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Terms, Conditions and Acceptable Use Policy.

YOUR-SITE Virtual Servers (herein referred to as "Your-Site") provides Internet World Wide Web page hosting and e-mail services. Your-Site has certain legal and ethical responsibilities regarding the use of its computer network and equipment involved in these services.

Your-Site's general policy is to act as a neutral provider of access to the global Internet. Your-Site has specific ethical concerns regarding the use of its computers detailed below. Your-Site reserves the right to suspend or cancel a customer's access to any or all services provided by Your-Site should Your-Site deem that the account has been inappropriately used, even for events that are not specifically outlined in this document.

Customer represents that he or she, is either an individual entering this AUP for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of customer is duly authorized to accept, execute and deliver this AUP on behalf of customer.

The Customer agrees that Your-Site retains the exclusive right to sell or otherwise transfer the customer's Your-Site Account to another service provider at Your-Site's sole discretion. This may be accomplished without consulting or obtaining permission from the customer.

Customer agrees to periodically consult this website for changes or amendments to this AUP. Your-Site may, but is under no obligation to, provide notices of any amendment, modification or update of this AUP via e-mail to Customers.

 
 

Specific Acceptable Use Policies

Unauthorized use of other people's accounts or computers

Your-Site will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "social engineering" (tricking other people into releasing their passwords), password cracking, security hole scanning etc.
Any unauthorized use of accounts or computers by a Your-Site customer, whether or not the attacked account or computer belongs to Your-Site, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, according to the seriousness of the attack.

Commercial Advertisements Within E-mail and Spamware

Unsolicited commercial advertisements are not allowed in e-mail, and will result in account suspension or cancellation.

Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Using "instant message software" such as AIM or anything similar to send spam messages are treated identically to email spam and will result in similar action taken against the sender.

Users with maling lists must comply with the CAN-SPAM ACT. The requirements can be found here.


Upon your first Spam offense your account will be terminated and a maintenance fee of $200 will be billed to your payment method used upon sign up. This is due to the enormous amount of time it takes to serve spamming victims. If customer paid by credit card, they agree to pay this fee as part of the AUP.

Sites that provide or sell email address lists, offer software or services to acquire e-mail addresses or market to email addresses by any means other than confirmed opt-in methods, e.g., harvesting addresses from web pages, newsgroup articles, and online directories, or mining addresses using "dictionary attacks" or automated processes for the purpose of deriving e-mail addresses without the knowledge and consent of the owners of those e-mail addresses will be terminated without issuing a refund.

Adult Oriented Websites


We do not allow adult oriented websites on our servers. We reserve the right to terminate any adult sites that are found on our servers without issuing a refund.

Use of Email, Disk Space and Bandwidth

Your disk space and account use is for your own use only. You may not resell or give away disk space, webspace, email accounts or any part of your hosting package to any third party. Please set your mail software to delete your mail from the server. It is the user's responsibility to ensure they are within the disk space limit at all times.


Each account comes with a set alotment of bandwidth. Transfer used above it will be automatically billed at $3 per gigabyte at the end of that month. Files uploaded via FTP do not count towards this limit. It is the users responsibility to ensure they are not using excess bandwidth, as we do not disable your website if it goes over the limit. We provide tools necessary so you can view the amount of bandwidth your account is using.

Each website shares its diskspace with all email accounts on the same domain name and is limited to 50,000 files per account regardless of space. If your account comes with 5gb of storage then that space is shared between the website and all the email addresses. Accounts going over this space or file number limit will cause the account to be locked, preventing new emails from arriving. Email is not a file storage system; we ask that you do not store messages on the server but rather download them via a pop3 client to your personal PC. Accounts are limited to sending 1440 emails per day. Attachments are limited in size to 20 megabytes for both sending and receiving.

Disk space is to be used for website related files only. If a stored file is not available to be publicly download on or in use by your website then you are not allowed to store it on the servers. The file servers are not to be used for personal file backups, file sharing or used as a storage service.

File backups and restore

Although Your-Site does back-up website data daily, the customer is solely responsible for independent backup of data stored on our servers. There is a fee of $100 for our administrators to retreive customers' back-up files. Your-Site does not back-up email.

