Terms of Service
This is a contract between you ("you" or "your") and ANU Werkz (the "Company"). It states the terms and conditions which apply to your purchase and use, in any manner, of the ANU Werkz Design and Branding, CMS development and Server hosting (collectively, the "Solutions and Services"), as described at www.anuwerkz.com (the "Site").
All services provided by ANU Werkz may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any international law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is with "adult only" content, or material, protected by trade secrets and other statute.
Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites, promoting any illegal activity, violence or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:
- Pirated software or MP3 files
- Hackers programs or archives
- Warez Sites
- Spamming Software
ANU Werkz will be the sole arbiter as to what constitutes a violation of this provision.
ANU Werkz will monitor the customer's disk usage and if it exceeds the usage agreed upon, ANU Werkz shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.
Account Renewal Policy
ANU Werkz does not renew accounts automatically. For the customer's convienience, ANU Werkz will send a renewal reminder to the contact email address on file for the corresponding hosting account. The customer is ultimately responsible for renewing the hosting account through one of the options given by ANU Werkz.
Customers are not allowed to open a second hosting account for a domain that is already hosted through ANU Werkz. If the customer wants to continue hosting the specified domain with ANU Werkz, he/she needs to renew the account using one of the renewal options given by ANU Werkz.
Dispute Resolution Policy
In case of ownership dispute, ANU Werkz reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which ANU Werkz will decide who is the rightful owner of the disputed hosting account or domain name:
By default, ANU Werkz will grant ownership to the person, who paid for the hosting account. If the purchase was made by credit card or PayPal, the holder of the respective credit card or PayPal account will be considered the owner. If the purchase was made by Western Union, bank transfer, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. ANU Werkz reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.
If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, ANU Werkz will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.
In case of death or serious disability of the original owner, that prevent him/her from continuing to manage the hosting account or the domain name purchased, ANU Werkz may grant ownership to another person or organization, if enough proof is presented about the original owner's condition, and based solely upon the investigation that ANU Werkz will undertake about this issue.
ANU Werkz will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
Lost Login Information Policy
In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service.
If the contact e-mail address is outdated or incorrect, the customer should contact email@example.com, who will conduct an investigation of the issue, and assign a new proper contact e-mail address. In this case, the dispute resolution policy may be applied.
Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased. In case of failure to cover the fees incurred by traffic overusage, ANU Werkz reserves the right to take corrective actions such as discontinuance of service, or termination of this agreement. In case ANU Werkz takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.
Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.
Background Running Programs
Programs running in the background are not allowed.
We do not allow running of proxy software on our servers.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials
We do not allow running of proxy software on our servers.
Intellectual Property Rights
Materials, accessible to the customer through ANU Werkz's services, may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use ANU Werkz's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through ANU Werkz's network. If the customer uses a domain name in connection with ANU Werkz's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.
Customers may not use ANU Werkz's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. ANU Werkz will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
The customer may not host material that is:
- Threatening or obscene;
- Offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
- Harmful to minors;
- Likely to cause damage to reputation of third parties.
Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Spam or Unsolicited Email
The customer may not use ANU Werkz's network, ANU Werkz's equipment or ANU Werkz's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer's domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the ANU Werkz's network, ANU Werkz's equipment or ANU Werkz's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.
In case sufficient evidence is presented about any violation of this provision, ANU Werkz reserves the right to disable the customer's account without prior notice. For the purpose of acquiring such evidence, ANU Werkz will use various techniques, including but not limited to: closely inspecting all spam reports sent to ANU Werkz's anti-abuse department (firstname.lastname@example.org), searching the logs of ANU Werkz's mail servers, and scanning the server space for popular "spamming" applications. ANU Werkz will be the sole arbiter as to what would be considered sufficient evidence.
Any attempt to undermine, slander, libel, threaten or cause harm to ANU Werkz's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
ANU Werkz, at its sole discretion, may change these terms and conditions at any time. By using ANU Werkz's services the user agrees that ANU Werkz may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on ANU Werkz's web site, or on notification to the customer by e-mail. The customer agrees to review ANU Werkz's web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying ANU Werkz by e-mail or via the support web site (www.suresupport.com). Notice of the customer's termination will be effective on receipt and processing by ANU Werkz. The customer agrees that, by continuing to use ANU Werkz's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
The content available through this site is the sole property of ANU Werkz and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, ANU Werkz-owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without ANU Werkz's express prior written consent.
Refusal of Service
ANU Werkz reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, ANU Werkz reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.
ANU Werkz reserves the right at its sole discretion to refuse or cancel service. Violation of any of ANU Werkz's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.
THE CUSTOMER AGREES THAT ANU WERKZ SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF ANU WERKZ'S SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO ANU WERKZ'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY ANU WERKZ; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND ANU WERKZ'S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. ANU WERKZ ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ANU WERKZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANU WERKZ'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, ANU WERKZ'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.