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Your
Host Solutions, LLC Service Agreement
The service agreement below is a
legal agreement between Your Host Solutions, LLC and all
of our customers. If you use any service provided by or
affiliated with Your Host Solutions, LLC, you are legally
bound by this agreement. Read it carefully before signing
up and ensure that you understand and agree to all parts.
Use of our services implies agreement with this contract.
Questions?
Any questions regarding this agreement should be sent
to Your Host Solutions, LLC sales department prior to
signing up for service.
Service Agreement Last Updated: 04/21/2005
THIS AGREEMENT ("Agreement")
is made and effective as of the date of acceptance,
by and between you ("Client") and Your Host Solutions,
LLC. WHEREAS, Your Host Solutions, LLC owns, distributes
and provides various products and services for conducting
business on the Internet including: shared, and dedicated
web hosting, cPanel licensing, and the Your Host Solutions,
LLC family of services (hereinafter collectively referred
to as the "Services"). WHEREAS, Client desires to
utilize some or all of the Services to develop, enhance
or maintain Client's business and/or presence on the
Internet. NOW THEREFORE, in consideration of the mutual
promises set forth herein, the parties agree as follows:
1. YOUR HOST SOLUTIONS, LLC SERVICES
1.1 Your Host Solutions, LLC agrees to provide to
Client the Services agreed upon between Your Host
Solutions, LLC and Client as selected by Client in
Your Host Solutions, LLC's customer database that
is specified at www.YourHostSolutions.com.
2. PAYMENT AND INVOICING
2.1 In consideration of the performance of the Services,
Client shall pay Your Host Solutions, LLC monthly
or yearly in advance the amount set forth in Your
Host Solutions, LLC's customer database as such records
are amended from time to time for the Services during
the term of this Agreement.
2.2 Client shall receive a confirmation letter via
e-mail at the time Client contracts for the Services,
which shall confirm the fees payable to Your Host
Solutions, LLC. Thereafter, Client shall receive a
monthly or yearly billing statement for the upcoming
month or year. The monthly billing statement shall
indicate any changes in fees, which fees shall become
effective upon thirty (30) days' notice as set forth
in Section 2.4 herein.
2.3 Client is responsible for all activities and charges
resulting from Client's use of the Services. Client
agrees to pay all fees, bandwidth charges, connect
time charges, surcharges, and other charges incurred
by Client and set forth in the monthly or yearly billing
statement. Client acknowledges that no refunds will
be given by Your Host Solutions, LLC in the event
that Client's account is terminated by Your Host Solutions,
LLC or Client mid-term. In the event of a breach of
security, Client will remain liable for any unauthorized
use of the Services until Client notifies Your Host
Solutions, LLC by sending an e-mail with account information
to support@YourHostSolutions.com.
2.4 Current rates for using the Services may be obtained
on our web site at www.YourHostSolutions.com. Your
Host Solutions, LLC reserves the right to change fees,
surcharges, monthly membership fees or to institute
new fees at any time. In addition, Your Host Solutions,
LLC may institute special trial offers, from time
to time, that shall be reflected in the confirmation
letter sent to Client upon sign up. If Your Host Solutions,
LLC does not receive the full amount of Client's Service
account balance within thirty (30) days of invoice
date, a late charge equal to 5.5% per month will be
added to Client's bill and shall be due and payable.
Client shall also be responsible for all attorney
and collection fees arising from Your Host Solutions,
LLC's efforts to collect any unpaid balance of Client's
account(s), and Your Host Solutions, LLC may terminate
Client's account immediately without further notice
to Client. Your Host Solutions, LLC gives are customers
options to pay us. Your Host Solutions, LLC preferred
method of payment for our services is with a major
credit card, such as MasterCard, Visa, Discover and
American Express. If a Client would like to make payment
for services using another method than credit card,
Your Host Solutions, LLC accepts US Certified Cashiers
Checks or US Money Orders. If the Client makes a payment
with a personal or business check, payable to Your
Host Solutions, LLC and we attempt to cash the check
and it is returned by Your Host Solutions, LLC Bank
for causes such as, not valid or insufficient funds,
etc., then Your Host Solutions, LLC will charge a
$55.00 return check charge to the Client and services
will not be rendered until payment is received.
