As a provider of Internet access, web site hosting, and other Internet-related services, WhenYouHost Hosting offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. WhenYouHost Hosting respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue; WhenYouHost Hosting reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, WhenYouHost Hosting has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing WhenYouHost Hosting's services. This AUP will be revised from time to time. A customer's use of WhenYouHost Hosting's services after changes to the AUP are posted on WhenYouHost Hosting's web site, www.whenyouhost.com , will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. WhenYouHost Hosting reserves the right to amend, change, or modify Terms of Service without notifying the customers. One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that WhenYouHost Hosting cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because WhenYouHost Hosting cannot monitor or censor the Internet, and will not attempt to do so, WhenYouHost Hosting cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications. When subscribers disseminate information through the Internet, they also must keep in mind that WhenYouHost Hosting does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over WhenYouHost Hosting's network and may reach a large number of people, including both subscribers and non-subscribers of WhenYouHost Hosting, subscribers' postings to the Internet may affect other subscribers and may harm WhenYouHost Hosting's goodwill, business reputation, and operations. For these reasons, subscribers violate WhenYouHost Hosting policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward WhenYouHost Hosting, but also because it can overload WhenYouHost Hosting's network and disrupt service to WhenYouHost Hosting subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, WhenYouHost Hosting has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. Customers engaging in spam, while operating an open SMTP relay will have their accounts terminated and all moneys forfeited.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. WhenYouHost Hosting is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also WhenYouHost Hosting's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using WhenYouHost Hosting's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. WhenYouHost Hosting is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through WhenYouHost Hosting's network.

Defamatory or Abusive Language -- Using WhenYouHost Hosting's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that WhenYouHost Hosting determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations. As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. WhenYouHost Hosting will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with WhenYouHost Hosting policy or applicable law. When WhenYouHost Hosting becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate. Any material posted on WhenYouHost Hosting servers must be legal in the Netherlands. Some material is illegal in some nations, but may be legal in the Netherlands. If a customer chooses to host Adult content on any shared servers, his account will be terminated, and he agrees to be billed a SGD $500.00 clean up fee to his registered credit card.This is the responsibility of the customer to research thoroughly. If WhenYouHost Hosting - Security receives an order to provide information about a customer to a law enforcement authority, we will provide that information. WhenYouHost Hosting will absolutely not be held accountable for information stored on WhenYouHost Hosting servers. Customer is 100% responsible for all data stored under his account / control. Proof positive of a customer's access & knowledge of data stored on said servers includes FTP logs, login logs, and payment/signup confirmations. We record and store IP's used to access our systems, and will forward said information to law enforcement if request follows due process.WhenYouHost Hosting does maintain it's own backups of file, web, and database servers. These backups can be used by WhenYouHost Hosting to restore a failed server or drive array. These backups are not for the customer's usage, and no custom restore requests can be guaranteed to be processed. Customer is responsible for their own backups. WhenYouHost Hosting holds absolutely no liability to any customer for any data stored on WhenYouHost Hosting servers. WhenYouHost Hosting also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching WhenYouHost Hosting's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. WhenYouHost Hosting does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. WhenYouHost Hosting has the right to directly take action against a customer of a subscriber. Also, WhenYouHost Hosting may take action against the WhenYouHost Hosting subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, WhenYouHost Hosting anticipates that subscribers who offer Internet services will cooperate with WhenYouHost Hosting in any corrective or preventive action that WhenYouHost Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of WhenYouHost Hosting policy. WhenYouHost Hosting also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, WhenYouHost Hosting urges its subscribers to assume that all of their on-line communications are insecure. WhenYouHost Hosting cannot take any responsibility for the security of information transmitted over WhenYouHost Hosting's facilities.

WhenYouHost Hosting reserves the right to cancel any account at any time, with no refund, for any reason.

WhenYouHost reserves the right to offer subsequent promotional rates, which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing rights and responsibilities of each party. WhenYouHost also reserves the right to change the rate charged for any such fee under this agreement with 30 days notice.

Each of WhenYouHost's shared hosting packages carries a 7 days money back guarantee. Promotional items are not refundable (including those discounted prices, or extended terms). If you are not completely satisfied with our shared web hosting services within the first 7 days of usage, you will be given a full refund of the monthly fees excluding setup fees (where applicable), add-ons or overages. Setup fee will be retroactively charged if waived or discounted in the original charge. Setup fees are only refundable if the account order is canceled prior to activation. In order to receive a refund you must contact WhenYouHost within the first 7 days following your account activation. No refunds will be given after the 7th day. All refunds will be given through PayPal and is subjected to 10% transaction charge of amount refunded. No refunds will be given for accounts cancelled because of violating WhenYouHost's Terms of Service.

Account cancellations is immediate and executed within 24 hours. WhenYouHost does not recognize scheduled and future date account cancellation requests - you hereby agree that you must request cancellation at the exact time you want to cancel (no later than 5 days before the end of the month). You also agree to not demand/request future cancellation dates and understand that such demand/request will not be recognized by WhenYouHost.

The free credits introduced will only be paid out during the first payout, and the required amount for payout is set to minimum of $100 SGD.

Additional addon domain will cost $4 SGD per month.

Warrantees and Limitations

WhenYouHost makes every reasonable effort to maintain operation of the WhenYouHost service however because as many events and circumstances are beyond the control of WhenYouHost, WhenYouHost does not in any way warrant or otherwise guarantee the availability of the WhenYouHost system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of WhenYouHost.

THE WhenYouHost SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

In general, WhenYouHost has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. WhenYouHost accepts no responsibility for any information, which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. WhenYouHost provides no warrantee for any goods or services, which you obtain over neither the Internet nor the compatibility of any such services with the WhenYouHost system.

You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.

THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO WhenYouHost IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL WhenYouHost BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

Indemnity

You agree to fully defend and indemnify and hold harmless WhenYouHost of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of WhenYouHost in any way related to your use of the WhenYouHost service or any portion thereof.

You agree to fully defend and indemnify and hold harmless WhenYouHost of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the WhenYouHost service or any portion thereof. Choice of counsel remains exclusively that of WhenYouHost

You agree that upon the assignment of your email and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the result of any access to your account via the use of your email. You further agree to defend and indemnify and hold harmless WhenYouHost of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential email and Password information. Choice of counsel remains exclusively that of WhenYouHost.

To report any abuse, please contact us at abuse@whenyouhost.com

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