This Web Hosting Service Agreement ("Agreement") defines the terms under which JuYushi Technologies, provides web hosting service ("Service").
This Agreement is a binding contract between the JuYushi Technologies Company, and the individual or company ("Customer") defined on the order form when an order for service is submitted.
BY COMPLETING AN ORDER FOR SERVICE, CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY ("AUP"), AND ALL AGREEMENTS, RULES AND POLICIES INCORPORATED HEREIN OR INCORPORATED BY REFERENCE. JUYUSHI TECHNOLOGIES RESERVES THE RIGHT TO REVISE THIS AGREEMENT AT ANY TIME.
CUSTOMER'S CONTINUED USE OF SERVICE CONSTITUTES CONTINUED ACCEPTANCE OF THIS AGREEMENT.
JuYushi Technologies is committed to and supports the free exchange of information and ideas over the Internet. JuYushi Technologies do not actively monitor nor does JuYushi Technologies exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over JuYushi Technologies servers. However, JuYushi Technologies reserves sole discretionary rights to remove any materials deemed potentially illegal, harmful to JuYushi Technologies business operations or equipment, or in violation of any part of this AUP or of the standard JuYushi Technologies Internet Agreement. Use of JuYushi Technologies Network's servers immediately constitutes acceptance and acknowledgement of this Acceptable Use Policy.
The Customer shall ensure that the Materials do not infringe any applicable laws, regulations or third party rights (such as material which is obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred, menacing, liable to incite racial or religious hatred, or in breach of any third party Intellectual Property Rights) (“Inappropriate Content”).
The Customer shall ensure that its Site does not link to Inappropriate Content on third party websites.
Customer acknowledges that JuYushi Technologies does not have any control over content placed on the Site by Visitors or the Customer. JuYushi Technologies does not purport to monitor the content of the Site. Where JuYushi Technologies reasonably suspects such content is Inappropriate Content, it may immediately remove the Inappropriate Content from the Site and suspend or terminate the Site. JuYushi Technologies may require that the Customer removes any Inappropriate Content from the Site.
The Customer shall ensure that not to offer fraudulent offers of products, items, or services originating from their account.
The Customer shall indemnify JuYushi Technologies against all damages, losses and expenses arising as a result of any action or claim that the Materials or any other material posted to, or linked to the Site constitutes Inappropriate Content.
The Customer may not distributing viruses to or from JuYushi Technologies any platforms.
Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes sending more than ten (5) similar mail messages to the same e-mail address.
JuYushi Technologies reserves the right to check the Customer’s system files, email accounts, and other data held on its servers for Inappropriate Content as deemed necessary.
Disk Space/Data Transfer
The Client may occupy only the amount of disk space on the JuYushi Technologies Server and utilize no more than the network data transfer that is allocated by JuYushi Technologies. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
Hosting plans with 'unlimited' disk space and bandwidth
If the Customer is using an Account which has either disk space or bandwidth set to 'unlimited' the Customer agrees that account in question will be primarily used for the purposes of web hosting and e-mail hosting. The Customer shall not store large files or make available downloads of large files; and the Customer shall not make excessive demands on the resources of the server; this includes, but is not limited to, the CPU usage required to perform data processing for the purposes of making backups and other administrative tasks as well as the CPU usage required to actually serve the Site on the Account.
Our technicians shall be the sole arbiter in determining whether the Customer is in breach of un authorize usage, JuYushi Technologies reserves the right to propose alternative hosting arrangements for the Customer which might include moving to a hosting plan with quoted disk space and bandwidth limits. If the company and the Customer cannot agree an alternative hosting arrangement for the Customer, JuYushi Technologies may terminate the Contract as per violation of TOS.
Client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 200 recipients) advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices using JuYushi Technologies Servers or other infrastructure, or otherwise, that mentions or reference any domain hosted on JuYushi Technologies servers or parked on JuYushi Technologies DNS servers.
Client agrees that any hosting account that uses excessive CPU or Memory resources (25% or more) for a sustained period of time (five minutes or more) may be suspended at any time without notice. JuYushi Technologies reserves the right to terminate sites that are repeatedly using excessive resources at any time with prior notification. JuYushi Technologies will provide the offer to back up the client’s data and FTP the Tarbell to the clients chosen destination server.
Back-Up Files and Processing
JuYushi Technologies takes all reasonable steps to safeguard the Servers and the data contained there-in, however JuYushi Technologies will not be responsible for any loss of Client data or DNS records stored or intended to be stored on the JuYushi Technologies Servers and/or back-up devices. The Client will not be entitled to any form of compensation from the company in the event of loss of data. You as the client are responsible for your own backups. Whilst JuYushi Technologies actively performs a variety of backups daily, there may be times when the backups fail or become unavailable. As such the final responsibility for all your data stored on JuYushi Technologies Servers is ultimately your own. By acknowledging and signing your agreement you free JuYushi Technologies from any legal action in the event of data loss and you agree that you will not be entitled to any form of compensation for said loss.
Disk Space Abuse
The space we provide for hosting should not be used as a storage medium for your files or data. At least 90% of your web pages must be ‘linked’ with files (GIF, JPEG, etc.) stored on JuYushi Technologies servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation.
Excessive CPU/Memory Usage
Client agrees to take all responsibility for all programs including CGI/PHP/ASP/ASPX scripts executed under their account. Client may not Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Client agrees and understands that such excessive use can have an adverse effect on the performance of the webserver. Client agrees to accept responsibility for programs executed under his/her account, regardless of who authored the program. The use of cgi or php chat scripts or pages is strictly prohibited. JuYushi Technologies provides an acceptable chat programs for clients with Unix Standard + accounts at no charge. JuYushi Technologies reserves the right to suspend accounts without notice to clients who violate these terms. JuYushi Technologies has sole discretion over what constitutes excessive usage.
Programs provided by JuYushi Technologies as an installable feature are not exempt from this policy. While every efforts is made on JuYushi Technologies' end to ensure the program it provides are efficient, problems with excessive usage on particular programs may occur.
Account Resources Abuse
Continuous overuse of server resources may also result in account suspension / termination. Any account using 25% CPU / Memory resources for more than 60 seconds, resulting from the single or combined use of FTP, CGI Scripts, HTML or MySql resources will result in account suspension.
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Client will pay and indemnify and hold JuYushi Technologies harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
Technical Support Boundaries
JuYushi Technologies provides technical support for you that encompasses within our area of expertise only. Such expertise includes assistance, installation, troubleshooting, and debugging, and any other hosting related issues. However, in under no circumstances is JuYushi Technologies neither obligated to help you in providing assistance for any coding related issues, errors produced by any applications, unless our support team in its sole discretion is willing to do so.
Disclaimer of Warranty
JuYushi Technologies INTERNET SERVICE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES AND ALL TEXT, GRAPHICS, LINKS ARE PROVIDED TO CLIENT ON AN ‘AS IS, AS AVAILABLE’ BASIS AND WITHOUT WARRANTY OF ANY KIND. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO JuYushi Technologies OR ANY INFORMATION OR SOFTWARE THEREIN.