3. RESPONSIBILITIES AND RIGHTS OF YOUR HOST SOLUTIONS,
LLC
3.1 Means of Performance. Your Host Solutions, LLC
shall provide Client with the Your Host Solutions,
LLC web hosting services, as described at www.YourHostSolutions.com.
Your Host Solutions, LLC has the right to control
and direct the means, manner, and method by which
the host services are performed.
3.2 Support. Your Host Solutions, LLC shall provide
a reasonable level of technical support to Client
via email or Web page for the term of this Agreement.
3.3 Other Work. Your Host Solutions, LLC has the right
to perform and license products to others during the
term of this Agreement. Your Host Solutions, LLC may
elect to electronically monitor the host services
and may disclose any content or records to satisfy
any law, regulation, or other governmental request
or to properly operate host services and protect its
Clients. Your Host Solutions, LLC reserves the right
to block any site hosted by Your Host Solutions, LLC
that contains any content that Your Host Solutions,
LLC deems in its sole discretion to be unacceptable
or undesirable.
4. RESPONSIBILITIES AND RIGHTS OF CLIENT
4.1 Client. Client represents and warrants that (a)
Client is at least eighteen (18) years of age, (b)
Client possesses the legal right and ability to enter
into this Agreement, and (c) the performance of Client's
obligations and use of the Services by Client, its
customers and users, will not violate any applicable
laws, regulations or the rules and regulations or
cause a breach of any agreement with any third parties
or unreasonably interfere with other Your Host Solutions,
LLC Clients' use of Services. Client assumes all risks
related to processing of transactions related to electronic
commerce. Client agrees to provide Your Host Solutions,
LLC with accurate, complete and updated information
required by the registration of the Your Host Solutions,
LLC host service (Client Registration Data), including
Client's legal name, address, telephone number(s),
and applicable payment data (e.g., credit card number
and expiration date). Client agrees to notify Your
Host Solutions, LLC within thirty (30) days of any
changes in Client's Registration Data.
4.2 Breach of Warranties. In the event of the breach
of any of the foregoing warranties, in addition to
any other remedies available at law or in equity,
Your Host Solutions, LLC will have the right, in its
sole discretion, to suspend or terminate immediately
any Services.
4.3 Fees and Expenses. Client shall be responsible
for payment of all costs, fees and expenses assessed
in the course of being provided Services.
4.4 Third-Party Software. Third-party software and/or
auto install scripts available through the Services
may be governed by separate end user licenses. By
using the Services and the third-party software and/or
auto install scripts, Client agrees to be bound by
the terms of such end user licenses regarding the
applicable third-party software. Client consents and
authorizes Your Host Solutions, LLC to delegate the
authorizations Client provides to Your Host Solutions,
LLC to its third party service provider(s) as Your
Host Solutions, LLC deems necessary or desirable to
provide the applicable Services. Client agrees that
the terms and conditions of this Agreement, including
any of the other terms, conditions, warranty disclaimers
and liability disclaimers incorporated into this Agreement,
inure to the benefit of such third party service providers
and such third party service providers are deemed
to be third party beneficiaries of the Agreement,
including any other terms, conditions, warranty disclaimers
and liability disclaimers incorporated into this Agreement.
Client also agrees that all reference to "Your Host
Solutions, LLC" within this Agreement and any incorporated
terms are also deemed to include, where applicable,
Your Host Solutions, LLC's agents, such as the third
party service providers.
4.5 Advertising, Solicitation, and Client Name Harvesting.
Client may not use the Services to send unsolicited
advertising, promotional materials, or other forms
of solicitation to the Your Host Solutions, LLC clients
or other Internet users unless Client receives the
express permission of such individuals. Client may
not use the means of unsolicited advertising to advertise
a site hosted on the Your Host Solutions, LLC network.
Client may not use the Services to collect or "harvest"
user-names of Your Host Solutions, LLC clients or
other Internet users without the expressed prior permission
of the member. Your Host Solutions, LLC reserves the
right to block or filter mass email solicitations
sent from sites hosted on the Your Host Solutions,
LLC network.
