Terms of Service

By registering for, or using Yoiky’s services, you agree to the terms below. If you do not agree to the terms below, please do not use the service.

Best-Effort Service

Yoiky is a service offering Website Hosting for static Html files. Yoiky is run by a small team that does its best to maintain the reliability of the Service. Yoiky cannot in good faith guarantee a service level, uptime guarantee, or any other promise of its level of services.

You alone are responsible for backing up the data you put on Yoiky. In the event of a total server failure or other error causing data loss, your data may not be able to be recovered.

Termination of Service

Yoiky reserves the right to terminate your access to Service at any time. Examples of when your access may be terminated include:

Limitation of Liability

Under no circumstances, including negligence, will Yoiky or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of or inability to use the Yoiky service. This includes, but is not limited to, reliance on any information obtained through the Yoiky service, as well as damages resulting from mistakes, omissions, interruptions, deletion of files or emails, loss of or damage to data, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not caused by acts of God, communication failures, theft, destruction, or unauthorized access to Yoiky service records, programs, or services. You acknowledge that this provision applies whether or not Yoiky is notified of the possibility of such damages, and it covers all content, merchandise, or services available from Yoiky or its affiliates. The terms of this section will survive any termination of this agreement.

Offensive Material

Websites hosted on Yoiky may contain materials that are unedited, inappropriate, or offensive to you. Your access to such materials is at your own risk. Yoiky hereby disclaim any responsibility for or control over such materials.

Acceptable Use Policy

At Yoiky we value our users and wish to provide you with a positive Internet experience. Our goal is to offer you the ability to use and enjoy the site and services in order to enrich your business and recreational life. To assist Yoiky in offering you the best service possible, all users need to follow the same rules and guidelines. These policies are intended to make the service available to all our customers as consistent and efficient as possible. You are obligated to adhere to these policies. These policies are used in conjunction with the terms of service agreement. Violating any of these policies grants Yoiky the authority to take appropriate action to restrict or terminate your access.

As an account holder or user of Yoiky you bear full responsibility for communications and/or content provided via your Yoiky account and use of the particular service.

Violations of Yoiky’ Acceptable Use Policy

The following constitute violations of this AUP and you agree to refrain from such activities:

Search Engine Optimization (SEO)

Client shall not upload web sites intended for use solely for Search Engine Optimization, or any other similar uses commonly known as “SEO”, including but not limited to aggregators of deep links and back links.

SPAM

Client shall not transmit unauthorized or unsolicited advertising, junk or bulk e-mail, solicitations, promotional materials, any form of lottery and gambling materials, or any other similar materials commonly known as “SPAM”.

Illegal or Potentially Illegal Use.

Using Yoiky to transmit or make available any material (by e-mail, uploading, posting, or otherwise) or activity that, intentionally or unintentionally, violates any applicable local, state, national, or international law, or any rules or regulations promulgated there under or gives the indication that such violation may be occurring. By way of example, and not limitation, such activity would include the distribution of material potentially deemed illegal under current statutes.

Harm to Minors.

Using Yoiky to harm, or attempt to harm, endanger, harass, or otherwise threaten minors in any way. This includes but is not limited to the collection of information from children in violation of the 1998 Children’s Online Privacy Protection Act.

Threats.

Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment.

Using the Services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another either by the frequency of the activity or by the content.

Fraudulent activity.

Using the Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.” Content that consists of make-money-fast schemes, pyramid or chain letters, unsolicited commercial information and/or information offensive to the recipient is prohibited.

Forgery or impersonation.

Adding, removing, or modifying information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged information or other identifying information is prohibited. The use of anonymous nicknames does not constitute impersonation.

Unauthorized access.

Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Yoiky’ or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

Using Yoiky to transmit any material (by uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software, unless the use of the material is deemed fair use.

Collection of personal data.

Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Blacklisting of IP Address space or Yoiky domains.

Any action which causes any portion of Yoiky’ IP Address space or domains to be added to an Internet Blacklist of any kind. It is the customers responsibility to refrain from any action which causes Yoiky’ IP Address space or domains to be blacklisted in any way.

Network disruptions and unfriendly activity.

Using the Services for any activity that adversely affects the ability of other people or systems to use Yoiky. This includes “denial of service” (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, network services, websites or network equipment is prohibited. A User may not, through action or inaction, allow others to use their account for access for illegal or inappropriate actions. A User may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner.

Auto-generating sites from pre-fabricated templates for other people.

Using the Yoiky API to generate a Yoiky site for other people from a different web service is prohibited without our consent, unless that generating service is being completely operated by the owner of the web site on Yoiky. This does not apply to any services providing HTML editing capabilities that use Yoiky to save web sites edited by the user. This policy is in place due to third party services using Yoiky to create SEO spam for their services. We can make exceptions to this, please contact us if you believe you have a legitimate use case.

ENFORCEMENT

Yoiky’ reserves the right to suspend, block or cancel access to any and all Services when, in our judgment and sole discretion, an account may have violated this AUP. Yoiky, by way of example and not limitation, may take any one or more of the following actions in response to complaints of conduct that amounts to a violation of this AUP:

Yoiky (“Company”) has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

Procedure for Reporting Copyright Infringement:

If you believe that material or content residing on or accessible through Company’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

Fair Use

Yoiky believes in fair use, and that it is not in the best interests of organizations to censor their fans or critics using copyright law. As such, Yoiky reserves the right to conduct a review to determine if the content in question falls under Fair Use before making the decision to remove content. Fair Use is defined under the Copyright Law of the United States, under Section 107:

NOTICE OF PUBLIC RECORD

YOIKY RESERVES THE RIGHT TO PUBLICLY DISCLOSE AND ANNOUNCE THE RECEPTION OF THE NOTICE OF COPYRIGHT INFRINGEMENT, AND THAT WILL INCLUDE ANY INFORMATION RECEIVED BY YOIKY REGARDING THE NOTICE, INCLUDING BUT NOT LIMITED TO THE ENTIRE COPY OF THE NOTICE.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at admin@yoiky.com