Yupage.com provides online website building and web hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. EVERY VISITOR MUST READ AND AGREE TO OUR TERMS OF SERVICES . IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE Yupage.com WEBSITE AND DISCONTINUE USE OF ANY SERVICES IMMEDIATELY. All clients who use our services are subject to the following terms of service:
You agree to use all services and facilities at your own risk. specifically disclaims all warranties of merchant-ability and fitness for a particular purpose. In no event shall Yupage.com be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Yupage.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Yupage.com, 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 Yupage.com against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with any of Yupage.com’s services. Yupage.com reserves the right to intervene with any of the sites hosted on its Yupage.com servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Yupage.com’s server. Yupage.com shall be the sole judge of what violates this Policy.
Yupage.com customers and services:
Yupage.com provide services to individuals and companies who are legally allowed to make contracts. We offer two types of services:
We reserve the right if necessary to decide, change or/and update Free and Premium builder‘s feature for Regular customers and Hosting providers on our own behalf.
Billing, Cancellation and Refund Policy
As a customer of Yupage.com you agree to submit or supply a payment for the rendered services in advance, on the billing date set by Yupage.com. By default these services will be billed on a recurring basis. To cancel billing subscription, you must login to your account on Yupage.com and cancel ordered service priot to billing date. Failed to do so, will be charged for the ordered service.
Cancellations and refunds
Yupage.com allows each visitor to test website builder prior to registration and does not provides any refund for Regular customers and Hosting providers.
Subscribers may cancel the account at any time. Subscribers who wish to cancel the account have to contact Yupage.com by email firstname.lastname@example.org or create a ticket in his panel Helpdesk after login with a cancellation request. Such cancellation request will be revised by Yupage.com staff members and then a final confirmation to cancel the account will be sent. Account cancellation will be processed only when the final confirmation from the subscriber will be sent (initial cancellation request will not be held as a final confirmation under any circumstance for security reasons).
If a confirmation to cancel the account is not sent by the subscriber, then the account cancellation will not be processed and the account will remain active. Any active subscriptions will be left intact.
After the account is canceled, no further billing on the account will be made. All files, settings and any other information related to the subscriber account will be removed from Yupage.com servers.
Yupage.com uses PayPal payment processors. Clients may submit a payment with a valid credit or debit card or by using the balance of his/her PayPal account. Yupage.com accepts payments from Verified and from Unverified PayPal accounts, which generally means that the client may either use the funds on the credit / debit card attached to PayPal (verified papal) or the balance on his PayPal account (Unverified) to submit the payment for the services provided by Yupage.com. Please mind that The funds on client Unverified PayPal account will need to be converted from any other currency to US dollar currency prior to submitting a payment.
Fraudulent Payment Policy
If a payment on a client account is marked as fraudulent (such payments are reversed on the payment gateway), then Yupage.com reserves the full right to stop any service provided to the client (including other accounts and other payments submitted by the same client) until the issues with the payment are solved. If the client refuses to solve issues with the payment which is marked as fraudulent Yupage.com reserves the full right to delete all accounts and stop payment subscriptions provided to the client without any refund for security reasons.
Late Payment Policy
All accounts are billed according to the dates they were first activated on. Premium Accounts for Regular user which are not renewed after the renewal date will be automatically changed to Free account. Premium account for Hosting provider which are not renewed after the renewal date will be automatically disabled. Clients will be allowed to use Premium services as soon as a new payment is received.
Account Access Policy
When a client registers any type of account user (Regular clients and Hosting providers) with Yupage.com, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Yupage.com will assume all of this information is provided correctly and may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment ID's). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on Yupage.com. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment ID's on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.
Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against Yupage.com arising out of this said policy and procedure. Yupage.com will not be held liable for any damage or liability that may have arise out of following policy and procedure.
In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the Yupage.com policy and procedures, then Yupage.com is not obligated to provide access to any of the parties. Also, Yupage.com is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.
Yupage.com will not share any of it's client personal information to any third parties not related to Yupage.com. Some of the client data may be forwarded on the following exceptions:
Yupage.com offers limited amount of resources for specific websites stored within Yupage.com servers (disk drive space, bandwidth, domains per account, and others). This means that Yupage.com will set a specific cap for these resources and client will be able to use these resources based on the service plan they have chosen. Yupage.com reserves atight to change service plan limits and prices for these plan when needed.
Yupage.com does not automatically generate backups for websites created and stored within Yupage.com. Yupage.com allows clients to create backups manually. Backup feature is accessed through each website builder. To protect information that was created with website builder, client must create backups regularly on his own behalf. Yupage.com takes no responsibility for any loss of information that is stored within Yupage.com.
Acceptable Use Policy
All services provided by Yupage.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Internationl, European Union United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The customer/visitor agrees to indemnify and hold harmless Yupage.com and its employees from any claims resulting from the use of the service which may damage or damages the Yupage.com or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if you can create website using Yupage.com website builder. Yupage.com reserves the right to determine what is and what isn't acceptable for our services. Customer/visitor acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, customer/visitor 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 customer/visitor for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality in any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Any kind of abusive content found on websites hosted within Yupage.com server should be reported to email@example.com. Yupage.com will handle any abuse report with the highest priority and interest. Yupage.com will not be held liable for any damage or loss that may have arisen from content uploaded and used on customer‘s website hosted within Yupage.com server. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.
Commercial Advertising and Spam E-mails
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
LIMITATION OF LIABILITY
Yupage.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Yupage.com services going off-line or being unavailable for any reason whatsoever. Furthermore, Yupage.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from Yupage.com servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
Yupage.com intends to provide the best possible website builder tool to each of its clients. Yupage.com shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, Yupage.com cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, Yupage.com will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by Yupage.com. Yupage.com retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.