4.6 Management of Site. If the client does not have
a maintenance agreement with Your Host Solutions,
LLC, the client shall be solely responsible for all
content available on or through its site, and shall
at all times be subject to the terms of this Agreement,
and any generally applicable guidelines and service
standards published by Your Host Solutions, LLC. Client
warrants that its site hosted on the Your Host Solutions,
LLC network (a) will not infringe and will not contain
any content that infringes on or violates any copyright,
U.S. patent or any other third-party right; and (b)
will not contain any content which violates any applicable
law, rule or regulation. Your Host Solutions, LLC
shall have no obligations with respect to the content
available on or through any site hosted on the Your
Host Solutions, LLC network, including, but not limited
to, any duty to review or monitor any such content.
Your Host Solutions, LLC reserves the right to block
any site that violates any of the above-stated terms,
or which in Your Host Solutions, LLC's sole discretion,
Your Host Solutions, LLC deems objectionable or offensive,
or otherwise violates a law or Your Host Solutions,
LLC policy, or, in the alternative, to terminate this
Agreement in accordance with Section 7.3.
4.7 Compliance Laws. Client agrees that it will use
the Services only for lawful purposes and in accordance
with this Agreement. Client will comply at all times
with all applicable laws and regulations, as updated
by Your Host Solutions, LLC from time to time. Your
Host Solutions, LLC may change the service agreement,
with notice, which notice may be provided by posting
such new service agreements at the Your Host Solutions,
LLC Site. Client may request a current copy of the
service agreement by email or faxing a request to
Your Host Solutions, LLC. Client agrees that it has
received, read and understands the current version
of the service agreement.
4.8 Proprietary Rights. Unless otherwise specified,
all work performed hereunder, is the property of Your
Host Solutions, LLC, and all title and interest therein
shall vest in Your Host Solutions, LLC. To the extent
that title to any such works may not, by operation
of law, vest in Your Host Solutions, LLC all rights,
title and interest therein are hereby irrevocably
assigned to Your Host Solutions, LLC. All such materials
shall belong exclusively to Your Host Solutions, LLC,
and Your Host Solutions, LLC shall have the right
to obtain and to hold in its own name, copyrights,
trademarks, registrations, or such other protection
as may be appropriate to the subject matter; and any
extensions and renewals thereof. Client agrees to
give Your Host Solutions, LLC and any person designated
by Your Host Solutions, LLC such reasonable assistance,
at Your Host Solutions, LLC's expense, as is required
to perfect the rights defined in this paragraph.
4.9 Marketing Rights. Client agrees that Your Host
Solutions, LLC may refer to Client, or Client's business
in Your Host Solutions, LLC marketing materials, the
Your Host Solutions, LLC web site, and communication
to Your Host Solutions, LLC's current and prospective
clients. Client grants Your Host Solutions, LLC a
limited license and permission to use any Client trade
name and/or trademark for such, and only for such,
purposes.
5. LIMITATION OF LIABILITY, NO OTHER WARRANTY AND
DISCLAIMER
5.1 Limitation. In the event that any limited guarantees
are provided by Your Host Solutions, LLC, such limited
guarantees are null and void if Client fails to follow
Your Host Solutions, LLC's service agreement and other
policies or otherwise breaches this Agreement in any
respect.
5.2 No Other Warranty. Your Host Solutions, LLC does
not monitor or exercise control over the content of
the information transmitted through its facilities.
Use of the Services or any information that may be
obtained there from is at Client's own risk. The Services
are provided on an "as is" basis, and Client's use
of the Services is at its own risk. Except as provided
in the payment order form(s), Your Host Solutions,
LLC does not make, and hereby disclaims, any and all
other express and/or implied warranties, including,
but not limited to, warranties of merchantability,
fitness for a particular purpose, non-infringement
and title, and any warranties arising from a course
of dealing, usage, or trade practice. Your Host Solutions,
LLC does not represent or warrant that the Services
will be uninterrupted, error-free, or completely secure.
5.3 Disclaimer of Actions Caused by and/or Under the
Control of Third Parties. Your Host Solutions, LLC
does not and cannot control the flow of information
to or from Your Host Solutions, LLC's network and
other portions of the Internet. Such flow depends
in large part on the performance of the Internet services
provided or controlled by third parties. At times,
actions or inactions of such third parties may impair
or disrupt Client's connections to the Internet (or
portions thereof). Your Host Solutions, LLC cannot
guarantee that such events will not occur. Accordingly,
Your Host Solutions, LLC disclaims any and all liability
resulting from or related to such events.
