Whereas, INJ LLC dba Hosti, its subsidiaries and affiliates (collectively “the Company” or “Company”) is an information provider connected to the Internet and offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize the Company’s Hosting's server for its own purposes;
Whereas, both parties (Customer and the Company) acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, the Company can make no guarantee that any given reader shall be able to access the Company’s server at any given time.
The Company also represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
[1.1] Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service.
NOTE: Exact contract duration is decided upon at signup.
[1.2] Customer agrees that all charges and fees associated with an account are their sole responsibility.
[1.3] If the customer wishes to cancel web hosting services within fourteen (14) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Acceptable Use violations) and have their money promptly refunded.
[1.4] Services provided by 3rd parties and Company partners are not part of the fourteen-day refund policy and no early ending credit applies. Billing will stop at the end of the term during which the service is canceled.
[1.5] At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. The customer can pre-authorize recurring transfers to the Company from a linked credit card account. If the customer provides an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, the customer agrees that the Company may use other payment methods linked to the customer's bank account (such as new credit card credentials from your card issuer).
[1.5] After the first fourteen days, a non-payment received account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
[1.6] "14-Day Money-Back Guarantee" offer only applicable to credit card payments for hosting services. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable.
[1.7] Violations of the Company’s Terms of Service or Acceptable Use Policy may, at the Company’s discretion, result in immediate and permanent disablement without refund.
[1.8] Disputed charges ("chargebacks") associated with any account, at the Company’s discretion, may result in immediate and potentially permanent disablement of services or the full account without refund.
[1.9] Any refund issued would not include the payment processor's fee(s).
The Company shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from the Customer or Company’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
[3.1] Customer will provide the Company with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of the Company. The Company shall make no effort to validate this information for content, correctness or usability.
[3.2] Use of the Company’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace, by the Customer.
[3.2.1] The following examples are offered:
[220.127.116.11] Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
[18.104.22.168] CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
[3.3] Customer agrees that they have the necessary knowledge to create Customer's Webspace.
[3.4] Customer agrees that it is not the responsibility of the Company to provide this knowledge or Customer Support outside of the defined and contracted service.
[3.5] The Company will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
[3.6] The Company reserves the right to police its network to verify compliance with all agreed upon Terms.
[3.7] Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts or service plans.
[3.8] The Company reserves the right to disconnect any website or server deemed to present a security threat to its customers, servers, or network.
[3.9] The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by the Company is grounds for termination of all services.
[3.10] The Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
[3.10.1] The Company also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
[3.10.2] Use of any information obtained by way of the Company is at the Customer's own risk, and the Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.
[3.10.3] Any mention of connection speeds associated with the Company’s services represents the maximum achievable speed.
[3.10.4] The Company does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors, including the Customer’s own internet connection.
[3.10.5] The Company expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
[3.11] The Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
[3.11.1] In the event that this material is not "Server-ready", the Company may, at its option and at any time, reject this material, including but not limited to after it has been put on Company servers.
[3.11.2] The Company agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs or requirements of the Company.
[3.11.3] If the Customer fails to modify the material, as directed by the Company within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
[3.12] All domain names registered through the Company that are 'parked' or are otherwise not immediately associated with a Company hosting plan will be automatically pointed to a default web page which informs visitors that the registrant has recently registered their domain name via INJ LLC. The Coming Soon page may be modified at any time by the Company without prior notice to you and may include such things as, without limitation, links to additional products and services offered by the Company.
[3.13] Customer will be responsible for any needed backups or content and data redundancy needs.
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content or products being made available through the customer's account.
[5.1] The customer is responsible for, and must provide, all telephone, computer, hardware and software equipment and services necessary to access the Company’s services.
[5.2] The Company makes no representations, warranties or assurances that the Customer's equipment will be compatible.
[6.1] The Company guarantees 99% uptime.
[6.2] The Company calculates downtime from the time network engineers are successfully contacted until services are restored and excludes but is not limited to:
[6.2.1] Server Upgrades
[6.2.2] Server Reboots
[6.2.3] Data Center Maintenance, Outages, or Issues outside of the Company’s control
[6.2.4] Planned Maintenance
[6.2.5] DDoS Attacks
[6.3] A failure to provide 99% uptime will result in customer compensation pursuant to guidelines established herein.
[6.2.1] Customer is entitled to compensation if Customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failures in the Company’s systems for reasons other than previously communicated or for coding or configuration errors on the part of the Customer.
[6.2.2] Customer will receive a 5% credit, equal to the Customer's current monthly hosting cost for every two (2) hours of downtime or service interruption, up to a maximum of the Customer’s monthly hosting fee. NOTE: If Customer is on an annual, pre-paid hosting plan the maximum credit amount is calculated by dividing the price of the annual plan by twelve (12).
The Company is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to:
[7.4] Power Outages or Failures
[7.5] Acts of God or the State's enemies
[7.6] Lawful Acts of Public Authorities
[7.7] Any and all Market Movements, Shifts, or Volatility
[7.8] Computer, Server, or Internet Malfunctions
[7.9] Security Breaches or Cyberattacks
[7.10] Criminal Acts
[7.11] Delays or defaults caused by Common Carriers
[7.12] Acts or Omissions of Third Parties
[7.13] Any other Delays, Defaults, Failures or Interruptions that cannot reasonably be foreseen or provided against.
In the event of force majeure, the Company is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.
The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.
[9.1] Notwithstanding the above, the Company may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment.
[9.2] Any expiration of services, whether due to termination of contract by the Company or Customer, end of term agreements or non-payment, will result in the Customers content and data being removed from the server immediately. Content and data will not be retrievable if the Customer account is reinstated.
[9.3] The Company reserves the right to charge a reinstatement fee.
[10.1] Customer expressly agrees that use of the Company’s Server is at Customer's sole risk.
[10.2] Neither the Company, its employees, affiliates, agents, third party information providers, merchants licensers or the like warrant that the Company’s service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through, unless otherwise expressly stated in this contract.
[10.3] Under no circumstances, including negligence, shall the Company, its offices, agents or anyone else involved in creating, producing or distributing the Company’s service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Company’s service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to the Company’s records, programs or services.
NOTE: Customer hereby acknowledges that this paragraph shall apply to all content on the Company’s service.
[10.4] Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
[11.1] Customer agrees that it shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against the Company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns.
[11.2] Customer agrees to defend, indemnify and hold harmless the Company against Liabilities arising out of:
[11.2.1] any injury to person or property caused by any products sold or otherwise distributed in connection with the Company’s service
[11.2.2] any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
[11.2.3] copyright infringement
[11.2.4] any defective product which the Customer sold on the Company’s servers
[12.1] Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State.
[12.2] Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from the Company under this agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
[12.3] Customer agrees to indemnify, to the fullest extent permitted by law, the Company from and against any fines or penalties that may arise as a result of Customer's breach of this provision.
[12.4] This export control clause shall survive termination or cancellation of this Agreement.
Customer agrees to abide by the terms set forth in this document as well as other Company policies including, but not limited to:
[13.1] Acceptable Use Policy
Customer also agrees to abide by all applicable Terms set forth by all Company partners and subsidiaries.
When possible or needed, the Company will utilize individuals from the Company’s community to provide voluntary Customer Support. For those interested please contact us at: firstname.lastname@example.org for consideration and to review and acknowledge the Voluntary Community Support Agreement.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of the Company.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
If you have any questions about our Policy, you can contact us by emailing us at email@example.com or by writing to us at:
211 N. Andover Rd. #222
Andover, KS 67002