Terms and Conditions of A.N.A Web Hosting
YOU MUST AGREE TO THESE TERMS AND CONDITIONS BEFORE USING ANY SERVICE PROVIDED BY A.N.A PUBLISHING LIMITED OR ASSOCIATED COMPANIES. BY USING, AND CONTINUING TO USE, THIS SERVICE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM. THESE TERMS ARE A LEGALLY BINDING CONTRACT WHICH DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
Definitions
The "Customer" means the user. "Services" means all services provided by A.N.A Publishing Limited. "Users" means any individual who has been given access to a Customer's records by A.N.A Publishing Limited or the Customer's System Administrator. "Terms of Service" and "Terms and Conditions" are used interchangeably on this page.
Supply
A.N.A Publishing Limited agree to provide the services to the Customer to the extent described in our web site and any supporting documentation which shall be deemed and incorporated into these terms and conditions.
A.N.A Publishing Limited reserve the right to alter or withdraw any service at any time on giving current Customers prior warning.
Exclusion of Warranties
Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into these terms and conditions by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will A.N.A Publishing Limited be liable for economic, indirect or consequential loss.
A.N.A Publishing Limited's Services are provided on an "as is" and "as available" basis and we make no warranties or representations, whether express or implied, in relation to A.N.A Publishing Limited or our Services, including but not limited to, implied warranties or conditions of completeness, accuracy, satisfactory quality, or any loss of data resulting from delays, non-deliveries, missed deliveries, data corruption (however caused), or service interruptions.
In any event the liability of A.N.A Publishing Limited to the Customer in respect of an event or series of connected events arising out of or in connection with these terms and conditions whether in contract, tort (including negligence) or otherwise shall be limited to all sums payable and paid in respect of the Services provided and shall not exceed the equivalent monthly charge in effect at the time the liability occurred.
Each provision of this Clause 3 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held inapplicable or unenforceable in any circumstance they shall remain in force notwithstanding the termination or expiry of these terms and conditions.
Price and Payment
The charges payable by the Customer for the provision of the Services are set out in our web site. If for any reason A.N.A Publishing Limited are unable to collect payment from the customer as it becomes due under these terms and conditions or in the event of default on payment by the customer, this will constitute a material breach of these terms and conditions by the customer. A.N.A Publishing Limited shall have the right to require the Customer to pay all sums due under these terms and conditions on demand.
Accounts in default will be charged interest on the outstanding balance at an annual rate of 8% above Nationwide Building Society's base lending rate. Interest will be added daily. All payments due under these terms and conditions shall be made by the Customer in full without any right of set-off by the Customer.
A.N.A Publishing Limited reserve the right to terminate the services to the Customer forthwith in the event of any default of payment. Failure to pay within 7 days of invoice will result in the suspension of service to the customer. There is a charge of £50 per web site to reinstate the services to the Customer on each occasion that the service needs to be reinstated.
A.N.A Publishing Limited reserves the right to offset any payment due against any other service being supplied at the time the service was carried out or started, and to treat any single debt as part of the overall payment due to A.N.A Publishing Limited.
All charges and invoices are due within 7 days of invoice.
Electronic or online invoices will be deemed to have been delivered on the day of sending. It is the clients responsibility to keep their contact details and email addresses up-to-date on the online Control Panel. Invoices that are raised manually, and posted, are deemed to have arrived on the second day after posting.
Termination
It is our intention to deal fairly and honestly will all customers during termination.
The initial term shall commence when the Customer opens an account or starts using A.N.A Publishing Limited's Services. This agreement will continue automatically on a yearly basis, unless terminated according to the terms below.
A.N.A Publishing Limited (without prejudice to our other rights) may terminate this Agreement immediately if: the Customer breaches any clause under these Terms and Conditions.
A.N.A Publishing may impose a transfer out fee of £50 to cover administration costs.
Acceptable Use Policy.
A.N.A Publishing Limited are obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority, to cease to provide any service provided to the Customer.
The provision of any service to the Customer would give rise to or cause disruption to the services offered by A.N.A Publishing Limited to our customers.
Without prejudice to our rights of termination at any time under Clause 5.3, A.N.A Publishing Limited shall have the right to suspend the provision of any Services without notice. A.N.A Publishing Limited have the right to terminate this Agreement.
The Customer may terminate this agreement having given written notice by e-mail, letter. If terminating the agreement by telephone, the Customer must ask for a cancellation reference number.
In the event of termination initiated by the Customer, no refunds will be given on pre-paid charges, or unused credit, unless the cancellation is consistent with a cancellation policy operated. No refunds are provided for set-up fees, or minimum lease periods.
