WEB AND EMAIL HOSTING
TERMS OF SERVICE / USER AGREEMENT (A)
This brief outline is to aid your understanding of Yello’s Hosting Terms of Service. The complete Terms of Service you will be bound to are below.
- Yello does not allow unsolicited email (commonly known as SPAM). Furthermore, we require CAN-SPAM standards compliance - http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm - for all email lists.
- Yello reserves the right to limit incoming or outgoing email at any time. In the event you reach a limitation, we may, at our sole discretion, adjust your limit at your request.
- Yello utilizes shared hosting technology to host your site. Due to the nature of shared hosting and the ability for you, as an individual user of a shared environment, to adversely affect other users, we reserve the right, at any time, to take action to prevent you from harming the servers, networks, or other users. Action may include suspension, site modification, blocking of access, rerouting of domains or IPs, and other actions.
- Yello reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to):
- Abuse of the machines - either intentional or due to improper coding
- Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, "hacking"/"cracking"/"key generators".
- The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
- Additionally, Yello reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, "adult content" and/or the written word of a sexual nature.
- Use of ad-servers, attempts to circumvent quota system owned by 'nobody', certain podcasting or video sites, use of torrent software, proxies, excessive resource usage or 'core dumping'.
- Attempts to circumvent any of our security policies, procedures or systems.
USER AGREEMENT (B)
This User Agreement ("Agreement") is an agreement between Yello (an TM of ARSC Networks), ("Company") and the party set forth in the related order form ("Customer" or "You") incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services ordered by Customer on the Order Form (collectively, the "Services").
PLEASE READ THIS AGREEMENT CAREFULLY.
BY SIGNING UP FOR THE SERVICES CREATES A CONTRACT BETWEEN CUSTOMER AND COMPANY, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION AND THIS USER AGREEMENT AND YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING COMPANY'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
- Acceptable Use Policy. Under this Agreement, Customer shall comply with Company's then current Acceptable Use Policy ("AUP"), as amended, modified or updated from time to time by Company, which currently can be viewed under the Legal Details section of this web site, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. Company does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, you will be responsible for Your customers content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, Company may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event Company takes corrective action due to a violation of the AUP, Company shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that Company shall have no liability to Customer or any of Customer's customers due to any corrective action that Company may take (including, without limitation, disconnection of Services).
- Term; Termination; Cancellation Policy
- The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew. Additionally, after the initial term, you acknowledge, agree and authorize company to send renewal notice to you 30 days in advance. The services will automatically suspend provided the payment has not been received until last day of service. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
- Additionally, to ensure your domain registration renewal processes successfully, Yello may process the renewal charge up to two weeks in advance of your expiration date unless you explicitly request otherwise.
- This Agreement may be terminated
- by Company in the event of non-payment by Customer, by Company, at any time, without notice, if, in Company's sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of the this Agreement and related agreements, AUP, or Customer's use of the Services disrupts or, in Company's sole and absolute discretion and/or judgment, could disrupt, Company's business operations and/or by Company as provided herein.
- Company may terminate this Agreement, without penalty,
- if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable; or
- immediately, if Company determines that Customer's use of the Services, the Web site or the Customer Content violates any Company term or condition, including this AUP, User Agreement, Spamming Policy, or Domain Policy. If Company cancels this Agreement prior to the end of the Term for Your breach of this Agreement and related agreements, including the AUP, User Agreement, Spamming Policy, or Domain Policy or Customer's use of the Services disrupts our network, Company shall not refund to You any fees paid in advance of such cancellation and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation; further, You shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term
- Upon termination of this Agreement for any cause or reason whatsoever, Yello will either release your domain, if not renewed on time or pass the domain rights to your new provider (if any) provided all charges due have been paid to its fullest.
CANCELLATION OF SERVICES - REFUND POLICY (C)
- Cancellations and Refunds.
- Company provides a 90-day free period to use our services. 100% money back guaranteed for web hosting and emails. Any charges towards domain registration (as is from domain registrar) will not be refunded.
- Cancellations post 90 Days. In the event Subscriber cancels the Services prior to the expiration of 90 calendar days, Subscriber will not receive any refunds for the subscription for the said term
- Customer Responsibilities.
- Customer is solely responsible for the quality, performance and all other aspects of the Customer Content and the goods or services provided through the Customer Web site.
- Customer will cooperate fully with Company in connection with Company's performance of the Services. Customer must provide any equipment or software that may be necessary for Customer to use the Services. Delays in Customer's performance of its obligations under this Agreement will extend the time for Company's performance of its obligations that depend on Customer's performance on a day for day basis. Customer will notify Company of any change in Customer's mailing address, telephone, electronic mail or other contact information.
- Customer assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Customer Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
- Because the Services permit Customer to electronically transmit or upload content directly to the Customer Web site, Customer shall be fully responsible for uploading all content to the Customer Web site and supplementing, modifying and updating the Customer Web site, including all back-ups. Customer is also responsible for ensuring that the Customer Content and all aspects of the Customer Web site are compatible with the hardware and software used by Company to provide the Services, as the same may be changed by Company from time to time. Specifications for the hardware and software used by Company to provide the Services will be available on Company's Web site. Customer shall periodically access Company's Web site to determine if Company has made any changes thereto. Company shall not be responsible for any damages to the Customer Content, the Customer Web site or other damages or any malfunctions or service interruptions caused by any failure of the Customer Content or any aspect of the Customer Web site to be compatible with the hardware and software used by Company to provide the Services.