6. INDEMNIFICATION
6.1 Client agrees to indemnify, defend and hold Your
Host Solutions, LLC and its affiliates, agents, employees,
and licensors (including the third party service providers)
harmless from any and all claim, demand, loss, costs
or expense, including attorneys' fees, made by any
person arising out of Client's violation of this Agreement,
State or Federal Securities laws or regulations, or
any other person's rights including but not limited
to infringement of any copyright or violation of any
proprietary or privacy right. Under no circumstances,
including but not limited to a negligent act, will
Your Host Solutions, LLC or its affiliates, agents,
employees, or licensors (including third party service
providers) be liable for any damages of any kind that
result from the use of, or the inability to use, Services,
even if any such party has been advised of the possibility
of such damages.
In no event will Your Host Solutions, LLC or its third
party service providers be liable to Client or any
third Party for any tort, contract or any other liability
arising in connection with the use of the Services,
or reliance on any information or services provided
by Your Host Solutions, LLC. Your Host Solutions,
LLC and its third party service providers will under
no circumstances be liable to Client and/or any third
party, regardless of the form of action, for any loss
of profits, goodwill, use, data or other intangible
losses, or any direct, indirect, special, consequential,
incidental or punitive damages whatsoever, even if
Your Host Solutions, LLC or its third party service
providers has been advised of the possibility of such
damages, resulting from: (a) the use of the inability
to use the Services; (b) the timeliness, deletion,
misdelivery, or failure to store any user date, communications
or personalization settings; (c) the cost of getting
substitute goods and services resulting from any products,
data, information or services purchases or obtained
or messages received or transactions entered into,
through or from the Services; (d) statements or conduct
of anyone on the Services; (e) the use, inability
to use, unauthorized use, performance or non-performance
of any third party, even if the third party has been
advised previously of the possibility of such damages;
or (f) any other matter relating to the Services.
Client agrees that Client will not in any way hold
Your Host Solutions, LLC responsible for any selection
or retention of, or the acts or omissions of, third
parties (including third party service providers)
in connection with the Client Services. Because some
states prohibit the limitation of liability for consequential
or incidental damages, in such states the limitation
of liability only with respect to consequential or
incidental damages may not apply to Client, and the
respective liability of Your Host Solutions, LLC and
its third party service providers, employees, distributors
and agents is limited to the greatest extent allowable
under applicable law in those states.
In the event that a court or arbitration panel, as
the case may be, should hold that the limitations
of liability or remedies available as set forth in
this Agreement, or any portions thereof, are unenforceable
for any reason, or that any of Client's remedies under
this Agreement fail, then Client expressly agrees
that under no circumstances will the total, aggregate
liability of Your Host Solutions, LLC and its third
party service providers, employees, distributors,
agents or affiliates, to Client or any party claiming
by or through Client for any cause whatsoever exceed
$100 (U.S.), regardless of the form of action and
whether in contract, statute, tort or otherwise.
7. TERMINATION
7.1 Without Cause. This Agreement may be terminated
by either party at any time during any Renewal Term
for any or no reason upon either party giving to the
other no less than five (5) days' prior written notice
of termination. No matter which party terminates the
Agreement pursuant to this Section 7.1, any and all
payment obligations of Client under this Agreement
for Service(s) provided through the date of termination
will immediately become due, and Client shall be required
to prepay for any portion of the Services that have
not been paid for and are to be rendered during such
five (5) day period.
7.2 For Cause. In addition to any other rights it
may have under this Agreement or applicable law, Your
Host Solutions, LLC may immediately terminate this
Agreement or suspend service, effective without notice,
in the event of (a) a default in payment, or (b) Client's
breach or failure to comply with the service agreement
or other policies of Your Host Solutions, LLC. Client
may terminate this Agreement if Your Host Solutions,
LLC breaches any material term or written notice of
same. If this Agreement is terminated by Your Host
Solutions, LLC under this Section 7.2, all balance
of the then current term shall immediately become
due and payable. In addition to the foregoing, Your
Host Solutions, LLC reserves the right to prohibit
any conduct or to remove any materials or content
in violation of the service agreement or which Your
Host Solutions, LLC believes in its sole discretion
to be illegal or potentially harmful to others or
may expose Your Host Solutions, LLC to harm or liability.