In the event of termination initiated by A.N.A Publishing Limited, refunds may be given on pre-paid charges, or unused credit, unless the cancellation was initiated because of a breach of the Terms & Conditions or Acceptable Use Policy. No refunds are provided for set-up fees, Domain Name purchases, or minimum lease periods.
Improper Use of the Services or a Breach of our Acceptable Use Policy will constitute a material breach of these terms and conditions and shall entitle A.N.A Publishing Limited to terminate the agreement and sue for the maximum allowable under the law.
The Customer shall NOT (or authorise or permit any other party to) use A.N.A Publishing Limited's Services for the transmission of any material which is in violation of any law or regulation or which is defamatory, menacing, obscene, in breach of third party intellectual property rights (including copyright) or trade secrets, or in breach of our Acceptable Use Policy. Any breach of this Clause will be deemed to be a material breach of this agreement and shall entitle A.N.A Publishing Limited to terminate the agreement and sue for the maximum allowable under the law, for this purpose it shall be irrelevant whether the Customer is aware of the content or illegality of any material so transmitted or not.
Not withstanding and in addition to Clause 5.3 A.N.A Publishing Limited may suspend the Service without notice with immediate effect if in A.N.A Publishing Limited's reasonable opinion the Customer is in breach of these Terms and Conditions or acted inconsistently with the spirit of these terms and conditions.
The Customer acknowledges that A.N.A Publishing Limited are unable to exercise control over the content of the information passing over the A.N.A Publishing Limited connection and/or the A.N.A Publishing network and/or the Services, and A.N.A Publishing Limited hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
The Customer hereby agrees to indemnify and holds A.N.A Publishing Limited harmless from any claim brought by a third party resulting from the use of the A.N.A Publishing's connection and/or the use of A.N.A Publishing Limited's Services including but not limited to infringement of any intellectual property right of any kind, legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees) and judgements finally awarded against A.N.A Publishing Limited arising from such claims, and shall provide A.N.A Publishing Limited with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense. Such actions will be taken in consultation with the Customer.
Refunds can take up to 7 days to process.
Traveling and Accommodation expenses.
Solicitor and other professional Fees.
£250 compensation.
Time spent by personnel of A.N.A Publishing Limited preparing and defending the case. This is charged at £60 per hour, or part thereof.
Your use of any services provided by A.N.A Publishing Limited indicates your acceptance to pay the above costs and your agreement to pay them within 7 days of an invoice being raised. The invoice will be sent to the last address we have on record and will be deemed to have been delivered within 3 days of posting. Electronic invoices are deemed to have arrived instantly.
This debt will also be placed into the hands of a collection agency who will be instructed to recover this amount. A.N.A Publishing Limited will NOT enter into negotiation with the client over the amount due and will defend our position vigorously until all monies are recovered. Action taken to recover these charges may include civil or criminal litigation; arrestment of, or charges against, assets (including freezing of bank accounts), and potential damage to credit ratings.
In the event of a fraudulent order being attempted A.N.A Publishing Limited may, at our sole discretion, publish in any medium or at any location, or make publicly available, any or all details of any transactions or correspondence with the Customer including any personally identifiable information available regarding the Customer, including, but not limited to, Name, Address, IP Address, Credit Card information, Date of Birth, Social Security Number, National Insurance Number, and Domain Names used. A.N.A Publishing Limited may also include any additional information found from, or provided by, other sources. A.N.A Publishing Limited may also provide this information to unconnected 3rd parties or other companies providing the same, or similar, services to A.N.A Publishing Limited. This action may damage the Customer's ability to continue to use their Credit Card for online transactions. By using any of the services provided by A.N.A Publishing Limited or any connected 3rd party, the Customer agrees to this information being made available in the manner described.
Security
The Customer is responsible for maintaining the security of their password. No representative of A.N.A Publishing Limited will ever contact a Customer, or their Users, and request their password by telephone or using an email address that has not already been provided to you. If you are in any doubt, DO NOT provide your password.
Any attempt to connect to, edit, delete, manipulate, or view, a record or information that a User or Customer does not have access to, or to attempt to gain access to services that a User or Customer does not have access rights to is a material breach of these Terms & Conditions. A.N.A Publishing Limited reserve the right to temporarily suspend a Company's and Users' access to the Service, and to immediately log-out any of the Company's users if any such attempts are made. A.N.A Publishing Limited reserve the right, at our sole discretion, to terminate all services to the Customer immediately if it is determined that such attempts were deliberate and not the result of a system error. No refund will be provided on unused credit in these circumstances.
