Terms of Service
AMN WebTech
POLICY AND SERVICE GUIDELINES (ToS - Terms of Service)
AMN WebTech provides web hosting to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
Furthermore, these Policies, Guidelines, and Disclaimer are intended for all domains residing on AMN WebTech servers or affiliates.
Content:
All services provided by AMN WebTech may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless AMN WebTech from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related web hosting of any kind is prohibited on all AMN WebTech servers. This includes sites that may infer sexual content, or links to adult content elsewhere. AMN WebTech will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to AMN WebTech servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links or usage:
Pirated software
Hacker programs or archives
Warez sites
Copyrighted Material (e.g. MP3's)
Porn
Spamming software
AMN WebTech will be the sole arbiter as to what constitutes a violation of these terms.
Traffic Usage:
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill £2.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached.
Commercial Advertising - Email:
Spamming, or the sending of unsolicited email, from an AMN WebTech server or using an email address or domain that is maintained on an AMN WebTech machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. AMN WebTech will be the sole arbiter as to what constitutes a violation of this provision.
Chat Rooms:
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can use the chat rooms provided through our control panel.
Background Running Programs:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of AMN WebTech is strictly prohibited.
Refusal of Service:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
All Sub-Networks, distributive hosting sites and dedicated servers of AMN WebTech must adhere to the above policies.
Billing
Conclusion of Contract
A contract is only concluded when and if the order is confirmed and approved by "AMN WebTech". An order is approved once a hosting account has been created and access given to the client.
Non Payment:
Invoices are sent out 5 days before they are due. If payment is not received by the due date reminders will be sent on the 2 nd and 4 th days past dues. Accounts will be suspended on the 7th day. Any account suspended due to non-payment will require a reactivation fee of £20.00 to be paid prior to reactivating the account.
Refunds Policy:
You may cancel your account at any time before your monthly billing date, and you will not be billed for the next month.
If you are paying annually for web site hosting services, we will issue a pro-rata refund for months not used.
All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term.
Each AMN WebTech web hosting plan carries a 28 day money back guarantee.
If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding setup fees and overages.
Setup fees are refundable for the following reasons only: (1) the account order is canceled prior to activation; or (2) the domain name was not available for registration.
This policy does not apply to any additional services such as overages, disk space, pop accounts, sub-accounts, Domain Parking accounts, etc. It does not also apply to reseller accounts, or any fees associated with these accounts.
Accounts cancelled/terminated by AMN WebTech for violating our Terms Of Service do not qualify for the 28-day money back guarantee. For example, if your account is cancelled due to spamming, warez, you will not be given any refund.
To receive a full refund you must let us know why you are not satisfied. This collation of information is used to improve and provide the highest quality service possible for our present and future customers. To receive a full refund, open a support ticket by visting our support centre. Any cancellation request will be effective upon receipt.
Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. However, this right to cancel does not apply where service provision begins before the end of the cooling off period. All web hosting accounts provided by AMN Webtech normally begin within 1 working day from ordering. Therefore, the consumer's right to cancel and receive a full refund will not apply once service provision has begun. Commencement of service will normally be the time at which your account activation notice is sent.
The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions, nor to transactions with businesses or consumers outside the UK.
Limitation of liability
AMN WebTech shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from AMN WebTech servers going off-line or being unavailable for any reason whatsoever. Furthermore, AMN WebTech shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of AMN WebTech servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless AMN WebTech from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, AMN WebTech, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to
Support
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
Disclaimer
AMN WebTech cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Moreover, AMN WebTech holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as AMN WebTech sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!
Account Activation
By activating your account with AMN WebTech, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.
Furthermore, AMN WebTech retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to AMN WebTech, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply AMN WebTech with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
