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YaaHosting.com Terms of Service Policy ("TOS")
is provided to give our customers and users a clear understanding of what
YaaHosting.com expects of them while using the service. All users of
YaaHosting.com services: those who access some of our services but do not have
accounts, as well as those who pay a service fee to subscribe to the
services, must comply with this AUP and our TOS (Terms of Service). Use of
YaaHosting.com service constitutes acceptance and agreement to YaaHosting.com
AUP as well as YaaHosting.com TOS (Terms of Service)
Terms of Service
YaaHosting.com's services may only be used for lawful purposes. Transmission
of any material in violation of International, Federal or State regulation
is prohibited. This includes but is not limited to: material legally
judged to be threatening or obscene, or material protected by trade secret
laws.
Your domain must be registered and belong to you.
If you are found in violation of the YaaHosting.com Hosting Terms of Service
Policy and Terms of Use. Your account will be terminated without notice
and you will forfeit all of the monies that have been paid to
YaaHosting.com.
Content:
Examples of unacceptable content include, but are not limited to:
- Copyrighted media, without authority to distribute or display
- Unlicensed applications
- Cracking programs or key generators
- Child pornography or kidnapping material
- Fraudulent activity, phishing, pyramid schemes, chain letters, Online Banking, any Courier company, forgery, or impersonation
- Terrorist propaganda, racist material, or bomb/weapon instructions
- Virus/Virii, Spyware, Malware, or other infectious material
- Material protected by trade secret or other statute
- Additionally, lacehost prohibits:
- IRC and associated programs (including psybnc, "bots", etc...)
- Scripts commonly used for abuse, attacks, or flooding
- Threatening, harrassing, or obscene content
- Legal adult content is permitted on all lacehost product lines. The viewing/downloading or possession of such information/data by lacehost clientele is not governed by lacehost policy, and is at your own discretion/free-will, and may be governed by your state/federal government.
Links to unacceptable content, as defined above, are also prohibited.
You specifically agree to indemnify and hold YaaHosting.com harmless from
any claims resulting from a breach of these terms, and/or their use of the
service, which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of the above.
Also includes any sites which provide "links to" or "how to" information
about such material.
Your domain must be registered and point to our name servers in 24 hours after we send e-mail with registrations details.
Spam
SPAM in any shape or form is NOT
permitted and is grounds for immediate account termination. Mailing lists
via a mailing list manager are acceptable as long as the list are OPT-IN
list that people have signed up for. Spam complaints from other users will
not be tolerated.
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any
of its many forms including, but not limited to: bots and IRC servers.
Chat rooms may be allowed on per use basis, so please ask one of our
support staff before setting one up. (Some cgi/perl based chat rooms over
utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we shall
have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect of
any loss or damage to data stored on the Server. You represent, undertake
and warrant to us that you will use the Web Site allocated to you only for
lawful purposes. In particular, you represent, warrant and undertake to us
that you will not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party, nor will you
authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any material, which is
unlawful, threatening, abusive, malicious, defamatory, blasphemous,
profane or otherwise objectionable in any way. (b) Any material containing
a virus or other hostile computer program. (c) Any material which
constitutes, or encourages the commission of, a criminal offence or which
infringes any patent, trade mark, design right, copyright or any other
intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and other confidential
information relating to your account and shall notify us immediately of
any known or suspected unauthorized use of your account or breach of
security, including loss, theft or unauthorized disclosure of your
password or other security information.
You shall observe the procedures, which we may from time to time prescribe
and shall make no use of the Server, which is detrimental to our other
customers.
You shall procure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner.
In the case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the Services
will not be used by anyone under the age of 18 years.
Any access to other networks connected to YaaHosting.com must comply with
the rules appropriate for those other networks.
while we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be free
from unauthorized users or hackers and we shall be under no liability for
non-receipt or misrouting of email or for any other failure of email.
Intellectual Property Rights
you shall obtain any and all necessary consents and clearances to enable
you lawfully to make use of all and any intellectual property rights
through the Services, including without limitation, clearance and/or
consents in respect of your proposed domain name.
Service Availability
We shall use our reasonable endeavors to make available to you at all
times the Server and the Services but we shall not, in any event, be
liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any
reason without notice, but if such suspension lasts or is to last for more
than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be
transferred or used by anyone other than you. No more than one login
session under any one account may be used at any time by you. User
programs may be run only during login sessions. If your account is found
to have been transferred to another party, or shows other activity in
breach of this sub clause, we shall have the right to cancel the account
and terminate the Services and/or this Agreement immediately.
Termination
We can not stress this enough the
following sites are prohibited: hate, warez, illegal anything, illegal
content, software trading, download libraries, chat room programs,
copyright infringement, trademark infringement, bulk emailing, unsolicited
emailing, newsgroup spamming, spam, spam related products and/or "anything
else determined by us as not in compliance with our Terms of Service
including abuse of server resources will be grounds for immediate
termination of service without notice" are expressively forbidden and
sites containing banned materials are subject to immediate termination
without refund.
