Terms of Service
The customer agrees when using, or accessing Jonnyhost's web hosting services that the following terms and conditions of this policy will be met:
Jonnyhost's priority is and always will be its customers. Our aim is to consistently provide our valued customers with the most reliable network combined with exceptional web hosting service. At Jonnyhost we are only happy with 100% Customer satisfaction. We don’t just promise you the world, we guarantee it!
Our terms and conditions are there to protect our customers. Please make sure that you read this entire agreement before ordering any of Jonnyhost products or services. By ordering any of our web hosting packages or services, customers agree to have reviewed the following terms and conditions and agree to be bound by the following terms. Jonnyhost customers must agree to comply with the terms and conditions when the account has been activated. In order to protect the rest of our valued customers, in the event that any customer breaches or fails to comply with any provisions set out in these terms and conditions, in addition to any other remedy available, Jonnyhost retains the right to terminate these sites and customers from our web hosting network. Jonnyhost also reserves the right to change or modify TOS at anytime with or without prior notice.
Our Guarantees
Below we have outlined our web hosting guarantees:
- 30 Day Money Back Guarantee: Jonnyhost proudly offers all of its valued customers a “30 Day Money Back Guarantee”. This guarantee allows our new customers to purchase Jonnyhost web hosting and reseller hosting products with complete peace of mind, knowing that if for any reason our products or services did not exceed your expectations, you can request to receive a full refund of the cost of your selected package within the first 30-days. This refund does not cover the following services:
- Dedicated Servers
- Domain Registrations
- SSL Certificates
- Dedicated IP Addresses
- Or any additional over-usage
- 99.9% Uptime Guarantee: Jonnyhost offers a 99.9% Uptime Guarantee for shared and reseller hosting services. The Service Level Agreement (SLA) is a separate agreement between Jonnyhost and all customers that outlines this guarantee. Please make sure you are in agreement with the following points and conditions, as well as our terms of service (in its entirety) before signing up for or using Jonnyhost's services. Contact our sales department for any clarifications.
Link: Jonnyhost Service Level Agreement
Customer Use of Service
This agreement is active as soon as a customer has submitted the information on the Jonnyhost ordering forms and has been approved by Jonnyhost. Duration depends on the length of plan chosen for the customer. Plan lengths are subject to change at any time. By activating your account you understand that by placing files on Jonnyhost dedicated servers you are openly offering your files to the public and that Jonnyhost has no way of limiting access and do not warrant the protection of your files. It is your sole responsibility to upload your files to your allocated space with discretion. It is recommended that you do not upload any personal files or information that you would not want the public to see. Completing the online ordering form will constitute an electronic signature of this agreement, and is agreed upon by Jonnyhost.
- 1. Disk Space and Client Content: Disk Space is restricted by content and usage. The following content types are not allowed on our shared web hosting or reseller hosting packages including but not limited to audio, video, and software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. File servers of any kind are also prohibited. A violation of this provision will result in immediate suspension of the account to prevent any issues for our other valued customers. Customer is solely responsible for development, operation, maintenance of its website, online store and/or e-commerce activities. Including but without limitation, products and services offered online including the accuracy, appropriateness of the content making sure that it does not violate or infringe upon the rights of any person, is not defamatory or otherwise illegal. Customer shall be solely responsible for accepting processing and filling customer orders and inquiries or complaints and is responsible for the payment of all taxes associated with its website or online store. In addition Customer will be responsible for security and confidentiality of customer information (including credit card details) that they may receive as a result of their website or online store. Customer confirms to Jonnyhost that it owns or has the right to use the customer content and material contained and that this content does not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or any other property right of a third party, or violate any criminal law or result in unfair competition, defamation, constitute false advertising, invasion of privacy, violate a right of publicity or any other law or regulation.
- 2.Bandwidth Usage Policy: Because of the potential for abuse, Jonnyhost has put into place the following policy which governs the use of the bandwidth. Bandwidth is restricted by usage. The following usage types are not allowed on our shared website hosting or cpanel reseller hosting packages including but not limited to audio, video, and software downloading files; audio or video streaming files. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers.
- 3.Excessive CPU/Memory Resource Policy: Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the hosting server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 10% of the CPU power/usage at any given time. Accounts that use above this amount or cause the web server to slow down for any reason will be asked to reduce the amount of load and traffic or upgrade to a dedicated server option. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly Jonnyhost reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. Jonnyhost will remain the sole arbiter as to what constitutes a violation of this policy.
- 4. Resellers Overselling Policy: Overselling is expressly prohibited for all hosting reseller accounts at Jonnyhost. Jonnyhost reserves the right to terminate without a refund any reseller caught overselling our services. Our plans are designed so that a specific number of customers can be hosted per server. Overselling damages the quality of services for all customers.
