** Copyright of this Agreement and Term of use only reserved for YOURCONNECT CO., LTD.
This Hosting Agreement (this "Agreement") is between YourConnect, a LLC formed under the laws of the Kingdom of Thailand (YourConnect) and the person (individual or legal person) whose signs YourConnect's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of YourConnect's Web hosting service.
Any illegal activity detected on a website will lead to sealing of the same by us with immediate effect, as per the IT rules laid out by the Kingdom of Thailand and International IT Act.
The use of any services provided by "YourConnect Co.,Ltd [yourconnect.com]" constitutes your full agreement to the TOS (terms of service) and any expand Terms of Service outlined below. From herewith in this TOS, the usage of "us", "we", "our", "ours" shall constitute reference to "YourConnect", the usage of "you", "your", "they", "them" shall refer to the client / customer of "YourConnect".
Please email us at abuse[at]yourconnect[dot]com to report any violators of these terms.
YourConnect provides hosting services. This includes dedicated servers, VPS servers, Colocation, and web hosting. We reserve the right to suspend or permanently terminate your hosting account, with no refund, upon failure to follow the terms outlined below. While your account is suspended, invoices will continue to be generated.
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security (dedicated server), cPanel (web hosting), or Colocation ( Colocation servers) is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and YourConnect Acceptable Use Policy ("AUP"), including SPAM, and all disconnect and reconnect fees associated with violations. YourConnect does not harden or enable additional server security software outside of operating system defaults, for dedicated server clients.
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with YourConnect, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date.
YourConnect is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Customers should also maintain their payment confirmation details that have been paid to us for activation of the orders. It is also advisable to maintain the backup of our first mail which is sent to you after activation of your order and contains your User ID and password. By using the details provided, we will be able to provide you Technical/Billing support and activation/renew/control panel/reset password facility etc.
It is your responsibility to make sure your payment information is fully up-to-date and accurate. It is your responsibility to make sure that invoices generated to your account are paid in full and on time.
YourConnect offers a 2-day grace period from when your payment is due (except for dedicated servers, there is no grace period). If the invoice is not paid within these 2 days, then your account will be suspended. Failure to pay the invoice within 5 days of generation will result in an additional late fee if you choose to continue hosting with us. Failure to pay your invoice within 7 days will result in complete termination and deletion of your hosting service.
Invoices paid in mistake (including double-payments, or extra payment) cannot be refunded, but will be rewarded as account credit. Hosting accounts will be protected from future price-increases. Existing clients will continue to pay the same as they did upon account creation for their entire hosting period (the exception being account cancellation). All promotions (unless otherwise stated) will be stock installs only. Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts.
Upon canceling your account (via the Client Area), invoices will no longer be generated. All information related to your hosting services (including files/databases/etc.) will be permanently deleted. Any invoices previously paid before account cancellation will not be refunded, regardless of time between invoice payment and account cancellation. It will however, be added to your credit balance, for future use. YourConnect reserves the right to suspend or completely terminate (on next due date) your hosting services with no refund for any and/or no reason. It is your responsibility to cancel any PayPal subscriptions at the time of service termination. We cannot end these subscriptions for you.
For Web hosting, VPS, Dedicated Server and Colocation servers, we will require 15 days notice prior to cancellation or any downgrades before upcoming billing cycle. Client can submitted via support ticket to make a requirement. All client’s data will destroy from our Server after the service is end. It’s your responsibility to backup all data.
Any and all charge disputes must be reported directly to YourConnect within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by YourConnect, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to deducted 10% from original amount of funds which were reclaimed for 'Administrative Fee'.
Our hosting transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
All "content" which includes and is not limited to files, databases, most follow our Acceptable Use Policy, also referred to as the "AUP". Failure to comply will result in account suspension, and after 7 days termination without refunds or credit back.
All services provided by YOURCONNECT Web Hosting Services may only be used for lawful purposes. The customer agrees to indemnify and hold harmless YOURCONNECT Web Hosting Services from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse[at]yourconnect[dot]com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
:: Samples of unacceptable material on all Shared and Reseller servers include ::
:: Samples of unacceptable material on all Dedicated servers include ::
YOURCONNECT Web Hosting Services services, including all related equipment, networks and network devices are provided only for authorized customer use. YOURCONNECT Web Hosting Services systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of yourconnect Web Hosting Services system(s) constitutes(เป็น ประกอบ) consent (ความยินยอม) to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse[at]yourconnect[dot]com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers : we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers : Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
8.1 There is a maximum 250 including cc and bcc (might be changed without any prior notice) outgoing email hourly limit per domain, this limit is also applied towards mailman. If you send over this amount in any hour, most of the e-mails will bounce back with an undeliverable error. Many of our servers have a limit of 90 POP3/IMAP checks per hour per e-mail address. If you go over this you are likely to get a wrong password error message or an error stating "login incorrect". If this occurs, please wait an hour and it will automatically unblock you. To prevent this from happening again, please make sure to disable auto checking or at least set it to something higher such as once every 10 minutes.
8.2 Mailing Lists Rules - Any mailing list larger than 1000 addresses will require a dedicated hosting solution from us.
(8.2.1) Any time you are sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 20 seconds. (Sending 1 every 20 seconds would send 180 emails within 1 hour, keeping you below the 200 outgoing email limit.) If the mailing list software you are using does not allow you to throttle you must switch to an application or script that will. We recommend PHPList, which can be found in your Control Panel.
