Terms of Service
Terms of Service
This document clearly outlines procedures and restrictions for all clients. Youngs Enterprises strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Youngs Enterprises customers and us against such harm.
In the absence of any other Agreement, you will have accepted this Policy and these Terms and be bound by them if you use any of the services offered by Youngs Enterpries ("Services") or otherwise indicate your affirmative acceptance of such Services.
This Policy and these Terms may change from time to time. Youngs Enterprises will try to inform all of our customers of the changes and subject to applicable laws and this Agreement those changes will be effective after 7 days.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any client for any reason not prohibited by law. Any deliberate attempt to cause damage to Youngs Enterprises or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be issued in this case.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. There is a setup fee charged for some products. No bills or invoices will be sent by postal mail or fax, unless requested and agreed upon in writing before service is rendered. Prepayment is due each anniversary (one month, one year, or other agreed upon period) following the date the account was established. Billing will continue until you cancel your hosting account. As a policy, we do not offer credits or refunds for hosting time already expended or on any promotional credit, such as a free month of hosting.
If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months’ refunds). If cancellation is done by Youngs Enterprises due to an account violation, there will be no refund. Additional features can be added at any time. Youngs Enterprises reserves the right to change prices at any time, but will notify all clients before such changes take place. A service cannot be cancelled while an invoice is outstanding.
You agree to allow us and our agents the right of access to equipment and data, as is reasonably needed, for purposes of installing, servicing, configuring, maintaining, inspecting, upgrading, replacing and removing the services and/or equipment used to receive any of the Services. In so doing Youngs Enterprises will take all reasonable care to insure the work is complete in a professional manner with minimal interruptions to Services. In all instances Youngs Enterprises liability will not exceed what is provided within this Agreement.
You may cancel at anytime. Please note we do not refund partial monthly fees to accounts. To cancel your account, please email: firstname.lastname@example.org and detail your service and your contact details. Notification of cancellation must be received at least one full week prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the client's responsibility to secure email confirmation from Youngs Enterprises that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. Clients are responsible for all charges associated with an account until cancellation is verified via email. If the client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve client of any outstanding financial obligations
Youngs Enterprises is committed to a strict anti-spamming policy. Under this policy, we prohibit spam, or any unsolicited commercial email, from being sent either: Over the Youngs Enterprises network, by clients or any other users of the Youngs Enterprises network (including the client's customers); AND/OR over ANY network - if the message sent advertises or mentions a site hosted on the Youngs Enterprises network.
We react quickly and seriously to violations, and we further reserve the right to terminate the services of any client disregarding this policy. VPS customers may have their accounts suspended without notice, depending on the severity of the incident. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an email address or web site URL on Youngs Enterprises network is prohibited. The use of Youngs Enterprises network as a mail drop for responses to activities described above is also prohibited. Accounts cancelled due to spam will be billed a "clean up" fee of £100 along with a potential fee of £50 per mailing/complaint if they are deemed to be unresponsive to our requests.
If you have any complaints or comments regarding spam on our network, please email email@example.com.
Note: Youngs Enterprises explicitly reserves its right to act in accordance with this policy in all instances. However, we will generally not suspend an account due to a single violation. In general, we will first attempt to work with you to resolve the situation. If problems persist or there is no cooperation the account may be suspended and have the above charges applied. As a web host we understand you may not have control of all your users/clients and we are more than happy to work with you as long as you are cooperative. We give all clients the right to defend themselves before accounts are permanently suspended or charged the specified clean-up fees.
All services provided by Youngs Enterprises may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United Kingdom law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material that promotes any illegal activity, or material protected by trade secret and other statutes without proper authorization. Youngs Enterprises will comply with all requirements of all laws and regulations and will comply with orders of any court of competent jurisdiction or regulatory agency with authority over Youngs Enterprises or its business. The subscriber agrees to indemnify and hold harmless Youngs Enterprises from any claims resulting from such compliance or the use of the service which damages the subscriber or any other party.