The Service provided to the Customer is for use only on the Customer's own web site. The service may not be used for more than one domain at the same time. If the service is to be used on more than one domain at the same time, separate accounts must be created for each domain, unless each domain points to the same root file for the web site (e.g. pointers or parked domains), or the customer has been supplied with a multi-domain hosting package. With multi-domain hosting the Customer can only use this service to host their own web sites and must NOT resell any of part of this service to any other person or enterprise.
It is the Customer's sole responsibility to maintain copies of their records or information that they use with our services.
It is the Customer's sole responsibility to maintain copies of their web site that they use with our services.
The Customer must ensure that any content or file loaded on to the server DOES NOT contain any unauthorised code and is free of viruses, worms, Trojans or other malicious code. For the avoidance of doubt, malicious or unauthorised code can be interpreted as:
Unauthorised code (contained within a legitimate program or script, or image) that performs functions unknown to and/or not specifically authorised by A.N.A Publishing Limited.
A legitimate program that has been altered by the placement of unauthorised code within it that performs functions unknown and/or not specifically authorised by A.N.A Publishing Limited.
Any program that appears to perform a desirable and necessary function but that (because of unauthorised code within it) performs functions unknown to and/or not specifically authorised by A.N.A Publishing Limited.
Unauthorised code designed to conceal itself and/or destroy data, or read data that the User has not been specifically authorised to view.
Unauthorised code designed to perform functions that A.N.A Publishing Limited has not specifically authorized.
It is the Customer's sole responsibility to ensure than any material posted to the server by any of their users or user login details, DOES NOT contain any viruses, worms, Trojans, or malicious code (whether the Customer is aware or not of the presence of such items) and DOES NOT cause damage to, or affect integrity and performance of the server and its databases, or affect the ability of A.N.A Publishing Limited to continue to provide its services. Violation of this is a material breach of our Terms and Conditions and will lead to immediate cancellation of the Customer's Account with no refund being provided. In addition, the Customer agrees and takes full responsibility for paying any expenses or costs incurred in removing, repairing, re-installing A.N.A Publishing Limited's servers, services and the information contained within that are incurred as a result of a virus, worm, Trojan, or other malicious code introduced, whether intentionally or not, by the Customer, its Users, or through access with one of its user's accounts. These expenses will include, but will not be limited to:
Providing backup services through a third party.
The engagement or otherwise of technical experts and the payment of their expenses.
Compensation payments to any other Customers of any service affected by this, whether directly or indirectly.
Full compensation to A.N.A Publishing Limited for loss of revenue cause directly or indirectly.
Suspension of Services
A.N.A Publishing Limited may without terminating this agreement suspend provision of any Services in whole or in part until further notice with immediate effect if:
A.N.A Publishing Limited have reason to terminate this agreement in accordance with Clause 5
A.N.A Publishing Limited are obliged to comply with an order, instruction or request of Government, an emergency services organisation, or other administrative authority.
A.N.A Publishing Limited need to have work carried out relating to upgrading or maintenance of the server network..
If A.N.A Publishing Limited exercise our right of suspension in respect of an event referred to in Clause 7.1, this will not exclude our right to terminate this agreement later in respect of that or any other event, nor will it prevent A.N.A Publishing Limited from claiming damages from the Customer resulting from such events if the Customer is in breach of these terms and conditions.
Data Protection
A.N.A Publishing Limited reserve the right to put the names and other information from the registration form relating to the Customers into a computerised directory for internal use, unless specific written instructions are received from the Customer and the information is not required for the operation of any services provided to the customer.
A.N.A Publishing Limited reserve the right to provide information concerning your account and activities whilst using A.N.A Publishing Limited's services if we are requested to do so by the police or a regulatory or government authority in investigating illegal activities.
General
Other than in respect of the Customer's obligation to make payments, neither party shall be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to acts of God, flood, lightning or fire, industrial action, act or omission of Government or other competent authority, riot, war or act or omission of another party for whom that party is not responsible.
A.N.A Publishing Limited shall have the right to modify these terms and conditions at any time.
These terms and conditions are governed by and shall be construed in accordance with the laws of England and the Customer hereby submits to the exclusive jurisdiction of the English court.
These terms and conditions represents the entire agreement between the parties.
The Customer shall NOT assign or purport to assign or otherwise deal with any of its rights and obligations hereunder, except if expressly agreed in writing with A.N.A Publishing Limited.
A.N.A Publishing Limited shall have the right to assign, sub-contract or otherwise deal with all or any of its rights and obligations under these terms and conditions to any third party.
Any changes to these Terms & Conditions by A.N.A Publishing Limited will be immediately posted on to this page on the A.N.A Publishing Limited's website.
