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Hosting Terms of Service

Definitions and Acceptance of the Agreement

Accepting The Agreement

Before hosting your web site, you must read and agree to these Hosting Terms of Service and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):

  • Yooweb Terms of Service – Our general terms and conditions also known as the "Common Terms"
  • Yooweb Privacy Policy – How we maintain and protect your personal information

Whenever Yooweb hosts your web site it is assumed that you agree to these terms.

Although we may attempt to notify you via your provided email address when major changes are made, you should visit this page periodically to review the terms. Yooweb may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you will not receive this service. In the event of an inconsistency between the Hosting Terms of Service and either Yooweb's Common Terms (available at http://yooweb.me/content/terms-service/) or the Yooweb Privacy Policy (available at http://yooweb.me/content/privacy-policy/), the Web Design Terms of Service shall control. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

Description of Service

Yooweb hosts web sites and provides other website-related services, including, but not limited to, support and modification of websites, email accounts and additional web site-related services. You understand that Yooweb services may include certain communications from Yooweb such as advertisements, notices, service announcements and newsletters. You are responsible for obtaining access to Yooweb services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). You are also responsible for all equipment and software necessary to access Yooweb services.

Proper Use

As Yooweb strives to offer the very best service, there are certain guidelines and policies that must govern Yooweb efforts and relationships with you. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of Yooweb services. Such decisions are at the sole discretion of Yooweb. Unacceptable practices include, but are not limited to:

  • Adult or pornographic material including, but not limited to, sexually explicit or suggestive material
  • Sexually oriented products or material
  • Nudity, including airbrushing (exceptions granted on a case-by-case basis if for medical or artistic purposes)
  • Lingerie web sites
  • Offensive or otherwise distasteful material
  • Content or language that is harmful to minors in any way
  • Bulk emailing tools
  • Distribution of internet viruses or other harmful or destructive activities
  • Hacking and cracking
  • Scams or phishing for personal information
  • Solicitation of funds other than for legal charitable organization
  • Gambling, gaming, lotteries, and like activities
  • Harmful, threatening, violent, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racial, chauvinistic, ethnically offensive or otherwise objectionable content or language
  • Defamatory, hateful or revenge content or language.
  • Aids to pass drug tests or aids to pass lie detector tests.
  • Content or language that is harmful to minors in any way
  • Illegal activities such as ponzi schemes, pyramid schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or content that infringes on third parties’ intellectual properties
  • Illegal drugs or drug paraphernalia
  • Prescription drugs and related content
  • Fake documents
  • Fireworks, pyrotechnics or weapons
  • Intentional or unintentional violations of any applicable local, state, national or international law
  • Reselling email accounts or hosting accounts to third parties
  • Reselling of any Yooweb services
  • Spamming and all other forms of unsolicited messages including, but not limited to, spam, chain letters, and junk email
  • Links to other sites that are in violation of Yooweb policies and guidelines
  • Other activities, whether lawful or unlawful, that Yooweb deems to be in poor taste or that reflect adversely on Yooweb or Yooweb's other clients
  • Yooweb reserves the right to refuse to host an account at its sole discretion at anytime

Other examples of unacceptable material on our servers include:

  • IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.

You agree to conduct your business in a legal and professional manner. You understand that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on Your web site is your sole responsibility. You are fully responsible for all web site content and agree to hold Yooweb harmless in the event of third parties’ legal issues brought against you for your business practices. Yooweb retains the right to terminate any accounts that are in violation with this Agreement. Yooweb may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. If an account is terminated by Yooweb for an Agreement violation you are not eligible for a full refund and any refund is subject to the Cancellation Fee and Refund Policy. (See Termination)

You acknowledge that Yooweb may access, preserve, and disclose your account information and content if required to do so by law or in a good-faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the Agreement, provide customer service or protect the rights, property, or safety of Yooweb and the public.

Violations will be reported to the appropriate law enforcement agency.

