UserAgreement

PRIVACY POLICY:

YourWebHQ understands and respects the fact that your privacy is important.  We guarantee that we will not provide your information to any third party except for purposes pertaining directly to this account.

YourWebHQ collects, retains and uses only the information about our customers that is required to administer the business and provide high-level services.  This information is retained no longer than necessary to meet these objectives.

YourWebHQ only sends E-mails to our customers if a problem arises with the hosting account (e.g., server downtime, if account exceeds allotted webspace/transfer, etc.,), to notify our customers of any changes to service (new plans, etc.,) and at expiration of membership for renewal purposes.  No SPAM from us!  It is the customer's responsibility to ensure that YourWebHQ has a current off-server E-mail address for such purposes.

DOMAIN NAME REGISTRATION:

YourWebHQ is a venue for customers to register, transfer and manage their domain names.  This is an automated service and upon completion of the registration process and receipt of payment, the customer will be the registrant of the subject domain name for the specified period (it is the customer's responsibility to renew the name prior to its expiration).  The customer is responsible for registering the correct domain name.  YourWebHQ is not responsible for name errors, such as (but not limited to) spelling.  Therefore, YourWebHQ cannot refund the registration fee.

Please maintain your username and password so that you can update information in your domain registration account as needed.  In addition, please be certain to keep your current E-mail address in the domain registration account as this is the only means of notifying you when your domain name is due for renewal.

NOTE:  YourWebHQ does not have any control over the domain name registration service-- currently YourWebHQ is affiliated with Tucows.  Please use this service at your own risk and be sure to remember your username and password (including your password hint such as "what is your pet's name?").

WEB HOSTING:

SERVICE:

By registering for hosting service, you agree to not hold Endlish Enterprises LLC (owner/operator of YourWebHQ), or YourWebHQ responsible for any problems that may arise from any technical difficulties with the site or service (such as, but not limited to, server downtime).

BACKUPS:

YourWebHQ does not currently guarantee regular server backups.  YourWebHQ and affiliates are not liable or in any way responsible for lost data, emails or files.  All users are encouraged to conduct at least weekly backups of their websites and daily backups of data in databases.

BILLING:

Each basic account hosting customer is required to pay the $25 (USD) per year fee upon registration and annually thereafter to maintain service.  Each reseller account customer (current resellers are grandfathered-- no more reseller accounts are being offered) is required to pay the fee upon registration and monthly thereafter to maintain service.  Failure to pay the fee (without prior arrangement with YourWebHQ) will result in suspension of the hosting service to be reinstated upon payment.   Please note that if you are a reseller, all of the sites hosted by you will be suspended as well.

ALLOTMENTS:

YourWebHQ currently offers 1 basic hosting package-- 1 GB (1000 MB) webspace and 10 GB (10,000 MB) data transfer per site for $25 (USD) per year.  If the customer's site goes over these allotments, the customer may purchase additional space and/or data transfer under special arrangement with YourWebHQ determined by the available space and data transfer allotted to YourWebHQ.  If the customer needs a larger package than YourWebHQ can accommodate, YourWebHQ will issue a refund of the unused service, prorated by month.  Customer may opt to have refunds received via PayPal or business check.

ACCEPTABLE USE:

YourWebHQ's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.

If you are found in violation of this Acceptable Use Policy or User Agreement, your account will be terminated without notice and you will forfeit all of the moneys that have been paid to YourWebHQ.

Examples of content that is not acceptable on his server: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related", "Copyrighted Mp3's", or cgi-based message boards.

You specifically agree to indemnify and hold YourWebHQ harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.

Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

WE DO NOT HOST ADULT SITES.  Adult Content or links to Adult Content are not permitted on this server.

WE DO NOT HOST TRAFFIC GENERATING SITES

SPAM is NOT permitted and is grounds for immediate account termination.

Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN list that people have signed up for. SPAM complaints from other users will not be tolerated.

Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the server and we shall have no liability for any loss or damage to any data stored on the server.

You shall maintain adequate insurance coverage in respect of any loss or damage to data stored on the server.

You represent, undertake and warrant to us that you will use the webspace allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.

You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

You shall observe the procedures, which we may from time to time prescribe and shall make no use of the server, which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.

In the case of an individual user, you warrant that you are at least 18 years of age and if the user is a company, you warrant that the Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to YourWebHQ must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and security of the server, we do not guarantee that the server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the services, including without limitation, clearance and/or consents in respect of your proposed domain name.

We shall use our reasonable endeavors to make available to you at all times the server and the services but we shall not, in any event, be liable for interruptions of service or down-time of the server.

We shall have the right to suspend the services at any time and for any reason without notice.

The services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you unless they meet the requirements above. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to show activity in breach of this user agreement, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Termination:  Without in any way limiting YourWebHQ's rights, if a site violates these terms in any way, shape, or form, the site will be suspended from our server while we determine if the violation was intentional.  If 2 violations occur within a 90 day period the site will be permanently removed.  Our warning schedule is below.

First Warning

When you upload illegal content, whether knowingly or unknowingly violating the terms of service, your site will be removed from public view.  You will need to remove the illegal content promptly before hosting will resume.

Second Warning

When you upload illegal content, whether knowingly or unknowingly violating the terms of service, there is no second warning, the domain is deleted and permanently banned from our servers.  There is no payment refund.

Questionable Situations

If we find content that is questionable and may or may not violate the terms of service we will contact you. An example of a situation like this is a band hosting their own music on our servers. However, you can avoid this step if you notify us. If you are a band or if you are planning to upload a large amount of files that are questionable please notify us before you upload so we are aware of the situation.

If you fail to pay any sums due to us as they fall due, we may suspend the services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions, we may terminate this Agreement forthwith upon written notice.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.

On termination of this Agreement or suspension of the services we shall be entitled immediately to block your website and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your website as we think fit.  

Accounts may be cancelled by the user.  There is a 30-day money-back guarantee (minus PayPal or eBay auction fees, as applicable) beginning on the first day that hosting service commenced (not the first day the site is hosted) unless prior arrangements were made with YourWebHQAfter 30 days, cancellation of the service will not qualify for a refund (except as noted in the allotments section above).  YourWebHQ reserves the right to cancel any account with or without notice.

Legal

YourWebHQ expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate YourWebHQ policy. Finally, YourWebHQ wishes to emphasize that in commencing hosting service, subscribers indemnify YourWebHQ for any violation of the service agreement, law, or YourWebHQ policy, that results in loss to YourWebHQ or the bringing of any claim against YourWebHQ by any third-party. This means that if YourWebHQ is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against YourWebHQ, plus costs and reasonable attorneys' fees.

Limitation Of Liability

All conditions, terms, representations and warranties relating to the services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.

Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.

In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

Notices

Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Headings

Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. 

Misuse Of Resources, including but not limited to employing applications which consume excessive CPU time, Chat/IRC, web proxy and mailing list scripts are not allowed on our network under any circumstances. Streaming media can be a drain on web server resources and as such is not allowed. CGI based message forums which use flat file databases are often found to use excessive system resources, to avoid disappointment please use a PHP/ASP message forum.

If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes acceptable use. We may amend these terms of service with or without notice.

YourWebHQ reserves the right to modify this User Agreement at any time. Any changes to the User Agreement, Services and Rates are effective immediately upon publishing on http://www.yourwebhq.com. Revised fees and webspace/data transfer allotments will apply to all new customers and to any current customers upon renewal.

Endlish Enterprises LLC is the owner/operator of YourWebHQ. If you have any questions about this service or your current account, please feel free to contact us.

Thank you for your interest in YourWebHQ!

The YourWebHQ user agreement was last updated on November 11, 2014.

Reviewed with no changes on December 2, 2016.