Acceptable Use Policy (AUP) and Service Level Agreement (SLA)
Jump: Acceptable Use - Service Level
H4Y Technologies LLC (Host4Yourself.com and H4Y-Platinum.com) provides the following services: internet website hosting, internet e-mail, electronic commerce (e-commerce) services, and domain name registration. Such services may be used for lawful purposes only. Storage space is intended only for the storage of a Customer's website or related material. Customers may not transfer or store material on Host4Yourself's; servers that is not directly or indirectly related to such a website. Third-party chat scripts or list serve software is not allowed (but Host4Yourself provides such software for Customer use).
Customers should read this User Agreement carefully and should check periodically for changes (the most current version may be viewed-and bookmarked for easy access-- at www.Host4Yourself.com/policy.php). Host4Yourself reserves the right to amend this Agreement and Terms of Service at any time, effective upon posting. By submitting an order and/or using any offered services, Customers are agreeing to be bound by these Terms and Conditions and any posted amendment.
All services are provided "as is" and at the Customer's own risk. Host4Yourself is not responsible for any damages arising directly or indirectly from the Customer's use of any service(s) provided by Host4Yourself or from the Customer's inability to use any service(s) for any reason. Host4Yourself will do what it can to assist Customers in making effective use of its services and to provide effective technical support. However, Customers are solely responsible for developing, operating and maintaining their web sites, online store(s), and/or e-commerce activities. In no case shall H4Y Technologies LLC be liable for any damages, losses, costs, causes of action, or claims in excess of the actual dollar amount paid by the Customer for the services provided.
This document (and any posted amendments) represents the Host4Yourself Acceptable Use Policy in its entirety and it supersedes any other written or oral policy or representation.
B. PROHIBITED ACTIVITIES
Customers agree that they may not use Host4Yourself servers or services for any of the following:
* Unauthorized use of copyright- or trademark-protected software or other intellectual property.
* To transfer or store illegal MP3 files, movies, and/or pirated software.
* To provide instructions, links, or references to illegal material or activities-intended or reasonably expected to promote or facilitate resort to such material or activities.
* To transfer or store obscene, pornographic, or similar adult material (adult material is allowed on certain services as described on our website or when given written permission by staff).
* To violate any U.S., State, local, or international law, or any accepted norms of the internet community.
* To utilize Host4Yourself.com's servers or services in such a way as to intentionally or knowingly damage Host4Yourself.com's commercial reputation and goodwill.
* To sell or promote the sale and/or distribution of drugs (except by a licensed physician or pharmacist as authorized by law), contraband, or other illegal material.
* For internet abuse, including (but not limited to) spamming, posting inflammatory or obscene messages, threatening, harassment, or defamation of other internet users, or to incite others to engage in illegal or harmful activities.
* For systems abuse, including (but not limited to) using excessive CPU resources or disk space, hacking (attempting to gain access to other Customers' accounts or to root accounts), installing continuously running programs, and reselling Host4Yourself's custom scripts.
* To attempt to undermine or cause harm to a server or Customer of Host4 Yourself, including deliberate attempts to interfere with a service, overload a service, or attempt to disable a host.
* To use or attempt to use an internet account, server, computer, or network without the owner's authorization-including internet "scamming" (tricking people into releasing their passwords), password robbery, security hole scanning, etc.
* For any unauthorized use of or tampering with accounts or computers belonging to Host4Yourself or a Host4Yourself Customer, or any other accounts not provided or intended for use by the Customer.
* For circumventing security provisions in order to gain access to services without incurring charges.
* To use excessive amounts of CPU processing on any of Host4Yourself.com's shared servers.
* Bandwidth and/or disk usage that exceeds the number of megabytes per month for the services ordered by the Customer on the Order Form. (Host4Yourself shall have the right to take corrective action if the Customer's bandwidth or disk usage exceeds the usage agreed to. Such corrective action, which may be taken in Host4Yourself.com's sole discretion, may include the assessment of additional charges, suspension, cancellation, or disconnection of any and all services, or termination of this Agreement. Customers shall not be entitled to a refund of any fees paid in advance prior to such action.)
