Web Hosting Agreement

The following terms and conditions govern all use of the Wyohost.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Wyohost (“Wyohost”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Wyohost’s Privacy Policy) and procedures that may be published from time to time on this Site by Wyohost (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by WyoHost, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your Wyohost.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and WyoHost may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Wyohost liability. You must immediately notify Wyohost of any unauthorized uses of your blog, your account or any other breaches of security. Wyohost will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
   • your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
   • your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by WyoHost or otherwise.

   By submitting Content to Wyohost for inclusion on your Website, you grant Wyohost a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, WyoHost will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, WyoHost has the right (though not the obligation) to, in WyoHost’s sole discretion (i) refuse or remove any content that, in WyoHost’s reasonable opinion, violates any WyoHost policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in WyoHost’s sole discretion. WyoHost will have no obligation to provide a refund of any amounts previously paid.

3. Payment and Renewal.
   • General Terms.
     By selecting a product or service, you agree to pay WyoHost the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
   • Automatic Renewal. 
     Unless you notify WyoHost before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to WyoHost in writing.
4. Services.
   • Fees; Payment. By signing up for a Services account you agree to pay WyoHost the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. WyoHost reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to WyoHost.
   • Support. If your service includes access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by WyoHost to respond within one business day) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free WyoHost.com services. All support will be provided in accordance with WyoHost standard services practices, procedures and policies.
5. Responsibility of Website Visitors. WyoHost has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, WyoHost does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. WyoHost disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which WyoHost.com links, and that link to WyoHost.com. WyoHost does not have any control over those non-WyoHost websites and webpages, and is not responsible for their contents or their use. By linking to a non-WyoHost website or webpage, WyoHost does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. WyoHost disclaims any responsibility for any harm resulting from your use of non-WyoHost websites and webpages.
7. Copyright Infringement and DMCA Policy. As WyoHost asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WyoHost.com violates your copyright, you are encouraged to notify WyoHost in accordance with WyoHost’s Digital Millennium Copyright Act (“DMCA”) Policy. WyoHost will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. WyoHost will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of WyoHost or others. In the case of such termination, WyoHost will have no obligation to provide a refund of any amounts previously paid to WyoHost.
8. Intellectual Property. This Agreement does not transfer from WyoHost to you any WyoHost or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with WyoHost. WyoHost, WyoHost.com, the WyoHost.com logo, and all other trademarks, service marks, graphics and logos used in connection with WyoHost.com, or the Website are trademarks or registered trademarks of WyoHost or WyoHost’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any WyoHost or third-party trademarks.
9. Advertisements. WyoHost reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
10. Attribution. WyoHost reserves the right to display attribution links such as ‘Blog at WyoHost.com,’ theme author, and font attribution in your blog footer or toolbar.
11. Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
12. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
13. Changes. WyoHost reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. WyoHost may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 
    
14. Termination. WyoHost may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WyoHost.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by WyoHost if you materially breach this Agreement and fail to cure such breach within thirty (30) days from WyoHost’s notice to you thereof; provided that, WyoHost can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
    
15. Disclaimer of Warranties. The Website is provided “as is”. WyoHost and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither WyoHost nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
16. Limitation of Liability. In no event will WyoHost, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to WyoHost under this agreement during the twelve (12) month period prior to the cause of action. WyoHost shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
17. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the WyoHost Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
18. Indemnification. You agree to indemnify and hold harmless WyoHost, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
19. Miscellaneous. This Agreement constitutes the entire agreement between WyoHost and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of WyoHost, or by the posting by WyoHost of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Wyoming, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Park County, Wyoming. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Park County, Wyoming, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; WyoHost may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Website Maintenance Agreement

Acceptable Use Policy (AUP)

This Acceptable Use Policy (the “Agreement”) sets forth the terms and conditions of Your Use of hosting and related services (“Services”). In this Agreement “You” and “Your” refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. “We”, “us” and “our” refer to Wyohost LLC, Inc., as well as its subsidiaries and sister companies (“Wyohost and WyomingWP”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by Wyohost LLC. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional Wyohost LLC service(s) or products or to cancel Your Wyohost LLC service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. Wyohost LLC’s Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

1. Sharing of Information.

   As a condition of purchasing and using hosting plans, You acknowledge and agree that Wyohost LLC may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following categories: (a) Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletter & marketing communication, and (b) Information Wyohost LLC gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to users’ needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because Wyohost LLC derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our select services free to users. Under no circumstances does Wyohost LLC divulge any information about an individual user to a third party. Further information regarding the nature of information shared by Wyohost LLC can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed via Whois.

2. User Obligations.

   You represent and warrant to Wyohost LLC that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Wyohost LLC shall not be used in connection with any illegal activity.

   You expressly (i) grant to Wyohost LLC a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Wyohost LLC under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

3. Network Interruptions.

   Wyohost LLC will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Wyohost LLC be liable to You for any damages resulting from or related to any failure or delay of Wyohost LLC in providing access to the Internet under this Agreement. In no event shall Wyohost LLC be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Wyohost LLC under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts.

   This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Wyohost LLC account may not be transferred without prior written approval from Wyohost LLC.

5. IP Address.

   Wyohost LLC assigns to You an Internet Protocol (“IP”) address in connection with Your use of the Wyohost LLC services. The right to use that IP address will remain with and belong only to Wyohost LLC, and You will have no right to use that IP address except as allowed by Wyohost LLC in its sole and absolute discretion.

6. Payment Terms:

   • You may receive a refund if: Your shared hosting account is cancelled within the initial 14 days after sign up; (ii) Your Starter, Plus or Corporate Business account is cancelled within the initial 30 days after sign-up. Only first-time Starter, Plus or Corporate Business accounts are eligible for the 30-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee,  related fees; (iii) Your Dedicated Clearance Server or Dedicated New Server account is cancelled within the initial 7 days after sign-up. Only first-time Dedicated Server accounts are eligible for the 7-day money-back guarantee. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Softaculous, etc.) that are not included into the package and are purchased at additional fee,  domain registration related fees.
   • Wyohost LLC may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   • If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 30 days after Your hosting account’s billing date for shared hosting accounts and within 7 days for VPS and dedicated servers Wyohost LLC reserves the right to terminate Your services for non-payment.
   • If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
   • For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous services and or support.
   • Backups of new/changed data are made weekly for shared and reseller servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of their web content and information. A “Backup/Restore” feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of Wyohost LLC, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, Wyohost LLC will attempt to recover the data from the most recent archive for a $15.00.
   • Clearance Server Subscription is to be renewed via automatic renewal option with a designated credit card only. Automatic renewal option must be enabled prior to the renewal date. In the event the auto-renew option is disabled, the Subscription will be cancelled on the renewal date and Your server content will be permanently deleted. In the event the auto-renew option is enabled, but the attempt to automatically renew Your Subscription failed as a result of a decline of Your credit card, the Clearance Server Subscription will be suspended and the email notification will be sent to You accordingly. Wyohost LLC will try to charge Your credit card for an additional 4 days after the billing date, once a day. After five consecutive failed attempts to renew the Clearance Server Subscription, the server will be canceled and Your server content will be permanently deleted. In the event You order any additional services or licences to Your Clearance Server Subscription, Your designated Credit Card will be charged for the prorated amount for the current billing period.

7. Secure Shell (“SSH”) Access.

   You may enable SSH access in Your account, or by contacting our Support team. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.

8. Prohibited Activities.

   By using any Services, provided by Wyohost LLC You agree:

   • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
   • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
   • not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
   • not to make, attempt or allow any unauthorized access to Wyohost LLC website, servers, your own hosting account or the account of any other customers of Wyohost LLC.
   • not to allow any remote code execution of malicious software through the hosting account provided by Wyohost LLC.
   • not to cause denial of service attacks, port scans or other endangering and invasive procedures against Wyohost LLC servers and facilities or the servers and facilities of other network hosts or Internet users.
   • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
   • not to use Wyohost LLC services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
   • not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
   • not to engage in or to instigate actions that cause harm to Wyohost LLC or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Wyohost LLC reserves the right to refuse service to anyone upon Our discretion. Any material that in Wyohost LLC judgment, is either obscene or threatening is strictly prohibited and will be removed from Wyohost LLC servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Wyohost LLC will take corrective action upon our own discretion and will notify You. Wyohost LLC decision in such case is binding and final, and cannot be a subject of a further change. Wyohost LLC cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Wyohost LLC or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Wyohost LLC will not be liable for any loss or damages in such cases.
   • not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

   At its discretion, Wyohost LLC can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

9. Email and Anti-spam Policy.

   You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Wyohost LLC. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Wyohost LLC prohibits the following activities listed without limitation hereunder:

   • Usage of the Wyohost LLC network and systems to receive replies to unsolicited mass e-mail messages.
   • Forgery of e-mail headers (i.e.”spoofing”).
   • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
   • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
   • Hosting web pages advertised via “spam e-mail” sent from another network (“spamvertising”).
   • Hosting any web pages or providing any services that support spam.
   • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
   • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
   • If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

   We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.