Terms of Service:
These Terms of Services ("TOS") constitute a binding agreement between you, the customer or end user, and Tnc Domain Management LLC d.b.a YokuHosting ("YokuHosting") with respect to your use of the services provided by YokuHosting. All users of YokuHosting's services, and all customers upon signing up for said services, agree to comply with the TOS. The objective of the TOS is to ensure customers are using YokuHosting's services with respect to the rights of other Internet users and in conformity with the requirements of YokuHosting's network environment. The TOS agreement is not exhaustive and YokuHosting reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.YokuHosting.com or notification of the modified TOS. Any complaints about a customer's violation of the TOS should be sent to abuse@YokuHosting.com.
Except when expressly agreed to the contrary in writing by an authorized representative of YokuHosting, this TOS supersedes any other agreement with YokuHosting, whether written, oral, by conduct, or otherwise.
- A. YokuHosting Terms of Services
- B. YokuHosting Domain Registration Clauses
- C. Billing Policy
- D. Abuse and copyright violations
A. YokuHosting Terms of Services
Yokuhosting may at its sole discretion discontinue, upgrade, replace, modify, or change in any way, without limitation, any YokuHosting service, and/or any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with YokuHosting's services. Certain changes to YokuHosting's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and YokuHosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by YokuHosting. YokuHosting may but is not obligated to provide customers with notice of any such modifications.
Ownership of account
The legal owner of customer's account and cloud servers with YokuHosting.com will be the individual or organization whose name is listed in YokuHosting's database as the owner. Customers will fully cooperate with and abide by any and all of YokuHosting's security measures and procedures in the event of any dispute over ownership of customers' websites and accounts with YokuHosting.
Customer is responsible for maintaining current contact information with YokuHosting, i.e. Email address, phone, cell phone and any other method of communication. YokuHosting is not be held liable for any downtime, loss of data resulting from the inability to communicate with a customer due to invalid contact information.
YokuHosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing YokuHosting services, all YokuHosting customers certify that they and/or the organization they represent in procuring services from YokuHosting are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to YokuHosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IP and referencing in the spam a website hosted on a YokuHosting server, and selling or distributing software (on a website residing on a YokuHosting server) that facilitates spamming. YokuHosting requires that all customer's emails and mailing lists (if any) are in full compliance with the Can-Spam Act as outlined here: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business. YokuHosting also prohibits the use of third party/purchased mailing lists. The first violation of this policy will result in a written warning. A second violation will result in immediate suspension of the customer's email services. Subsequent violations may result in customer's account being closed and a minimum fine of $200 accessed. YokuHosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding (DoS), creating or sending internet viruses, worms, trojans horses, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use YokuHosting's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The use of YokuHosting's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. YokuHosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
YokuHosting is concerned with the privacy of on-line communications and websites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, YokuHosting urges its customers to assume that all of their on-line communications are insecure. YokuHosting cannot take any responsibility for the security of information transmitted over YokuHosting's facilities. Additional details on privacy and YokuHosting's use of customer information can be found in YokuHosting's Privacy Statement located here.
Customers are required to use the YokuHosting network responsibly. This includes respecting the other customers of YokuHosting. YokuHosting reserves the right to suspend and/or cancel service with any customer who uses the YokuHosting network in such a way that adversely affects other YokuHosting customers. While YokuHosting may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, YokuHosting does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when YokuHosting becomes aware of any violation of the TOS or other user agreements, YokuHosting may take any action to stop or correct such violation, including, but not limited to, denying access to YokuHosting's services and equipment or to the Internet. In addition, YokuHosting may take action against a customer or a customer of such customer because of the activities of such customer. YokuHosting anticipates that customers who offer Internet services will cooperate with YokuHosting in any corrective or preventive action that YokuHosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of YokuHosting policy and YokuHosting reserves the right to take any such action even though such action may affect other customers of the YokuHosting customer.
Actions Taken by YokuHosting
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. YokuHosting will be the sole arbiter as to what constitutes a violation of the TOS. YokuHosting reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When YokuHosting becomes aware of an alleged violation of its TOS, YokuHosting will initiate an investigation. During the investigation, YokuHosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, YokuHosting may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, YokuHosting will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. YokuHosting does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by YokuHosting.
