YellYo.com maintains this Terms & Conditions Agreement to provide users of its Services with a clear statement of rules and user restrictions that apply to the use of YellYo.com Services. Your compliance with and cooperation in YellYo.com's enforcement of this Agreement is an express condition to your continuing contractual rights to use YellYo.com's Services. This Agreement also apply to your employees, agents, contractors and end users. The evolving nature of the Internet and on-line commerce makes it necessary for YellYo.com to reserve the right to make changes to this Agreement at any time. You agree that any changes will be effective when posted online at this location and that your continued use of YellYo.com's Services will constitute your acceptance of any changes or additions to this agreement. You may determine the date of posting at the Effective Date section at the end of this Agreement.
This Agreement is not intended to address all possible unacceptable uses of YellYo.com's Services. As a result, YellYo.com reserves complete discretion to determine what constitutes an unacceptable use of its Services and reserves the right to suspend or terminate your Services, or take such other action as YellYo.com deems appropriate in its sole discretion.
Your use of YellYo.com services may not violate any of the following provisions. YellYo.com may suspend or terminate your services if it determines, in its sole and exclusive discretion, that you have engaged in any activity that violates this Agreement. You violate this Agreement when you, your end users or any third party acting on your end users' behalf, engage in any activity, directly or indirectly, or attempt to engage in an activity, whether successfully or otherwise, contrary to this Agreement. You are solely responsible for any activity on your account; third parties and end users will not be held liable.
YellYo.com will not intervene or become involved in any disputes between you and a third party. Consequently, YellYo.com reserves the right, in its sole and exclusive discretion, to suspend or terminate your services upon its receipt of any third party complaint that you have engaged in any activity that violates this Agreement, that may otherwise subject YellYo.com to liability for any reason, or that may cause YellYo.com to incur legal fees or other expenses.
YellYo.com may suspend and terminate your services under this Agreement without notice to you or your end users. YellYo.com may also report your activities to federal, state, and/or other law enforcement agencies.
Subscribers violate the YellYo.com Agreement when they or anyone using their account engage in the following prohibited activities:
- Illegal or Unauthorized Access to Other Computers or Networks: Illegally accessing computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
- Intellectual Property Violations: Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. YellYo.com is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also YellYo.com's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities: Distributing information regarding the creation or sending of Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, denial of service attacks, etc. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- Spamming: Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward YellYo.com, but also because it can overload YellYo.com's network and disrupt service to YellYo.com subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, YellYo.com has the discretion to determine from all of the evidence whether the email is spam or not.
- Defamatory or Abusive Language: Using YellYo.com's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
- CGI Scripts: Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. YellYo.com does not permit CGI script sharing with domains not hosted by YellYo.com or any scripts that may be abused for UCE purposes. You may not use the application capabilities of a shared hosting plan to offer hosting of applications, as this may overload our servers. YellYo.com servers are not to be used for testing scripts. Before uploading or writing any script, you must test it elsewhere to ensure it is efficient, performs as desired according to these Terms of Service, and is secure. By using any scripts you agree to be fully responsible for updating it as updates are made available. Additionally, YellYo.com will update server software as update availability and scheduling permit and is not responsible if a server software update "breaks" your script(s). Be sure not to use deprecated commands. It is also your responsibility to ensure that the script does not routinely generate errors/warnings/info in the server error logs.
- Background Running Programs and Cron Jobs: YellYo.com may allow programs to run in the background. These programs will be considered on an individual basis and shared hosting customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact YellYo.com to arrange set-up (if possible).
- IRC: YellYo.com does not allow IRC servers or IRC bots to be operated within our network without our express permission.
- Forging of Headers: Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
- Racist or Hate-Related Material: Any racist or hate related material must be deleted immediately.
- Child Pornography: You may not use YellYo.com Services to disseminate or display images or other content that constitutes child pornography. YellYo.com applies a zero tolerance policy to the enforcement of this prohibition. YellYo.com takes an active role in cooperating with law enforcement officials in their efforts to prosecute violations of statutes that prohibit the dissemination of child pornography. You will not be notified that YellYo.com may be cooperating with law enforcement or that YellYo.com has reported the use of its Services in this manner. For further information about child pornography, you may visit the web site of the National Center for Missing and Exploited Children at ncmec.org.