We are authorised by you to remove or modify any data submitted by you for any reason we feel constitutes a violation of our policies, whether stated, implied or not.
Acceptable use policy
We have absolutely no intention of spoiling your fun and enjoyment of using our services, but to protect your investment we do have to place some sensible restrictions on what you can and cannot do. A.N.A Publishing's Acceptable Use Policy (the "Policy") is designed to help protect A.N.A Publishing Limited and our customers from irresponsible or illegal activities. These terms do not affect your statutory rights as a consumer.
The Policy is a non-exclusive list of the actions prohibited by A.N.A Publishing Limited.
Interpretation
The following policy is intended to be a guideline to A.N.A Publishing Limited's stance against violations of the accepted norms of the internet community and is not intended to be exhaustive. We reserve the right at all times to protect our reputation and goodwill.
Directory Space
Each customer is provided with disk space commensurate with the hosting plan they have chosen or created. Additional space and bandwidth can be provided at an extra cost.
Each customer is responsible for ensuring that the data contained within their web space does NOT break any UK law or any law in the home country of the customer.
A.N.A Publishing Limited reserves the right to remove any content, or disable an account, under any of the following circumstances:
The material is suspected to be illegal.
The site gets an abnormally high number of hits outside the bandwidth allowance.
The presence of the site adversely affects in any way the ability of A.N.A Publishing Limited to provide our services to other customers.
The material is, at A.N.A Publishing Limited's Sole Discretion, in violation of any law or regulation or which is defamatory, menacing, constitutes an illegal threat, is obscene, in breach of third party intellectual property rights (including copyright) or in breach of trade secrets. ANA Publishing Limited constantly monitor all of the domains and e-mail traffic of our customers. If a customer is found to be in breach of these policies A.N.A Publishing Limited reserve the right to terminate the agreement and sue for the maximum allowable under the law.
You CANNOT use your hosting space, web site(s), e-mail account(s) or bandwidth provided by A.N.A Publishing Limited for the following:
Hosting site(s), or sending e-mail(s) that contain Adult Content. This includes, but is not limited to, pornographic images, video files, text, and sound files.
To store file(s) on your web-site(s) containing Adult Content.
To Provide hyperlinks to site(s) containing Adult content. This includes, but is not limited to, pornographic image(s), video file(s), text, and sound file(s).
IRC Services.
File Download or File Sharing services.
The directory space provided by A.N.A Publishing Limited must only be used to store files that are used directly by the customer's web site. This space must NOT be used to archive or store any other file.
The customer must NOT resell his/her web space or service being provided by A.N.A Publishing Limited.
The customer may NOT charge for access to any information or output provided by A.N.A Publishing Limited 's service, or use it to provide adult verification systems.
The customer must NOT promote the services being provided by A.N.A Publishing Limited in such a way that he/she would breach this Policy in any circumstances.
If a customer is found to be in breach of theses policies A.N.A Publishing Limited reserve the right to terminate the agreement and sue for the maximum allowable under the law.
Electronic Mail
A.N.A Publishing Limited operates a zero tolerance policy towards Spam. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet or maintaining an open SMTP policy. A.N.A Publishing Limited reserves the right to determine, in our sole and absolute discretion, whether e-mail recipients were from an opt-in email list.
You must NOT use your account for the following purposes:
To send unsolicited bulk or commercial messages. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious information, unless the recipient has specifically requested it.
To collect responses from unsolicited bulk or commercial e-mail sent from accounts with other providers.
To send a number of copies of the same or similar message, or very large messages or files, with the intent to disrupt a server or account ("mail bombing").
To harass or intimidate others.
If a recipient asks to stop receiving email, you MUST NOT send that person any further messages.
To send out or receive e-mail(s) of a sexual nature. This includes, but is not limited to, pornographic image(s), video file(s), text, and sound file(s).
To send out or receive e-mail(s) containing hyperlinks to site(s) containing Adult content. This includes, but is not limited to, pornographic image(s), text, and sound file(s).
Forward or propagate chain letters, whether or not such messages solicit money or other items of value, and whether or not the recipient wishes to receive such mailings.
To collect replies to messages sent from another Internet service provider if those messages violate this Acceptable Use Policy or the acceptable use policy of the other service provider.
If you use the services of another provider to promote a web site hosted by or through A.N.A Publishing Limited, the provisions of this Acceptable Use Policy shall apply to the methods used to promote such site.
If a customer is found to be in breach of theses policies A.N.A Publishing Limited reserve the right to terminate the agreement and sue for the maximum allowable under the law.
