The Ardrey Image Bank provides a Web Hosting service. All users on our servers are subject to the terms and conditions detailed below. Placing, or having placed on your behalf, any information or data on The Ardrey Image Bank’s servers is an acknowledgement that you have read, understood and agree to be bound by the terms and conditions of the agreement.
1. User conduct
The Ardrey Image Bank’s services may only be used for lawful purposes and any use that contravenes any local, national or international laws which may apply to us or you, or any other jurisdiction that you or your site may be subject to is absolutely prohibited.
Your use of the services must not:
• Restrict or inhibit any other user from using and enjoying the Internet;
• Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, offensive, indecent, pornographic, or otherwise objectionable information of any kind;
• Violate laws protecting intellectual property including copyright, trademark, trade secret;
• Post, publish, transmit or distribute any information or software which contains a virus or other harmful component;
• Post, publish, transmit, reproduce, distribute, software, or other material which you do not have the rights to do so.
2. Indemnification
You agree to indemnify, defend, and hold blameless The Ardrey Image Bank from any and all liability, losses, penalties or any other costs caused by or resulting from your use of the service
3. Refusal and discontinuance of service
The Ardrey Image Bank holds the right to refuse or discontinue service or to deny access to part or all of the services if, at the sole discretion of The Ardrey Image Bank’s you engage in any conduct or activity that breaks the terms and conditions of this agreement. Furthermore, The Ardrey Image Bank has no responsibility to notify any third-parties and accepts no responsibility for any consequences resulting from discontinuance of service or lack of notification.
4. Monitoring of use
You agree that The Ardrey Image Bank has the right to monitor the use of its services and to disclose any information required to satisfy the law and to protect its subscribers and itself.
5. Right to remove
The Ardrey Image Bank has the right to refuse to post or to remove material which it believes to be unacceptable or contravenes the terms of this agreement.
6. Warranties
The Ardrey Image Bank’s services are offered on an "as is" and "as available" basis. No warranties of any kind, either express or implied are offered and no employees or agents have the right to create, provide or imply that any warranty is in force. The Ardrey Image Bank gives no warranty or guarantee that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. The Ardrey Image Bank is not liable for any direct, indirect consequential damages that may result from your use of, or inability to use any of the services, nor is any responsibly accepted for any third parties' use of, or inability to use any of the services. This includes access or inability to access your web space, or any part of the internet for whatever reason. This includes mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance of The Ardrey Image Bank. If you are dissatisfied with the services of The Ardrey Image Bank or disagree with any of the terms and conditions, your only recourse is to stop using the service.
7. Availability of information
You understand that any information you place on The Ardrey Image Bank’s becomes available to all Internet users and that The Ardrey Image Bank has no way of limiting or restricting access to such information. One effect of this is that we have no way of protecting such information from copyright infringement. You assume total responsibility and risk for your use of The Ardrey Image Bank’s servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through The Ardrey Image Bank or on the Internet generally.
8. Electronic Communication Privacy Act (ECPA) notice
The Ardrey Image Bank reserves the right to monitor any and all communications through or with our facilities, and you should understand that The Ardrey Image Bank is not a "secure communications medium" for the purposes of the ECPA, and that you should have no expectation of privacy.
9. Identification of users and subscribers
You agree to supply (and keep up to date) The Ardrey Image Bank with your true name, postal address and telephone number. You also agree that you are fully authorised user of any debit or credit card you use in relation to your dealings with us. We are obliged to investigate any fraudulent credit card use.
10. Interference with the operation of the system
Any attempt to maliciously or intentionally interfere with any of the operations or systems operated by The Ardrey Image Bank will result in termination of any contracts and removal of service. Additionally, we may look to take action against you to recover any losses we may incur as a result of your actions.
Any attempt to gain access beyond that which you are authorised will be considered to be a serious breach of the terms and conditions and will result in immediate termination of service. You further agree not to use any of the Ardrey Image Bank systems to gain access to or interfere with the proper operation of other systems (including third party) accessible through the Internet. You agree to follow the Acceptable Use Policy of any network or service you connect to.
11. Security
You are solely responsible for the security of any accounts you hold with The Ardrey Image Bank and you further agree that if you become aware that the security of your account has been compromised, that you will notify The Ardrey Image Bank immediately. You agree that if any security breaches are believed to have occurred any of your accounts, The Ardrey Image Bank has the right to suspend access to the account in order to protect its self and other users.. You also understand that The Ardrey Image Bank has a duty to cooperate in any legal investigation regarding any aspect of our services. This includes any attempt to engage in software piracy or other violations of law. Any breaches will result in the suspension of your accounts.
12. Data backup
The Ardrey Image Bank is not responsible for files or data on your account. You agree to take full responsibility for the files and data and to ensure appropriate backup of files and data stored on The Ardrey Image Bank’s servers.
13. Spamming
You must not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail. The use of The Ardrey Image Bank or any other service accessed through our servers for unsolicited mass mailings, postings, or other activities - commonly referred to as "spamming" - is forbidden and may cause your services to be terminated without notice.
14. Payment for service and notice periods
Payment for the services received from The Ardrey Image Bank, are due in advance of the time period during which they are provided. Setup fees are non-refundable. You agree that 90 days notice is required for cancelation of service. Should you wish to cease or transfer the service to another provider sooner than 90 day, you will be required to pay for the 90 day period even though the Ardrey Image Bank will not be providing a service.
Should your service be terminated because of breach of the terms and conditions, payments made in advance will not be refunded.
A fee of £7.50 will be charged for late or failed payment.
15. Suspension and termination of service for late or failed payment
Services will be suspended once a payment is 30 days late. Accounts will be terminated and date removed from the servers if payment is 60 days in arrears.
16. Severability
If any part or parts of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and said provision shall be reformed to the extent necessary to make it enforceable.
17. Jurisdiction
This agreement shall be governed by the laws of the United Kingdom.
18. Acknowledgment
By continuing to use the services of The Ardrey Image Bank you are acknowledging that you have read and fully understood the terms and conditions and that you agree to be bound by them.