Youchamphost.com Terms of ServiceTerms of Service Agreement (“TOS Agreement”)
This constitutes a valid, binding, and enforceable legal contract by and between you, the “User” or “Reseller”, and we. (“Youchamhost”).Services
Subject to the terms of this agreement, we will provide web hosting services as outlined. Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so-called herein) and YOUCHAMPHOST.COM Acceptable Use Policy (“AUP”), including abuse related issues, and all disconnect and reconnect fees associated with violations. YOUCHAMPHOST.COM does not harden or enable additional server security software outside of operating system defaults. The following terms constitute an agreement between you and YOUCHAMPHOST.COM. These Terms of Service govern your use of the services provided by YOUCHAMPHOST.COM (the “Services”). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP… Please note that we offer the Services “AS IS” and without warranties. These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
YOUCHAMPHOST.COM Responsibilities YOUCHAMPHOST.COM agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. YOUCHAMPHOST.COM reserves the right to refuse Services to any potential client and/or to deny renewal of Services to an existing client, at the sole discretion of YOUCHAMPHOST.COM.
Changes to Terms of Service and AUP YOUCHAMPHOST.COM Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of YOUCHAMPHOST.COM. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on the availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Non-Payment/Service Interruption Services interrupted for non-payment or for any other reason to have their service interrupted may be subject up to a $50.00 reactivation fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of YOUCHAMPHOST.COM. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. YOUCHAMPHOST.COM is not responsible for data integrity, regardless of circumstance.
Back-Up Files We provide the tools needed to create backups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. We currently backup 1 time a week BUT is not responsible for any lost data or corrupt backups and is completely done as a free service but is not in any way a guarantee of data saved. We do not guarantee hardware perfection. The backup disc may be failed or might be corrupted for a reason beyond our control. So, we are not responsible for files and/or data residing on your account. However, we will try our best to retain all your data if possible. Therefore, we courteously advise you to appropriately
Refunds/ChargeBacks We do offer the money back guarantee of 30 days of NEW service on our shared, reseller plans. Any and all charge disputes must be reported directly to us within seven (30) days of the date which the charge originally occurred. If a charge which is deemed valid by us, and validated by our Terms of Service or AUP. VIOLATIONS OF OUR TOS/ACCEPTABLE USE POLICY Could result in suspended or termination on the spot no questions asked. Examples of what we consider non-acceptable content and/or links to such.
- Malware, Warez, Phishing Materials, Lottery, Gambling, Illegal
- Downloads, Pirated Software Distributions
- Bulk Email / Mail Bombers
- Spam Scripts / Spam related products
- Spamming with masked links to navigation menu like contact, sitemap, footer links,
- Sites that are advertised using SPAM cannot be hosted on our servers.
- Warez/Cracked products forum/blog
- Hacking/cracking related websites
- Warez and/or copyrighted MP3s
- NULLED Scripts (Software) OF ANY KIND
- No Adult (porn) sites of any kind allowed on our servers
- Escrow, Sales of illegal pharma, drugs, explosives
- No Gambling hosting.
- No Gaming Servers.
- Illegal material or material that is against public policy
- Illegal activities including but not limited to Ponzi’s schemes, pyramid schemes, FOREX, E-Gold, phishing, and scam websites
- Sharing your account resources whether for free or for pay Backup Shared Hosting
- Free Hosting of any kind (space/access etc.)
- No one price for lifetime Hosting (We feel Lifetime is a scam. Is it your lifetime or the companies lifetime or the Over-Sell Servers lifetime) Direct Resellers can ONLY offer yearly pricing if paid up for the year. REAL Domain names ONLY. (Names must be registered Domains and point to our DNS/IP) – Sample
- NO “Index_of” sites. All sites must either have an under construction page or some kind of content. (index_of sites or just doorways for hackers so they are not allowed)
- NO BLANK PAGES all sites but has some kind of content on them. If those domains are not being used then why have them on the server. You or your clients are subscribing to our hosting because you or they want to build a website/blog. So, please, don’t just add a domain to our server without content. When our Tech goes through the sites checking for bad sites if the page doesn’t load or loads to a blank page they suspended the site.