* Sending commercial e-mail to a recipient if the recipient has requested that the Customer discontinue such communication.
* Forging e-mail header information in any way.
What “Unlimited” means (shared, reseller plans with unlimited storage)
Host4Yourself does not set a cap on the amount of space and bandwidth a single shared hosting Customer can use. Subject to terms and conditions, Host4Yourself makes every commercially reasonable effort to provide it’s hosting subcribers with all the storage and bandwidth needs to power their websites successfully, as long as the Customer’s use of the service complies with these Terms. By offering unlimited resources, we are able to provide simple, fixed pricing to our hosting Customers as they grow their business online. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What “Unlimited” DOES NOT mean
Host4Yourself employs complex mechanisms to protect its hosting Customers and systems from any kind of abuse. Host4Yourself’s “Unlimited” hosting offering is not for single or few hosting Customers to unfairly or adversely impact the experience of other hosting Customers. Host4Yourself’s service is offering shared hosting service, which means that multiple hosting Customer’s websites are hosted from the same server and share server resources. Host4Yourself’s service is designed to meet the typical needs of small and medium sized businesses across globe. It is NOT intended to support the sustained demand of large enterprises, or non-typical applications better suited to a dedicated server. Host4Yourself will make every commercially reasonable effort to provide additional resources to Customers who are using their website(s) consistent with these Terms, including moving Customers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Customers, Host4Yourself does place automated safeguards to protect against any website growing too quickly and adversely impacting the system until Host4Yourself can evaluate said sites resource needs.
Unlimited Hosting Space; excessive SQL Database
Host4Yourself does not set any specific limits on the amount of disk space a hosting Customer can use for their website, nor does Host4Yourself charge additional fees based on an increased amount of storage used, provided the hosting Customer’s use of storage complies with these Terms. Please note, however, that the Host4Yourself service is designed to host websites. Host4Yourself does NOT provide unlimited hosting for online storage, videos, images, audio, games, installers, executable files, backups, or archiving of electronic files, documents, log files, web spider or indexer, irc, torrent, file sharing, peer-to-peer activities, testing environment etc., and any such prohibited use of the Services will result in the termination of hosting Customer’s account, with or without notice. Accounts with an excessive database size (i.e., more than 1 GB) negatively affect the performance of the server. Host4Yourself may request that the database size be reduced to ensure proper performance or may disable the Customer’s account, with or without notice. Hosting Customers can create multiple databases however size of each database should not be more than 1 GB.
Unlimited File Transfer or Bandwidth
When indicated as "unlimited", Host4Yourself does not set any limits on the amount of visitor traffic a website can receive or on the amount of content a hosting Customer can upload to his/her/its website in a given month, nor does Host4Yourself charge additional fees based on increased use of bandwidth, as long as the hosting Customer’s use of the Services complies with these Terms. In most cases, a hosting Customer’s website will be able to support as much traffic as the hosting Customer can legitimately acquire. However, Host4Yourself reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other hosting Customers.
Unacceptable Resource Usage
C. BILLING TERMS AND CUSTOMER RESPONSIBILITIES
* Customer agrees to pay all fees and other charges incurred on their account, in accordance with the Host4Yourself Price Lists and Sign Up Sheet/Order Forms. All services are provided on a pre-payment basis.
* Customer agrees to these rates and terms as they may from time to time be amended-by posting to the Host4Yourself website, by e-mail notification, or by regular mail. By agreeing to these terms, Customer authorizes Host4Yourself to charge any amounts payable by you in connection with your use of the service automatically to the credit card you provided in the registration process (or to another credit card number provided thereafter), subject to the terms and conditions of the agreement with Customer's credit card issuer. Customer's right to use the service is subject to any limits established by the credit card issuer.
* Accounts will be deemed to continue to the next increment of service, unless Customer provides timely advance notification to cancel or discontinue service at the end of the agreed-upon service period. Yearly packages, if not cancelled by the end of 12 months, will be deemed to continue for the following 12-month period. Monthly packages, if not cancelled by the end of the month, will be deemed to continue for the following month. The credit card number provided will be charged accordingly.