Examples of unacceptable content include, but are not limited to, the following: ◦ Pirated software, including warez or any other commercial software which you do not have the legal right to distribute; ◦ Serial numbers and cd keys for commercially available software which you do not have the legal right to distribute; ◦ Music (.mp3, .wma, .ogg, etc.), Movies and Television shows (.mpg, .avi, .wmv, etc.), images (.jpg, .gif, .png, etc.) or compressed files or archives containing such files (.zip, .rar, .tar, etc.) which you do not have the legal right to distribute; ◦ Child pornography, rape, or bestiality; ◦ Security circumvention software or archives; ◦ Any content that facilitates in identity theft, fraud; ◦ Torrent files and trackers that facilitate the download of any materials included in this list; ◦ Any software that facilitates any activity prohibited in this policy. ◦ Bitcoin/Cryptocurrency miners. Any illegal activity may result in your site being suspended immediately, without notification. Any sites breaking the above rules will be subject to a £100 clean-up fee if they are deemed to be unresponsive to our requests.
Youngs Enterprises will be the sole arbiter as to what constitutes a violation of this provision. Youngs Enterprises is a strong believer in everyone's right to practice free speech and we do not feel that it is our obligation to rid the Internet of any material which others feel may be inappropriate or offensive. We feel that the right of free speech trumps any other claims of content being inappropriate or offensive as those terms are objective, while the laws of the United Kingdom are quite clear. As long as the content is legal, we will not suspend your account without notice, though we do reserve the right to refuse hosting to any party for any reason with proper notice being given.
System and Network Security
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Youngs Enterprises investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but are not limited to, the following: ◦ Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses and other executables intended to inflict harm); ◦ Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the client is not an intended recipient or logging into a server or account that the client is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping flooding, email-bombing, packet spoofing, IP spoofing and forged routing information; ◦ Executing any form of network activity that will intercept data not intended for the client's server; ◦ Circumventing user authentication or security of any host, network or account; ◦ Interfering with or denying service to any user other than the client's host (example: denial of service attack or distributed denial of service attack); ◦ Using any program script/command, or sending messages of any kind, designed to interfere with or to disable a user's terminal session, via any means, locally or via the Internet. Inadequate security, insecure/unpatched software, insecure passwords, etc. are not the responsibility of Youngs Enterprises. The client is responsible for assuring that their account is as secure as possible and the account holder accepts all responsibility for actions taken using their allocated resources, whether they are authorized or not. The account holder on file agrees to be held responsible for all bandwidth overage fees, clean-up fees, and managed service fees.
Youngs Enterprises strictly prohibits the running of IRCd, eggdrop, or other IRC related scripts, programs, or bots from VPS accounts. If you are running such scripts, programs, or bots you take full responsibility for any and all costs that may be involved in resolving such an attack, with a minimum fee of £50 per incident.
No guarantees are made of any kind, either expressed or implied, as to the integrity of our backups. It is the clients' responsibility to maintain local copies of their content and other stored information. If loss of data occurs due to a failure on Youngs Enterprises part, we take reasonable action to recover the data in-house at no charge to the client. If data loss occurs due to negligence of client in securing their account, by an action of the client, or any actions not under the direct control of Youngs Enterprises, Youngs Enterprises will have no liability.
It is the responsibility of the client to assure that the complete contact and billing information on-hand is up-to-date and accurate, including full mailing address and a list of authorized contacts. Youngs Enterprises will contact users via the email addresses and/or phone numbers entered by the user and will not be held responsible for the accuracy of this information. Youngs Enterprises provides a direct way for all users to verify this information through the control panel.
Representation and Warrantee of Age
You represent and warrant that you are at least 18 years of age.
This Agreement supersedes all previous Agreements and Service Agreement Addendums between the parties. This Agreement and any subsequent Service Agreement Addendums constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, Youngs Enterprises MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.