Terms of ServiceLast Updated April 26th, 2018
These Terms of Service ("Agreement") are an agreement between YourLastHost, LLC ("we", "us", or "our"), and you ("User", "you", or "your"). This agreement sets in place the terms and conditions for the use of any products and services set forth by YourLastHost, LLC. If you do not agree to abide by these terms, you are not authorized to access or use our Services.
Please read these Terms of Service carefully before using the Services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization.
In other words...
This is an agreement between YourLastHost and you.
a. Use of our services is governed by additional policies, which are incorporated by reference. By using our services, you also agree to the following:
-Acceptable Use Policy
-Copyright Infringement Policy
a. By registering for and using our services, you represent that:
-You are at least 18 years of age. The Services are intended for use by users who are 18 years and older. Any registration, use of, or access to our services by anyone under 18 is a violation of this Agreement.
-If you use our services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the services.
b. It is your responsibility to provide accurate, complete, and current customer information on registration forms. The email address that you use to sign up must be different from the domain that you are signing up with. If there is a reason for us to contact you, we will contact you using this email address.
c. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security of your account.
d. Any dedicated IP order is subject to IP justification. IP justification policies may change to comply with the American Registry for Internet Numbers (ARIN) and RIPE.
e. You agree that changing the main domain on an account will incur a fee of $10 for each time the main domain is changed.
Make sure that:
You're using real information when you sign up
You're responsible for the use of your account
a. Our website migration service is provided as a courtesy. Our team will make every effort to help move your website to us, but we do not make any guarantees regarding the availability, possibility, or time required to transfer an account. Our free migration service is available for 30 days after your sign-up date. Transfers outside of the 30 day period will incur a charge as specified below:
-cPanel transfers: $0.50/account
-Non cPanel transfers: $2.50/account
b. Our VPS migration service is also provided as a courtesy. Our team will make every effort to transfer your VPS server, but we do not make any guarantees regarding the availability, possibility, or time required to transfer a VPS account. If a user wants to move their VPS from one location to another, YourLastHost will migrate the VPS for free for the first time. Additional migrations will incur a $5 charge per each migration. For example, if the user signs up with a VPS in France and would like to move the VPS to Los Angeles, this first migration is free. A subsequent migration would cost $5.
We can't guarantee that our migrations will go perfectly
4) User Content
a. You may be able to upload, store, publish, display, and distribute information, text photos, videos, and other content on or through our services (collectively referred to as, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted by us. You are solely responsibly for ensuring that User Content complies with this agreement.
b. YourLastHost exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through YourLastHost's computers, networks, or points of presence. YourLastHost does not monitor User Content. You agree and acknowledge that YourLastHost may take corrective action in YourLastHost's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate and and all Services without refund if you violate the terms of this Agreement. You hereby agree that YourLastHost will have no liability due to the corrective action that YourLastHost may take.
5) Account Security and YourLastHost Systems
a. It is your responsibility to ensure that scripts and programs installed under your account are secure and that permissions of directories and files are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account, including the compromise of credentials such as username and password.
b. The services, including all related equipment, networks, and network devices are provided only for authorized customer use. YourLastHost may, but is not obligated to, monitor our systems to ensure that use is authorized to facilitate protection against unauthorized access, to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, or copied and used for authorized purposes. By using our services, you consent to monitoring of network services for these purposes.
c. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. This includes but is not limited to denial of service attacks, brute force attacks, email spam, and web spam.
d. Any account which causes us to receive an abuse report may be suspended or terminated. If you do not remove malicious content after being notified, we reserve the right to leave access to services disabled.
e. We reserve the right to impose fees for verified abuse. Payment must be made for abuse of services prior to account re-activation. We reserve the right to deviate from our abuse schedule as we see fit. Our abuse fee schedule is as follows:
-First notice: no charge.
-Second notice: $5 penalty.
-Third notice: $25 penalty.
-Fourth notice: Account Termination
You will upload content that you own, that doesn't harm other computers or networks, and if you receive a notification, you will act swiftly to fix the issue.
a. We are not "HIPAA compliant". Customers requiring secure storage of "protected health information" as define under the federal Health Insurance Portability and Accountability Act (HIPAA) are expressly prohibited from using the services for such purposes.
