Spam, bulk, or unsolicited email is strictly prohibited. We have a zero tolerance for this and any account that violates this will be immediately shut down. Any violation will be subject to a $200 fine. YamsHost will be the sole arbiter of what constitutes a violation. This includes but is not limited to sending a bulk mailing, unsolicited commerical email, emails sent from outsite the server advertising your site, opt-in and opt-out lists. Questions on this can be sent to tos@yamshost.com

Right to Refuse Service: YamsHost reserves the right to refuse it's services to anyone for any reason. This policy is enforced to ensure a professional and secure environment for all customers on our systems.

Use of YamsHost Service constitutes acceptance and agreement to YamsHost's AUP, YamsHosts's TOS (Terms of Service) as well as YamsHost Services (Service Level Agreement).

All provisions of this contract are subject to the TOS (Terms of Service) of YamsHost, AUP (Acceptable Use Policy) and YamsHost (Service Level Agreement). The AUP may be changed from time to time at the discretion of the Company. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois applicable to contracts enforceable in that state. Venue will be the city of Glen Ellyn, Illinois.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition YamsHost shall have the right to terminate all service set forth in this Agreement.

Service Rates: Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Client. Client is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup.

Payments and Fees:
Refund and Disputes: All hosting plans are recurring billing cycles. To cancel fill out our online cancellation form located at https://www.yamshost.com/cancellation/ or fax your cancellation request to 630-469-9737 You will receive a confirmation number within 24 hours. We do not accept cancellation requests via email or in the form of a charge back. Refunds will not be given in the form a charge back. To obtain refund call 630-469-9735 or fax a refund request to 630-469-9737. If you do a charge back you must pay an administration fee equal to the amount of the charge back plus an additional $35 per charge back plus any collection fees and/or legal fees.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Client to pay charges when due. Such termination or denial will not relieve Client of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: All requests for canceling accounts must be made in writing to account-cancellations@yamshost.com. You must have all account information to cancel.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Client further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support Boundaries: YamsHost provides technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: YamsHost provides support related to your server or functioning. YamsHost does not offer tech support for application specific issues such as CGI, JavaScript, PHP or ASP programming, html or any other such issue. YamsHost Services does not provide technical support for YOUR Clients. If you can email, we encourage you to email support@yamshost.com or utilize the online ticket system for assistance. Any request of technical support warrants the possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, customer installed software/scripts, or Control Panel functionality. If a staff member of YamsHost is required to login to your server to provide support, system administration fees can be applied to your account. Charges are applied at an hourly rate and applied to the next billing cycle.

SPAM and Unsolicited Commercial Email (UCE): YamsHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of YamsHost may not use or permit others to use our network to transact in UCE. Clients of YamsHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of YamsHost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, YamsHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, YamsHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, YamsHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, YamsHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. YamsHost will notify law enforcement officials if the violation is believed to be a criminal offense.

PengunHost does not allow bulk emailing software or email havesting software to be sold or distributed.

Violations of this policy will result in an "Administrative Fee" of $500 and your account will be immediately terminated. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $150 per hour that YamsHost personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Clients are ultimately responsible for the actions of their clients over the YamsHost network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Domains
Registration Data.
When you register or transfer a domain name, you are required to provide us with certain information. This information includes:

Your full name, postal address, e-mail address, voice telephone number, and fax number if available; The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; The IP addresses of the primary nameserver and any secondary nameserver(s) for the TLD name; The corresponding names of those nameservers; The full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the TLD name; The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the TLD name; The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the TLD name; and Any remark concerning the registered TLD name that should appear in the WHOIS directory.

You agree to update this information to keep it current, complete and accurate. You also agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.

Network
IP Address Ownership: If YamsHost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to YamsHost Services, and Customer shall have no right to use that Internet Protocol address except as permitted by YamsHost in its sole discretion in connection with the Services, during the term of this Agreement. YamsHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by YamsHost, and YamsHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the YamsHost website. YamsHost Services will monitor Customer's bandwidth via MRTG. YamsHost Services shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in YamsHost's sole and absolute discretion. All account are subject to a 5 gigabyte daily bandwidth limit. If an account exceeds this it may be shut down and service discontinued. In the event that a customer exceeds the included allocation, YamsHost may, at its sole discretion, collect a deposit, in an amount determined by YamsHost, against customer's credit card on file with YamsHost.

Items that have additional charges include and are not limited to:
http://www.yamshost.com/additional.html

System and Network Security: Users are prohibited from violating or attempting to violate the security of the YamsHost Network. Violations of system or network security may result in civil or criminal liability. YamsHost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Excessive Resource User Policy: Resources are defined as processor and ram utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. YamsHost will be the sole and final arbiter as to what constitutes a violation of this policy. Databases cannont exceed 30% of your total disk space.

YamsHost has a 99.9% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole. If a single server is temporarily offline, the rest of the YamsHost servers remain unaffected and uninterrupted, thus contributing to our overall uptime.

Software distribution, and copyrighted mp3, and other music files may not be used on our network.

Due to the special system and network requirements of adult-oriented sites, pornography and sex-related merchandising are prohibited for Web Hosting customers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

YamsHost does not allow IRC or IRC bots to be operated.

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Addition of IP addresses that have not been specifically assigned to the server.

Notification of Violation: YamsHost is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

Any User, which YamsHost Services determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at YamsHost's discretion to a temporary or permantent suspension pending a User's agreement in writing, to refrain from any further violations.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: YamsHost Services reserves the right to suspend network access to any customer if in the judgment of the YamsHost network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which YamsHost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts/machines were suspended.

YamsHost reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of YamsHost must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: YamsHost wishes to emphasize that in agreeing to the YamsHost Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies YamsHost for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to YamsHost or the bringing of any claim against YamsHost by any third-party. This means that if YamsHost is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against YamsHost, plus all costs and attorney's fees.

Miscellaneous Provisions: You MUST provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation.

YamsHost takes no responsibility for any material input by others and not posted to the YamsHost Network by YamsHost. YamsHost is not responsible for the content of any other websites linked to the YamsHost Network; links are provided as Internet navigation tools only. YamsHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

YamsHost is not responsible for any damages your business may suffer. YamsHost does not make implied or written warranties for any of our services. YamsHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by YamsHost.

Responsibility for Content: You, as YamsHost's customer, are solely responsible for the content stored on and served by your YamsHost server.