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
attorneys 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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