Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to UNIXy™! YHCompany LLC (herinafter referred interchangeably to as "UNIXy", "Company", "UNIXy™", or "UNIXy.Net"), provides services, resources, and products to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.unixy.net/static/tos.html Please note that other YHCompany LLC services, outside of UNIXy.Net, are governed by a different Terms of Service.

2. DESCRIPTION OF SERVICE

UNIXy.Net currently provides its customers (also known as subscribers) with access to Internet-related services, products, and resources, including personal web page hosting services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new UNIXy.Net resources, shall be subject to the TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or UNIXy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, UNIXy has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). You also understand and agree that the service may include certain communications from UNIXy.Net, such as service announcements and administrative messages, and that these communications are considered part of the membership and you will not be able to opt out of receiving them.

4. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not UNIXy.Net, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. UNIXy does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.

You agree to not use the Service to:

(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate any person or entity, including, but not limited to, a UNIXy official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);

(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;

(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to any regulations having the force of law;

(l) "stalk" or otherwise harass another;

(m) collect or store personal data about other users;

(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;

5. SPECIAL ADMONITIONS FOR INTERNATIONAL

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

6. INDEMNITY

You agree to indemnify and hold YHCompany LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

8. MODIFICATIONS TO SERVICE

UNIXy reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that UNIXy.Net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. TERMINATION

You agree that UNIXy, in its sole discretion, may terminate your password, site, use of the Service or use of any other UNIXy service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if UNIXy believes that you have violated or acted inconsistently with the letter or spirit of the TOS, or if you have overdue invoice(s). UNIXy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that UNIXy may immediately deactivate or delete your subscription and all related information and files in your UNIXy.Net account and/or bar any further access to such files or the Service. Further, you agree that UNIXy shall not be liable to you or any third-party for any termination of your access to the Service.

Upon termination of the Service, we reserve the right to reallocate any and all resources that were allocated to the Service or client including, but not limited, to equipment, storage, accounts, internet addresses, and other resources.

10. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because UNIXy has no control over such sites and resources, you acknowledge and agree that UNIXy is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that UNIXy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

11. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNIXY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

(b) UNIXY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM UNIXY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS

12. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNIXY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF UNIXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

13. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

14. COPYRIGHTS

UNIXy respects the intellectual property rights of others and we ask our users to do the same.

15. GENERAL INFORMATION

The TOS constitute the entire agreement between you and UNIXy and govern your use of the Service, superceding any prior agreements between you and UNIXy (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other UNIXy services, third-party content or third-party software. The TOS and the relationship between you and UNIXy shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and UNIXy agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Harris, Texas. The failure of UNIXy to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.

16. PROHIBITED USE OF NETWORK

We do not allow the following software / services to run on our network:

  • Unlawful material, content, or services.
  • Public proxy (private ACL-based proxies are allowed).
  • IRC bots, nodes, or IRC acitivity.
  • Rapidleech, Bittorrent, or similar software
  • All pornographic material.
  • Unsolicited or unauthorized advertising such as "spam" or "junk mail"

    17. PROHIBITED USE OF NETWORK

    All services and products rendered by The Company are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, late fees, and software subscriptions. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at https://www.unixy.net/secure . Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.

    18. SERVICE AGREEMENT

    The Service Level Agreement (SLA) is applicable to all services directly delivered to UNIXy customers. It does not apply to third parties not contracting UNIXy. The SLA credits are applied in terms depending on the billing cycle. Hardware SLA does NOT apply for Bargain Bin deals. UNIXy guarantees 100% uptime on the power, HVAC services, and network connectivity. The following SLA credit will apply should a disruption occur.

    a. Infrastructure SLA

    100% - Guaranteed
    99.8% - 10%
    99.7% - 20%
    99.6% - 30%
    99.5% - 40%
    99.4% - 50%
    99.3% - 60%
    99.2% - 70%
    99.1% - 80%
    99.0% - 90%
    Less than 99.0% - 100%

    b. Hardware SLA

    5 hours or less - Guaranteed
    5.1 to 8 hours - 10%
    8.1 to 10 hours - 20%
    10.1 - 12 hours - 30%
    12.1 - 13 hours - 40%
    13.1 - 14 hours - 50%
    14.1 - 16 hours - 60%
    16.1 - 18 hours - 70%
    18.1 - 20 hours - 90%
    20.1 - 23 hours - 100%

    19. BACKUPS AND DATA LOSS

    The backup service is provided to you as a courtesy. UNIXY is not responsible for your files and/or data. You agree to take full responsibility for files and/or data stored on UNIXY's servers or network. Backups will not be provided or restored to accounts that are suspended, terminated, or in bad standing. Exception is taken for backup procedures agreed upon in writing by UNIXY.

    19. CANCELLATION OF SERVICE

    Client may terminate or cancel the service via the online client area at https://www.unixy.net/secure/clientarea.php for any or no reason seventy-two (72) hours prior to the end of current service term.