Terms of Service
Anttix, Inc. ("Anttix") agrees to furnish hosting services to the Client, subject to the following TOS (Terms of Service). Use of Anttix's Service constitutes acceptance and agreement to its AUP (Acceptable Use Policy) and TOS (Terms of Service). See http://www.anttix.com/terms.
All provisions of this contract are subject to the TOS (Terms of Service) and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of Anttix. Subscriber understands that changes to the AUP by Anttix shall not be grounds for early contract termination or non-payment.
This service agreement has been put together to provide you with a complete and comprehensive set of policies that bind us as the hosting services provider, and you, our customer.
Terms of Services
• This service agreement is between Anttix (hereinafter "Company," "we," "our," or "us") and you, our customer (hereinafter "Customer,", “Client”, "you" or "your").
• Company, as your web hosting service provider, will supply Customer with a shared web hosting solution. For all accounts this solution will, at the very least, provide you with the selected amount of server or disk space to upload your website and an allocated amount of bandwidth transfer to allow for website connectivity. As your web hosting provider, we will make available various services and software for maintaining your website, as indicated on our website.
• Upon paying for and using the hosting services provided by Company, Customer indicates his/her agreement to the following terms and conditions, as outlined below. The use and or payment for Company services constitute an agreement with these terms and conditions. If you do not agree with any of these policies, please contact us immediately.
• Use of Company services requires Customer to be at least 18 years old.
• Company requires that Customer information, as listed on the account signup form, is a complete and accurate representation of Customer contact details. Customer must be a valid representative of the entity or organization listed on Company signup form.
• This agreement supersedes any other oral agreement between Company and Customer.
• Any of the terms, prices or services offered can be modified or updated with prior online or email notification.
Site Legitimacy and Legal Use
• Customer agrees not to deliver pornographic materials, as defined in our sole discretion, including, but not limited, to video or images of naked or semi-naked people, or people appearing in sexual situations. If, in our opinion you have used the service for this purpose, we reserve the right to immediately terminate services.
• Customer agrees not to use the services to deliver unsolicited bulk e-mail (“spam”). If, in our opinion you have used the services for this purpose, we reserve the right to immediately terminate services.
Support
Support provided under a hosting contract only relates to hardware, network or critical software failure and involves the support offered by Rackspace, where Anttix's facilities are located (that support is compatible with the following). Support is provided via e-mail with unique support ticket identification for each separately filed support request. Support is available generally between 09:00 – 17:00 US Central Standard Time Monday through Friday. Anttix guarantees a response time of 2 business days (defined as between 9am and 5pm MF) or less but endeavors to respond to support requests within 4 hours of the initial support request during the general support coverage period with response time inversely proportional to the priority of the support request. Emergency support for hardware, network or critical software failure is available 24 hours/day, 7 days/week. Support not directly relating to Anttix's hosting service is not covered under this provision or by this contract (and is available through a support agreement).
Customer Responsibility
• Under Company's Web Hosting Agreement, Customer is responsible for uploading website files and/or providing and setting up any website content. Company is not responsible for modifying or updating website material.
• Customer is responsible for the content of any postings, data or transmissions. This responsibility is extended to any individuals or entities given access to the account by the customer.
• While Company will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.
• Customer is responsible for updating and maintaining their contact information with Company. Any changes to the customer contact information must be provided to Company by mail or email. Customer is responsible for ensuring that Company is able to notify the customer for technical, billing or other issues or purposes deemed necessary by Company to maintain the account.
Lawful Purpose
• Company reserves the right to refuse service to anyone in violation of our Acceptable Use Policy (AUP) or anyone using our networks or servers for unlawful purposes.
• Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
• Customer accepts liability resulting from any breach of our AUP.
• Customer is responsible for making their end-users aware of all the policies of Company and is responsible for any breach of those policies by their end-users, as laid out in our AUP.
Payment Policies
• Accounts will not be reactivated without prior payment.
• All hosting fees and domain name renewal fees are due on or before the due date of the renewing account and/or domain name.
• Technical work or requested services will only be implemented once payment for the service has been secured.
• Incomplete signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
• We reserve the right to modify any billing prices subject to written notice via email or through a posting on our website.
• Any losses or expenses experienced by the customer, due to actions taken by the company in response to customer non-payment, is not the responsibility of Company.
• Excess Bandwidth Usage: Service will not be interrupted by bandwidth usage in excess of the quoted limits, but rather charged $2/1GB of Data Transfer over the limits. Billing for excess bandwidth usage will be made by separate invoice, payment due 15 days from notification.