A.N.A Publishing Limited will impose a charge of £10.00 for each separate email that is in breach of our Acceptable Use Policy. We will also impose a charge of £250 each time we investigate a Spam complaint relating to a domain name or hosting account if the allegation can be confirmed by our Log files or the evidence provided by the complainant and whether or not each separate complaint relates to the same incident.
If a complaint about Spam can be confirmed from our Log Files or the evidence provided by the complainant, the account will be suspended immediately and the web site and domain name removed from our servers and backup facilities. No refunds will be provided on unused Credit.
The Forging, altering or removal of electronic mail headers is prohibited ("spoofing").
Use of Service You CANNOT use your account or domain:
To obtain unauthorised access to any computer or service, to break security on any computer network, or to access an account which does not belong to you.
To carry out port scans, stealth scans, and other activities designed to assist in hacking.
In a manner which violates any law, regulation, treaty or tariff.
In a manner which is defamatory, fraudulent, indecent, offensive or deceptive.
To threaten, harass, abuse or intimidate others.
To damage the name or reputation of A.N.A Publishing Limited, or our partners.
In a manner which interferes with other customers' use and enjoyment of the services provided by A.N.A Publishing Limited.
If a customer is found to be in breach of theses policies A.N.A Publishing Limited reserve the right to terminate the agreement and sue for the maximum allowable under the law.
The customer is responsible at all times for use of the account, whether through the customer or through third party.
Viruses and Destructive Activities
The Customer MUST ensure that any content or file loaded on to the server does not contain any unauthorised code and is free of viruses, worms, Trojans or other malicious code. For the avoidance of doubt, malicious or unauthorised code can be interpreted as:
Unauthorised code (contained within a legitimate program or script, or image) that performs functions unknown to and/or not specifically authorised by A.N.A Publishing Limited.
A legitimate program that has been altered by the placement of unauthorised code within it that performs functions unknown and/or not specifically authorised by A.N.A Publishing Limited. Any program that appears to perform a desirable and necessary function but that (because of unauthorised code within it) performs functions unknown to and/or not specifically authorised by A.N.A Publishing Limited.
Unauthorised code designed to conceal itself and/or destroy data, or read data that the User has not been specifically authorised to view
Unauthorised code designed to perform functions that A.N.A Publishing Limited has not specifically authorised.
You may NOT use A.N.A Publishing Limited 's facilities for any of the following activities:
Creating or sending Internet viruses, worms or Trojan horses.
Pinging, flooding or mailbombing, or engaging in denial of service attacks.
Engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.
Network attacks related to your server or domain name(s) may result in suspension or termination.
Dedicated, Managed, and Collocated Servers
You must NOT use your server for any purpose that could be construed as "Hacking" or hacking related activities. "Hacking" includes, but is not limited to, the following activities: illegally or without authorisation, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking.
Miscellaneous
The customer is responsible at all times for use of the account, whether through the customer or through third party.
A.N.A Publishing Limited reserve the right to ban IP addresses or IP address blocks from accessing our servers.
Breaches
Following a breach of the Acceptable Use Policy, A.N.A Publishing Limited will take any action we consider to be appropriate; up to and including the immediate closure of a customer account and the removal of all content belonging to that customer from our servers without notice. A.N.A Publishing Limited reserve the right to terminate the agreement and sue for the maximum allowable under the law. All breaches will be reviewed on a case by case basis.
Account Suspension
Following suspension of a customer's account, the customer may send a conciliatory letter to A.N.A Publishing Limited undertaking not to breach this Policy on a subsequent occasion before the account or server space will be reinstated. A.N.A Publishing Limited may, at our sole discretion, reinstate an account under these circumstances subject to our re-instatement fee of £50.
A.N.A Publishing Limited reserve the right to publish details of breaches and the action taken including the name of the account holder.
A.N.A Publishing Limited do NOT allow credits or refunds for any outages resulting from a suspension or deletion of an account or server space under this Policy.
A.N.A Publishing Limited reserve the right to modify or amend this Policy at any time. Changes are made to this Policy will be archived and previous versions will be available to all customers.
By signing up for an account you are agreeing to be bound by all of the Terms and Conditions of A.N.A Publishing Limited. You are consenting to receive all information from A.N.A Publishing Limited in electronic or paper format.
If any document(s) or code on this site are found to be tampered with in any way, you may be held liable.
We are extremely pleased with the services and pre-sales advice of A.N.A Web Hosting. A.N.A Web Hosting provide a reliable, powerful, flexible, secure, efficient business web-hosting service combined with excellent after-sales service. Their staff are knowledgeable, helpful and we thoroughly recommend them.