Terms and Conditions of Service

By accessing, browsing, or using the website and services operated by Anayil (hereinafter referred to as "the Company," "we," "us," or "our"), available at anayil.com, hostinganayil.com, and anayil.com, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Service, together with our Privacy Policy and Cookie Policy, which are incorporated herein by reference.

If you do not agree to these Terms in their entirety, you must immediately cease all use of our website and services. Your continued use of the Services following the posting of any changes to these Terms shall constitute your acceptance of such changes. We reserve the right to modify these Terms at any time without prior notice, and it is your sole responsibility to review these Terms periodically for updates.

By using our Services, you also confirm that you are at least 18 years of age, or that you are the age of majority in your jurisdiction, and that you possess the legal capacity to enter into a binding agreement. If you are using the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

The Company provides a comprehensive suite of web hosting, domain registration, and digital infrastructure services, including but not limited to: shared web hosting, business hosting, WordPress-optimized hosting, reseller hosting, dedicated server solutions, Virtual Private Servers (VPS), SSL/TLS certificate provisioning, domain name registration and transfer, website design and development, local directory and citation services, business email solutions, and related ancillary services.

The specific features, parameters, pricing, and limitations of each service are detailed on the respective service pages of our website and within the service order confirmation provided at the time of purchase. We reserve the right to modify, suspend, or discontinue any service, feature, or functionality at any time without prior notice, except as may be required by applicable law.

We do not guarantee that our Services will be uninterrupted, error-free, or completely secure. While we maintain a Service Level Agreement (SLA) for uptime commitments as specified in your service plan, temporary interruptions may occur due to scheduled maintenance, emergency repairs, upgrades, or circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

To access and utilize certain Services, you are required to create a client account through our client portal. During the registration process, you must provide accurate, current, and complete information, including your full legal name, valid email address, physical mailing address, and telephone number. You are obligated to keep this information updated at all times. The provision of false, misleading, or incomplete information constitutes a material breach of these Terms and may result in immediate suspension or termination of your account.

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password. You must not share your account credentials with any third party. You shall be held fully responsible for all activities that occur under your account, whether or not you authorized such activities. If you suspect or become aware of any unauthorized use of your account, you must notify us immediately at security@anayil.com.

We reserve the right to suspend or terminate accounts that are inactive for a continuous period exceeding 12 months, provided we have given you at least 30 days prior written notice via the email address associated with your account. Account termination may result in the permanent deletion of all data associated with your account, including website files, databases, email accounts, and backups.

You agree to use our Services solely for lawful purposes and in strict compliance with all applicable local, state, national, and international laws, regulations, ordinances, and treaties. You shall not use our Services in any manner that violates any intellectual property rights, privacy rights, or other proprietary rights of any party.

Without limiting the generality of the foregoing, you shall not: (a) upload, transmit, or distribute any content that is unlawful, defamatory, libelous, harassing, threatening, abusive, hateful, obscene, or otherwise objectionable; (b) distribute or disseminate spam, unsolicited commercial email, chain letters, or pyramid schemes; (c) upload or transmit any viruses, worms, trojans, malware, or any other malicious or destructive code; (d) attempt to gain unauthorized access to any part of the Services, other accounts, computer systems, or networks connected to our servers through hacking, password mining, or any other means; (e) engage in any activity that interferes with or disrupts the Services, servers, or networks connected to the Services; (f) use our Services to host, store, or distribute content that promotes violence, terrorism, or illegal activities.

Any violation of this Acceptable Use Policy may result in immediate suspension or termination of your Services without refund, and we may pursue any legal remedies available to us under applicable law.

All content, features, and functionality of our website and Services, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the design, selection, and arrangement thereof, are the exclusive property of the Company or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal or business purposes, subject to these Terms. This license does not include any right to: (a) modify, reproduce, distribute, or create derivative works based upon our Services; (b) use any data mining, robots, or similar data gathering or extraction methods; (c) download any portion of our Services except as expressly permitted on the website; (d) use our Services for any competitive benchmarking or analysis.

You retain all ownership rights to the content you upload, publish, or display through our Services. By submitting content to our servers, you grant us a limited license to use, reproduce, modify, and distribute such content solely for the purpose of providing the Services to you. We do not claim ownership over your content.

