Terms of Service
This policy represents the YucatanDesign.com Terms of Service (“TOS”) in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all YucatanDesign.com customers agree to when they sign-up for any of the YucatanDesign.com web site hosting services.
YucatanDesign.com reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers. Customers using any services offered by YucatanDesign.com agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their email or blog hosting service with YucatanDesign.com .
YucatanDesign.com retains the sole discretion to make judgment regarding any violation by any YucatanDesign.com customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer’s services without refund.
In consideration for YucatanDesign.com maintaining one or more accounts (each “Account”), you, as the YucatanDesign.com customer, agree to the following terms of service.
* “We” “Us” or “Provider” or “YucatanDesign.com “. * “You” “Your” “Client” “Customer” or “Member” – Each person or entity who applies for internet service or is a designate of anyone who applies for internet service.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times. YucatanDesign.com however, offers a 99.9% uptime guarantee. This is valid for only the YucatanDesign.com servers and our primary co-location internet connection.
YucatanDesign.com is not responsible for any down time caused by any provider’s hardware or network malfunction which is outside of YucatanDesign.com capability to directly correct. YucatanDesign.com clients are diverse and their web sites and the function of those web sites are diverse and YucatanDesign.com cannot be held responsible for any service interruption due to client’s error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
YucatanDesign.com MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES.
Neither YucatanDesign.com nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of YucatanDesign.com , even if YucatanDesign.com has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL YUCATANDESIGN.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE YUCATANDESIGN.COM . SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF YUCATANDESIGN.COM. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF YUCATANDESIGN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YucatanDesign.com . MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO YucatanDesign.com FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, YucatanDesign.com . LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold YucatanDesign.com and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto YucatanDesign.com servers.
Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to YucatanDesign.com . equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by YucatanDesign.com . gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Services Provided by YucatanDesign.com YucatanDesign.com will provide Internet service email and blog rental (“the Service”) to its members for the express purpose of allowing customers to provide Internet content to the general public. The Service allows YucatanDesign.com members to receive and maintain e-mail accounts and access web space to upload files to their blogs.
YucatanDesign.com members will use the provided services in a manner consistent with any and all applicable laws. YucatanDesign.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. YucatanDesign.com reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, YucatanDesign.com can terminate client’s account without notification.
* Client Content:
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of YucatanDesign.com or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to YucatanDesign.com or any third party. Customers may not run IRC, bots or clients. Clients may not use YucatanDesign.com servers for file storage unrelated to the client’s web site, storage Space is for active web site file pages only.
YucatanDesign.com ‘ shared hosting account holders may not act as a reseller, which means that clients may not host any web sites in their addon domains that are not domains owned by the client on record at YucatanDesign.com .
Unacceptable uses also include: Link Farms, Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, religious affiliations, copyright infringement, trademark infringement, warez, cracks, software serial numbers, proxy(ies) and image/file sharing web sites.
YucatanDesign.com will be the sole and final arbiter as to what constitutes a violation of this policy. YucatanDesign.com does not normally monitor the contents of clients servers, however if suspicion occurs, YucatanDesign.com reserves the right to investigate and terminate the clients subscription to the service. If a customer’s hosting account is found to have violated the client content, excessive resource user policy and/or is storing files for archiving purposes, the contents will be removed and while we make best effort to contact customers before hand, can occur without notice. * No “Spam”: UCE/UBE or “Spam” originating from a server located on our network or associated with a YucatanDesign.com server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the YucatanDesign.com network but is sent from an e-mail address not associated with that YucatanDesign.com account. Client shall not use their YucatanDesign.com services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process.
YucatanDesign.com reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
* Excessive Exploits
It is the responsibility or our web hosting clients to maintain the latest exploit free version of the scripts. If a script that our blog hosting clients uploads to our servers is found to have security lapses and allows a third party to “hack”, “exploit”, “deface” their site(s) it is the responsibility of our clients to either remove that script. YucatanDesign.com reserves the right to terminate that clients’ account and provide them with a prorated refund.
* False Information:
Customer agrees not to post false or inaccurate information to news groups in violation of the news groups rules and regulations. If any news groups or service provider contact YucatanDesign.com concerning unethical, false or unlawful activities by you, YucatanDesign.com reserve the right to suspend or terminate your service with or without notice.
* Back-Up Files:
It is the responsibility of the customer to keep up-to-date archives of their backed up data. YucatanDesign.com does provide backup copies of our clients web site files for customer use although is not responsible for any loss of data.
Mail Box Size Restriction:
Each account is allowed up to 250 Megabytes which is the equivalent of approximately 2500 emails.
When the user mailbox hits 80%, the system will issue you a pre-warning that you are reaching your mailbox limit. If the user reaches 100% full, the system will refuse to accept any email to your account. If you do not clean your email account by deleting unnecessary emails within two weeks of being 100% capacity, the user account will be considered abandoned and deleted.
* Payment Obligations:
Full payment is required in advance before hosting service is established. YucatanDesign.com sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that YucatanDesign.com may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended.
It is the client’s responsibility to ensure that payment is made to YucatanDesign.com prior to the renewal date and although YucatanDesign.com sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying YucatanDesign.com , the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal.
Yucatan Design will install your hosting services and website for free!
Hosting clients have access to review their hosting/site statistics and traffic logs.
Hosting accounts receive free Cpanel account portal!
We alert hosting clients regarding potential virus threats to their hosting account.
We offer unlimited databases and assist clients through installation.