- Servers that use flash games on site and such.
- Public Download Sites of any kind (music, computer applications, games, mobile apps)
- User Forums containing links to material that violates our TOS
- Content or links to sites that are detrimental to public policy, health, and welfare
- No Rapidshare related scripts
- Child pornography
- Excessive violence (including threats and harassment) Hate speech
- Unfair or deceptive under consumer protection laws Defamatory
- In violation of a person’s privacy
A riskto a person’s safety or health (including the general public)
- Exposes trade secrets
- Copyright infringement
- Promotes illegal activity
- Sending Denial of Service (DoS) attacks
- IRC egg drops / IRC Relays
You may not place excessive burdens on our CPUs, servers or other resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers. A user may not use 20% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc. Shared hosting accounts can be used purely for web hosting alone. It cannot be used for backup for storing data, software distribution, storing large pdf files, high-resolution images
You Are Not Allowed To Use:
- NO Audio/Video Streaming. Streaming of live copyrighted events
- Script use 100% CPU
- Resource intensive scripts (CPU, I/O, Network)
- Image Dumps / File Dumps.
- Storing Video Sharing
- Storing Mp3 Sharing
- Storing copyrighted material of which you are not the owner.
- Storing content or media that is not related to an active website.
- Banner Rotators, File Dumps, Using disk space as Secondary Storage File hosting/Upload, file storage, file sharing, Mirroring, Distribution, Archive sites, Cyberlocker or similar activity is prohibited Abusing our staffs of any kind.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Proxy, Bots, Spam Bots, Port Scanners, IP Scanners, IP spoofing, Mail Harvesting Scripts, Brute Force Programs/Scripts/Application, Top Sites, Chat Rooms
- Run any type of web spider or indexer on shared servers.
- Run any software that interfaces with an IRC network.
- Malware or virus storage.
- Run any bit torrent application, tracker, client or link to torrents off the server.
- Participate in any file-sharing/peer-to-peer activities.
- Run any gaming servers etc
- Run CRON entries with intervals of less than 30 minutes
You, the customer, agrees to indemnify and hold harmless from any claims resulting from the use of our services. Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised.
VIOLATIONS OF ACCEPTABLE USE POLICYSuspension/Termination In the event a service is suspended, it will be subject to termination seven (7) days from the time of suspension. We assume no liability for the integrity of the data stored on a suspended server.
Suspension of Service: User agrees that we may suspend services to the user without notice and without liability. This only applies under the following circumstances: Youchamphost reasonably believes that the services are being used in violation of the AUP; User fails to cooperate with any reasonable investigation of any suspected violation of the AUP; Youchamphost reasonably believes that the service suspension is necessary to protect the network or other Users. User agrees to pay a reasonable reinstatement fee if the service is reinstituted following a suspension of service under this subsection.
Termination the Agreement: The Agreement may be terminated by User prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if we
- If the User is overdue on the payment of any amount due under the Agreement;
- A user violates any provision of the Agreement, including the AUP, and fails to address the violation within thirty days of written notice from us;
- A user is in violation of the Agreement a second time, and
- A user does not provide accurate contact information.
Any party may terminate this Agreement upon written notice to the other party admitting insolvency or filing for bankruptcy.
Cancellations We require a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. Fraud In the event, fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of we. All information available to us about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States or Abroad.
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A we, REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Support We provide hardware support related to each direct client’s service functioning. We do not offer software support of any kind. we do not provide software support/troubleshooting for the software items chosen from the order form. We only ensure the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. we are not responsible for any downtime associated with the incorrect configuration of operating any software, whether installed by us or the client. We may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. We do not provide any type of support to the clients of our clients (third-party clients). We will only provide support directly to clients of us.