In addition to the restrictions set forth in the Acceptable Use Policy, the following activities are expressly prohibited and constitute a material breach of these Terms:

• Cryptocurrency Mining: Mining cryptocurrency or operating mining pools on any shared, business, or reseller hosting plan without explicit written authorization from the Company.
• Phishing and Fraud: Hosting or distributing phishing pages, fraudulent websites, or any content designed to deceive users into disclosing personal or financial information.
• Distribution of Malware: Hosting, distributing, or linking to any malicious software, including but not limited to ransomware, spyware, adware, or keyloggers.
• Copyright Infringement: Hosting, distributing, or linking to any content that infringes upon the copyrights, trademarks, or other intellectual property rights of any third party, including pirated software, movies, music, or other protected works.
• Botnets and Command & Control: Operating, controlling, or facilitating botnets, command-and-control servers, or any network of compromised devices.
• Excessive Resource Usage: Consuming excessive server resources (CPU, RAM, disk I/O, network bandwidth) that materially degrade the performance of our servers or negatively impact other clients on shared infrastructure.
• Proxy and VPN Services: Operating public proxy servers, open relay servers, or VPN services without explicit written authorization from the Company.
• Adult Content: Hosting pornographic, adult, or sexually explicit content without explicit written authorization from the Company and compliance with applicable laws.

The Company is committed to providing reliable and consistent service availability. We guarantee a network uptime of 99.9% for all hosting plans, measured on a monthly basis. Network uptime is defined as the percentage of time during a calendar month that our network infrastructure is operational and accessible from the internet, excluding scheduled maintenance windows.

Scheduled maintenance windows are communicated to clients at least 48 hours in advance via email and our announcements page. Unscheduled emergency maintenance may be performed without prior notice when necessary to address critical security vulnerabilities or infrastructure failures.

In the event that we fail to meet the 99.9% uptime guarantee, eligible clients may request a service credit equivalent to one day of the affected service for each hour of downtime exceeding the SLA threshold, up to a maximum of one month service credit. Service credits must be requested within 7 calendar days of the downtime incident and are the sole and exclusive remedy for SLA breaches. Service credits are not refundable and may only be applied toward future service invoices.

The SLA does not apply to downtime caused by: (a) client actions or omissions; (b) third-party network failures beyond our reasonable control; (c) force majeure events; (d) scheduled maintenance windows; (e) DNS propagation delays; (f) issues with client-configured software, applications, or scripts.

The Company offers a 30-day money-back guarantee on all shared hosting, business hosting, WordPress hosting, and reseller hosting plans for new clients. If you are dissatisfied with our hosting services within the first 30 days of your initial purchase, you may request a full refund of the hosting service fees. This guarantee applies only to the initial purchase and does not extend to renewals, add-ons, domain registrations, SSL certificates, or other one-time services.

Domain name registrations, domain transfers, and domain renewals are non-refundable once the registration or transfer has been processed with the domain registry. SSL certificate orders are non-refundable once the certificate has been issued by the Certificate Authority. Dedicated server and VPS services are eligible for a refund within the first 7 days of service if the service has not been used for any prohibited activities.

To request a refund, you must submit a cancellation request through our client portal or by contacting our billing department at billing@anayil.com. Refunds will be processed within 5-10 business days to the original payment method. Any fees charged by payment processors or financial institutions for the refund transaction shall be deducted from the refund amount.

Cancellations after the money-back guarantee period will be effective at the end of the current billing cycle. No partial-month or prorated refunds will be issued for unused service periods beyond the guarantee period, except where required by applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

The Company shall not be liable for any loss, damage, or alteration of data, files, or content stored on our servers. You are solely responsible for maintaining adequate backups of all data. We strongly recommend implementing a comprehensive backup strategy, including off-site backups, and verifying backup integrity on a regular basis.

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms, your use of our Services, or any other matters between you and the Company shall be resolved through the following dispute resolution process:

Step 1 - Informal Resolution: You must first contact us at legal@anayil.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 business days of receiving your notice. If the dispute is not resolved within this period, either party may proceed to the next step.

Step 2 - Arbitration: Any dispute that is not resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in Miami-Dade County, Florida, and may be conducted remotely via video conference. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against the Company.