Acceptable Use Policy (AUP)
York PA Hosting provides Internet World Wide Web page hosting, Marketing, and Development. York PA Hosting has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
York PA Hosting general policy is to act as a provider of Internet presence. York PA Hosting reserves the right to suspend or cancel a customer's access to any or all services provided by York PA Hosting when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of York PA Hosting is strictly prohibited.
Unauthorized use of other people's accounts or computers York PA Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a York PA Hosting customer, whether or not the attacked account or computer belongs to York PA Hosting, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - York PA Hosting has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by York PA Hosting to be unacceptable use of York PA Hosting's services including abuse of server resources.
Shared hosting accounts may be terminated that include the following content or which have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers) Displaying material that exploits children under 18 years of age Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities
Abuse of Unlimited Traffic
York PA Hosting's customers are privileged to be offered unlimited traffic for their web sites. The intention of York PA Hosting is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on York PA Hosting's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of York PA Hosting management. Any customer who violates York PA Hosting's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.
For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach the amount of quote allocated to your specific web hosting plan. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $5.00/1GB/month.
You will have 3 days to pay for your overages. If you do not pay for your overages your site will be disabled within 3 days of your first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or York PA Hosting has the sole decision to deactivate any and all servers.
York PA Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Backups and Data Loss
Your use of this service is at your sole risk. We do automatic backups on a weekly basis. This service is provided to you as a courtesy. York PA Hosting 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 York PA Hosting servers in case of catastrophic server failure.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
York PA Hosting takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. We will charge the compromised account up to $25 per unsolicited email message sent.
The following activities are not allowed: Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"). Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web site hosted by or through York PA Hosting (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers)
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the York PA Hosting Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact firstname.lastname@example.org to have your domain moved.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)
We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network.
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. York PA Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (5 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies York PA Hosting at email@example.com to request for termination of services. All payment is in U.S. currency. York PA Hosting will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All York PA Hosting accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically re! new at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at firstname.lastname@example.org should you wish to change your anniversary billing cycle. Late Fee Of $2.99 Will be Imposed to any account that is Past Due
York PA Hosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by York PA Hosting if York PA Hosting institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
If you are on a monthly hosting package you can cancel your service anytime, we do not have any contracts. If you purchased an annual package you may request a refund within 15 days of purchase if you account was not suspended due to breaking any of our policies. You can view our . Canceling your PayPal or 2CheckOut subscription may result in immediate cancellation of your hosting account regardless of any remaining time left that you have pre-paid for. Be sure that you have copies of your web files before you cancel your hosting.
Intellectual Property Rights
Material accessible to you through York PA Hosting's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use York PA Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the York PA Hosting network. If you use a domain name in connection with York PA Hosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the York PA Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. York PA Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static / Dynamic Content Caching
You expressly (i) grant to York PA Hosting a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by York PA Hosting under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
York PA Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by York PA Hosting and York PA Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
York PA Hosting reserves the right to refuse service to anyone. Customers may only use York PA Hosting server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of York PA Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Harrisburg, Pennsylvania, and any dispute will be litigated or arbitrated in Harrisburg, Pennsylvania. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Delaware courts. IN NO EVENT SHALL York PA HOSTING'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD York PA HOSTING HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST YORK PA HOSTING, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS YORK PA HOSTING AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH York PA HOSTING'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM YORK PA HOSTING'S SERVER.
YORK PA HOSTING WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. YORK PA HOSTING MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. YORK PA HOSTING DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY YORK PA HOSTING AND ITS EMPLOYEES. YORK PA HOSTING RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF YORK PA HOSTING MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
York PA Hosting follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.