Terms of Service
By signing up for the Services you warrant that You are at least 18 years old, and legally capable of entering into a binding contract; or acting with the express permission and using the payment details of a person or organization who in turn is agreeing to be bound by the terms of this contract. You acknowledge and accept that Your use of the Services must be in accordance with the General Terms & Conditions. By nature of owning a YouHosting.Us account, and using our website, You accept these Terms of Service.
1 – Definitions:
YouHosting; hereinafter referred to as “we”, “us” and “YouHosting”. We are a company specialising in online services.
The customers of YouHosting, referred to in the document as “you” may include individuals, unincorporated businesses, partnerships, limited companies and other organisations or anyone requiring the services of YouHosting; hereinafter referred to as “the customer”.
“Item”, “Service”, “Product” within this document refers to any article, software and/or hardware and associated accessories or other tangible assets that we provide or the customer is in possession of.
2 – Use of Services
YouHosting provides its digital services for customers of all backgrounds, without preference. It is up to the customer to ensure they comply with all local laws as well as laws concerning YouHosting, which are that of Germany and the United Kingdom. Should a customer violate any law or act, we reserve the right to act as required to by law and will terminate a customers package/contract effective immediately without backup, should a customer violate the law, as it is in the best interest of our company and our customers to comply with all laws.
We offer unmetered + unlimited storage and bandwidth with some account types. By this, we mean unlimited space for legitimate web site content (not including storage facilities which would be considered data storage) and bandwidth for visitors to view it. Our plans are designed to host most personal, small business and organization websites, and thus we offer unlimited bandwidth and some plans offer unlimited disk space and websites. This means that we do not set a limit on the amount of bandwidth, websites or disk space you may use in the operation of your website, provided it complies with this Service Agreement. In the event the bandwidth, number of websites or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to upgrade to a VPS or Dedicated Server, or we may take action to restrict the resources your website is utilizing.
All files on a domain must be part of the active website and linked to the site. Whilst we do not actively monitor accounts and their usage, we reserve the right to terminate the contract effective immediately, and depending on the severity, we may not provide time to the customer to backup all existing data.
We do not permit customers to use our Web Hosting servers for:
- Image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket, Imgur or Tinypic)
- Video hosting service such as YouTube or Vimeo
- Banner ad services for display on other websites or devices (commercial banner ad rotation)
- File dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare)
- Commercial audio streaming (more than one or two streams)
- Push button mail scripts that allow the user to specify recipient email addresses
- Anonymous or bulk SMS, email or telephony gateways
- Backups of content from another computer or website
- Bittorrent trackers
- Any script that causes a degradation in the performance of our server or network environment.
- Any content that violates the law of the United Kingdom, Germany, or the United States.
- Hosting any content that violates the human rights of another individual, including harassment, invasion of privacy and more.
We also do not permit any of our services to be used to run, host or execute any pirated code. Pirated licenses will result in instant suspension of an account, even if no DMCA has been issued.
3 – Availability of Services
YouHosting prides itself on providing the best service possible to our clients. Whilst we aim to maintain 99% uptime, we cannot guarantee an uptime figure for our digital services. Should a service not be up and accessible for an acceptable amount of time, our staff will do their best to remedy the situation and provide a refund for the service if possible. Our staff are not obliged to provide any credit or compensation for downtime.
4 – DDoS Protection
Our DDoS protection functions at the network level and is hardware based, using advanced switches and firewalls.
Whilst we maintain protection to all products wherein it is explicitly mentioned, this is not intended to protect a server against constant attacks. If a website is constantly under attack and therefore causes our customers and technicians hassle, and our network is slowed down or affected by this, we reserve the right to terminate a server/account for performance. Where possible, we will always make you aware of this and communicate efficiently, however should an attack be too large and pose a real time threat to our uptime, we will have no option but to down the server to protect our network.
We reserve the right to terminate a service at any time, for any reason if we determine it to be detrimental to our service due to large attacks. We always recommend customers use a CDN such as CloudFlare or Incapsula. If you have specific requirements or expect large attacks, please inform our team who will do their best to cater to your needs.
We cannot be held responsible for downtime or slow performance due to a DDoS attack, even if it is on another server on our network, albeit we will do our utmost to mitigate this attack and suspend the appropriate server to maintain uptime.
5 – Payment
When entering into a contract as a consumer (not in the course of conducting business) the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013 (“the regulations) allow you to cancel the Contract at any time within 14 days, beginning on the day after you receive written confirmation of our acceptance of your order. However, by placing your order for the Services, you agree to us commencing supply of those Services before the 14 days cooling off period has expired. As a result, you will not have the right to cancel the Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013.
You are entitled for reimbursement of all fees paid to YouHosting.Us excluding domain related payments and payments for one-time billed account addons if Services cancellation request was submitted within 30 days from the date initial order for these services was placed.
The customer is not entitled to any form of reinbursment whether financial or any other forn, where the Customer has breached any part of this agreement or any other policy.
If You withdraw any payments made via a bank, credit card or PayPal account (a “chargeback”) we will either defend such chargebacks directly with the card issuer, or take appropriate steps to recover the original monies from yourself in addition to an administration fee, at our discretion for each inappropriate chargeback raised.
If a chargeback is made, we reserves the right to immediately interrupt, suspend or cancel all services within your Account, with or without making your data available. Such interruption, suspension or cancellation does not relieve You from paying all contractually obligated invoices to ourselves.
Any violation of this agreement, chargebacks, or abuse of our service absolves you of any right to demand a refund or credit.