Last Updated: November 1st, 2014
Your Web Live.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Your Web Live Service constitutes acceptance and agreement to Your Web Live AUP as well as Your Web Live TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Your Web Live, LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber 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 California, county of San Luis Obispo applicable to contracts enforceable in that state. Venue will be San Luis Obispo County, California.
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 Subscriber. In addition Your Web Live shall have the right to terminate all service set forth in this Agreement.
Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge (individual hosting accounts). Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Your Web Live may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. If a canceled account is reinstated and requires a restore from backups, a $25 fee will apply. Any credit card chargebacks placed on payments made to Your Web Live will incur a $25.00 penalty.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Legal Threats & Professional Behavior: Please behave in a reasonable manner towards Your Web Live, LLC employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Your Web Live, LLC employees or legal threats against the company are viewed as extremely serious. Your Web Live, LLC reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.
Account Transfers: Our team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best but in some cases, we may be unable to assist you in a transfer of data from an old host. Generally we will only provide the free transfer of all site files and databases. Transfer of email accounts, or re-configuration of PHP/ASP .NET applications on our servers are done at an extra cost or left to the user. Free account transfers are provided on a best-effort basis. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by the Your Web Live staff.
The free transfer services are available for 60 days from your sign up date. Transfers outside of the free period will incur a charge; please contact a member of the sales department with specific details to receive a price quote. Contact information can be found here.
Free Domain Registration/Transfers: Your Web Live offers free domain registration FOR ONE YEAR ONLY as a courtesy to our customers. After one year the customer will be billed $9.99 per year for domain renewal. Domains registered through this policy are the property of Your Web Live. The domain will remain property of Your Web Live as long as you are a customer with us, however, AFTER A PERIOD OF ONE YEAR, as long as the free domain has not expired, and the hosting account it is associated with has had all outstanding payments paid for, the customer has the right to transfer the domain name away to their choice of provider. Your Web Live guarantees this right.
To maintain the stability of our servers, we will not restore cPanel backups larger than 1 GB of size.
Account Cancellation: All requests for canceling accounts must be made in writing on the day of the cancellation through e-mail sent to sales. The email can be found on our contact page. You must have your billing username, last 4 digits of billing password and your domain name available in the email.
Subscriber 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, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
SPAM and Unsolicited Commercial E-mail (UCE): Your Web Live takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Your Web Live may not use or permit others to use our network to transact in UCE. Customers of Your Web Live 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 Your Web Live SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Your Web Live will initiate an immediate investigation (within 48 hours of notification). During the investigation, Your Web Live may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Your Web Live may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Your Web Live reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Your Web Live will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an "Administrative Fee" of $30 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.
IP Address Ownership: If Your Web Live assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Your Web Live, and Customer shall have no right to use that Internet Protocol address except as permitted by Your Web Live in its sole discretion in connection with the Services, during the term of this Agreement. Your Web Live shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Your Web Live, and Your Web Live 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.
System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The customer will receive a clear warning. Second or third violations may result in an immediate termination of your account. Your Web Live staff members will judge based on server performance on what type of activity is considered as abusive.
Background Processes: Background processes are not permitted on our servers. Please consult the sales department on whether your application can be handled by your product of choice.
Cron Jobs: While customers are able to setup cron jobs through their control panel (linux only), cron job timing can not be quicker than every 5 minutes. Each server will revert 'every minute' cron jobs to every 5 minutes on a nightly basis.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Your Web Live will monitor Customer's bandwidth and disk usage. Your Web Live shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. 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 Your Web Live sole and absolute discretion. If Your Web Live takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the Your Web Live Network. Violations of system or network security may result in civil or criminal liability. Your Web Live 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:
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 forum posting.
Taking any action in order to obtain services to which such User is not entitled.
Backups and Backup Access: Customer acknowledges that individual site backups are the responsibility of the customer. Your Web Live keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion.
Suspension of Service or Cancellation: Your Web Live reserves the right to suspend network access to any customer if in the judgment of the Your Web Live 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 Your Web Live chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete.
Right to refuse service: Your Web Live reserves the right to refuse service to any customer at any time within reasonable means/requests.
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. This information can be kept up to date at our billing panel.
A waiver by the Company of any breach of any provision of this Agreement by Subscriber 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. No chat software/scripts are to be used on our servers unless approved by management.
Subscriber 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 Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
Your Web Live takes no responsibility for any material input by others and not posted to the Your Web Live Network by Your Web Live. Your Web Live is not responsible for the content of any other websites linked to the Your Web Live Network; links are provided as Internet navigation tools only. Your Web Live 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.