Cancellation Policy
• We reserve the right to cancel any account for violation of our Acceptable Use Policy (see www.anttix.net/policies )
• If you do not wish to continue hosting with Company, it is your responsibility to contact us to cancel your account.
• Transferring a domain to a new hosting company does not constitute canceling an account with Company.
• All cancellation requests must be submitted by mail or email. You will need to indicate when you would like to cancel the account
• Should Customer fail to adequately notify Company of their intent to cancel an account, and the account is automatically charged and renewed, we will only refund any annual charges placed on the account after the date the official notification was received.
• For annual or semi-annual payments where the account is canceled before the end of the full term, clients will be refunded the difference between what was paid and the total cost through the end of the month the cancellation is requested in (using a pro-rated monthly rate), taking into account the required 30 days notice of cancellation for annual or semi-annual contracts.
• Any account canceled within 30-days of the initial sign up will receive a full refund for any paid for hosting fees. This refund does not include the domain registration or any setup fees for additional services requested.
• Upon termination of this agreement, The Client agrees to remove all uploaded software, data and content prior to the termination date of the contract. Anttix will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.
Account Ownership
• Ownership of the account is determined by the individual or company listed in our database as the person or company paying for the account. This is determined as being the individual or company listed as issuing the payments on the account.
• Customer is responsible for all use of the Client’s account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly.
• Company will only email account login information if we are able to verify the login for the account.
• Customer may modify the email address, provided Company can verify the status of the caller using the above method.
• Company is not liable for any account disputes that may arise between various parties holding Company account login information when the information has been distributed by the verified account holder. Company is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
• Company will act in accordance with the above ownership rules unless compelled by a domain dispute ruling as determined by ICANN (Internet Corporation for Assigned Names and Numbers), the domain name governing body.
Technology Parameters
• Customer is responsible for providing all telephone, computer, hardware and software equipment and services necessary to access Company networks, systems and servers. Company makes no assurances that the customer's equipment is compatible with its services.
• Company is not responsible for any service problems experienced due to the use of any programs, scripts or software that is not provided by Company nor resides on Company network, systems or servers.
• Company is not responsible for the correct functioning or trouble-shooting of any programs, scripts or software placed on our servers by the customer.
IP Address, Hardware, and Software Ownership
• Company owns and maintains (or obtains use of) all IP addresses assigned to our hosting accounts. We (and our IP provider) reserve the right to change or move them with prior notice.
• Any software owned by Anttix, all hardware and all IP addresses provided by Anttix are leased to
the Client and remain the property of Anttix.
Electronic Commerce
• Customer is responsible for maintaining and creating their own online store.
• Customer is responsible for ensuring that products or services sold or made available are not illegal, are accurately represented and that the content of the store and related offerings do not infringe the rights of others.
• Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
• Customer is responsible for the security of their customers' credit cards.
• Company cannot be held liable for any disputed business transaction/s between our customers and their customers.
Website Accessibility
• Customers website will made available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding the following circumstances:
1. Scheduled maintenance and regular system repairs as initiated by Company.
2. Down time caused by circumstances beyond Company control.
3. Down time caused by circumstances not reasonably foreseeable by Company such as (but not limited to) service problems experienced due to telecommunications or digital transmission links failures or interruptions, or general Internet failures or slow-downs.
• Anttix makes no guarantees as to the uptime of Customers Web site or application. The server is maintained by Rackspace.
Complaint Against Customer (excluding Trademarks and Copyright complaints)
• Generally speaking, unless Company is issued a court order, or otherwise required by law, Company will respond to third-party complaints or notices by submitting the information to Customer and asking Customer to respond appropriately. With few exceptions, we will not deactivate or delete customer accounts.
• Company does not proactively review the website content or email of our customers. In some situations, as outlined above or in our AUP, we will review website content or email to validate compliance with our AUP.
• We take no responsibility for the content or information contained on our customers' websites or within their email.
Emergencies/Use Affecting Others
• We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our customers, including but not limited to actions requiring us to deactivate your website, shut down our network, or review the content on your website to evaluate the reason for perceived behaviors.
• In rare instances, we may need to completely delete your website because of some significant failure, security breach or other emergency. In such cases, we do our best to backup your website, but we cannot ever guarantee a full restore of your website.
Backup/Restore
• Company cannot guarantee that the contents of your website will never be deleted, or that a backup of your website will always be available.