Without in any way limiting our (YaaHosting.com) rights. If a site violates
these terms in any way, shape, or form, the site will be deleted from our
network. If 2 violations occur within a 90 day period the site will be
blocked from our network. Our warning schedule is below. First Warning
When you (or your clients) upload illegal content you (or your clients)
are knowingly violating the terms of service. Therefore there is no need
for a first warning. When you upload illegal files which violate these
terms you know what you are doing is against our policies. Second Warning
There is no second warning, the domain is deleted. You may recreate the
domain, however if illegal content is found on this domain again the
domain will be blocked from our servers. Questionable Situations If we
find content that is questionable and may or may not violate the terms of
service we will contact you. An example of a situation like this is a band
hosting their own music on our servers. However, you can avoid this step
if you notify us. If you are a band or if you are planning to upload a
large amount of files that are questionable please notify us before you
upload so we are aware of the situation. This will keep everyone happy.
If you fail to pay any sums due to us as they fall due, we may suspend the
Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions, we may terminate this
Agreement forthwith upon written notice.
If you are a company and you go into insolvent liquidation or suffer the
appointment of an administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled to
terminate this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services we shall be
entitled immediately to block your Web Site and to remove all data located
on it. We shall be entitled to delete all such data but we may, at our
discretion, hold such data for such period as we may decide to allow you
to collect it at your expense, subject to payment in full of any amounts
withstanding and payable to us. We shall further be entitled to post such
notice in respect of the non-availability of your Web Site as we think
fit. Accounts may be cancelled by the user with a 7 day notice.
YaaHosting.com reserves the right to cancel any account with or without
notice..
Legal
YaaHosting.com expects that its subscribers who provide Internet services to
others will comply fully with all applicable laws concerning the privacy
of on-line communications. A subscriber's failure to comply with those
laws will violate YaaHosting.com policy. Finally, YaaHosting.com wishes to
emphasize that in signing the service agreement, subscribers indemnify
YaaHosting.com for any violation of the service agreement, law, or
YaaHosting.com policy, that results in loss to YaaHosting.com or the bringing
of any claim against YaaHosting.com by any third-party. This means that if
YaaHosting.com is sued because of a subscriber's or customer of a
subscriber's activity, the subscriber will pay any damages awarded against
YaaHosting.com , plus costs and reasonable attorneys' fees.
Limitation Of Liability
All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied warranty
of satisfactory quality and fitness for a particular purpose are hereby
excluded.
Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the provision
of the Services shall be limited to the charges paid by you in respect of
the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the
claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.
Notices
Any notice to be given by either party to the other may be sent by either
email, fax or recorded delivery to the address of the other party as
appearing in this Agreement or ancillary application forms or such other
address as such party may from time to time have communicated to the other
in writing, and if sent by email shall unless the contrary is proved be
deemed to be received on the day it was sent or if sent by fax shall be
deemed to be served on receipt of an error free transmission report, or if
sent by recorded delivery shall be deemed to be served two days following
the date of posting.
Payment
All payments must be in US Dollars. PayPal and Credit Card (Visa,
MasterCard, American Express and Discover) and LibertyReserve, Moneybookers is currently the method of
payment used by YaaHosting.com.
All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date, we shall be
entitled forthwith to suspend the provision of Services to you.
Headings
Headings are included in this Agreement for convenience only and shall not
affect the construction or interpretation of this Agreement.
Entire Agreement
These terms and conditions together with any documents expressly referred
to in them, contain the entire Agreement between us relating to the
subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral: between us in
relation to such matters. No oral explanation or oral information given by
any party shall alter the interpretation of these terms and conditions. In
agreeing to these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms and
conditions and you agree that you shall have no remedy in respect of any
misrepresentation, which has not been made expressly in this Agreement.
Misuse Of Resources
Including but not limited to employing applications which consume
excessive CPU time and Chat/IRC scripts are not allowed on our network
under any circumstances.
If you are unsure about content you intend to place on our network, please
check with us before you do. We reserve the right to determine what
constitutes Terms of Service. We may amend these terms of service with or
without notice.
You are responsible for any domains that are placed onto our servers.
We do reserve the right to edit the terms of service at any time with
or without notice.
If you have any questions please e-mail us at
support@YaaHosting.com
Terms of Service Changes
YaaHosting reserves the right to change the terms set forth to our clients at any time,
without any form of notice to our clients, non-clients, or general public.
At all times customers are bound to the terms set forth. In no event shall YaaHosting or its Staffs'
lack of enforcement of these terms constitute a waiver of these terms at any time.
YaaHosting Acceptable Use Policy:
YaaHosting strictly enforces compliance with its acceptable use policy. You agree to maintain your website in full compliance with the terms set forth below and their spirit. As to YaaHosting Resellers, you further agree to implement and enforce standards that are at least as strict as the provisions set forth herein with any customer account that you maintain. Failure to so comply is cause for immediate suspension and/or termination of your account at the sole option of YaaHosting. You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
You agree not to take any action which threatens, encourages or causes any harm to minors of any kind or to perform any activity which is likely to cause such harm or which assists any other person or group in doing so.