7.3 No Liability for Termination. Neither party will
be liable to the other for any termination or expiration
of any Services of this Agreement in accordance with
its terms.
7.4 Survival. The following provisions will survive
any expiration or termination of the Agreement: Section
4, 5, 6, 7, and 8.
7.5 IP Address. Upon expiration, cancellation or termination
of this Agreement, Client shall relinquish any Internet
protocol ("IP") numbers, address or address blocks
assigned to Client by Your Host Solutions, LLC or
its network services supplier (but not the URL or
top level domain connected therewith). Your Host Solutions,
LLC reserves, in its sole discretion, the right to
change or remove any and all such IP numbers, addresses
or address blocks.
8. GENERAL
8.1 Assignment. Client may not assign this Agreement
or any of Client's rights or obligations hereunder
without the prior written consent of Your Host Solutions,
LLC, and any such attempted assignment shall be void.
This Agreement shall be binding upon the parties'
respective successors and permitted assigns. 8.2 Notices.
Any notices or communication under this Agreement
shall be in writing and shall be deemed delivered
to the party receiving such communication at the address
specified below (a) on the delivery date if delivered
personally to the party, or a representative of the
party; (b) one business day after deposit with a commercial
overnight carrier, with written verification of receipt;
(c) five business days after the mailing date, whether
or not received, if sent by US mail, return receipt
requested; (d) on the delivery date if transmitted
by confirmed facsimile.
To Your Host Solutions, LLC:
Your Host Solutions, LLC
PO Box 177
Union City, GA 30291
8.3 Governing Law. This Agreement, and all future
agreements Client may enter into with Your Host Solutions,
LLC, unless otherwise indicated on such other agreement,
will be governed by the laws of the State of Georgia,
without regard to conflicts of law principles thereof.
This is the case regardless of whether you reside
or transact business with Your Host Solutions, LLC
in Georgia or elsewhere. Unless a dispute would be
governed by an applicable arbitration clause, Client
agrees to submit to the personal and exclusive jurisdiction
of the courts located within the County of Fulton,
Georgia. If any part of the Agreement is unlawful,
void or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability
of any remaining provisions.
8.4 Modifications. No modifications, amendment, supplement
to or waiver of this Agreement or any exhibit hereunder,
or any of their provisions shall be binding upon the
parties hereto unless made in writing and duly signed
by both parties.
8.5 Waiver. A failure of either party to exercise
any right provided for herein shall not be deemed
to be a waiver of any right hereunder.
8.6 Severability. In the event any one or more of
the provisions of the Agreement or any exhibit is
invalid or otherwise unenforceable, the enforceability
of remaining provisions shall be unimpaired.
8.7 Your Host Solutions, LLC and its affiliates, agents,
employees, or licensors (including third party service
providers) shall not be liable for failure to perform
any obligation under this Agreement if such failure
is caused by the occurrence of any contingency beyond
the reasonable control of such party, including without
limitation, fire, flood, strike, and other industrial
disturbance, failure to transport, accident, ware,
riot, insurrection, act of God or order of governmental
agency. Performance shall be resumed as soon as possible
after cessation of such cause. However, if such inability
to perform continues for twenty (20) days, the other
party may terminate this Agreement without penalty
and without further notice.
8.8 Independent Contractors. The parties to this Agreement
are independent contractors. Neither party is an agent,
representative, or partner of the other party. Neither
party shall have any right, power or authority to
enter into any agreement for or on behalf of, or incur
any obligation or liability of, or to otherwise bind,
the other party. This Agreement shall not be interpreted
or construed to create an association, agency, joint
venture or partnership between the parties or to impose
any liability attributable to such a relationship
upon either party.
9. TERMS OF SERVICE
9.1 Terms of Services. Client agrees to be bound by
Your Host Solutions, LLC's terms of service for all
Services and products used by Client. The current
terms of service is stated within section 8.9 of this
service agreement. Should Client disagree with any
updates to Your Host Solutions, LLC's terms of service,
it is Client's responsibility to notify Your Host
Solutions, LLC of Client's desire to terminate their
Services immediately.
