TOS (Terms of Service)

IMPORTANT NOTICE: *All Hosting Payments To YesUp Ecommerce Solutions Inc. Are Non-Refundable*

YesUp Ecommerce Solutions Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

1. Disclosure to Law Enforcement:
The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition YesUp shall have the right to terminate all service set forth in this Agreement.

2. Subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

3. Support Boundaries:
YesUp provides support related to your server or virtual site physical functioning. YesUp does not offer tech support for application specific issues such as cgi programming, html or any other such issue.

4. Acceptable web site use:
YesUp Ecommerce Solutions Inc reserves the right to deactivate accounts with/without any reasons. You may only use this site for lawful purposes. You may not post any information that is inaccurate or false, or that infringes or violates the rights of any third parties, or that in any way misrepresents you or your interests. If you have a password to this site or our member service, you may not share that password with third parties. In addition, you may not use the services provided through YesUp Ecommerce Solutions Inc to:

1. defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
   
2. conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns;
   
3. publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs);
   
4. harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;
   
5. Violate any applicable laws or regulations. Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service. Conduct or forward illegal contests, pyramid schemes or chain letters.
   
6. violate any applicable government laws or regulations.
   

5. Network

1. IP Address Ownership: If YesUp assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to YesUp, and Customer shall have no right to use that Internet Protocol address except as permitted by YesUp in its sole discretion in connection with the Services, during the term of this Agreement. YesUp shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by YesUp, and YesUp reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). YesUp will monitor Customer's bandwidth and disk usage. YesUp shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in YesUp's sole and absolute discretion. If YesUp takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, YesUp will bill the customer according to the amount of over usage.
3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the YesUp Network. Violations of system or network security may result in civil or criminal liability. YesUp will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
• Taking any action in order to obtain services to which such User is not entitled.

6. Suspension of Service or Cancellation:
YesUp reserves the right to suspend network access to any customer if in the judgment of the YesUp network administrators the customer's server is the source or target of the violation of TOS or for any other reason which YesUp chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

7. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
2. YesUp is not responsible for any damages your business may suffer. YesUp does not make implied or written warranties for any of our services. YesUp denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by YesUp.
3. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

8. Responsability for Content:
You, as YesUp's customer, are solely responsible for the content stored on and served by your YesUp server.