Permissions and Passwords

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. You are ultimately responsible for all actions taken under your account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Your Account

Account Setup / Email on file

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. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

Transfers from previous Hosting

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from the point of sale. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Use and Storage

You acknowledge that Yooweb may establish general guidelines and limits concerning use of Yooweb services and may modify these guidelines at any time. Limits may include but are not restricted to, the maximum number of days that email messages or other content will be retained, maximum number of email messages that may be sent from or received by an account, the maximum size of any email messages sent and the maximum disk space that will be allotted on Yooweb servers on your behalf. Yooweb periodically backs up the websites it hosts. However, you acknowledge that Yooweb is not responsible for backing up your web site and data. You should seek appropriate backup solutions. Changes you make using any editing tools or by Yooweb may be lost if data loss occurs after a scheduled backup by Yooweb.

Account Transfer

Requests for transferring the ownership of a web site account from you to a new owner must be completed in writing by both you and the new designated owner. The transfer is not valid until a signed request is received by Yooweb in writing which is to include payment authorization and new billing account information from the new owner, documentation of the ownership transfer (purchase agreement etc), documentation of copyright transfer, and acceptance of the Agreement by the new Owner.

Third-Party Services

From time to time third parties may offer services to Yooweb clients. Use of such third-party services will be at your own risk and subject to the terms and conditions of those third parties. Yooweb does not represent nor warrant that use or access to any third-party services will be compatible, uninterrupted, error free, without defects or that you will be able to access Yooweb’s services. You also agree that Yooweb is under no obligation to provide you with any add-ons, updates, or fixes to make Yooweb’s services accessible through any third-party applications.

Hosting Services

Web Site Design

Hosting with Yooweb gives you an automatic discount on all hourly service fees for web design and technical support services. Discount is 10% off of Yooweb's standard hourly rate. Please contact support@yooweb.me if you would like to know Yooweb's standard hourly rate. No discount is given for any one time service or add-on fees.

If your site is designed by Yooweb your first three months of hosting are free! During this time development of your web site will take place. If you web site is not completed during this three month period there will be no delay in the billing of hosting. Hosting must be paid in full after this three month period.

An additional benefit to hosting with Yooweb is that we will provide guides, tutorials, and phone consulting for free!

Email Accounts

Based on the hosting package purchased, email accounts are also provided. Email accounts may be set up and used immediately after setup of your Yooweb hosting. You do not need to wait until your web site is live on our servers to use email accounts. To begin using email accounts you should contact Technical Support at support@yooweb.me.

Google Analytics

All accounts hosted on Yooweb servers may be set up with Google Analytics free of charge. This service may be installed automatically or at your request. To request access to the Google Analytics for a web site(s) on your account please send a request to support@yooweb.me.

Additional Services

You may purchase at an additional cost additional services offered by Yooweb. Additional monthly services may include, but are not limited to, the Web Traffic Control program (WTC), spam filters, and back-up software. Additional monthly services include a fee that is incurred and billed every month beginning from the date of purchase of the additional service (all alternate payment plans will only be valid if either Yooweb or You have valid proof of the agreement for a change in your payment plan). Yooweb will Not Refund any fees incurred for additional services paid for prior to the cancellation effective date for the additional service. Any fees invoiced and incurred are valid and you agree to pay. Additional services purchased may be cancelled with 30 days written notice.

Domain Registration

Domain names purchased by Yooweb are the property of Yooweb until you have paid all domain registration fees. At that time ownership of the domain name may be transferred to your control upon receipt of your written request.

Upon transfer of domain to you or another registrar, at anytime, you agree that Yooweb has met in full its obligation to you, and Yooweb is released of all past and future obligations to the you.

Domain names are purchased through a third party service. Yooweb cannot guarantee the availability of domain names and has no liability for a domain name not being available for purchase after the initial sale. If a domain name is not available for purchase Yooweb will assist you in selecting and purchasing an alternate domain name. Domain names you already owned remain your property and renewal of the domain name is your responsibility. The renewal of any domain names transferred to you is your responsibility.

Also see the following policy concerning domain registration: ICANN Policy

Uptime Guarantee

If your server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Yooweb dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact support@yooweb.me with justification. All requests must be made in writing via email.