• We always RECOMMEND that our customers keep a local backup of their website. This means that all contents of a website should be copied to your local desktop computer and you should take steps to make a third backup (on tape, multiple floppies, another desktop, or elsewhere).
• Company makes a full backup of each server, each night (starting around 12am, MST). Backups are kept for 14 days. Data older then 14 days can NOT be restored.
• We charge an administrative fee to restore your website and it usually takes us approximately 24 to 48 hours to fulfill restore requests.
Privacy
• Company will not, without Customer's permission, release or sell Customer's contact information, unless legally compelled to do so. Please note that in some circumstances, such as a court subpoena, Commodity Futures Trading Commission subpoena (under US Title 7, USC 15), or FBI summons under US Title 18, USC 2703(c), we must release your contact information without your knowledge.
• Customer gives Company consent to contact Customer directly, via United States Postal Mail, email or phone, regarding its services, for customer survey feedback, general announcements or other information that Company may deem potentially important to Customer.
Termination of Agreement
• This agreement may be terminated by either party upon written notice of a breach of the policies laid out in this service agreement.
• The termination is valid if either party breaches any policies laid out in this agreement and the breaching party fails to remedy the breach within two (2) weeks of receiving written notification of the breach or if either party is the subject of a filing of bankruptcy action in any court of competent jurisdiction, whether initiated by the party or adjudged against the party.
Limitations of Liability
• Company operates a shared hosting environment, which affords a cost-effective hosting option for our customers and introduces some risk that a customer could impact others.
• We cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data.
• We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Company must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
• Company makes no warranty, express or implied in connection with its products and services, including without limitation any implied warranties of merchantability or fitness for a particular purpose.
• The maximum liability of company to customer for damages relating to company's failure to provide services shall be limited to reimbursement of the total fees paid by customer to company. Notwithstanding the foregoing, the maximum liability of company to customer for damages for any and all other causes whatsoever, and customer's maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to reimbursement of the total fees paid by customer to company. In no event shall company be liable for a) any lost data or content, lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the network, systems, software or the services provided hereunder, even if company has been advised of the possibility of such damages, or otherwise for any such claim, or b) for any damages or costs arising from any third party's actions, failure to act, or delay in performing any obligation whatsoever, without limiting the generality of the foregoing, company shall not be liable for personal injury or property damage.
Indemnification
Client agrees to defend, indemnify and hold harmless Anttix and their owners, officers, shareholders, directors, employees, affiliates and subsidiaries from and against any and all claims, demands, liabilities, proceedings, damages, injuries, losses, costs and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to:
a. Any acts or omissions by Client undertaken in connection with the Internet page, including, without limitation, those arising out of or related to any branch of:
i. any Client warranties, representations, or covenants hereunder;
ii. inaccuracy of any information, including false advertising claims and unfair competition claims
iii. claims and investigations made by any Federal or State agency arising out of information contained on the Client's Internet page.
b. Violations of any third-party intellectual property rights, or any claim of infringement, misappropriation or violation of a right of a third party (including, without limitation, a trade secret claim, a defamation or libel claim, or an obscenity claim).
Notices
All notices, demands or consents required or permitted under this Agreement shall be in writing or via signed email. Notice shall be considered effective on the earlier of actual receipt or: (a) the day following transmission if sent by facsimile or email if followed by written confirmation; (b) one (1) day (two (2) days for international addresses) after posting when sent via an express commercial courier; or (c) five (5) days after posting when sent via certified United States mail. If utilized, posted notice shall be sent to the address for each party set forth below, or at such other address as shall be given by either party to the other in writing:
Anttix, Inc.
1147 Brook Forest Ave., 108
Shorewood, Illinois 60404
Miscellaneous
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by Client except with Anttix’s prior written consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. This Agreement may not be modified except in writing signed by Client and a duly authorized representative of Anttix. The failure on the part of either party to exercise any right or remedy hereunder will not operate as further waiver of such right or remedy in the future or any other right or remedy. This Agreement shall be construed, interpreted, and enforced in accordance with the laws of the State of Georgia, excluding conflicts of law principles that would cause the law of another jurisdiction to be used to construe, interpret, or enforce this Agreement. Exclusive jurisdiction and venue for all disputes arising under this Agreement shall be in the state and federal courts residing in Joliet, Illinois for disputes involving Anttix. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. See www.anttix.com/terms for Anttix Policies (most recent versions).
