1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
2.) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography, counterfeit products, and any material in violation of any Federal, State or Local regulation.
Examples of unacceptable material:
IRC Bots
Gambling sites
Warez sites
Pirated Software
Hate sites
Hack programs and archives
Phishing sites
Intentionally misleading sites set up for illegal activities are forbidden. Additionally, we will not host sites trafficing in the following: emulators, phreaking, hacking, password cracking, IP spoofing, trojan horses, viruses, worms, spy-ware, malware, etc., and encrypting of any of the aforementioned. This also includes any sites that provide "links to" or "how to" information about such material. Sites that deal with these topics from a "How to prevent" standpoint may be approved upon request to and review by the webmaster.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will
be treated as spam. Any user who sends out spam will have their
account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of YAV. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify YAV of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any
other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not
responsible for files and data residing on your account. You agree to
take full responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored on our
servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time.
Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will be refunded on a prorated basis of any unused time after determination of eligibility.
Customers in violation of our content policy (item 2 above) or our spam policy (item 3 above) will not be eligible for a refund. Customers who have used more than 50% of their monthly bandwidth allocation will not be issued a refund.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, cancelled and signed up again,
you will not be eligible for a refund or if you have opened a second
account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such as
IRCD.
d) Run any software that interfaces with an IRC (Internet Relay
Chat) network.
e) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance
varies depending on the hosting package you purchase. Should your
account pass the allocated amount we reserve the right to suspend the
account until the start of the next allocation, suspend the account
until more bandwidth is purchased at an additional fee, suspend the
account until you upgrade to a higher level of package, terminate the
account and/or charge you an additional fee for the overages. Unused
transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and colocation no full refund will be
honored, the 30 day money back guarantee does not apply. We reserve
the right to refund a prorated amount or no refund at all.
10.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on our site,
and the right to increase the amount of resources given to plans at
any time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 customers from YAV's server.
12.) Disclaimer
We will not be responsible for any damages your business may
suffer. We make no warranties of any kind, expressed or implied for
services we provide. We disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and all service
interruptions caused by us and our employees.
13.) Changes to the TOS
We reserve the right to revise its policies at any time without
notice.
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