Term of Use/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).

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.

Service Rates:
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payments and Fees:
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 30 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.99 late fee. Accounts that are not collectable by YesUp may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $500. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes:
All hosting payments to YesUp Ecommerce Solutions Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in YesUp's sole discretion is a valid charge under the provisions of the TOS, you agree to pay YesUp an "Administrative Fee" of not less than $50 and not more than $500.

Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to billing@yesup.net or fax the cancellation request to 1-503-213-6300. You must have all account information to cancel.

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.

Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another provider to YesUp Ecommerce Solutions Inc. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by YesUp Ecommerce Solutions Inc. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

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. YesUp does not provide technical support for YOUR customers. If you can email, we encourage you to email Hosting@YesUp.Net for assistance.

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.
   

SPAM and Unsolicited Commercial Email (UCE):
YesUp takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of YesUp may not use or permit others to use our network to transact in UCE. Customers of YesUp may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

1. Violation of YesUp's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, YesUp will initiate an immediate investigation (within 48 hours of notification). During the investigation, YesUp may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, YesUp may, at its sole discretion, restrict, suspend or terminate customer's account. Further, YesUp reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. YesUp will notify law enforcement officials if the violation is believed to be a criminal offense.
2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $200 per hour that YesUp personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
3. As our Customers are ultimately responsible for the actions of their clients over the YesUp network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

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.

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.

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.

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