Billing

Billing Policy

Hosting is billed monthly beginning from the date of sale (or from the date your site goes live if we are building your web site), unless arrangements have been made in writing or through promotional offers for an alternate payment plan (all alternate payment plans will only be valid if either Yooweb or You have valid proof of the agreement for a change in your payment plan). You agree that until and unless you notify Yooweb of your desire to cancel any or all services received, those services will be billed on a recurring basis.

The hosting fee will be adjusted according to the enhancements requested or the hosting package you select.

Yooweb reserves the right to change prices at any time including monthly hosting amounts and hourly design fees.

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 yooweb.me, and the right to increase the amount of resources given to plans at any time.

Billing Disputes

Yooweb charges a $25.00 fee for returned checks and a $200.00 fee to handle unauthorized credit card disputes. If Yooweb does not receive payment in full when due, Yooweb may, to the extent permitted by the law of the State of Utah, charge a late fee of up to 1.5% per month (18% per annum), or a flat fee of $5 per month, whichever is greater, on any unpaid balance. Yooweb may, to the extent permitted by the law of the State of Utah, also charge you for any collection agency fees and/or attorney’s fees billed to Yooweb for collecting. Yooweb does not agree to, and will not honor any limiting notations you make on a check.

If you wish to dispute a charge you must first contact Yooweb’s billing department and must allow 10 business days for a response. To avoid any dispute about your attempt to contact Yooweb, you must send the request in writing to: Attn: Billing Department, Yooweb, 354 S 100 W #1, Cedar City UT 84720. Requests may be emailed to billing@yooweb.me. If you choose to send request by email, a copy of the request must also be sent by mail as confirmation.

If you initiate a credit card dispute the decision of the credit card company is made through an arbitration process and the decision of the credit card company shall be binding.

Termination

Yooweb, at its sole discretion, may terminate its service and remove and discard any content, for any reason, including and without limitation, for lack of use, or if Yooweb believes you have violated the Agreement. Yooweb may also at its sole discretion and at any time, discontinue providing services, or any part thereof, with or without notice. You agree that any termination of access to Yooweb’s services under any provision of the Agreement may be effected without prior notice and that Yooweb may deactivate or delete your account and all related information files. You agree that Yooweb shall not be liable to you or any third-party for any termination of services. Paid accounts that are terminated will not be refunded. In addition, accounts that become 30 days delinquent may be terminated.

You agree to pay all hosting fees and additional service fees owed from the time of sale until the last day of the month for the cancellation effective date. Transferring a domain name to another provider or non-use of your hosting account does not constitute termination of the account. You must notify Yooweb in writing or via email to terminate the account services and avoid further hosting charges. It is your responsibility to secure confirmation from Yooweb that the request for termination has been received and no further hosting fees will be billed.

Requests for cancellation of hosting services or additional services should be sent to the following address:

Attn: Billing Department, Yooweb, 354 S 100 W #1, Cedar City UT 84720

Requests may be emailed to billing@yooweb.me. If you choose to send request by email, a copy of the request must also be sent by mail as confirmation.

Cancellation Effective Date

You may terminate hosting services with 30 days written notice. The effective date of cancellation is to be 30 days from the date of Yooweb's receipt of written notice to cancel. Any monthly fees scheduled to bill after receipt of written notice to cancel but before the effective date of cancellation are valid and you agree to pay.

If you have not paid all hosting and additional service fees due, such fees are due in full at the time of cancellation and you authorize Yooweb to collect any outstanding fees due, subject to the Refund Policy. You understand any pending billing for services previously agreed to will not be cancelled.

Warranties and Covenants

Representations and Warranties

You represent and warrant that (a) all of the information provided by you to Yooweb to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.