The Terms of Service are
the rules and regulations that specify guidelines for
using our shared hosting services. All use of our shared
hosting services is subject to these terms. Please read
them carefully and ensure that you understand and agree
to all parts. Use of Your Host Solutions, LLC's services
implies agreement with these terms. Shared Hosting Terms
of Service Your Host Solutions, LLC provides web hosting
to people all around the world.
We have the responsibility to protect each client and
provide them with the best service possible. The following
guidelines were designed to ensure that our services
remain of the utmost quality. Please read very carefully
before ordering and/or using Your Host Solutions, LLC
services.
End User Agreement
Customers may not sublease, sub host, or give away control
of any portion of their Your Host Solutions, LLC space
and/or resources (indulging, but not limited to, e-mail
accounts, space, ftp accounts, etc.), unless written
permission is given by Your Host Solutions, LLC.
Content
All services provided by Your Host Solutions, LLC may
be used for lawful purposes only. Transmission, storage,
or presentation of any information, data or material
in violation of any United States Federal, State or
City law is prohibited. This includes, but is not limited
to: copyrighted material, material we judge to be threatening
or obscene, or material protected by trade secret and
other statue. The subscriber agrees to indemnify and
hold harmless Your Host Solutions, LLC from any claims
resulting from the use of the service which damages
the subscriber or any other party.
Note: Pornography and sex-related merchandising
are prohibited on any Your Host Solutions, LLC. This
includes sites that may infer sexual content, or Link
to adult content elsewhere. This is also true for sites
that promote any illegal activity or content that may
be damaging to Your Host Solutions, LLC servers or any
other server on the internet. Links to such materials
are also prohibited.
Examples of non-acceptable content or links
Pirated software
Bulk Email related products
Pornography/Nudity/Adult Content
Hacking/cracking related web sites
Warez and/or copyrighted MP3s
Illegal material or material that is against public
policy
Sites containing or linking to material that may be
considered detrimental to the public health, safety,
or welfare. (Such as, but not limited to: Anarchists
Cookbook, bomb making, weapon information, or anything
else that may be considered detrimental or illegal.
Your Host Solutions, LLC will be the sole arbiter as
to what constitutes a violation of this provision, and
reserves the right to deactivate and remove any site
at any time for any reason without refund.
Copyright Violations
Your Host Solutions, LLC will respond to all reports
of infringement that are formatted in accordance with
the Digital Millennium Copyright Act and any other applicable
copyright laws. Notices of infringement that do not
comply with this act will not be processed. We will
act in accordance with the DMCA when handling infringement
reports.
System Resource Usage
If Your Host Solutions, LLC's system administration
team determines that a customer's account is utilizing
an unacceptable amount of system resources, Your Host
Solutions, LLC may temporarily deactivate the account
in question. If Your Host Solutions, LLC's staff deems
necessary, an eviction notice may be sent to the customer
of an offending account providing them with ten (10)
days in which to upgrade to a dedicated server.
This only occurs in extreme cases.
Your Host Solutions, LLC will be the arbiter as to what
constitutes a violation of this provision. Because of
the nature of this provision, each account will be considered
and analyzed individually.
Domain Parking Circumvention
Any attempt to circumvent domain parking restrictions
by using selective HTTP redirects or any other method
to send traffic from parked domains to sites other than
the main site is strictly prohibited. If multiple domain
names with separate content are required, domain pointers
must be used instead.
Chat Rooms
We do not allow clients to install their own chat rooms.
These tend to be large system hogs and we cannot allow
it as an account option. Clients are free to use any
and all of the three chat systems that come pre-installed
on all accounts.
Background Running Programs (bots/daemons/monitors)
Customers are not permitted to run programs in the background
on shared hosting servers. This tends to use a lot of
system resources, and can impair service to other customers
on that server.
