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TERMS AND CONDITIONS
This policy represents the YIREH WEB HOSTING terms of service ("tos") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all YIREH WEB HOSTING customers agree to when they sign-
Customers using any services offered by YIREH WEB HOSTING agree to be obligated by and must comply with all policies in this tos or must otherwise opt out of and cancel their web hosting service with YIREH WEB HOSTING. YIREH WEB HOSTING retains the sole discretion to make judgment regarding any violation by any YIREH WEB HOSTING customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer.s services without refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for YIREH WEB HOSTING maintaining one or more accounts (each "account"), you, as the YIREH WEB HOSTING customer, agree to the following terms of service.
"we" "us" or "provider" or "YIREH WEB HOSTING" -
"you" "your" "client" "customer" or "member" -
DISCLAIMER OF WARRANTY
The internet and website hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
YIREH WEB HOSTING however, offers a 99.9% uptime guarantee. This is valid for only the YIREH WEB HOSTING servers and our primary co-
YIREH WEB HOSTING makes no express or implied warranties (including but not limited to warranties of non-
LIMITATION OF LIABILITY
In no event shall YIREH WEB HOSTING be liable for any indirect, incidental, punitive or other consequential damages (including, without limitation, lost profits and damages related to corruption or deletion of website contents, email data and or database contents) arising out of or in relation to this agreement or your use or inability to use YIREH WEB HOSTING. Services (including, but not limited to, inoperability of YIREH WEB HOSTING. Servers), regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if YIREH WEB HOSTING has been advised of the possibility of such damages. In no event shall YIREH WEB HOSTING. Maximum liability exceed the total amount paid by you to YIREH WEB HOSTING for the services during the prior twelve (12) months. To the extent applicable local law does not allow the limitation of liability for consequential or incidental damages, YIREH WEB HOSTING. Liability is limited to the extent permitted by law
You agree to indemnify, defend and hold YIREH WEB HOSTING and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-
CHOICE OF LAW
This agreement shall be interpreted under the laws of the state of CALIFORNIA without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the SUPERIOR COURT of THE STATE Of California , county of KERN. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
SERVICES PROVIDED BY YIREH WEB HOSTING
YIREH WEB HOSTING will provide internet server rental ("the service") to its members for the express purpose of allowing customers to provide http internet content to the general public. The service allows YIREH WEB HOSTING members to maintain internet websites, receive and maintain e-
YIREH WEB HOSTING.com provides timely website hosting support to our clients through emails, chat and phones. By accepting your client contract agreement with YIREH WEB HOSTING.com you agree not to abuse whether verbally or physically or whether in person, via email, live chat or telephone or otherwise (a) any other customer of YIREH WEB HOSTING.com and any employee or contractor of YIREH WEB HOSTING.com.
YIREH WEB HOSTING will send e-
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of YIREH WEB HOSTING or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to YIREH WEB HOSTING or any third party. Customers may not run irc, bots or clients. Clients may not use YIREH WEB HOSTING servers for file storage unrelated to the client's website, storage space is for active website file pages only. YIREH WEB HOSTING' shared hosting account holders may not act as a reseller, which means that clients may not host any websites in their addon domains that are not domains owned by the client on record at YIREH WEB HOSTING. You will need to opt-
What do you mean by "unlimited disk space and bandwidth/data transfer"?
We do not set limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "unlimited". We want you to have the resources available to you to build a great online presence.
Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service. As such we do require all of our customers to be fully compliant with our excessive resource user policy/terms of service and utilize disk space and bandwidth related to normal operation of a personal or small business website.
If a customer's hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice.
EXCESSIVE RESOURCE USER POLICY
Resources are defined as disk space, bandwidth, and/or computing resources (cpu, memory, disk i/o, # of files/inodes) utilization. YIREH WEB HOSTING offers a shared hosting service in which environment customers may share resources with other customers, therefore it is imperative that YIREH WEB HOSTING control any excessive usage by customers so that they do not disrupt the service quality of other customers using the same resources. A hosting account is considered using "excessive amounts of resources" when it consumes 100% of 1 cpu core, and/or 1 gb memory, 20 concurrent connections and/or 75,000 files also known as "computing resources", and/or "resources", and/or "resource usage". There are numerous issues that could cause such problems, including but not limited to: cgi scripts, ftp, http, etc. To prevent service disruption for other customers, a hosting account which exceeds the included computing resources will be slowed down automatically for as long as the resources are being overused. YIREH WEB HOSTING will make every reasonable effort to notify customer prior to suspension, however, YIREH WEB HOSTING may suspend any offending hosting account prior to notifying the customer of the account in the event that service disruption to other customers was/is caused. The customer whom is using "excessive resources" may be asked to upgrade his/her package to a more suitable hosting package, such as but not limited to a premium account, virtual private server or dedicated server. YIREH WEB HOSTING will be the sole and final arbitrator as to what constitutes as a violation of this policy. Customers have access to their resource usage within their control panel.
