Legal [v3 01/2020]
Terms of Service Agreement
This Agreement is made, entered into and executed at Greater Noida, Uttar Pradesh, India on 31 May 2020 (hereinafter referred to as the “Effective Date”)
Customer Agreement
All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on YetaHost You shall agree to use only licensed and legal third party softwares in connection with your use of our services. YetaHost reserves the right to suspend or cancel a customer's access to any or all services provided, at any time, or when YetaHost decides that the account has been inappropriately used or otherwise.
Content
YetaHost reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.
Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.
Website content that promotes or advocates human trafficking in any way shape or form as determined by YetaHost’s sole discretion, sites that promote prostitution, or escort services.
Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.
Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of YetaHost.
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Games - We strictly do not allow to host any kind of games on linux servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.
IRC Hosts - Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.
YetaHost reserves the right to deem any other content or literature as "prohibited" if found to be indecent, rude, hate content & generally unacceptable.
Refer General Acceptable Use Policy for complete details on prohibited content and activities.
In compliance with DMCA act, YetaHost has adopted procedures for parties who believe that a hosted site on our service is infringing their copyrights. All copyright complaints must be submitted to admin@yetahost.com
Abuse Of Resources
Any attempts to compromise or actual compromise of a network device belonging to YetaHost or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Denial of Service (DOS) attacks directed at YetaHost, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "Warez". Any authentic complaint received will be investigated and may result in termination of service.
The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.
Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients' accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.95% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.
If any client is in any way disrespectful towards any member of the YetaHost staff we have full right to remove them from our services without any refund.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)
Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer's access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Further more, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $250.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $500. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.
We have a zero tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
We also prohibit hosting of publicly-accessible "open relay" SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.
Uptime Guarantee
Our Engineers 24/7 monitor our uptime using Uptime Robot to give you 99% Uptime Guarantee.
YetaHost will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