Backups
Your Host Solutions, LLC's hosting accounts include
a nightly backup service; however these backups are
for Your Host Solutions, LLC's administrative purposes
only, and are in no way guaranteed. If the customer
doesn't purchase the monthly maintenance plan from Your
Host Solutions, LLC, customers are responsible for maintaining
their own backups on their own personal computers. Your
Host Solutions, LLC does not provide any sort of compensation
for lost or incomplete data in the event that backups
do not function properly (even if the malfunction was
due to negligence on Your Host Solutions, LLC's part).
We will do our best to ensure complete and accurate
backups, but assume no responsibility for this duty.
Always back your site up to your personal computer!
We make no guarantees about the availability of backups.
Support Abuse
At Your Host Solutions, LLC, we always treat our customers
with the utmost respect. In return, we ask the same
from you. In the event that we terminate service for
support abuse, customers will be given ten (10) days
notice to find a new host. We will issue a refund only
for the unused portion of pre-paid service.
Note: Due to our extremely high customer satisfaction
rate, we have never had to invoke this clause.
IRC (Internet Relay Chat)
We do not allow IRC or IRC bots to be operated on our
servers. Any account found to be in violation of this
provision will be immediately suspended and/or deactivated
and no refund will be issued.
Shell Access
Shell access is provided on an as-needed basis. It does
not come enabled on accounts by default. A request for
this feature must be sent to technical support before
it can be used. The request must include a domain name,
username and explanation of why shell access is required.
We reserve the right to refuse this service to any customer
for any reason.
Unsolicited Email SPAM
SPAMing, or the sending of unsolicited email, from a
Your Host Solutions, LLC server or using a return email
address that is maintained on a Your Host Solutions,
LLC server is STRICTLY prohibited. Using SPAM to advertise
a site hosted on Your Host Solutions, LLC's network
also constitutes as a violation of this provision. Your
Host Solutions, LLC will be the sole arbiter as to what
constitutes a violation of this provision. Sites found
to be in violation of our SPAM policies will be immediately
deactivated and no refund will be issued.
Help us STOP SPAM! Please email support@yourhostsolutions.com
immediately to report a violation of our SPAM policies.
Server Abuse
Any attempts to undermine or cause harm to a Your Host
Solutions, LLC server or customer of Your Host Solutions,
LLC is strictly prohibited.
Your Host Solutions, LLC will be the sole arbiter as
to what constitutes a violation of this provision. Customers
found in violation of this provision will be subject
to account deactivation without refund. Your Host Solutions,
LLC will turn all available information about abuse
incidents, including customer contact data, over to
the proper authorities and press charges.
Failure to Follow Policies
Failure to fully comply with these terms is grounds
for account suspension and/or deactivation (with or
without refund, subject to Your Host Solutions, LLC's
discretion). Any accounts and/or servers contained within
Your Host Solutions, LLC's network must adhere to the
above policies. We reserve the right to remove any account
without prior notice. If we deactivate your account
for violating policy, you will forfeit your rights to
a refund--and none will be given. No refunds for advanced
payment. Our normal policy is a warning first, and account
deactivation the second offense, but no warning is required.
Your Host Solutions, LLC reserves the right to deactivate
and remove any site hosted on our servers that contains
any content that it deems in its sole discretion to
be unacceptable, undesirable or contraindicated.
9.3 Implied Agreement. Continued
use of the services and/or products constitutes implied
agreement with this agreement and Your Host Solutions,
LLC's terms of service in their entirety. By using the
services, client agrees to be bound by all terms associated
with said services, including this agreement and/or
the monthly maintenance plan agreement.
Client's only resource in the event of a disagreement
is to terminate this contact immediately in accordance
with section 7.
9.4 Entire Agreement. This Agreement, and the exhibits
reference, sets forth the entire agreement, and supersedes
any and all prior agreements of the parties with respect
to the transactions set forth. Neither party shall be
bound by, and each party specifically objects to, any
term, conditions or other provisions which are different
from or in which is proffered by the other party in
any correspondence or other document, unless the party
to be bound thereby specifically agrees to such provision
in writing.
9.5 No Party Deemed Drafter. In the event that any provision
hereof is construed by a court of law or equity or an
arbitrator, no provision herein shall be construed more
harshly against either party as drafter.
Do you have a question?
Any questions regarding this service agreement should
be sent to Your Host Solutions, LLC's sales
department prior to signing up for service.
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