
Effective Date: June 16 2005
A Violation of any of the below Terms of Service will result in action by
Your Domaine up to and possibly including the termination of your account, with
or without warning.
Your Domaine is a private service which provides low cost web hosting. We offer
our clients up to 300MB of web space, and 3GB data transfer per account. Your
Domaine reserves the right to cancel any account for any reason or no reason at
all. Your Domaine provides web hosting to any domain that abides by our terms
and conditions. Your Domaine reserves the right to change the terms and
conditions at any time. Your Domaine clients are entirely liable for all
activities conducted through their account.
The following rules apply while using Your Domaine services:
The most important rules are:
1. No adult content or any kind.
2. No warez / hacking / phishing sites
3. No mass mailers / spammers (account will be automatically suspended if you
will try to send mass mail), so if your software supports such feature, disable
it right now.
4. We do not allow any public image or file hosting server scripts to be run.
5. Chat, proxy, or file download scripts are not allowed.
6. Paid-to-surf, auto-surm, buxto, and any other similar scripts are banned
7. We do not allow online gaming scripts such as ogame, mafia, etc..
8. Nulled software such as ip.board or vbulletin is not allowed to be hosted
9. Account cannot be used only to store files.
Other rules:
Obscene, graphically violent, and other inappropriate content is strictly
prohibited.
Your Domaine is not responsible for the content of any hosted domain. We reserve
the right to remove any domains that are in violation of our terms and
conditions. Clients will be held legally responsible for the contents of their
hosted domanins including but not limited to use of copyrighted material without
the permission of the author or posting material considered indecent for minors.
The use of Your Domaine hosting services for illegal purposes is strictly
forbidden and any hosted domain found to be or believed to be, in Your Domaine
sole discretion, violating the law may be removed without notice. Your Domaine
hosting priviledges will be revoked if any of the following activities occur:
• Hate, Bigotry, and/or Intolerance
• Warez or Software Piracy related
• Music Piracy Related
• Hacking Related
• Making available copyrighted software which has been "cracked" (e.g.,
copyright protection for the software has been removed)
• Making available serial numbers for software which can be used to illegally
validate or register software.
• Making available tools which can be used for no purpose other than "cracking"
software.
• Spamming to promote your website
• Anything related to illegal activity
You agree to not use the Service to:
1. upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity.
4. forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
5. upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under contractual or
fiduciary relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
6. upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping) that are designated for such purpose ;
8. upload, post, email, transmit or otherwise make available any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment;
9. upload, post, email, transmit or otherwise make available any material that
is of broadcast / streaming types.
10. interfere with or disrupt the Service or servers or networks connected to
the Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
11. intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
12. provide material support or resources (or to conceal or disguise the nature,
location, source, or ownership of material support or resources) to any
organization(s) designated by the United States government as a foreign
terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
13. "stalk" or otherwise harass another; and/or
14. upload, post, email, transmit or otherwise material for the purposes of file
distribution, relay, or streaming reasons.
15. collect or store personal data about other users in connection with the
prohibited conduct and activities set forth in paragraphs 1 through 14 above.
We do not allow any type of programs, software, or MP3 files on our server
unless you are the full owner and have all rights to the file. Copyrighted files
not belonging to users posting those files may be deleted without notice!
You and any person who has access to your account must evaluate, and bear the
risk associated with, the accuracy, completeness or usefulness of any Content.
Your Domaine reserves the right to remove Content which is deemed in Your
Domaine sole discretion harmful, offensive, or otherwise in violation of the
Rules or any rules or policies Your Domaine has in place at the time.
You or Your Domaine may terminate your Account at any time for any reason. To
remove your Your Domaine site and account, send email to billing@yourdomaine.com
and request that your account be terminated.
THE YOUR DOMAINE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITH NO
WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR DOMAINE DISCLAIMS ALL
WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE IMPLIED CONDITION OF
SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR
COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR
CONTENT ON THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
Your Domaine will not be liable for any of its services. We have the right to
cancel our service at any time, and we will not be liable for any files that are
lost and/or corrupted which may occur (including, for example, from a system
crash, security breach, or hard disk failure). To the full extent permissible
under the applicable law, Your Domaine shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from the use or
inability to use Your Domaine services. You agree, at your own expense, to
indemnify, defend and hold harmless Your Domaine and its affiliates, officers,
directors, employees, consultants, agents, suppliers and licensors from and
against any and all third party claims, liability, damages, losses and/or costs
(including but not limited to reasonable attorneys’ fees) arising from or
relating to: (a) your failure to comply with these terms of use; (b) your
infringement or violation of any intellectual property or other right of a third
party; or (c) your violation of any applicable law.