Disclaimer of Warranties. SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. COMPANY HEREBY DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED AND STATUTORY), INCLUDING WITHOUT LIMITATION, ALL WARRANTIES (A) WITH RESPECT TO THE SERVICES (INCLUDING WITHOUT LIMITATION THEIR QUALITY, AVAILABILITY, PERFORMANCE, FUNCTIONALITY AND COMPATIBILITY WITH ANY OTHER SERVICE OR PRODUCT), (B) WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES, (C) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) OF NON-INFRINGEMENT, (E) OF MERCHANTABILITY AND (F) OF FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR COMPANY'S REPRESENTATIVES SHALL CREATE A WARRANTY.
Limitation of Liability. COMPANY SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE OF THE SERVICES CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL COMPANY BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION CONTAINED IN SUBSCRIBER’S WEBSITE OR OTHERWISE, OR LOSS OF GOODWILL OR OPPORTUNITY) WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. COMPANY SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. COMPANY’S ENTIRE LIABILITY AND SUBSCRIBER’S EXCLUSIVE REMEDY IS THE CANCELLATION OF SUBSCRIBER’S ACCOUNT. IN NO EVENT SHALL COMPANY’S LIABILITY TO SUBSCRIBER EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY SUBSCRIBER TO COMPANY FOR THE SERVICES IN DISPUTE DURING THE ONE YEAR PRECEDING THE CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING FROM, BASED ON OR RELATED TO THIS AGREEMENT OR THE PROVISION OF THE SERVICES MAY BE BROUGHT BY SUBSCRIBER MORE THAN ONE YEAR AFTER THE EVENT WHICH GIVES RISE TO THE APPLICABLE CAUSE OF ACTION. SUBSCRIBER’S RIGHTS MAY VARY FROM STATE TO STATE, AND SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THIS AGREEMENT. IN SUCH JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Responsibility for Content: You, as Your Web Live customer, are solely responsible for the content stored on and served by your Your Web Live server.
Last Updated: November 1st, 2014
Your Web Live's Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Your Web Live expects of them while using the service. All users of Your Web Live's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of Your Web Live Service constitutes acceptance and agreement to Your Web Live's AUP as well as Your Web Live's TOS (Terms of Service)
IMPORTANT NOTICE: All Payments To Your Web Live.com Are Nonrefundable Unless Otherwise Stated
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Your Web Live may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Your Web Live account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understanding of Your Web Live's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Your Web Live's AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
Your Web Live intends to provide its customers access to everything the Internet has to offer. While Your Web Live is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Your Web Live and the Internet and cannot be permitted under the guise of free speech. The resources of Your Web Live and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your virtual site to publish material, which Your Web Live determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a Your Web Live account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
VIOLATIONS OF Your Web Live ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
DMCA Violation and take down procedure: When a DMCA violation has been reported, each customer is notified and is given 24 hours to send us back a proper response or remove the pages/material in violation. After the 24 hour period, the site is suspended until we receive proper correspondence. The second and third violations result in an automatic account suspension and a fourth violation will cause an account removal.
Illegal use: Your Web Live services may not be used for illegal purposes, or in support of illegal activities. Your Web Live reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the Your Web Live service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
Threats: Use of Your Web Live service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Harassment: Use of Your Web Live service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of Your Web Live service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM): Use of the Your Web Live service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Your Web Live account.
Bulk Mailings: Bulk mailings of any kind or any size are not permitted to be sent from our servers.
E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Your Web Live account.
E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Your Web Live service is in violation of this AUP.
Unauthorized access: Use of the Your Web Live service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Your Web Live or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Your Web Live account is subject to immediate termination.
Copyright or trademark infringement: Use of the Your Web Live service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of personal data: Use of the Your Web Live service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
Free Hosting/Image Hosting Providers: Use of the Your Web Live service (shared hosting accounts) to provide free hosting or image hosting to the general public is illegal..
Network disruptions and unfriendly activity: Use of the Your Web Live service for any activity which affects the ability of other people or systems to use Your Web Live Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Your Web Live will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Your Web Live services could result in suspension service.
Verbal abuse of support personnel: Verbal abuse of Your Web Live personnel is not tolerated. Customers who continue to verbally abuse support personnel may be warned or asked to use a different provider.
Third Party Accountability: Your Web Live subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil liability. Your Web Live will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Your Web Live accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You have a limit of 2 gig disk space and 20 gig bandwidth per month, if you require more you can order additional space and/ bandwidth at a small additional cost You may not use resource-intensive programs which negatively impact other customers or the performances of Your Web Live systems or networks. Your Web Live reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF Your Web Live AUP
Your Web Live requests that anyone who believes that there is a violation of this AUP direct the information to the abuse department. The email address can be found on our contact page.
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files.
Other situations will require different methods of providing the above information.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Your Web Live reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).