Do not store information requiring HIPAA compliance on our servers.
Billing and Payment Information
a. It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the services in advance of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be applied to the oldest outstanding invoice in your billing account first.
b. Unless otherwise provided, you agree that you will be billed on an automatically recurring basis to prevent the disruption to your services.
c. All invoices must be paid within 2 days of the invoice due date. Any invoice that is outstanding for more than 2 days may result in the suspension of your service. Access to the account will not be restored until payment has been received. We reserve the right to charge a 15% late fee in addition to the invoice.
e. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, payment methods, or identities. We may report misuse or fraudulent use to governmental and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
f. You may dispute an invoice with YourLastHost prior to its due date. If you have any questions about a charge on your account, you may reach out to the billing department for assistance. Opening a dispute with your credit card company or initiating a chargeback is a violation of this agreement, and may incur an additional $75 chargeback fee.
Pay your invoices, do not use fraudulent information, and do not open chargebacks or disputes.
Money Back Guarantee
a. YourLastHost provides a 90 day money back guarantee for shared, reseller, and VPS accounts. The following are eligibility requirements for the money back guarantee. Customers must meet all eligibility requirements in order to be awarded the refund as per our money back guarantee:
-You have not been a customer of YourLastHost in the past.
-Abuse or misuse has not occurred on your service (see "Account Security and YourLastHost Systems", "CPU, Bandwidth, and Disk Usage").
-You have not initiated a dispute or chargeback.
-You have been a customer in good standing of the service for no less than 60 days and no more than 90 days.
Any violations of this agreement will waive your right to a refund.
These are the criteria you must meet to be approved for a refund per our 90-day money back guarantee.
CPU, Bandwidth, and Disk Usage
a. All use of hosting space provided by YourLastHost is subject to the the terms of this agreement and the Acceptable Use Policy.
-Shared and reseller hosting space may be used only for web files, active email, and content of user websites. Space may not be used for storage, including as offsite storage of electronic files, email, or FTP hosting. We will review and notify you in the event of excessive CPU or disk usage. Excessive CPU usage is defined as such usage that significantly impacts other users' ability to use their services.
-Dedicated and VPS usage is limited by the resources allocated to the specific plan or server that has been purchased.
b. Bandwidth usage is actively monitored.
You are free to use your web space, but don't use it for the purpose of backups. If any usage is too high, we will let you know.
a. If your shared or reseller server has a physical downtime that falls short of our 100% uptime guarantee, you may receive 1 month of credit on your account. This uptime guarantee does not apply to planned maintenance or acts of god. Server uptime is defined as the reported uptime from the operating system and the web server which may differ from uptime reported by other services. To request an uptime credit, please open a ticket with our Billing department. Please note that uptime guarantee requests must be submitted within 7 days of the actual downtime.
b. Uptime guarantees for dedicated servers include only network uptime. Events including but not limited to failure of a part, a DDoS attack, or an act of god are exempt from the uptime guarantee.
If uptime falls below our guarantee, you can get a credit on your account.
a. Resellers are responsible for providing support to their clients. If a reseller's client contacts us, we reserve the right to place the request on hold until the reseller contacts us directly. Resellers must contact YourLastHost directly for security purposes. b. Resellers are responsible for the content stored and transmitted under their reseller accounts.
We don't provide end user support to reseller accounts.
a. Discounts and coupons are reserved for first-time accounts or first-time customers only and may not be used toward the purchase of a domain name registration unless otherwise specified.
Discounts cannot be used multiple times for multiple accounts.
Backups and Data Loss
a. Your use of our services is at your sole risk. Our backup service runs daily and saves 7 backups. Only one week of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at our sole discretion. We make no guarantees about the availability of these backups.
Backups are a courtesy, and we can't guarantee that they will work.
Limitation of Liability
a. In no event with YourLastHost, its directors, employees, or agents be liable to you or any person for any direct, consequential, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or any other materials accessed or downloaded through the services, even if YourLastHost is aware of the possibility of such damages.
We can't be held liable for any reason.
a. You agree to indemnify, defend, and hold harmless YourLastHost, our affiliates, and our respective officers, directors, employees, and agents. The terms of this section shall survive any termination of this agreement.
You agree to indemnify YourLastHost.