- Warez or Copyright Violations: If you are found to be distributing or storing "warez" software (for example, a copy of Adobe Photoshop or MSOffice), then the files will be deleted inmediately and your account may be terminated immediately. You will be given an immediate warning if a copyright holder of some file you are distributing contacts us for removal and submits evidence, however, we will not await your reply before taking action if we feel it is necessary.
- Export Control Violations: Exporting encryption software over the Internet or otherwise, to points outside the United States.
- Facilitating a Violation of this Agreement: Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, warez and piracy of software.
- Usenet Groups: YellYo.com reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates this Agreement.
- IP Addresses: In connection with your use of YellYo.com's Services, you may only use IP addresses that are assigned to you by YellYo.com. If you use IP addresses that are not assigned to you by YellYo.com, YellYo.com will suspend your Services from network access until such time as the IP address overlap is corrected. YellYo.com owns all IP addresses that may be assigned to you by YellYo.com.
- Storage: Using your shared hosting account's storage space for files that are not linked from your web site, hosted in our servers, is a violation of our policies. Providing mirrors of files, especially large media files, for other web sites is also a violation of our policies.
- Outsourcing of Services: Email, database, and other features of your shared hosting plan are not to be provided as a free or fee based service to third parties.
- Adult Content: The hosting of legal adult content on our shared hosting plans is not allowed without our express permission.
- Resource Usage: On a shared hosting plan, if your web site is found to be resource intensive and it affects the performance of other customers within the same server or the performance of the network, we have the right to limit the resource consumption of your web site, and/or shut it down until you can find a solution to the source of the problem.
- Other Activities: Engaging in activities, whether lawful or unlawful, that YellYo.com determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
Certain Restrictions Applicable to Shared Customers
If you are the registered user of a YellYo.com account, your Services may not be transferred or used by anyone other than you. You may not sell, lease or assign the Services or any part of the Services to any party not named in YellYo.com's records. When you utilize an excessive amount of system resources, YellYo.com reserves the right to place CPU process limits on your account to prevent disruption of YellYo.com Services to other customers. YellYo.com reserves sole discretion to determine what constitutes excessive usage of system resources.
No Credits or Refunds for Suspension and/or Termination of Services
YellYo.com does not issue credits or refunds for outages incurred as a result of its decision to suspend or terminate its Services for a violation of this Agreement. You agree to indemnify, defend and hold harmless YellYo.com from any claims by your end users and any third party that they have been damaged by reason of such suspension or termination of YellYo.com's Services.
Clean-up Fee
You will be charged a "cleanup" fee of $100 with no advance notice if you have engaged in any activity that violates this Agreement.
Notification
YellYo.com will give you a warning (by email or phone) if we consider that your policy violation is not of a serious matter. Warnings must be replied within 24 hours. If not, clean up or termination of account might follow. Any account that is terminated due to violations to our policies will not be refunded the current month of service and will not qualify for the 60day money back guarantee. Months that have been paid in advanced will be refunded after the "cleanup" fee of $100 is subtracted.
Monitoring of Services; Cooperation with Law Enforcement; Legal Documents
You are solely responsible for ensuring that materials disseminated or posted using YellYo.com's Services comply with this Agreement and all applicable laws and regulations. YellYo.com does not review, edit, censor or take responsibility for any information you, other customers or your end users may create. YellYo.com may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation or governmental request. YellYo.com assumes no obligation to inform you that such information has been provided and, in some cases, may be prohibited by law from providing you with notice. On occasion, YellYo.com may have a need to communicate with you about issues that relate to billing, service changes, additions and modifications to its Services. YellYo.com may choose the method of such communication in its sole discretion. The preferred method of communication is via e-mail. It is your responsibility to provide and check the account and contact information, including a required valid e-mail address, that you provide to YellYo.com during the sign-up process. It is your responsibility to inform YellYo.com promptly of any changes to your account or contact information. YellYo.com has no responsibility for communications that are misdirected as a result of your failure to provide YellYo.com with updated contact information.