Uce/ube or "spam" originating from a server located on our network or associated with a YIREH WEB HOSTING server is not tolerated. This includes any e-
YIREH WEB HOSTING allows 3rd party scripts to be uploaded/installed from our auto-
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact YIREH WEB HOSTING concerning unethical, false or unlawful activities by you, YIREH WEB HOSTING reserve the right to suspend or terminate your service with or without notice.
LICENSED SOFTWARE ONLY
Client agrees to use only properly licensed third party software in connection with client's use of the services.
YIREH WEB HOSTING provides the tools needed to create back ups of account data. YIREH WEB HOSTING also backs up its servers and retains a copy for 24 hours for disaster recovery purposes only. It is the responsibility of the customer to keep up-
Full payment is required in advance before hosting service is established. YIREH WEB HOSTING sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice.
You warrant and represent that the information you supply in the order form (or other information that YIREH WEB HOSTING may require) is accurate and truthful. All payment-
It is the obligation of the YIREH WEB HOSTING customer to know when their account comes up for renewal and if their intention is to non renew their account they must fill out the YIREH WEB HOSTING cancellation form 5 business days prior to their account's renewal date to ensure that YIREH WEB HOSTING billing department receives the cancellation request well in advance of the renewal date so that they can stop any renewal charges. YIREH WEB HOSTING clients receive email notification 15 days prior to the renewal date of their account informing them that their renewal date is approaching. It is the customer's responsibility to ensure that YIREH WEB HOSTING has a valid email address for which we can send out renewal notices to our clients. If YIREH WEB HOSTING does not receive a cancellation request prior to the customer's renewal we will renew the clients' account 24 hours prior to the renewal date and we will apply the appropriate charges. Accounts will be automatically renewed under the same time and fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). The 30 day money back guarantee applies only to the start date of the clients' service with YIREH WEB HOSTING and does not apply to renewals of service.
Clients have the option to pay an invoice at any time by logging into their YIREH WEB HOSTING account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than four days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to YIREH WEB HOSTING.
All prices listed are in us dollars ($), for all services & server locations unless otherwise specified.
CANCELLATION & REFUNDS
Should you become dissatisfied with our services within the first 30 days of your account activation, YIREH WEB HOSTING will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of account activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Refunds are never available for domain registrations. Domain names transferred to our service incur an additional year of registration and therefore are considered a domain registration. Domain registration fees are $24.95/yr. Domain names of customers which leave our hosting service will be refunded the package price total less the domain registration fee if the customer leaves YIREH WEB HOSTING hosting service within the 30 day money back guarantee.
In addition refunds are not available for additional services such as, but not limited to domain names, dedicated ip's, ssl certifiates, cdn, professional services, etc. Add-
Website files are the responsibility of the YIREH WEB HOSTING customer and should a YIREH WEB HOSTING customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any emails from the YIREH WEB HOSTING server prior to requesting that YIREH WEB HOSTING cancels their account. Once the cancellation request has been submitted to YIREH WEB HOSTING a cancelattion of the website hosting service may occur anytime after the request is received by YIREH WEB HOSTING and when a cancellation request is completed the client's hosting account with YIREH WEB HOSTING and their website files are permenantly removed from the YIREH WEB HOSTING servers. Therefore again it is the client's obligation to ensure that they have downloaded their website files and any emails from the server prior to their cancellation request.
99.9% SERVICE LEVEL AGREEMENT "SLA"
YIREH WEB HOSTING offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. YIREH WEB HOSTING will try to maintain maximum uptime. YIREH WEB HOSTING is not responsible for any downtime caused by the client.
30 DAY MONEY BACK GUARANTEE
YIREH WEB HOSTING offers an unconditional 30-