Spam/Bulk Email Policy/Unsolicited E-Mail Or Spamming
We do not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If we receive a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per complaint received with a maximum of $250. We reserve the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, we will issue a fine of $200 and reserves the right to immediately terminate the service, at the sole discretion of us . – On the second instance of server compromise, we reserve the right to terminate the client’s services. If a client wishes to dispute any spam complaints or any fine assessed in connection with any such complaints, the client must provide we with full logs as well as any additional information requested by we within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it. You may not send any unsolicited email to any person who has indicated that they do not wish to receive it. Did you know there are issues like emails from the server to get marked as spam? There are a lot of monitoring servers/organizations which monitor the email traffic on the internet. If they find that a particular mail server is sending a large number of bulk mails, then they would mark these mail servers as the spammer and add the details of these mail servers to the spam database. Once the IP of the mail server is added to the spam database, most of the networks would blacklist or block all emails from the respective mail server. So, because of thousands of domains running on our shared hosting, To protect our clients, we will not tolerance to one of the usages like sending a bulk email messaging/sending. Hence, Unsolicited commercial advertisements (‘SPAM’) are not allowed in the email, and will likely result in service termination. We take a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be suspended, if no action within 24 hours your account get termination and no refund. NOTE – If YOU use the services of another provider to promote a website hosted by or through us (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Abuse of Unlimited Traffic and Unlimited StorageBandwidth Usage/Overages
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. We reserve the right to suspend any account which does not pay bandwidth overage charges promptly. We are not responsible for spikes in bandwidth that are caused on a client’s service for any reason. Client assumes liability for all bandwidth to and from their services.
Storage (Disk Space)
Our concept behind “unlimited traffic” and “unlimited storage” is to provide our customers with an unlimited amount of storage space and bandwidth for active web pages and cannot be used as a “storage space” for electronic files. Sites that fall under “electronic storage” are LARGE archives of images, compressed files, backups, movies, or sound files. we allow up to 25 megs of archive storage, ex. movies, sound files (including real audio files), images, compressed files, Real Audio or Video archives, etc. To ensure proper use, all HTML pages MUST be hyper-linked to files (.HTML, .JPG, GIF, etc.) stored on our server. Note: CGI chat scripts are also not allowed and are considered an abuse of unlimited bandwidth. Any CGI scripts that consume large amounts of CPU usage or memory are also not allowed. The user will be asked to remove any script that abuses system resources.
Server Abuse Any attempts to undermine or cause harm to a server is strictly prohibited and subject to termination on the spot with no warnings.
Clients consent to us public disclosure that they are providing services to the client, which may include using the clients’ name in promotional materials. We reserve the right to use client quotes for promotional uses. Electronic Notifications Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules, and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
We have no intention to increase the fee for the second years renewal onwards. If you subscribed to a recurring payment, it will remain the same.
Taxes: We do not charge Users taxes of any kind.
User acknowledges that the amount of the fee for the service is based on the User’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event we terminate the Agreement for User’s breach of the Agreement, or Customer terminates the service other than in accordance with Termination requirements for You champ’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
User represents and warrants to us that the information he, she, or it has provided and will provide to us for purposes of establishing and maintaining the service is accurate. By using the hosting, Users agree that they are over the age of 18.
User shall fully defend, indemnify, pay and hold harmless We and its managers, members, employees, affiliates, attorneys, agents, contractors and licensors for any User violation(s) of this TOS Agreement and for any violation(s) by a sub-User of, client of, customer of, reseller of, user of, sub-user of, or similar party related to, User that results in any loss, damage, cost or expense to us or an we -related party, or in any claim made or threatened against us or an we -related party by any third-party.
Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind arising in connection with the Agreement, even if the party has been advised or should be in aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of us and any of its employees, agents or affiliates, under any theory of law shall be a payment of money not to exceed the amount payable by the User for three months of service.
Requests for User Information
User agrees that we may, without notice to User, 1) report to the appropriate authorities any conduct by User or any of User’s customers or end users that we believe violates applicable law, and 2) provide any information that has about User or any of its users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
We shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Youchamp’s control, including, without limitation, signification failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
User agrees to cooperate with us the reasonable investigation of any suspected violation of the AUP and Terms of Service. Our services are physically hosted in the US. We will not allow any illegal activities of any kind. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. Neither party will represent itself to be the agent of the other. Users may not transfer the Agreement without our prior written consent. We may assign the Agreement in whole or in part.
Users who are found to be in abuse of these Terms of Service will immediately have their accounts suspended.