Proprietary Rights of Content
YellYo.com does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the YellYo.com Services. After posting your Content to the YellYo.com Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the YellYo.com Services, you hereby grant to YellYo.com a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the YellYo.com Services, including without limitation distributing part or all of the YellYo.com Website in any media formats and through any media channels. This limited license does not grant YellYo.com the right to sell or otherwise distribute your Content outside of the YellYo.com Services. After you remove your Content from the YellYo.com Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
The license you grant to YellYo.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to YellYo.com), fully-paid and royalty-free (meaning that YellYo.com is not required to pay you for the use on the Yello.com Services of the Content that you post), sublicensable (so that YellYo.com is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the YellYo.com Services), and worldwide (because the Internet and the YellYo.com Services are global in reach).
You represent and warrant that: (i) you own the Content posted by you on or through the YellYo.com Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the YellYo.com Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the YellYo.com Services.
The YellYo.com Services contain Content of YellYo.com ("YellYo.com Content"). YellYo.com Content is protected by copyright, trademark, patent, trade secret and other laws, and YellYo.com owns and retains all rights in the YellYo.com Content and the YellYo.com Services. YellYo.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the YellYo.com Content (excluding any software code) solely for your personal use in connection with viewing the YellYo.com Website and using the YellYo.com Services.
The YellYo.com Services contain Content of Users and other YellYo.com licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the YellYo.com Services.
Content Posted
YellYo.com may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of YellYo.com violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. YellYo.com assumes no responsibility for monitoring the YellYo.com Services for inappropriate Content or conduct. If at any time YellYo.com chooses, in its sole discretion, to monitor the YellYo.com Services, YellYo.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the YellYo.com Services, and any material or information that you transmit to other Members and for your interactions with other Users.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the YellYo.com Services. YellYo.com reserves the right to investigate and take appropriate legal action against anyone who, in YellYo.com's sole discretion, violates this provision, including without limitation, removing the offending Content from the YellYo.com Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of YellYo.com:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- publicly posts information that poses or creates a privacy or security risk to any person;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or Visitors;
- involves commercial activities and/or sales without prior written consent from YellYo.com such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph or video of another person that you have posted without that person's consent;
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the User; or
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the YellYo.com Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, YellYo.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which YellYo.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the YellYo.com Services, you acknowledge that you will have caused substantial harm to YellYo.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay YellYo.com $50 for each such unsolicited email or other unauthorized commercial communication you send through the YellYo.com Services;
- circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the YellYo.com Services;
- activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- interfering with, disrupting, or creating an undue burden on the YellYo.com Services or the networks or services connected to the YellYo.com Services;
- impersonating or attempting to impersonate another Member, person or entity;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your account;
- using any information obtained from the YellYo.com Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
- using the YellYo.com Services in a manner inconsistent with any and all applicable laws and regulations.
Account Security/Responsibility
You agree that you accept full responsibility for the security of your Member account. You will not give your password to any other party and you will take full responbility that the password uses good security practices and is changed on a regular basis. You accept full responsibility that your password cannot be stolen via keylogger or other malware on your computer.
Copyrights and Other Intellectual Property.
YellYo.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. YellYo.com has the right to terminate the Membership of infringers.
Loss of Business
At no point in time will YellYo.com be responsible for loss of business caused by using YellYo.com's services.
Effective Date
These Terms & Conditions were last updated on March 29, 2008.
We are not responsible for any typographical or translation error.
YellYo.com will give you a warning (by email) if we consider that your policy violation is not of a serious matter. Warnings must be replied within 24 hours. If not, clean up fee and/or termination of account might follow. We hope this Agreement is helpful in clarifying the obligations of Internet users, including YellYo.com and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this Agreement should be sent to abuse@yellyo.com.