(8.2.2) IMPORTANT: If you do not throttle and you try sending 250 emails, the server will try sending all 250 in 1 second which is not possible on our shared servers. This will cause a very high load on the server and the entire server will be sluggish, potentially affecting your sites and service, until this sending process is completed. It is our job to keep the server up and running without being sluggish or experiencing issues. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle, you will most likely be suspended/terminated for crashing the server.
(8.2.3) The list must be a Double Opt-In list. This means a user has subscribed for a newsletter or other email marketing messages by explicitly requesting it and confirming the email address to be their own. Confirmation is usually done by responding to a notification/confirmation email sent to the email address the end user specified. The double opt-in method eliminates the chance of abuse where somebody submits someone else email address without their knowledge and against their will. You will not be permitted to mail any mailing list that you were given or purchased. In doing so, this will also be considered spamming and may result in termination of the offending account.
(8.2.4) Any unsolicited e-mail being sent will result in suspension or termination of the offending account without any information. We take a zero tolerance stance against sending of unsolicited e-mail and other forms of SPAM
(8.2.5) No direct SMTP mailers are allowed. An example of this would be a Darkmailer or The Bat!. Any mail should be sent through the local mail server/MTA for further delivery by the server and not done directly by scripts.
For Dedicated Servers service, VPS service or Colocation service, there are no e-mailing limits. However, if we get SPAM reports, we will contact you and/or null route your mail servers. For more information see our abuse section.
8.3 Abuse (Dedicated and VPS and Colocation customers only)
YourConnect reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
- An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam blacklistings) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
- If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
- Habitual neglect of abuse occurring on a client's server may lead to service termination or longer-term port filters as some blacklistings can take several weeks to time out or be removed.
YourConnect reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, YourConnect reserves the right to issue a fine and immediately terminate the service.
Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a client's server are a result of the server's security being compromised, our abuse department will offer the following options:
YourConnect handles any and all Digital Millennium Copyright Act ("DMCA") complaints very seriously, and will thoroughly investigate each complaint received. YourConnect reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of 100 THB per 10GB. per month over the allotted bandwidth on the service. YourConnect reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. YourConnect is not responsible for spikes in bandwidth that are caused on a client's service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
Data Backup of our server is daily, weekly and monthly.
All data backup will be written replace previous data, and all kind of data backup will be keep only 7 days, 4 weeks and 3 months.
Daily database backup will be run on 06.00 AM of each day, it will replace previous data and all data will be keep only 1 month.
** This service is provided to you as a courtesy
YourConnect is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on YourConnect servers.
Customers are advised to maintain data backups on their home computers or CDs to ensure that they have ready access to their data in case we have a hardware failure. However, such cases are rare in occurrence, but cannot be avoided sometimes. This is why we recommend all our clients to take regular backups for all their important e-mails, files and data by forwarding mails to other domain email IDs or by using Outlook or Thunderbird.
Our staff is on hand to help provide you with support and to make sure your hosting experience is the best it can be. Rude behavior to our staff, including profanity or any other form of abuse, will not be tolerated. If you are rude to our staff, we reserve the right to suspend and/or terminate your account(s). If you feel one of our staff members is being rude to you, please contact us with complaints and proof.
For Web Hosting Services, YourConnect offers a 30-day money back guarantee. If you are not completely satisfied with your hosting, simply contact us within 30 days of receiving your account set-up email (with the login information) and we will give you a full refund.
The refund guarantee terminates if:
For Colocations Services, YourConnect offers a 3-day money back guarantee. If you are not completely satisfied with your colocation server, simply contact us within 3 days of receiving your account set-up email (with the login information) and we will give you a full refund.
The refund guarantee terminates if:
For Dedicated Servers, there is a no refund policy. We are unable to provide full or pro-rated refunds as per our data center's policy.
For safety reasons, we urge our customers not to divulge the password of their e-mail/hosting/ftp accounts to anyone. In cases where passwords and usernames are to be given to our employees, we suggest to change the password immediately. In every 30 days you have to change your all password for security reason.
YourConnect Web Hosting Services reserves the rights to change hosting plan/package and features anytime. Which includes, disk Space, bandwidth, maximum CPU/RAM usages or any accounts limits etc.
In case of any tampering done to our network security, we will take an immediate action against the respective hosting account.
User may not :
The use of more than 150,000 inodes on any account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here.
Cgi script sharing with domains not hosted by yourconnect is not allowed. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice. See our Script usage policy for more details.
If any customer violates the company’s policies in site transfer or misuse of bandwidth, YourConnect Web Hosting Services can decrease its allotted Traffic quota or suspended/terminated his account without any prior notice.
As per our policies, at least 95% of your web pages (HTML/PHP) must be "Linked" with files (.GIF, .JPEG,.swf etc.) which is stored in our server. Web space must not be used by you/your visitor for free upload, download heavy size file. Web sites containing a large number of unlinked files or using server space for data storing propose are subject to deletion of files otherwise we will cancellation the account without prior notice.
YourConnect will take no responsibility for any damage to your business through direct or indirect use of our services. This includes loss of data or damage due to delays, no/wrong deliveries, downtimes, or any and all service interruptions caused by YourConnect and its employees.
YourConnect will comply with appropriate law enforcement agencies. We reserve the right to disclose any and all information about clients and client accounts in the event of lawful request from these agencies.
YourConnect keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. YourConnect reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name. All communications from YourConnect and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, "Notices"). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the "Terms of Service" link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
YourConnect reserves the right to modify these Terms of Service at any time. Any changes may or may not be announced. Regardless of circumstances, it is the client's responsibility to keep up to date with the Terms of Service, and any issues that may arise will be governed by the current Terms of Service, regardless of any ignorance.
YOURCONNECT Co., Ltd. will not provide Hosting Service to website that contain following contents: