Acceptance of Use Policy
Affiliate Terms and Conditions
Terms of Service
For all Hosting please allow up to 7 working days for the order to be processed. You will be informed throughout the process. This will not affect the duration of the hosting, as it will not begin until the service is usable by the customer.
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly or yearly service term (Customer's choice), for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Andrew Colby’s service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice.
1.5. Andrew Colby is not and shall not be responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Andrew Colby’s services.
1.6. Customer agrees to pay all GST applicable to your account (GST is included in all costs quoted on Andrew Colby website).
2. Agreement for Services.
2.1. Andrew Colby will provide, and Customer will purchase and pay for, the website design and or hosting services and any other services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement.
2.2. In connection with any Hosting Services, if Customer’s actual bandwidth, Disk Space usage in any month exceeds the allotted amount specified in Customer’s contract, Customer will pay Andrew Colby any additional fees as required to cover excess usage costs. Customer understands that upgrading to the next higher account, which will include increased bandwidth is an option available at any time.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Andrew Colby.
3.1.1. Customer must pay in full for the Services before Andrew Colby begins to provide the Services to Customer.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup, unless specified that no set up fees are due.
3.2. Payment is due on the defined monthly recurring billing date of each month. Customer approves the recurring billing of Customer's Credit Card at the amount and at the frequency chosen by Customer.
3.2.1 Hosting Renewal charges will occur at the due date. If automatic credit card charging on the due date fails, Service will be interrupted on accounts that reach 10 days past due. All accounts that are interrupted for being 10 days overdue will be charged a 10% late fee.
4. Delinquent Accounts.
Andrew Colby may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Andrew Colby may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by Contact Andrew Colby Directly by Email or Telephone.
Once a Customer has cancelled their account, no more charges will be billed to the credit card. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Andrew Colby does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be non-refundable. After contact is made stating clearly of Cancellation is submitted, Andrew Colby reserves the right to immediately terminate your account. No backups will be provided after cancellation.
To cancel a shared or reseller account you must contact Andrew Colby stating clearly of Cancellation 5 days before your account re-bills. If no contact is made stating clearly of Cancellation is not submitted 5 days before your account re-bills you will be responsible for the next months payment.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO Andrew Colby ARE NON-REFUNDABLE.
All payments to Andrew Colby are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge-backs, which, in Andrew Colby's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
6.1. 30 Day Money Back Guarantee is only offered on shared hosting and reseller hosting. Not including Virtual Private Servers, Dedicated Servers, Semi-Dedicated Plans, Domain Names, Dedicated IP addresses and/or any other addon service ordered. The 30 day money back request must be made within 30 days of the account creation and can only be applied on your first order. There will be a full refund of the amount paid for the shared or reseller plan if filed within the 30 day period. Virtual private server refunds will exclude approximately £25 cpanel or DirectAdmin or Plesk license fee, if cpanel or DirectAdmin or Plesk was ordered or included.
6.2. If you have a monthly uptime of :
(99.9%- 89.9% uptime) - No Refund
(89.9%- 79.9% uptime) - 12% Refund
(79.9%- 69.9% uptime) - 25% Refund
(69.9%- 59.9% uptime) - 50% Refund
(59.9%- 49.9% uptime) - 100% Refund
You will not receive a refund larger than what you have paid. A refund will not be issued on addon services, but only on the actual services fees and hosting monthly fee. All statistics will be measured by our software.
Andrew Colby does not include the following events in the calculation of the monthly uptime, since we have no control over the events. Andrew Colby shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or DDOS attacks, or hardware failures, or scheduled maintenance or any cause beyond the reasonable control of Andrew Colby.
6.3 48 Hour Business Day Response is valid only for current clients that have a valid support ticket/email number in the correct Andrew Colby department. You cannot receive credit if there is not a response in that time. Users abusing the ticket/email system will not receive any refund.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. Andrew Colby reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy,
8.2. the No-Spam Policy,
8.3. Copyright Statement
9. Customer agrees to defend, indemnify, and hold harmless Andrew Colby, its divisions, agents, subsidiaries, successors, assigns, employees of Andrew Colby against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable legal fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
10. Andrew Colby SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF Andrew Colby’s SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
11. Andrew Colby PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Andrew Colby DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND Andrew Colby SHALL HAVE NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Andrew Colby DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. Andrew Colby DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
14.No Waiver of Rights by Andrew Colby.
Any failure by Andrew Colby to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Andrew Colby’s rights.
15.1. From Andrew Colby to Customer.
Andrew Colby will notify you by e-mail of any notices that Andrew Colby is required to provide to you under this Agreement, at the most current e-mail address you have provided to Andrew Colby.
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Andrew Colby has your most current e-mail address, and Andrew Colby shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Andrew Colby sends to the most current e-mail address you have provided to Andrew Colby.
15.2. From Customer to Andrew Colby.
Unless otherwise specified in this Agreement, notices to Andrew Colby shall be sent to the following address:
Tel: +420 608 771 200
Address: 51/38 Nalepkova,
607 00, Czech Republic
16. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in Euro (EUR).
18. Value Added Tax (VAT).
19. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Andrew Colby, and supersedes any prior or previous agreements between you and Andrew Colby with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Andrew Colby notifies you from time to time, pursuant to this Agreement.
20. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
21.1 Customer shall not assign or attempt to assign its obligations under this Agreement without Andrew Colby’s prior and express written consent to such assignment.
21.2. Andrew Colby may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Andrew Colby.
23. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the United Kingdom. This Agreement shall be governed by the laws of England and the laws of the United Kingdom.
24. Force Majeure.
Andrew Colby shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Andrew Colby.
25. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
26. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Andrew Colby’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
The use of services from Andrew Colby, constitutes agreement to these terms.
1: Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address, which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.2: Content
Our transfer's team will make every effort to help you move your current website to our servers; however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best; however, in some cases we may be unable to assist you in a transfer of data from an old host.
All services provided by Andrew Colby may only be used for lawful purposes. The laws of your governing country apply as well as the laws of the United Kingdom.3: Zero Tolerance Spam Policy
The customer agrees to indemnify and hold harmless Andrew Colby from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.
Examples of unacceptable material include:
Proxy Scripts / Anonymizers
Pirated Software / Warez, ".img" / image hosting only sites that do not host an actual domain name
Escrow, High-Yield Interest Programs(HYIP) or related sites
Investment sites (FOREX, egold exchange)
Auto Surf sites
Bank Debenture Trading Programs
Prime Banks Programs
Mud's / RPG's
Hacker focused sites/archives/programs, or sites promoting illegal activities.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Your services will be terminated with or without notice and violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as usernames and passwords.
It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice and all data in their account will be lost.4: Payment Information
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP racks being blacklisted will be immediately suspended and/or terminated.
Andrew Colby reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at our discretion.
You agree to supply appropriate payment for the services received from Andrew Colby, in advance of the time period during which such services are provided. You agree that until and unless you notify Andrew Colby of your desire to cancel any or all services received, those services will be billed on a recurring basis.5: Backups and Data Loss
Cancellations must be done in writing by submitting a support ticket/email to Andrew Colby. Andrew Colby reserves the right to change the monthly payment amount and any other charges at anytime, however we operate a "price freeze" guarantee which will ensure that your package price will not increase during the time period that you have purchased. If our prices have increased before you have reordered you will be required to pay the new amount.
Your use of our services is at your sole risk. Andrew Colby is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.6: Cancellations and Refunds
We provide the ability for you to backup the entire contents of your server package with us through your Control Panel or another form such as an ftp client and we advise that you take a weekly backup of your server contents to ensure against any data loss. We strongly recommend that you also take a backup via FTP by copying all files to your PC, this includes any databases you have in use.
Andrew Colby reserves the right to cancel your account at any time with or without notice if these terms have been broken.7: Bandwidth Usage
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at the end of their yearly contract, or at the end of their billing month (for hosting only customers). We do not provide refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us
Violations of the Terms of Service will waive the refund policy.
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.8: Free Hosting
Free hosting is only allocated to Andrew Colby customers and cannot be resold. Andrew Colby is not responsible for maintenance, data loss or deletion of any data and is in no way linked to the hosting web space that is allocated for the Customer.9: Indemnification
Customers agree that they shall defend, indemnify, save and hold Andrew Colby harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Andrew Colby, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Andrew Colby against liabilities arising out of;9a: Arbitration
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Andrew Colby IT Ltd.
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from Andrew Colby's servers.
By using any Andrew Colby services, you agree to binding arbitration. If any disputes or claims arise against AnsUK or its subsidiaries, such disputes will be handled by an arbitrator of Andrew Colby's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.10: Disclaimer
Andrew Colby and Andrew Colby will not be held liable for any losses or damages caused by or related to use or loss of our service including but not limited to downtime, loss of data or lack of backups. Our backups are not intended to replace your backup procedures. If your account holds important data then it is your sole responsibility to ensure its integrity and backup reliability as necessary. We disclaim any warranty, fitness for purporse or service level agreement exceeding our Service Level Agreement as stated earlier in this document.11: Free Downloads
Any free downloads provided are not supported by Andrew Colby and are used at your own risk. Should a support issue arise you should contact the developer of such software/products for support. Andrew Colby will not be held responsible for any issues relating to such items.12: Disclosure to law enforcement
Andrew Colby may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.13: Adult Content
Legal adult content as defined by UK law is permitted on our servers. If you have any questions relating to adult content and whether the content of your website would be permitted on our servers, please contact us for further clarification.14: DCMA Act (Digital Millennium Copyright Act)
It is our policy to respond to clear notices of alleged copyright infringement. If it is brought to our attention that content held on our servers are in breach of the DCMA Act the content will be immediately removed and a warning issued to the account holder. If a second breach is given then the account in question will be terminated and you will be given 24 hours to remove all of your data from our servers. Once this time has passed all content will be deleted and will be un retrievable.