Furthermore, YokuHosting reserves the right to suspend or terminate your account if so ordered by an authoritative body of competent jurisdiction, or if the continuing provision of services to customer may result in a legal or material risk to YokuHosting, or if it YokuHosting is not legally permitted to provide services to you.
YokuHosting customers agree to protect, defend, hold harmless, and indemnify YokuHosting, any third party entity related to YokuHosting (including, without limitation, third party vendors), and YokuHosting's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of YokuHosting's services.
The YokuHosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. YokuHosting expressly disclaims any representation or warranty that the YokuHosting service will be error-free, secure or uninterrupted. No oral advice or written information given by YokuHosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. YokuHosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, YokuHosting may immediately terminate provision of YokuHosting's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against YokuHosting in such event.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will YokuHosting (including, without limitation, YokuHosting's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing YokuHosting's services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expenses increase, costs of substitute products and/or YokuHosting services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any YokuHosting services even if YokuHosting has been advised of the possibility of such damages. All claims and causes of actions arising in connection with YokuHosting or YokuHosting's services are permanently barred unless the claim or cause of action is commenced within 6 months after the basis of the claim or the cause of action arose, regardless of any statutory limitation period allowing for a longer period. YokuHosting's total cumulative liability, if any, to customer, or any third party, for any and all damages, related to the TOS or YokuHosting's services, including, without limitation, those from any negligence, any act or omission by YokuHosting or YokuHosting's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual dollar amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
Backup of Data
Except where YokuHosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and YokuHosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with YokuHosting services.
Third Party Licenses/Providers
YokuHosting makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, YokuHosting makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, YokuHosting specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold YokuHosting liable in any way for the revocation of any license, which has been licensed to YokuHosting. The use of the Technologies obtained from or through YokuHosting, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
You agree that certain services may be provided by third party providers of YokuHosting and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
Any mention of non-YokuHosting products by YokuHosting, its employees, or any third party entity related to YokuHosting is for information purposes only and does not constitute an endorsement or recommendation by YokuHosting. YokuHosting disclaims any and all liabilities for any representation or warranty made by the vendors of such non-YokuHosting products or services.
YokuHosting's Intellectual Property
Customers will not, without YokuHosting's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on YokuHosting's website, and customers will not use any of YokuHosting's trademarks, service marks, copyrighted materials, or other intellectual property without YokuHosting's express written consent. Customers will not, in any way, misrepresent their relationship with YokuHosting, attempt to pass themselves off as YokuHosting, or claim that customers are YokuHosting.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for YokuHosting's services, either in whole or in part, without the prior written consent of YokuHosting.
Minimum Age Requirement
YokuHosting customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a YokuHosting customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for YokuHosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains YokuHosting's express written consent to the contrary. Any acceptance of the TOS or any other agreement for YokuHosting's services will be deemed null and void to the extent that YokuHosting will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of YokuHosting's services.
Any and all claims or disputes arising out of or relating in any way to the Agreement, the relationship of the parties under the Agreement, or the Services provided under the Agreement (including but not limited to requests for specific performance) shall be submitted to mandatory binding arbitration. The arbitration shall be administered by the American Arbitration Association ("AAA") and conducted pursuant to the AAA's then current Commercial Arbitration Rule (the "Rules"). The arbitration hearing shall be conducted in the English language and shall take place in Trenton, New Jersey before a single arbitrator selected in accordance with the Rules. The parties shall each bear the costs of the arbitration in equal shares. The parties shall also bear their own legal fees (including but not limited to attorneys' fees) in connection with the arbitration, and the arbitrator(s) may not reallocate the legal fees in conjunction with their award. Any award rendered by the arbitrator shall be confirmed in a state or federal court of competent jurisdiction in Trenton, New Jersey and each party hereby irrevocably submits and consents to, and waives any objection to, personal jurisdiction and venue in such court.
