Terms of Service

 

By using aYosLink service, Customer hereby agrees to aYosLink Terms of Service (TOS), and Privacy Policy.

Customer further agrees that it has read aYosLink’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, and the Privacy Policy collectively.

In consideration of services to be delivered, Customer agrees to be bound by the following terms and conditions:
General Terms.
Customer agrees to pay, in advance of each monthly and yearly service term, for services to be rendered. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order aYosLink’s service for a certain minimum period of time.

Refund requests for shared and reseller accounts are limited to the initial 30 day period as per our money back guarantee. Customer agrees to a no-refund policy on all dedicated servers, and Shoutcast plans. Setup fees and monthly service fees are non-refundable. Customers agree to pay all taxes applicable to your account.

Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days. aYosLink is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for aYosLink’s services.

By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that aYosLink has your most current e-mail address, and aYosLink shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that aYosLink sends to the most current e-mail address you have provided to aYosLink.

Agreement for Services.
aYosLink will provide, and Customer will purchase and pay for, the services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

Payment.
Establishment and provision of service is contingent upon receipt of payment from Customer to aYosLink. Customer must pay in full for the Services before aYosLink will begins to provide the Services to Customer. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.

Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that aYosLink may apply the amount due at any time to the credit card listed on file. Payment is due on the defined monthly recurring billing date of each month. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. aYosLink reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank as a result of the client’s account being invoiced. Invoices not paid by due date are subject to a late fee of  10% (ten percent) interest of the past due amount.

aYosLink may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which aYosLink may be entitled under this Agreement or under applicable law.

Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the aYosLink Web site through the client dashboard. Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form.

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

Customer understands and agrees that aYosLink does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
Refunds and Disputes.
All payments to aYosLink are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in aYosLink’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

Without waiving any of its other rights under this Agreement, aYosLink offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to aYosLink, within thirty (30) days of the beginning of your service, aYosLink will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.

Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:

Setup fees,
Fees for domain name registrations,
Web site marketing, Web Designing fees
Any add-on services, features, software, and
Any other fees for services involving a third party.

The 30-Day Guarantee is subject to all of the following limitations:

You are entitled to a maximum of one (1) 30-Day Guarantee.

If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances.

You may not transfer or assign the 30-Day Guarantee to any third party.

You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:

Creating multiple accounts, using the same customer name or different customer names;
Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information when you register for your account; or
Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.

If you violate any provision of any of the policies of aYosLink, you will not be eligible for the 30-Day Guarantee.

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of services from aYosLink and does not apply to any changes to your service at any time.
Backups.
In order to allow us to provide the best service to you, aYosLink accounts are backed up weekly as a courtesy. However, these backups are intended for aYosLink’s administrative purposes only, for emergency situations, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, aYosLink always seeks to create complete and accurate backups of customer accounts. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, AYOSLINK DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups. Customers are responsible for maintaining their own backups on their own personal computers or other computers.

aYosLink does not provide any sort of compensation for lost, inaccurate, incomplete, corrupt, non-existant, or outdated data in the event that aYosLink’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of aYosLink or any of its employees or agents. You understand and agree that aYosLink’s backup policy does not create any warranties for whose breach aYosLink can be held liable.

If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a $15 fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.
the Acceptable Use Policy, or

Uptime and Credit
Definitions.
“Network Uptime” is the total time in a calendar month that the aYosLink network is available through the Internet, provided that Customer has established connectivity. aYosLink takes responsibility for network availability within its network, except when such network outages are excluded by this SLA ; however, aYosLink shall not be liable for any upstream problems outside of its network. aYosLink’s guarantee is that its network will be available to Customer free of Network Outages, that render 100% packet loss, 100% of each calendar month

“Network Outage” is any unplanned or unscheduled interruption in availability during which Customer is unable to access the network as described in the section titled “Network Uptime” above.

A “Network Outage” is defined as a period in which 100% packet loss to aYosLink’s network is experienced, which is determined to have been caused by a problem in aYosLink’s Network as confirmed by aYosLink. Downtime and outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

“Scheduled Downtime” is any aYosLink scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible.

aYosLink shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:
– Scheduled downtime, maintenance, or upgrades
– Maintenance by service providers on circuits between aYosLink and the clients’ Web sites;
– Software maintenance or outage
– Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of aYosLink’s control;
– Problems outside of aYosLink’s network (upstream providers, or client’s inbound connection)
– Interruptions or failures of individual service or software on a given server.
– Any outage or interruption caused by Customer, Customers software, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service.
– Customer’s abuse or over-utilization of resources – Outages elsewhere on the Internet that hinder access to your account or services.
– Disconnection and / or reconnection of the services due to non-payment of any charges payable to aYosLink or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, or AUP.
– Circumstances beyond aYosLink’s reasonable control and force major events including but not limited to catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of God, emergency, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce 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;

You and aYosLink agree that only measurements carried out by aYosLink’s personnel shall be used for the calculation of unavailable time and aYosLink’s records shall be conclusive evidence of that unavailable time. No 3rd party reporting sites or tools will be valid for the purpose of determining uptime or credit.

This SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect until after the end of the first month of the applicable services has been provided. The SLA shall apply during the normal initial period during which the Customer is available for aYosLink’s 30-day money-back guarantee.

This SLA does not relieve the Customer from the obligation to pay the Customer’s balance in full when it is due. SLA credits are always applied within two billing cycles after the month in which the downtime eligible for SLA credit occurs.

Contents
All services provided by aYoslink may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless aYoslink from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of Non-Acceptable Contents or Links
Pirated software
Hacking programs or archives
Warez Sites
Porn Site
Illegal MP3 or related audio files
Spamming Software
Proxys (including links to proxy websites)
 

Abuse of Staff or Personnel.
At aYosLink, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.

If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, there will be no refund. Abusive conduct includes, but is not limited to, the following behaviors:

Repeatedly addressing members of our staff in a demeaning or rude manner;
Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
Yelling or shouting at our staff;
Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.

Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
aYosLink reserves the right to discontinue service to any Customer it deems, in its sole discretion, or if any Customer violates any condition of service or agreements. aYosLink reserves the right to refuse or discontinue service to anyone at our sole discretion.
These terms may be modified at any time without notice. We reserve the right to revise, amend, or modify this and our other policies and agreements at any time and in any manner. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. If any terms or conditions are failed to be followed the account in question may be terminated.