We reserve the right to revise its policies at any time without notice.
("Site"). This Policy is devised to help you feel more confident about the privacy and security of your personal details.
"You" shall mean you, the user of the Site. "We/Us" means Andrew Colby and any member of the Andrew Colby Group of companies "Users" means the users of the Site collectively and/or individually as the context allows.
We process personal data only in strict compliance with the Data Protection Act 1998 and associated legislation. Andrew Colby is registered with the UK Data Protection Act of 1998. For your reference, our Data Protection Reference Number is: Z9828290.
How we may use your data
By entering Your User Information, You accept that we may retain Your User Information and that it may be held by Us or any third party company which processes it on Our behalf.
We shall be entitled to use Your User Information for the following purposes:
1. market research, including statistical analysis of user behavior which may be used for in-house analysis.
2. in order to enable Us to comply with any requirements imposed on us by law.
3. in order to send You periodic communications (this may include e-mail), about features, products and services, events and special offers. Such communications from Us may include advertising for third party companies or organisations.
For your convenience you can withdraw consent by replying to the "unsubscribe" link in e-mails from us.
Please also note that we do not disclose your personal information to third parties to enable them to send you direct marketing under any circumstances.
Security and Data Retention
Security is very important to Us. Secure Socket Layer ("SSL") encryption technology is used for protection of information in transit for any sensitive transactions such as payments. Additional security procedures are in place to protect the confidentiality, integrity and availability of Your User information.
We will comply with all relevant Data Protection legislation in relation to the period for which We retain any information You disclose to us.
You may notify us of any updates, amendments and corrections to previously collected User Information by Contacting Us using the information provided at andrewcolby.com.
NOTHING IN THESE INSTRUCTIONS OR ON THIS SITE CONSTITUTES EITHER CONSENT OR AN AGREEMENT BY Andrew Colby, ITS REPRESENTATIVES, ATTORNEYS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO ACT ON YOUR BEHALF. THESE ARE COMPLEX LEGAL ISSUES, AND Andrew Colby RECOMMENDS THAT YOUR RETAIN YOUR OWN LEGAL COUNSEL TO DEAL WITH THESE MATTERS.
Andrew Colby respects the intellectual property of others, and we ask our customers to do the same.
If you believe that your copyrighted work has been copied and is accessible on any site for which Andrew Colby provides hosting services, in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web site where it is posted or the name of the book in which it has been published.
4. A copy of the copyright registration, or other suitable proof of ownership, for the material you believe is being infringed.
5. A description of the manner in which your copyright is being infringed.
6. Identification of the URL or other specific location on the site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material. Andrew Colby will not search for the allegedly infringing copy; you must identify it specifically.
7. Your full legal name, complete postal mailing address, area code and telephone number, and e-mail address.
8. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
9. A statement by you, made under penalty of perjury, that all of the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement can be reached via
Acceptance of Use Policy
2. General Prohibitions.
1.1. This website gives you the ability to learn about Andrew Colby and its products and services as well as the ability to access our services. By using this site, and any other sites or services owned, operated, or provided by Andrew Colby, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in the Agreement shall mean the Andrew Colby Customer of record and that Andrew Colby Customer's end users.
1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Andrew Colby ("Company") governing the use by the Customer ("Customer") of the Company's services and products ("Services and Products"). The purpose of Andrew Colby's Acceptable Use Policy (the AUP") is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Andrew Colby. Andrew Colby reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers.
1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and Andrew Colby Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Andrew Colby reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP to http://www.andrewcolby.com/acceptanceofusepolicy.html (Currently Not Available) or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as Andrew Colby deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM Andrew Colby.
1.7. Any questions or comments regarding the AUP should be directed to Andrew Colby by Email or Telephone for issues concerning the AUP.
3. Compliance with Law.
You may not use this site or Andrew Colby's Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Andrew Colby Network, or Andrew Colby's Services, or any other party's use or enjoyment of this site, the Andrew Colby Network, or Andrew Colby's Services.
Customer shall not use Andrew Colby's Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Andrew Colby's sole discretion:
3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-Australian law, ordinance, or regulation,
3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another's privacy, tortuous, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, "Persons"),
3.3. threatens or encourages bodily harm or destruction of property,
3.4. harms any person,
3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
3.6. is posted in violation of a newsgroup charter,
3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer,
3.8. violates any terms or conditions of any other network access provider or Internet service provider,
3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy, or
3.12. has a negative effect on Andrew Colby or its network (including, without limitation, overloading servers on the Andrew Colby Network; causing portions of the Andrew Colby Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Andrew Colby, impose an unreasonable administrative burden on Andrew Colby; etc).
It is understood that Everything Created by Andrew Colby (andrewcolby.com) Is owned by Andrew Colby and copyrighted by Andrew Colby. It is understood that the anything that is created by Andrew Colby (andrewcolby.com) cannot be resold without the permission of Andrew Colby and cannot be duplicated in anyway or means. There is a possibility to purchase the full ownership rights by contacting Andrew Colby through the many available means.