Governing Law and Severability
The TOS, and any other agreement for YokuHosting services, will be governed by and construed in accordance with the laws of the State of New Jersey, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and YokuHosting will take place in New Jersey, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other YokuHosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
YokuHosting will not be liable for delays in its performance of the TOS or YokuHosting services caused by circumstances beyond YokuHosting's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). YokuHosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the TOS or other agreement for YokuHosting services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of YokuHosting.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between YokuHosting and its customers. Each of YokuHosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for YokuHosting services, constitutes the complete understanding and agreement between YokuHosting and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of YokuHosting, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for YokuHosting services is between YokuHosting and its customers only and will not confer any rights in any third party except as otherwise expressly provided by YokuHosting.
B. YokuHosting Domain Registration clauses
For domain name registration services where a third party provider is named in your place ("Proxy Services"), you agree that if YokuHosting or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If YokuHosting provides the particular Proxy Services, then YokuHosting reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
If you purchase a domain through YokuHosting, YokuHosting reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this TOS, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) YokuHosting's receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to YokuHosting as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
C. Billing Policy
All charges are shown in US Dollars. Payments are to be made in US dollars. YokuHosting accepts the following types of payment:
- Check or Money Order
- Credit Card (VISA, MasterCard, American Express, Discover)
ALL PAYMENTS ARE DUE ON THE ACCOUNT DUE DATE. The Account Due Date is the monthly anniversary of the date the account was activated. If you provide YokuHosting your credit card information, you authorize YokuHosting to automatically charge your credit or debit card for charges that apply to your account including any recurring charges and additonal fees. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with YokuHosting's Billing Policy in the TOS. You are responsible for directly updating, or notifying YokuHosting, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (15) days of the Account Due Date.
Accounts that are past due may be suspended at any time with or without notice. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
YokuHosting offers four Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months), Bi-annually(6 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Check and Money Order payment methods are limited to Annual, Bi-annual or Quarterly Billing Cycles.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account, including any domains, are charged monthly, or otherwise according to the schedule agreed to upon signing up for said features. Additional items are non-refundable.
In order to insure that your services remain uninterrupted, all services, including without limitation, hosting, domains, and any additional features, will automatically renew at the end of the relevant billing cycle or registration term. All renewal charges are based on the prevailing rate on the date of renewal according to the service selected. All services are renewed for the same billing cycle/term, with the exception of domain registrations, which are renewed for successive one-year terms. If you wish to cancel any of your services before the relevant expiration/renewal date, please refer to the Cancellation section below.
YokuHosting does not mail paper invoices or statements. Statements can be viewed and printed through The client Portal.
Returned (NSF) Checks
YokuHosting charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
Credit Card Chargebacks
A $25.00 chargeback fee will be assessed for each credit card chargeback received by YokuHosting.
Cloud Hosting Plan Changes
All YokuHosting plans are flexible and can be modified at any time.
Upgrades will result in a pro-rated initial charge and then added on to recurring bill.
Downgrades will apply at the end of your current billing cycle and do not qualify for a pro-rated refund
Changes to your Operating system type or a primary disk space downgrade will require an OS reload which will result in complete data loss which Yokuhosting is not responsible for.
Cloud application servers that require an OS reload will be reset the original server specs with initial software setup. Custom work would have to be re-requested and any fees would re-apply.
All Cloud services will automatically renew until they are cancelled. In order to cancel a service, you must submit your cancellation within the YokuHosting client portal at least 48 hours prior to the renewal of said service. Cancellation are effective on your next due date. Immediate cancellations do not qualify for pro-rated refund.
YokuHosting does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to YokuHosting's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. YokuHosting reserves the right to cancel any account, at any time, without notice, for any reason YokuHosting considers appropriate.
YokuHosting's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Money Back guarantee
Exceptions that would qualify you for a refund are, special promos with money back guarantee provisions.
BitCoin payments do not qualify for any refunds or SLA credits of any kind
D. Abuse and copyright violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All YokuHosting customers are subject to the requirements of the DMCA. Customers who are the subject of a DMCA notification that meets the DMCA criteria may be subject to account termination at YokuHosting's sole discretion.