YELLOW DANDELIONS
TERMS OF SERVICE (TOS)

 

This TOS governs the use of Yellow Dandelion’s web hosting service.  Violation of this TOS may result in suspension or termination of your service.  In the event of a dispute between you and Yellow Dandelions regarding the interpretation of this TOS, Yellow Dandelion’s interpretation, in its reasonable commercial judgment, shall govern.  If you have any questions regarding this TOS, contact info@yellowdandelions.com.

 

 Offensive Content

 

You may not publish or transmit via Yellow Dandelion’s service any content that Yellow Dandelions reasonably believes:

  

  • constitutes child pornography;

 

  •  constitutes pornography;

 

  • is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;

 

  • is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; 

 

  • is defamatory or violates a person’s privacy;

 

  • creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security,  or interferes with a investigation by law enforcement;

 

  • improperly exposes trade secrets or other confidential or proprietary information of another person;

 

  • is intended to assist others in defeating technical copyright protections;

 

  • clearly infringes on another person’s trade or service mark, patent, or other property right;

 

  • promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;

 

  • is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Yellow Dandelions; or

 

  • is otherwise malicious, fraudulent, or may result in retaliation against Yellow Dandelions by offended viewers.

 

Content “published or transmitted” via Yellow Dandelion’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Yellow Dandelions. 

 

Security

 

You must take reasonable security precautions.  You must protect the confidentiality of your password, and you should change your password periodically.

 

Bulk Commercial E-Mail

 

You must obtain Yellow Dandelion’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Yellow Dandelion’s reasonable satisfaction:

 

  • Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;

 

  • Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;

 

  • You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Yellow Dandelion’s requests to produce consent evidence within 72 hours of receipt of the request.

 

  • The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@yourdomain.com.

 

  • You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line.  Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;

 

  • You must post an abuse@yourdoman.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;

 

  • You must have a Privacy Policy posted for each domain associated with the mailing;

 

  • You have the means to track anonymous complaints;

 

  • You may not obscure the source of your e-mail in any manner.  Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and

 

  • You otherwise comply with the CAN SPAM Act and other applicable law.

 

These policies apply to messages sent using your Yellow Dandelions service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Yellow Dandelions service.  In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.

 

Yellow Dandelions may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.

 

Unsolicited E-Mail

 

You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.

 

You must comply with the rules of any other network you access or participate in using your Yellow Dandelion’s services.

 

 Material Protected by Copyright

 

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

 

  • you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;

 

  • you are otherwise permitted by established United States copyright law to copy the work in that manner.

 

Yellow Dandelions will terminate the service of repeat copyright infringers.

 

Copyright Infringement Notice (Digital Millennium Copyright Act)

 

If you believe your copyright is being infringed by a person using the Yellow Dandelions network, please send your written notice of copyright infringement to:

 

U.S. Copyright Office
 101 Independence Ave. S.E.
Washington, D.C. 20559-6000

 

Your notice must include the following:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;

 

  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Yellow Dandelions to locate the material;

 

  • Information reasonably sufficient to permit Yellow Dandelions to contact you, such as an address, telephone number, and, if available, an e-mail address;

 

  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;

 

  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Other

 

You must have valid and current information on file with your domain name registrar for any domain hosted on the Yellow Dandelions network.

 

Disclaimer

 

Yellow Dandelions is under no duty, and does not by this TOS undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Yellow Dandelions network.

 

 

Inquiries regarding this policy should be directed to info@yellowdandelions.com.

  

Internet Abuse

 

You may not engage in illegal, abusive, or irresponsible behavior, including:

 

  • Unauthorized 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 (including those belonging to Yellow Dandelions and its customers) without express authorization of the owner of the system or network;

 

  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;

 

  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;

 

  • Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;

 

  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or

 

  • Any conduct that is likely to result in retaliation against the Yellow Dandelion’s network.

 

  • Use of Yellow Dandelion’s network in a way that unreasonably interferes with Yellow Dandelion’s other customers use of the network

 

 Newsgroup, Chat Forums, Other Networks

 

You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings.  These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums.

 

Suspension/Termination. 

 

(a)     Suspension of Service.  Customer agrees that Yellow Dandelions may suspend services to Customer without notice and without liability if: (i) Yellow Dandelions reasonably believes that the services are being used in violation of the TOS;  (ii)  Customer fails to cooperate with any reasonable investigation of any suspected violation of the TOS; (iii) Yellow Dandelions reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.  Customer shall pay Yellow Dandelion’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. 

 

(b)     Termination.  The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Yellow Dandelions fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.  The Agreement may be terminated by Yellow Dandelions prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:  (i)  upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement;  (ii)  Customer materially violates any other provision of the Agreement, including the TOS, and fails to cure the violation within thirty (30) days of a written notice from Yellow Dandelions describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the TOS more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement.  Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

 

Refund

A full refund will be granted to any customer who chooses to cancel within thirty (30) days of Service Commencement Date.  Domain registration fees will be deducted from the refund.  After thirty (30) days, absolutely no refunds for cancellation will be granted except as described above in the Suspension/Termination sections.