- Customer is solely responsible for making back-up copies of the Customer Web site and Customer Content.
- Customer's Representations and Warranties - Customer hereby represents and warrants to Company, and agrees that during the Initial Term and any Term thereafter Customer will ensure that:
- Customer is the owner or valid licensee of the Customer Content and each element thereof, and Customer has secured all necessary licenses, consents, permissions, waivers and releases for the use of the Customer Content and each element thereof, including without limitation, all trademarks, logos, names and likenesses contained therein, without any obligation by Company to pay any fees, residuals, guild payments or other compensation of any kind to any Person or Entity;
- Customer's use, publication and display of the Customer Content will not infringe any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any person, or constitute a defamation, invasion of privacy or violation of any right of publicity or any other right of any person, including, without limitation, any contractual, statutory or common law right or any "moral right" or similar right however denominated;
- Customer will comply with all applicable laws, rules and regulations regarding the Customer Content and the Customer Web site and will use the Customer Web site only for lawful purposes; and
- Customer has used its best efforts to ensure that the Customer Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
- Customer shall be solely responsible for the development, operation and maintenance of Customer's web site, online store and electronic commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation
- the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and
- ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its web site and online store.
- Customer grants Company the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services.
- In addition to transactions entered into by Customer on Your behalf, Customer also agrees to be bound by the terms of this Agreement for transactions entered into on Customer's behalf by anyone acting as Customer's agent, and transactions entered into by anyone who uses Customer's account, whether or not the transactions were on Customer's behalf
- License to Company. Customer hereby grants to Company a non-exclusive, royalty-free, worldwide right and license during the Initial Term and any Term thereafter to do the following to the extent necessary in the performance of Services under the Order:
- digitize, convert, install, upload, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink the Customer Content; and
- make archival or back-up copies of the Customer Content and the Customer Web site.
- Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Customer Content, all of which shall remain solely with Customer.
- Company, in its sole discretion, reserves the right (i) to deny, cancel, suspend, transfer or alter, modify, correct, amend, change, program, or take any other corrective action to protect the integrity and stability of the Services (including altering, modifying, correcting, amending, changing, programming, or taking any other corrective action regarding any malicious code, software or related abusive activity, Customer Content and/or web site(s)), and/or (ii) to comply with any applicable laws, government rules, or requirements, requests of law enforcement, or to avoid any liability, civil or criminal. Customer further agrees that Company shall not be liable to Customer for any loss or damages that may result from such conduct.
- Billing and Payment.
- Customer will pay to Company the service fees for the Services in the manner set forth in the Order Form.
- Company may increase the Service Fees (i) in the manner permitted in the service description and (ii) at any time on or after expiration of the Initial Term by providing ten (10) days prior written notice thereof to Customer.
- Customer acknowledges and agrees that Company may pre-charge Customer's fees for the Services to its credit card supplied by Customer during registration for the Initial Term.
- You acknowledge, agree and authorize company to automatically bill and/or charge your credit card additional service in 12-month increments, unless terminated or cancelled by either party as provided in C.1.b
- Internet Protocol (IP) Address Ownership.
- If Company assigns Customer an Internet Protocol ("IP") address for Customer's use, the right to use that IP address shall belong only to Company, and Customer shall have no right to use that IP address except as permitted by Company in its sole and absolute discretion in connection with the Services, during the term of this Agreement. Company shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Company, and Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
- Yello utilizes several methods, automated and with human intervention, to monitor and control resource usage and reserves the right to limit access to those resources at any time, up to and including, suspending any site whose resource utilization exceeds normal levels, regardless of whether or not it is impacting performance at that time and regardless of package levels purchased.
- Bandwidth Usage - Company will attempt to provide sufficient bandwidth for its customer's sites as far as is commercially viable. Excessive bandwidth usage from national media traffic or DOS attacks may result in the account being disabled without warning. Company's bandwidth is meant for delivering websites to end-users - high-bandwidth transfers between other servers is not permitted. The use of Yello's services solely for media streaming is not permitted.
- IMAP and mail storage - Company provides IMAP mail services to its customers, however we do not directly monitor size. Customers are responsible for making sure their inboxes do not reach unreasonable sizes and beyond the capacity provided based on the package subscribed to. Sending and receiving of emails may be affected or stopped in the event of mailbox size going beyond subscribed limits.
- Disclaimer of Warranty. Customer agrees to use all Services and any information obtained through or from Company, at Customer's own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company's host computers, network Yellos and points of presence or the Internet. The terms of this section shall survive any termination of this Agreement
- Limitation of Liability.
- Transfer of Ownership – Yello does allow transfer of ownership, with a nominal fee of INR 3000. This transfer is within subscription period.
- Transfer to another provider – Yello does allow transfer of account to another provider at no cost. There will be no refunds as described in 2.f
- Retrieval of data post account closure – Yello will retain customer information for a period of 30 days to maximum of 45 days, customer is requested to provide a ftp link with login credentials for Yello to upload data before being wiped from Yello’s servers
Customer acknowledges the terms and conditions as part of registration form and agrees to abide by them. ARSC (Yello is a TM of ARSC) reserves right to modify the terms & condition and any changes will be communicated to customers over email.