Disclaimer of Warranties

YOUR USE OF YOOWEB’S SERVICES IS AT YOUR OWN RISK. YOOWEB’S SERVICES ARE PROVIDED “AS IS”. YOOWEB DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOOWEB DISCLAIMS ANY WARRANTIES REGARDING YOOWEB’S SERVICES INCLUDING THAT THEY WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOOWEB DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF YOOWEB’S SERVICES, INCLUDING RESULTING SALES AND WEB TRAFFIC. YOOWEB DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF YOUR PRODUCTS, SERVICES, SALES, OR WEB SITE. YOOWEB DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH YOOWEB’S SERVICES, OR LINKS PROVIDED BY YOOWEB’S SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY YOOWEB OR OBTAINED THROUGH LINKS PROVIDED THROUGH YOOWEB’S SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF YOOWEB’S SERVICES ARE DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOOWEB, IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF YOOWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OF OR INABILITY TO USE YOOWEB’S SERVICES, RELIANCE ON YOOWEB’S SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF YOOWEB’S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH YOOWEB’S SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO YOOWEB SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO YOOWEB SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstance shall Yooweb be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualties, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Yooweb's full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Yooweb.

Tort Claims

You waive all tort claims against Yooweb, it’s subsidiaries, affiliates, officers, employees and agents. The relationship between the parties is contractual in nature only. You waive any tort claims that arise by act, or omission.

Indemnification

You agree to hold harmless and indemnify Yooweb, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Yooweb will provide you with written notice of such claim, suit or action.

General Provisions

Privacy

As a condition to using the Service, you agree to the terms of the Yooweb Privacy Policy as it may be updated from time to time. Yooweb understands that privacy is important to you. You do, however, agree that Yooweb may monitor, edit or disclose your personal information, including the content of your correspondence with us, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Yooweb Privacy Policy. Personal information collected by Yooweb may be stored and processed in the United States or any other country in which Yooweb Inc. or its agents maintain facilities. By using Yooweb, you consent to any such transfer of information outside of your country.

Notice

Unless otherwise specifically provided, all notices required or permitted by the Agreement shall be in writing and in English and may be delivered personally, or may be sent by email, facsimile or certified mail, return receipt requested, to the address set forth below. If you choose to send request by email or facsimile, a copy of the request must also be sent by mail (to the address below) as confirmation of the request.

Yooweb
354 S 100 W #1
Cedar City UT 84720

Severability; Waiver

In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms. The failure by Yooweb to avail itself of any right or enforce any obligation of this agreement shall not be deemed to be an ongoing waiver of such right or obligation or of any other right or obligation .

Jurisdiction

This agreement shall be governed exclusively by the laws of the State of Utah, USA, without regard to any conflicts of laws provisions thereof, as a contract entered into and performed entirely within the State of Utah. The parties herby expressly disclaim the application of the United Nations Convention on the International Sale of Goods. Any disputes between the parties relating to the subject of this agreement shall be submitted exclusively to the jurisdiction of the state or federal courts located in the State of Utah, Counties of Iron, Utah, or Salt Lake, and the parties expressly consent to personal jurisdiction and venue therein and waive any objection based on forum non conveniens or otherwise.

Arbitration

Notwithstanding the foregoing, in lieu of litigation, arbitration may be used as a means of resolving disputes. Arbitration would be through a neutral third-party arbitrator to be approved by both you and Yooweb. If any court sitting outside the United States determines that the litigation forum or arbitration provisions of this agreement are invalid, then and only then, the parties agree to settle any dispute through binding arbitration by three arbitrators, in the English language, under the commercial arbitration rules of the International Chamber of Commerce, with the location of the arbitration to be in a neutral jurisdiction (not the country of residence of you or of Yooweb) as selected by Yooweb.

Governance

Yooweb may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

Electronic Signatures

Selecting and submitting “accept” on the electronic copy of the Agreement, submitting content through the design process, making payment, or submitting information or documents to Yooweb so that Yooweb may perform services for you, the same shall constitute an electronic signature as defined by Utah’s Uniform Electronic Transactions Act, Utah Code Ann. 46-4-101 et seq.

Contact Yooweb

You may contact Yooweb at 801-310-9857 M-F from 8:30 –5:00 MST. You may visit our web site at yooweb.me at any time. You may also email Yooweb at the following department email addresses:

Sales sales@yooweb.me 801-310-9857
Technical Support & Email support@yooweb.me 801-310-9857
Billing Questions or Concerns billing@yooweb.me 801-310-9857
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