You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property or assists any other person or group in doing so.
You agree not use your account to or otherwise knowingly or otherwise permit the violation any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including the following:
a. False or Misleading Header Information
b. Deceptive Subject Lines
c. Failure to provide an opt-out method
d. Failure to Identify the message as an advertisement
e. Failure to include a physical Postal Address
You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum. YaaHosting shall make the sole determination of what is “Inappropriate”.
You agree not to make or attempt any unauthorized access to any YaaHosting website or the website of any YaaHosting customer.
You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express consent. You shall maintain records of any such consent throughout the term of any agreement that you have with YaaHosting and for three years thereafter.
You agree not to undertake any action which is harmful or potentially harmful to the YaaHosting server structure.
You agree that the YaaHosting servers including the space occupied by your account is and remains the property of YaaHosting. Your limited license to use the service is not subject to lease, sublease or any other sharing or transfer without the specific, express consent of YaaHosting. You may not make your account (including but not limited to web space, email accounts, bandwidth, storage space, or reseller rights) available to any third party in any way, including but not limited to the use of Sub Domains, Add-on Domains, Sub Directories, or by any other means.
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post) and/or free adult image galleries on your website. You understand and agree that shared server space is for business and personal website operations purposes only and not for unrelated data storage.
You agree not to utilize "circular popups", "multiple popups" or any redirect, link or referral which creates an offensive or unpleasant user experience.
You agree not to abuse whether verbally or physically or whether in person, via email or telephone or otherwise (a) any other customer of YaaHosting (b) any reseller of YaaHosting (c) any other person or (d) any employee or contractor of YaaHosting.
You agree that YaaHosting will make the sole determination of any whether this policy has been violated. This policy may be amended by YaaHosting at any time without notice to you by posting the new policy in this location. Such new policy shall become effective immediately upon such posting for all accounts. It shall be your obligation to check this page regularly for updates to this policy.
When you register you must indicate on our website accurate information about yourself. We have the right to refuse you service in the event of fraud or attempts to hide the true information about yourself.
In the case of legal problems, you will be responsible as an individual on all claims for you.
YaaHosting Privacy Policy:
Privacy Statement yaahosting.com respects your privacy and works
hard to safeguard the privacy of your Internet activity.
We created this privacy statement to demonstrate our
firm commitment to the privacy of the users of our website.
Please read the following to learn more about our privacy
policy, and how we treat personally identifiable information
collected from our visitors and users.
Personally Identifiable Information
Privacy concerns center on information that
can be associated with a particular individual or entity.
This information is often referred to as "personally
identifiable information" and includes, for example,
such things as a customer's name, address, telephone
number, or e-mail address.
Disclosure
yaahosting.com will not disclose to outside
parties any personally identifiable information obtained
from the registration for or use of yaahosting.com's services
without the consent of the customer (except as required
by subpoena or other legal process, cases where yaahosting.com
suspects fraud, or in the case of imminent physical
harm to customers or others). When yaahosting.com uses
agents, contractors or other companies to perform services
on its behalf, yaahosting.com will require that they protect
your personally identifiable information consistent
with this Policy.
Collection and Use of Personally Identifiable
Information
yaahosting.com collects and uses personally identifiable
information obtained from you and from other sources
for billing purposes, to provide and change service,
to anticipate and resolve problems with your service,
or to identify, create and inform you of products, services
or special offers that better meet your needs. yaahosting.com
will not sell or disclose any of your personally identifiable
information to other companies or organizations without
your consent, unless compelled by a court order or subpoena.
We reserve the right, however, to convey any information
we collect from or about you to a successor-in-interest
or business partner.
In accordance with the Federal Children's Online Privacy
Protection Act of 1998 (COPPA), yaahosting.com will never
knowingly request personally identifiable information
from anyone under the age of 13 without first requesting
verifiable parental consent.
Collection of Internet Usage Data
yaahosting.com's network gathers information
about Internet usage such as IP address information
of users connecting to your site, IP address information
of FTP transfers, number of e-mails sent, and data transfer
usage.
E-mail
yaahosting.com will not read your outgoing
or incoming e-mail except in cases where yaahosting.com
suspects a user is violating Terms of Service and Terms of Service Policies. yaahosting.com or its agents may store e-mail
messages for a brief period of time and could be compelled
to disclose the messages in order to comply with a court
order or subpoena, if it is necessary to disclose this
information to protect yaahosting.com's network or an
individual's safety or security.
Security
yaahosting.com has in place security measures
and policy guidelines to protect your customer identifiable
information from unauthorized access.
Improper Conduct
yaahosting.com may also use customer
identifiable information to investigate and help prevent
potentially unlawful activity or activity that threatens
the network or otherwise violates the Terms of Service
and Terms of Service Policies.
Updates
yaahosting.com may at any time, without notice
to you and in its sole discretion, amend this statement
from time to time. Please review this statement periodically.
Your continued use of yaahosting.com services after any
such amendments signifies your acceptance thereof.
Customer Concerns
If you have questions or comments
regarding this privacy policy you may contact us at
support@yaahosting.com
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