Customers who use CGI scripts to maintain file-based databases should take precautions to ensure that data is not lost in the event of a shortage of disk space (including over quota errors), reboots or killed processes. At no time shall Your-Site be liable in the event a customer CGI application fails to take proper precautions and truncates user data, even in the event of a reboot or shortage of diskspace.

Maintaining Current Contact Information

Making sure all your contact information we have on file is current and correct is very important. Billing statements, as well as official notices regarding service, will be sent via email to the address provided by you. Failure to keep this information current may result in you missing critical system notifications or not receiving notice of billing issues with your account. It is your responsibility to maintain correct, updated contact information. This information should be updated at our billing interface site, https://billing.your-site.com . The information provided will not be sold, loaned, given away or made available to anyone. The only exception to this is if you have asked us to register a domain name for you; certain information is required by the registrar for registration purposes. You can view the specific registration agreement at the bottom of this page.

Maintaining a current and valid creditcard on file is required. This creditcard will only be used to pay for invoices relating to your account, including disk space and bandwidth overages as well as any extra add-ons that you order. Failure to maintain an updated creditcard will result in your account being suspended or terminated. You can update your creditcard online at https://billing.your-site.com.


Acceptable Resource and Disk Space Usage


Your-Site makes every reasonable attempt to provide an environment suitable for use by its customers for the purpose of an on-line presence, including sufficient bandwidth and CPU resources. Bandwidth and CPU resources are on an open and "first come first serve" basis. If at any time Your-Site deems that a user is imposing an unreasonable load on a server or the network (such as an inordinate number of CGI processes, emails, mySQL queries), Your-Site may, at its sole discretion, take any action it deems necessary to correct the problem and free up resources for other users, including but not limited to killing processes or shutting down service for an offending user without notice. Cronjobs should be limited to running no more than once per hour.

Security is the responsibility of the user. You are responsible for any and all scripts running under your account, as well as all files stored within it. It is important to ensure that scripts are free from exploits and are as secure as possible. Running an insecure script will result in that script being disabled or deleted, and may result in account suspension or termination depending on severity of the violation. It is recommend to check for updates to scripts you are running at least once per 90 days.

We make our servers as secure as possible. Final security of your account is your responsibility. You are responsible for all content and files stored, uploaded and downloaded within your account, as well as the operation of all scripts you have installed.


Some specific examples of processes and sites that are not allowed are BitTorrent seeders, trackers and .torrent files, FFA links scripts and sites, webproxies/cache, BNC, IRC and chat scripts, bots, anonymous emailers, daemons of any kind, distributed computing clients (Like Seti@Home), network monitoring/probing scripts and denial of service (DoS) attack scripts. Standard formmail is also not allowed due to the ease at which people can use it to send SPAM through. We recommend that you use the formmail we provide here. Any unspecified script that is not used for tasks that directly pertain to the maintenance, publishing and operation of your web site are not allowed. Violations of this policy will result in account termination.

MP3s or computer software is not allowed to be stored on the servers unless you personally own the copyright to the music or software. Software may be stored if the software is freely distributable, which includes freeware, shareware, open source, GNU licensed software and others with similar licenses which allow for free distribution. MP3s may be stored if they are freely distributable or have no copyright.

Warez and similar software is prohibited. Accounts found to be storing these files will be terminated and no refund issued.

Lawful Purpose

Your-Site reserves the right to refuse service to anyone. Customers may only use Your-Site's server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, material protected by trade secrets, child pornography and satanic materials. Your-Site expressly forbids anyone from using Your-Site's servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way the above, or any other material which we deem to be objectionable. The designation of any materials as such described above is left entirely to the discretion of Your-Site's management.

Your-Site's services are intended for the end user only. Customers cannot sublease, subhost, or give away control of any portion of Your-Site's resources. Doing so could result in immediate account cancellation. Your-Site offers a reseller's program.

Your password is considered private and is not to be given out to any third party outside your organization.

