ApplyDreams' hosting services agree to pay the associated fees and charges as outlined in the pricing and billing terms provided by ApplyDreams. These fees encompass recurring subscription fees, setup fees, data transfer fees, and any additional services requested by the Customer.
**Price Adjustments:**
ApplyDreams reserves the right to modify its pricing structure and fees, providing Customers with reasonable notice through email notifications or updates on the ApplyDreams website. Such modifications will only apply to future billing cycles, allowing Customers the option to terminate services if they disagree with the updated pricing.
**2. PAYMENT TERMS:**
**Payment Schedule:**
Customers shall adhere to the agreed-upon billing cycle (monthly, quarterly, annually, or otherwise specified), with the initial payment due upon the activation of hosting services. Subsequent payments are to be made on the designated due dates.
**Payment Methods:**
ApplyDreams accepts various payment methods, including credit cards, debit cards, electronic funds transfer, and other options specified by ApplyDreams. Customers must ensure the accuracy, validity, and currency of provided payment information.
**Late Payments:**
In the event of late payment, ApplyDreams will not impose interest or penalties but reserves the right to suspend or terminate hosting services if payment is not received within a specified grace period.
**Taxes:**
Customers are responsible for all applicable taxes, duties, and similar charges imposed by governmental authorities related to the provided services, in addition to the fees specified by ApplyDreams.
**Order of Payment:**
**Priority of Payments:**
Customer payments will be applied first to outstanding amounts past due, including any accrued interest or penalties, and then towards the current fees and charges for hosting services.
**Suspension for Non-Payment:**
If a Customer fails to make the required payment within the specified grace period, ApplyDreams reserves the right to suspend or restrict access to hosting services until payment is received in full. ApplyDreams assumes no liability for damages or losses resulting from such suspension or restriction.
**Payment Process:**
Customers can make payments through the appropriate section of the Control Panel, utilizing secure payment services, transferring funds to ApplyDreams' bank account, or any other legal method agreed upon by both parties.
**FORCE MAJEURE:**
**Definition:**
Force Majeure refers to events or circumstances beyond the reasonable control of ApplyDreams or the Customer, making the performance of obligations under this agreement impracticable or impossible.
**Force Majeure Events:**
Parties acknowledge that Force Majeure events include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, strikes, government actions, power outages, network or server failures, internet disruptions, epidemics, pandemics, or unforeseen events.
**Notice and Effects of Force Majeure:**
**Notice:**
If either Party is unable to perform obligations due to a Force Majeure event, written notice must be provided within 7 days of the event's occurrence, detailing the event and its anticipated impact.
**Mitigation:**
The affected Party must take reasonable steps to mitigate effects and resume obligations as soon as practicable.
**Extension of Time:**
A Force Majeure event extends the time for affected Party's performance by a reasonably necessary period. However, it does not entirely excuse the affected Party from its obligations.
**Allocation of Risk:**
Neither Party is liable for failure or delay in performance due to a Force Majeure event. Efforts should be made to resume obligations once the event is resolved.
**Termination:**
If a Force Majeure event continues for an extended period (typically exceeding 30 days), either Party may terminate this agreement with written notice. Outstanding obligations or fees shall be settled based on services provided before the Force Majeure event.
**No Breach:**
A Force Majeure event does not constitute a breach, and neither Party can claim damages, indemnification, or other remedies for losses incurred due to the event.
**Notice of Resumption:**
Once the Force Majeure event ends, and the affected Party can resume obligations, written notice must be promptly provided.
**RESPONSIBILITY OF PARTIES:**
**Service Interruptions and Errors:**
ApplyDreams does not guarantee absolute uninterrupted or error-free services. Reasonable efforts and measures are taken to prevent such occurrences.
**Limitation of Liability:**
ApplyDreams is not liable for direct or indirect damages resulting from service use, errors, failures, unavailability, DDoS attacks, or other causes. ApplyDreams performs technical functions and does not acquire rights to domain names or content placed by the Customer.
**Dispute Resolution:**
Disputes related to this Contract will be settled based on predefined and agreed-upon dispute resolution terms between the Parties.
**Customer Password Responsibility:**
Customers are fully responsible for preserving their passwords and any losses resulting from unauthorized use.
**TERM OF THE CONTRACT, AMENDMENT, AND TERMINATION:**
**Initial Term and Renewal:**
This agreement commences on the Customer's acceptance date and automatically renews unless the Customer provides a written notice of non-renewal at least 15 days before the current term's end.
**Amendment Process:**
Any amendments require written agreement by both Parties, including changes to services, fees, or other terms. Proposed amendments are communicated in writing to the Customer.
**Termination:**
- Termination for Convenience: ApplyDreams may terminate without cause, providing written notice within the specified notice period.
- Termination for Cause: ApplyDreams may terminate immediately for material breach by the Customer, non-payment, violation of laws, or terms outlined in this agreement.
- Termination for Insolvency: ApplyDreams may terminate immediately if the Customer becomes insolvent, files for bankruptcy, or cannot meet financial obligations.
**Consequences of Termination:**
Upon termination, the Customer must cease using hosting services, and ApplyDreams has no further obligation. The Customer settles outstanding fees incurred until the termination date. Provisions surviving termination include confidentiality, indemnification, and limitation of liability.
**SEVERABILITY:**
If any provision is found invalid or unenforceable, remaining provisions remain in effect. The invalid provision is replaced with a valid one achieving the same effect.
**Waiver:**
Waiver or failure to enforce any provision does not affect the validity or enforceability of remaining provisions.
**Governing Law:**
This agreement is governed by U.S. laws, and disputes are resolved exclusively in U.S. courts.