* All prices are in U.S. dollars. Host4Yourself reserves the right to charge the Customer the U.S. dollar equivalent in any currency.
* Host4Yourself reserves the right, at its sole discretion, to deactivate a Customer's account(s) upon an indication of a credit problem, including delinquent payments, or for violation of any terms of this Agreement (at the discretion of Host4Yourself).
* If Host4Yourself is not notified by the Customer prior to the expiration date of the credit card provided to it for the purpose of payment, Host4Yourself will automatically update the expiration date to the next year. (Many customers simply neglect to update their expiration date, which may lead to automatic cancellation of their account. To save time and possible service interruption, Host4Yourself has adopted this practice as a standard procedure.)
* It is the sole responsibility of Customers to back up their content and any files that reside on Host4Yourself.com's managed or owned servers. Host4Yourself is not responsible in any way for the content hosted by a customer on its servers or for the reliability of the transmission of data across or through the Host4Yourself network.
* The Customer is responsible for programming and for uploading the Web site to the Host4Yourself web servers. Host4Yourself does not provide free Web site development, consulting, programming, or debugging services.
* Because of the public nature of the internet, all information should be considered to be generally accessible to the public. Important or private information should be treated carefully. Host4Yourself is not liable for the protection or privacy of electronic mail or other information transferred through the internet or any other network Host4Yourself or its customers may utilize.
* If Host4Yourself cancels Customer's account for any reason, Customer agrees not to re-register without Host4Yourself.com's written consent. In the event Customer re-registers without such consent, Host4Yourself will cancel Customer's account and all fees paid will be forfeited regardless of whether service has been rendered. Any amounts owned in arrears will come due and payable immediately.
* Host4Yourself requires that Customer be qualified to enter into a legal contract. Host4Yourself cannot accept payments from persons who are not at least eighteen (18) years of age. All billing data provided to Host4Yourself must be accurate and up to date. False or inaccurate data supplied by the Customer will be grounds for account termination.
* Host4Yourself shall have no direct or indirect liability to third parties for Customer's infringing of copyrighted materials, or for any other reason. Customer shall reimburse Host4Yourself for all expenses associated with processing valid infringement allegations and defending any and all legal claims associated with therewith.
* Host4Yourself has a strong policy to respect and protect the privacy of its customers and their information that is stored on Host4Yourself.com's hosting services. Host4Yourself will only access and disclose information as necessary to comply with applicable laws and governmental requests, to provide Host4Yourself services, to operate or maintain its systems, or to protect itself or its customers.
* Host4Yourself bills bandwidth on an IN+OUT (INCOMING and OUTGOING) basis, including overhead, and discards the top 5% of metered usage (95% usage). For example, 1000GB monthly bandwidth is equivelent to 500GB IN and 500GB OUT. If customer exceeds 50% of the total bandwidth IN or OUT, Customer is subject to overages. It is Customer's responsibility to monitor their own bandwidth. Overages are charged at $1 per GB per month unless stated otherwise.
D. OUR LAWYERS MADE US ADD THIS
Customer agrees that it will defend, indemnify and hold Host4Yourself harmless from and against: (1) any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Host4Yourself, its agents, its customers, its officers, and its employees that may arise or result from any service provided or performed (or agreed to be provided or performed), or any product sold by Customer, its agents, employees or assigns; and (2) liabilities arising out of (a) any injury to person or property caused by any products sold or otherwise distributed in connection with Host4Yourself.com's server; (b) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (c) copyright infringement; and (d) any defective products sold to Customer from Host4Yourself.com's server.
In other words, if someone sues us because of something you did or failed to do, we are not responsible and you have to defend us against such third-party claims.
E. REPORTING ABUSE OF THIS POLICY
Any Customer or non-Customer seeking to report any violations of this policy may send an e-mail to: [email protected]
Host4Yourself.com and H4Y-Platinum.com are trademarks and brands owned by H4Y Technologies LLC.