99.9% Uptime Guarantee


Our 99.9% uptime guarantee allows us to guarantee that your website will not be down for more than 43 minutes per month. In the event that your website is offline for more than 43 minutes in 1 calendar month as a result of Your-Site's error, server failure or misconfiguration, simply contact us during the same month the downtime occured and we will credit your account for 1 month of free hosting redeemable upon the next billing period. This guarantee does not apply to problems such as network congestion or router misconfigurations that are off our network or during announced scheduled maintainance. We have no control over others networks, and as such, make no guarantees to their reliability. If you think your website is offline, you should always run a traceroute first to see if it is indeed or if it is just network congestion.

Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Your-Site reserves the right to change prices at any time. Payment is due each anniversary month or period following the date the account was established. If you signed up for a quarterly or yearly account, you will continue to be automatically billed and renewed until you fill out a cancellation request form.

Customers who provide an electronic payment method, such as creditcard or e-check, specifically grant us authorization to automatically charge that account for any and all hosting and incidental fees pertaining to the hosting account until the hosting account is cancelled. If you do not want us to automatically charge your creditcard you must pre-pay via check or remove that payment menthod from your account. If you are using a debit card or e-check for payment, we are not responsible for any overdraft fees billed to you by your bank and you are responsible for any bounced payment fees charged to us as a result of your payment being rejected.

If for any reason the card does not clear with the bank within 15 days of the original invoice date, the account is subject to suspension. If payment has not been received within 30 days of the original invoice date then the account will be terminated and all files removed from the servers.

The customer is responsible for all money owed on the account from the time it was established to the time that the customer properly submits a cancellation request form. Phone or normal e-mail requests will not constitute acceptance of any cancellation.

All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. Please ensure that we always have a correct and valid email address on file to send these notices to.

Checks returned unpaid (NSF) or creditcard paying accounts issuing a chargeback will be assessed a $25 charge. If you are a check paying customer, invoices will be sent to you via e-mail. Invoices are payable immediately upon receipt, however, we allow up to 30 days for payment to arrive. In the event we do not receive payment for an invoice within 30 days of the date of the invoice, we may apply late fees, terminate your service for non-payment, or both.

In the event that your account is deactivated for non-payment, a $25 reactivation fee will be applied upon reactivation of your account. If you signed up to billed monthly or quarterly, you will now be required to pay for one full year of hosting, plus any past due balance before your website is re-activated.

The standard monthly late fee is $7.50. All payments are to be made in US currency.

Cancellations and Refunds


The customers account comes with our 30 day money-back guarantee which is only valid for the initial billing period. If you are not satisfied with our service within the first 30 days of opening an account and you submit a cancellation request form, you will be given a full refund of all money paid with the exception of domain name registration and extra services such as extra bandwidth use. The domain name that we registered for you is yours to use for 1 full year; you may host it wherever you wish. If you need this domain name renewed, we can renew it for you at our standard renewal rate. Simply contact us and ask us to renew it when you receive a notice from us.


All service fees paid in advance of cancellation will not be refunded for unused time unless the customer is on a yearly or biennial plan and a cancellation is submitted within 30 days of renewal billing. Monthly and quarterly billed accounts will not receive a refund for time paid for but unused. If cancellation is caused by the customer's violation of our policies, then no refund will be given.


If you wish to cancel your account, you may do so by filling out the cancellation request form. Your account will be automatically renewed unless a cancellation form is submitted at least seven (7) days prior to the renewal date. The cancellation request form is the only method we accept to cancel your account. Phone or normal e-mail requests will not constitute acceptance of any cancellation.

Your-Site reserves the right to cancel service at any time without notice for any reason that Your-Site deems appropriate.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Your-Site harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Your-Site, 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 Your-Site against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Your-Site's server; (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 customer from Your-Site's server.

Disclaimer

Your-Site will not be responsible for any damages your business may suffer for any reason, including negligence on our part. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Your-Site and its employees. Your-Site makes no warranties of any kind, expressed or implied about the services we provide. Your-Site specifically disclaims all warranties of merchantability and fitness for a particular purpose.

Registration Agreement for .com, .net and .org domains can be found here
Registration Agreement for .info domains can be found here
Registration Agreement for .biz domains can be found here
Registration Agreement for .us domains can be found here

Your-Site reserves the right to revise its policies at any time.

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