Terms hosting english

Hosting: Terms of Service

YoGem.com provides web hosting to a large client base. All accounts on our servers are subject to these terms of conditions, including but not limited to hosting plans, reseller hosting plans, resold plans, semi-dedicated**, and dedicated server** plans. We reserve the right to cancel without notice any account that violates our terms of service, with YoGem.com as the sole arbiter in deciding what constitutes violation. By proceeding ordering one of your packages, you acknowledge that you have read, understand, and agree to fully abide by our terms of service listed below.

• Account usage

Your account is for your use only, and as the primary user, you agree to take responsibility for all usage of the account.

All services provided by YoGem.com may be used for lawful purposes only. Any violations of laws that apply to YoGem.com, or any jurisdiction that applies to you or your site is strictly prohibited. This includes but is not limited to copyrighted material, intellectual property and threatening material. Sites that promote illegal activity or present content that is damaging to YoGem.com are also strictly prohibited.

Illegal activity such as hacking and cracking that originates from your account is also strictly prohibited.

• Adult Content & Spamming

We operate a zero tolerance policy on both adult content and spamming (the sending of mass unsolicited emails).

Any adult orientated material, including but not limited to explicit pictures, pornographic or indecent pictures found in any account will result in instant termination without notice. If resold accounts are found to contain material listed, they will be terminated and the reseller informed.

Any unsolicited email transmitted over YoGem.com's network is strictly prohibited and will result in instant termination without notice. This includes but is not limited to virtual, reseller, resold accounts, semi-dedicated, and dedicated server accounts.

Formmail scripts prior to Matt Wright's formmail script version 1.9 or later, as well as old and not upgraded softwares, are banned as security holes in the script can result in them being used as spamming tools.

• High Resource Usage Policy / Script Usage

Resources are defined as CPU usage, memory usage and available system resources. When an account is found to be manipulating resources, we may implement the following policy.

When an account is found to be manipulating resources, YoGem.com reserves the right to suspend, terminate, or make appropriate changes to the account to prevent the account from continually manipulating resource.

This policy is only used in extreme cases to prevent misuse and is used to ensure our servers are fast and stable at all times.

The following scripts and programs are banned from our servers due to resource manipulation / server misuse.

• Flat file CGI based forums / message boards such as UBB, Ikonboard and UlimateBB;


• IRC (Internet Relay Chat) scripts or bots;


• Eggdrops;


• Proxy Servers;


• The Anonymizer;


• All "formmail" scripts. It is advised that secure variants, such as PHP Form Mail, are used;


• Spamming scripts / programs;


• Hacking / spoofing / sniffing scripts / programs;

• Payment Policies

All accounts are set-up on a pre-pay basis. YoGem.com reserves the right to change the prices of any of its services at any time. Payment is due every 30 days from the date on which the account will be established, or every 365 days if the account is paid for yearly. Clients will be automatically charged UNLESS a cancellation request has been sent to billing@yogem.com, and YoGem.com have confirmed your request. Cancellation requests must be sent in 5 days before your next billing date.

In situations where the card number is declined, the card will be charged on the following day for 7 days. If the card is declined in each of these situations, the account for which payment is overdue will be suspended, and the user contacted to make alternative payment arrangements. If payment is not made within 14 days of the card failing, we reserve the right to terminate the account.

Clients agree that they are liable to extra charges that their accounts incur, including but not limited to extra bandwidth usage and extra diskspace usage.

Cancellation requests logged within 30 days of the account set-up will have a full refund issued.

• Cancellation and Refunds

YoGem.com reserves the right to terminate a client's account at anytime without prior notification if the account is in breach of the listed terms and conditions. No refund is given in such a situation.

A client can choose to cancel their account at any time. If within the first 30 days following the initial order, a full refund will be issued. This is referred to as our 30 day money back guarantee.

Cancellations out of the 30 day period will not receive a refund. Please allow 5 business days for a refund to be processed; please put in cancellation requests at least 5 days prior to your next billing date.

• Indemnification

Client agrees to use all YoGem.com services and facilities at their own risk and agree to defend, indemnify, save and hold YoGem.com harmless from any and all demands, liabilities, losses, costs and claims including but not limited to attorney's fees asserted against YoGem.com, it's agents, officers and employees, that may arise directly or indirectly from any service provided by ourselves.

You agree that this indemnification extends to all aspects of your account, including but not limited to site content and domain name selection.

You agree that you take ALL legal responsibility for account use and that you supply current and truthful details when signing up.