The Client understands and accepts the terms of this agreement and agrees to pay for these services according to the Company’s billing policies. Analogue reserves the right to change fees or charges of service.
Analogue makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of this service for a particular purpose. Analogue takes no responsibility for damages suffered by The Client including, but not limited to, loss of data from delays, non deliveries, misdeliveries, or service interruptions caused by Analogue’s own negligence or The Client’s errors and/or omissions.
Analogue services may only be used for lawful purposes. Transmission of any material in violation of U.K., E.U. or international regulation is prohibited. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. The Client agrees to indemnify and hold harmless Analogue from any claims resulting from The Client’s use of this service which damages The Client or another party. Analogue reserves the right to terminate The Client’s account for any inappropriate usage.
Use of any information obtained via this service is at The Client’s own risk.
The Client must be 18 years of age or older. If The Client is under 18 years of age, then a parent or legal guardian must sign this form. The Parent or legal guardian assumes responsibility for this account.
The Client assumes full responsibility for use of this account by others to whom The Client has granted access.
The Client may not re sell, sublet or offer for free any account access, server space and/or privileges to others, unless The Client has been expressly authorised by Analogue.
The Client agrees to pay for this account on or before the billing due date (1st of each month). If payment is not received by the 10th of each month, the account will be charged a £5.00 late fee. If Payment is not received by the 30th of each month the account may be suspended. There is a £50.00 fee for re-activation. Termination of an account due to lack of payment does not remove The Client’s responsibility under this agreement to pay all fees incurred up to the date cancelled including any collection fees incurred by Analogue. There is a £20.00 charge for returned cheques.
The Client is provided an agreed amount of storage space on our servers. If The Client exceeds that size limit, The Client agrees to charges at the current rate for excess storage.
The Client understands that a minimum contract term for services is 12 months from date of account opening.
The Client understands and agrees that Analogue has no obligation to preserve or protect any rights which the Client may have in any information placed on the System, and shall not be responsible for backing up information placed on the System.
The Client also understands and agrees that the use of beta programs is strictly prohibited within Analogue’s servers. The Client further agrees not to use any software, java programs, cgi scripting or other executable coding that may cause harm or excessive wear to Analogue systems.
The Client agrees NOT to use any monitoring service, ping program or traceroute program to monitor Analogue systems, services or servers. Analogue monitors its’ network 24 hours per day, and monitoring by clients without the express written consent (additional fees will apply if approved) of Analogue is strictly prohibited and can lead to immediate suspension or cancellation without notice at the sole discretion of Analogue.
The Client further agrees not to misuse system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the customer’s own account; resale of access to CGI scripts installed on Analogue’s servers; or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer’s site.
Analogue defines unlimited bandwidth as the customer will not be charged for actual bandwidth usage. However if the site is determined by the System Administrator as a continually high (greater than 1 gig per month) bandwidth consumption site, Analogue then reserves the right to upgrade the customers account to any higher level of hosting services and/or increase monthly pricing to cover the cost of bandwidth/system resources.
Analogue may cancel this account at any time for violation of any of the terms set forth herein, and/or to prevent any damage to Analogue’s systems. Client’s with prepaid contracts (3 months, 6 months, 12 months) will be reimbursed for any unused fees where appropriate on a pro-rated basis.
These terms and conditions supersede all previous representations, understandings, or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
These terms and conditions are subject to change without notice. A current copy will always be available upon request.
The Client understands and accepts the terms of this agreement and will be bound to this agreement once the Client’s account has been activated.
Analogue will not be liable for failure or delay in performing it’s obligations if such failure or delay is due to circumstances beyond it’s reasonable control, including but not limited to acts of any govermental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
You agree that Analogue will not be responsible for any losses that may incur where services are accessed by third-parties through illegal or otherwise unauthorised means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to Analogue at the time) which may exist in the services or in Analogue’s equipment used to provide the services.
Under no circumstances will Analogue be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Analogue will not be liable to customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorised access to Analogue’s records, programs, equipment or services.