Introduction
All customers (referred to as ‘you’ or ‘your’) of YogoPoppy (referred to as ‘we’ or ‘us’ or ‘our’) services, agree to comply with our Acceptable Use Policy to ensure every customer uses our services fairly and with due regard to the rights of other internet users and in conformity with network requirements and our environment. This Acceptable Use Policy is not exhaustive and we reserve the right to add, delete, or change this policy at any time without notice, effective upon posting to our website. This policy supersedes any other agreement with us, whether written, oral, by conduct, or otherwise.
Any complaints about a violation of this policy should be sent to: contact@yogopoppy.co.uk.
Disclaimer
Our services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. We expressly disclaims any representation or warranty that our service will be error-free, secure or uninterrupted. No oral advice or written information given by us or our representatives will create a warranty; nor may you rely on any such information or advice. Neither us, our partners or our suppliers are liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Ownership of Web site
The legal owner of your web site and account with us will be the individual or organisation on record as the owner. You will fully cooperate with us and abide by any security measures and procedures we put in place due to any dispute over ownership of a web site.
Our Services
Our services include, but are not limited to:
Any act of preparing, setting up, connecting, maintaining, terminating or recreating any aspect of your account
Service provision, by us to you, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not
Provision of space, internet connectivity and electrical power
Any access or use related to the our web site and control panels
Bespoke services provided at the request of you
Any other service mentioned in this policy
Privacy
We take the privacy of online communications and web sites very seriously. 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, we urge you to assume that all of online communications are insecure. We cannot take any responsibility for the security of information transmitted through our network and services.
Actions Taken by Us
Failing to meet or follow this policy could be grounds for account deactivation. We will be the sole arbiter as to what constitutes a violation of this policy. We reserve the right to remove any account without prior notice and to refuse service to anyone at any time.
When we become aware of an alleged violation, we will initiate an investigation. During the investigation, we may restrict account access in order to prevent further activity. Depending on the severity of the violation we may, at our sole discretion, restrict, suspend, or terminate a web hosting account and/or pursue other civil remedies. If such violation is a criminal offence, we will notify the appropriate law enforcement authorities. An unlisted activity may also be a violation of this policy if it is illegal, irresponsible, or constitutes disruptive use of the Internet. We do not issue credits for outages incurred through service disablement resulting from violations of this policy. Violators of the policy are responsible, without limitations, for the cost of labour to rectify any damage done to the operation of the network and business operations supported by the network, and to maintain an open dialogue with us.
Indemnification
As a customer, you agree to protect, defend, hold harmless, and indemnify us, any third party entity related to us (including without limitation, third party vendors), and our executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as us, from and against any and all liabilities, losses, costs, judgements, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting from use of our services.
Modifications to Services
We may discontinue, upgrade, replace, modify, or change, without limitation, any software, application, program, data, hardware, equipment, or components used to provide customers with our services. Certain changes to our services may affect the operation of your personalised applications and content. You are solely responsible, and we are not liable, for any and all such personalised applications and content, except as expressly agreed in writing by us.
Waiver and Amendment
Any waiver, modification, or amendment of any provision of the policy or other agreement for our services, initiated by you, will be effective only if accepted in writing and signed by an authorised representative of YogoPoppy.
Child Pornography
The use of any of our services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. We are required by law and will immediately, notify law enforcement agencies when we become aware of the presence of child pornography on or being transmitted through our services.
Adult Content
Some types of adult content is allowed. For example, we would allow nudity or an adult shopping site. However, pornographic images, pornographic videos and pornographic websites are not allowed to be hosted on any of our services.
Illegal Use
Our servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is strictly prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorisation; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing our services, you certify that you and/or the organisation you represent in procuring services from us are not, nor have been designated, a suspected terrorist; is not owned or controlled by a ‘suspected terrorist’; and are not on, are not a member of, related to, associated with, or controlled by any organisations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
We also do not permit any service that can be used to facilitate illegal use or activity, such as torrent, Warez or other file sharing services.
System and Network Abuse, Viruses and Destructive Activities
Violations of system or network security are prohibited and may result in criminal and civil liability.
Use of our services or equipment for creating or sending viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use our services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Examples of system or network security violations include, without limitation the following: unauthorised access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorisation of the owner of the system or network; interference with service to any user, host or network including, without limitation, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting
If your web site is found to be the cause of a problem that brings all, or part of our network down, you may be charged a fine between £100 – £500 and may be reported to Law Enforcement Officers if it is found or deemed to be of malicious intent.
Intellectual Property
You will not, without our express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on our web site, and customers will not use any of our trademarks, service marks, copyrighted materials, or other intellectual property without our express written consent. Customers will not, in any way, misrepresent their relationship with us or attempt to pass themselves off as YogoPoppy.