100% Uptime Guarantee
This 100% uptime guarantee applies to any Host4Yourself client in good financial standing with Host4Yourself at the time of a service outage.
(2.) Service Level Agreement &
Host4Yourself endeavors to have the content of your web site available for http access by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from Host4Yourself to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Host4Yourself's regular contact methods (phone, support ticket, or email). If the ticketing system or email itself is unreachable, the ticket must be started by calling Host4Yourself. Host for Yourself's administrators will determine the end of the downtime by a trace-route to the customer's machine from outside the Host for Yourself network.
a. Shared Hosting (including reseller accounts) - In the event that your web site is not available 100% of your billing term, Host4Yourself will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month or as determined by a Host4Yourself representative.
Monthly Uptime Credit
95% to 99.9% 10%
90% to 94.9% 20%
89.9% or below 50%
b. Dedicated Servers - For dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.
Minutes of continuous downtime
5+ 60 minute intervals: 25%
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to [email protected]. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Host4Yourself. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with:
a. circumstances beyond Host for Yourself's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;
b. failure of access circuits to the Host4Yourself Network, unless such failure is caused solely by Host4Yourself;
c. scheduled maintenance and emergency maintenance and upgrades;
d. DNS issues outside the direct control of Host4Yourself;
e. issues with FTP. POP, IMAP, or SMTP customer access;
f. false SLA breaches reported as a result of outages or errors of any Host4Yourself measurement system;
g. customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, ASP, etc), any negligence, willful misconduct, or use of the Services in breach of Host4Yourself's Terms and Conditions and Acceptable Use Policy;
h. e-mail or webmail delivery and transmission;
i. DNS (Domain Name Server) Propagation.
j. outages elsewhere on the Internet
that hinder access to your account. Host4Yourself is not responsible
for browser or DNS caching that may make your site appear inaccessible
when others can still access it. Host4Yourself will guarantee
only those areas considered under the control of Host4Yourself:
Host4Yourself server links to the Internet, Host4Yourself's
and its providers' routers, and Host4Yourself's owned or rented
Effective date: May 25, 2018
H4Y Technologies LLC ("us", "we", or "our") operates the https://h4y.us website (the "Service").
This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
Service is the https://h4y.us website operated by H4Y Technologies LLC
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies are small pieces of data stored on your device (computer or mobile device).
Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
Data Processors (or Service Providers)
Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
We may use the services of various Service Providers in order to process your data more effectively.
Data Subject (or User)
Data Subject is any living individual who is using our Service and is the subject of Personal Data.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
Tracking & Cookies Data
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
H4Y Technologies LLC uses the collected data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable information so that we can improve our Service
- To monitor the usage of our Service
- To detect, prevent and address technical issues
- To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information
Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)
H4Y Technologies LLC may process your Personal Data because:
- We need to perform a contract with you
- You have given us permission to do so
- The processing is in our legitimate interests and it's not overridden by your rights
- For payment processing purposes
- To comply with the law
Retention of Data
H4Y Technologies LLC will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.
Disclosure of Data
Disclosure for Law Enforcement
Under certain circumstances, H4Y Technologies LLC may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
H4Y Technologies LLC may disclose your Personal Data in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of H4Y Technologies LLC
- To prevent or investigate possible wrongdoing in connection with the Service
- To protect the personal safety of users of the Service or the public
- To protect against legal liability
Security of Data
The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.
"Do Not Track" Signals
We support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
Your Data Protection Rights Under General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. H4Y Technologies LLC aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.
If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.
The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
The right to object. You have the right to object to our processing of your Personal Data.
The right of restriction. You have the right to request that we restrict the processing of your personal information.
The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
The right to withdraw consent. You also have the right to withdraw your consent at any time where H4Y Technologies LLC relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such requests.
You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en
We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).
The payment processors we work with are:
PayPal or Braintree
Links to Other Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Our Service does not address anyone under the age of 18 ("Children").
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
- By email: [email protected]
- By visiting this page on our website: https://my.h4y.us/contact.php
- By phone number: 8664355642
- By mail: 333 Island Dr. Melbourne Beach, FL 32951