YEP Hosting Service Terms and Conditions
Revised: 01/06/2003

Following are the standard terms of the YEP website hosting agreement. All clients are bound by these rules, which may be periodically updated online. 

TERMS OF PAYMENT

The hosting packages described above are payable in advance, and will be billed monthly. No refunds will be given. YEP reserves the right to change fees upon 30 days written notice to client.

TERM OF SERVICE AND RENEWAL OF TERM

Service paid by credit card is available on a per-month basis. Charges will be submitted mid-month for the following month. Service paid by check must be a minimum 6-month term.  Invoices will be sent mid-month prior to the expiration of the term. Hosting services will be terminated unless payment is received within 30 days. Renewal of accounts terminated for lack of payment will be subject to the standard set-up charge for the selected service level. 

TERMS

• Hosting services may be immediately terminated by YEP if the client makes an assignment for the benefit of creditors or if petition in bankruptcy or for reorganization under the Bankruptcy Act is filed by or against client, or if the client goes out of business or announces an intention of doing so.

• Hosting services include a  free listing with an active link to your site from the TownLink business directory.

• This contract shall be subject to the rates and conditions which are hereby made a part of this contract. 
• It is agreed that no understanding exists and that no representations or agreements have been made by YEP or its agents except those which are specified in this contract and in said conditions. 
• The provisions of this contract may be updated periodically by YEP. Updated contract provisions are available online at www.yepp.com/hosting_terms.htm and will be binding upon all parties.
• Maintenance services are limited to revisions to existing pages developed by YEP within client’s website. Development of additional pages and/or revisions to pages by third-party developers are subject to a page development fee.

CONDITIONS

All contracts are made subject to the following conditions:

• The person signing the hosting contract represents that he/she has the authority to bind his/her firm to the terms and conditions set forth.
• Properly signed contract must be received by YEP prior to commencement of services. No backdating of contracts will be allowed.
• The failure of YEP to deliver Internet service because of strikes, riots, acts of God, any third party or of the public enemy and any other circumstances beyond the control of YEP shall not be considered a breach of contract, and the Yorktown PennySaver Corporation shall not be liable in damages therefor. The Yorktown PennySaver Corporation's maximum liability for problems of any kind with your service is a prorated credit or refund for the duration of service interruption. YEP makes no express or implied warranties of service in connection with the use of Internet access and/or other services provided under this document and is not liable for any loss of service, loss or damage to data or damage to equipment or software or any other loss, damage or inconvenience resulting from reliance on or use of Internet services.
• Any illegal use of your website, connection or server space will result in immediate termination of service. YEP will fully cooperate with any law enforcement authorities and is not responsible for any monetary or other losses resulting from such termination.
• The following actions may result in immediate termination of service:

• tampering with or intruding upon other sites and services offered through YEP

• theft of service
• encumbering disk space, processors or system resources so as to interfere with others' normal use of service (a "denial of services" attack
• creating or participating in chain letters or pyramid schemes
• harassing other users
• abusing the services of a remote server
• sending unsolicited mass mailings and/or mass mailings to customers without an opt-out provision (including use of unsolicited e-mail originating from within YEP’s network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by YEP, or connected via YEP’s network)
• running daemons, MUDs, or other background processes
• introduction of viruses or worms
• unauthorized uploads of executable files including CGI scripts, DLLs and/or EXEs

• Client must notify YEP prior to anticipated heavy site traffic due to advertising, public relations campaigns and any other source. YEP will not be responsible for server performance problems or site modifications required due to inadequate notification.
• YEP will not be liable for any errors in any websites published hereunder and will correct any errors within 1 business day of notice of error made in writing by client.
• Client assumes all responsibility for collection of applicable taxes on online transactions and for compliance with all local, national and international laws and regulations. Client assumes liability for all statements contained in websites and assumes responsibility for any claims against the Yorktown PennySaver Corporation, its parent and affiliate corporations and subcontractors therefore and by reason of the publication in such website of any name or picture of any individual mentioned or displayed herein and further agrees to save the Yorktown PennySaver Corporation harmless from any claim that might be brought against it and to reimburse the Yorktown PennySaver Corporation its parent and affiliate corporations and subcontractors for any amount paid by it in settlement of any such claim or in satisfaction of a judgment obtained thereon and to pay all other necessary expenses including attorneys fees and collection fees incurred in connection therewith in defense of any such claim.
• YEP will be reimbursed for all amounts and fees associated with charge backs against its merchant account and will be held harmless in all disputes regarding credit card transactions processed against its merchant account or through its equipment.
• Hosting contract are not assignable or transferable by client without the written consent of YEP.