Governing Law and Sever-ability
This policy and any other agreement for YogoPoppy services, will be governed by and construed in accordance with the laws of the United Kingdom without reference to its conflicts of laws principles. Any litigation or arbitration between you and us will take place in the United Kingdom, and you will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of this policy or other agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of this policy or the agreement will continue in full force and effect.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will we (including without limitation, our executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co-subsidiaries with the same parent company as us, affiliates, third-party providers, merchants, licensor’s, or the like) or anyone else involved in creating, producing or distributing our services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expense increase, cost of substitute products and/or our services, and any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any of our services even if we have been advised of the possibility of such damages, our total cumulative liability, if any, to customer, or any third party, for any and all damages related to this polity or our services, including, without limitation, those from any negligence, and act or omission by us or our representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual pound amount paid by the customer or the services which gave rise to such damages, losses and causes of actions during the 3 month period prior to the date the damage or loss occurred or the cause of action arose.
Independent Contractors
Nothing in this policy will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between us and you. Each individual relationship will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Assignment
Customers may not assign or delegate their rights or obligations under this policy or other agreement for our services, either in whole or in part, without the prior written consent of YogoPoppy.
Termination for Bankruptcy or Insolvency
If you become insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, we may immediately terminate provision of our services to you without prior notice or penalty. Such customer consent to the grant of relief from any automatic stay of proceedings against us in such event.
Free Domain Names
If your hosting plan came with a free domain name, then the domain names are fully registered to you the same way as it would be if the domain name was purchased by you. The domain name can not be transferred away from us for the first 6 months. Free domain names extensions are restricted to .com, .net, .org, .biz, .info, .co.uk, .org.uk and .me.uk only.
.UK domain name registration
By accepting our terms & conditions you are also accepting the terms & conditions specified by Nominet which can be found at http://www.nominet.uk/go/terms .
Customer Billing Policy
The following constitutes our Billing Policy and applies to all YogoPoppy customers.
Payments
All charges are shown in GBP, USD or EUR. We accept Credit Card (VISA, MasterCard, Switch, Solo, Electron, Maestro, Delta) and PayPal payments.
All payments are due on the Account Statement Date, which is defined by your chosen billing cycle and is usually the anniversary of the date to account was activated.
If you provide us with your credit card information, you authorise us to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit/debug card until such time that you cancel your account or change your payment method.
You are responsible for directly updating, or notifying us, of any changes to your credit/debit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit/debit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are seven (7) days past due will be automatically suspended.
All past due and unpaid balances may be subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees, invoices will be passed to a debt collection agency once they are 30 days overdue.
Account credit will expire if not used within 12 months of being added.
Late Fee
If an account is not paid by its due date. A late fee of 5% is automatically added to the invoice.
Billing Cycles (Terms)
The Billing Cycle begins on the Service Activation Date. You may elect to change your Billing Cycle at any time. The new Billing Cycle will only take effect at the time of the next renewal. Additional items are non-refundable.
Account Renewals
In order to ensure uninterrupted service to your website, all services will automatically renew at the end of their Billing Cycle. Renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Services are renewed for the same billing cycle as originally purchased. If you wish to cancel a service before it’s renewal, please refer to the Cancellations section below.
Money Back Guarantee
Our fourteen (14) day money back guarantee is from your initial sign-up date on our Website Hosting and Reseller Hosting services. All other products such as Cloud Server VPS, Dedicated Servers, SSL Certificates and Domain names are excluded and do not have a money back guarantee.
All refunds are pro-rata. If a free domain name was included with your hosting service, then £10 will be kept back from the refund to cover the costs.
Cancellations
All Services will automatically renew until a they are cancelled. In order to cancel a service, you must contact our Support Desk Team and our customer service representatives will assist you with the cancellation process. Cancellations must be submitted at least 7 days before invoice due date, cancellations after this period will still be required to pay the invoice that is due.
Refunds
Refunds are given if your product has a 14 day money back guarantee and you have given notice at least 48 hours prior to the end of the money back period. Renewals can not be refunded, you must cancel your account to void your invoice at least 7 days before your renewal date.
PayPal subscriptions
It is the clients responsibility to cancel any PayPal subscriptions if you no longer wish to make subscription payments to us. Over payments or duplicate payments will not be refunded however they will automatically add as credit to your account to use on all future invoices so the payment is not lost.
Statements
We do not post paper invoices or statements. Invoices are automatically emailed to your account email address and can be viewed along with any statements using our online portal system.
Hosting Plan Changes
There is no penalty fee for upgrading or downgrading to a different plan, however, you will be charged any difference between the set-up fee and package price applicable to your new and former plans.
Billing/Price Changes
Our policies and prices are subject to change with full notice. Any price changes become effective in the next billing cycle, we will notify you via email of this price change prior to the cost being edited.
Credit Card Disputes/Charge backs
We have a zero tolerance policy for charge backs. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at our discretion. A £25.00 charge back fee will be assessed for each credit card charge back received by us.
Terms and Conditions