- 5. Spam and Chat Room Policy: “Spamming” or sending a message to many different off topic newsgroups is unethical and will be treated as a breach of this ethical policy and will not be tolerated. Sending unwanted messages known as Spam to more than 20 people, is considered Spamming by Jonnyhost unless the individuals have specifically requested to be added to the mailing list. Proof must be supplied that recipient has requested to receive this option should a complaint be made. Jonnyhost reserves the right to suspend or terminate an account upon any indication that such activity has taken place without notice and without a refund for breaching our TOS. Should a customers account be suspended a clean up fee of $50 will be added to the account. Chat rooms excluding IRC, are allowed at Jonnyhost, on condition that they do not result in any over usage of resources and abide by our CPU usage conditions.
- 6. False Information: Jonnyhost customers agree not to post any false information to news groups as this will be violating their terms and conditions. Should Jonnyhost be contacted at anytime with regards to any false, unethical or unlawful activities made by you, then Jonnyhost reserves the right to terminate your web hosting service without notice and no refund will be issued due to violating Jonnyhost’s TOS.
- 7. Non Legal Activity: Jonnyhost hosting advises that its services may only be used for lawful purposes. Any actions by any account holder at Jonnyhost that violates state, federal, local or international laws are strictly prohibited and will result in immediate removal of this customers account, including any files stored in the account. The following activities listed, but not limited too are forbidden at Jonnyhost and will result in immediate dismissal of all customer accounts and files; if you host or serve any material that contains threatening, unlawful, abusive, obscene, offensive or material Jonnyhost finds inappropriate, hosting unlicensed software that is available to public, software or files that contain viruses or harm user’s computers, sending unsolicited or prohibited advertisements, or mass emails, attempt to use any account without the current owners authorization or any attempts to “internet scam” will all result in actions being taken against the account holder which may include but are not limited to: warnings, account suspension or termination or legal action. Warez - This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. Any accounts terminated for violating Jonnyhost TOS will not be eligible for any refund.
- 8.Backup Files: Jonnyhost goes out of its way to protect and backup data on weekly basis. This backup of data is a value added service for our customers; Jonnyhost does not guarantee this feature and therefore recommends that customers also back up their data daily. Any backup copy which Jonnyhost would maintain wont include media files. Requests for our administrators to retrieve individual customer’s back-up files can be made, but will be subject to our one time admin fee of $25.00.
- 9. Domain Registration: By ordering a domain name through Jonnyhost, the customer agrees to Jonnyhost's domain name registration agreement found here.
- 10. Additional Service Installation: Jonnyhost offers its customers many scripts for free by offering Fantastico hosting and cPanel hosting. These free scripts are provided on 'as-is' basis. Customer agrees to be fully responsible for any damage resulting from installation and usage of such scripts within their web hosting account. Should a customer request to have any additional scripts or software installed onto Jonnyhost servers that are not included already in the control panel or Fantastico, there will be a technical administrative charge of $25 for this service.
- 11. Background Operations: Jonnyhost may allow programs to run continually in the background. These are called cron jobs and are limited to run every two hours only. Any account violating this term will be suspended until this matter is completely resolved.
- 12. Account Termination: Jonnyhost reserves the right to cancel an account at will at its sole discretion. A customer can terminate its account at any given time and will receive a pro-rata refund based on the time before the service expires. Domain names and SSL certificates are not included in this refund.
- 1.Reseller Payment Obligations: This section does not absolve Jonnyhost or resellers of any provisions set forth previously in our billing policy. It is the customer’s sole responsibility to make sure that invoices are paid on time and the email address on file is a working and an up to date one. Jonnyhost will make a reasonable effort to contact any customer that defaults on their payments on three separate occasions. In order to protect and safeguard the contents of any client accounts of resellers, the following guidelines apply. In the event that a reseller becomes unresponsive to payment requests, the following procedures will be executed. The first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The second day a second payment reminder is sent and the third day the suspension notice. On the fourth day the reseller account will be suspended for non payment. In order to protect the reseller’s customers, all of these customers’ websites will remain active. After this date the reseller has 30 days from the date the payment was due to have their account reconnected, should they pay all outstanding invoices including the $30 reseller reconnection fee. If payment has still not been made by day 30, all the customers of the reseller will be contacted and informed that there has been no contact between Jonnyhost and the reseller for the past 30 days and as a result the resellers account has been suspended due to non payment. These customers will then be given a 30 day trial account at no additional cost to themselves. During these 30 days the customers has the time to decide if they want to move to a different web hosting provider, if this is the case then all files will be available for download or if they would prefer to stay as a Jonnyhost customer at the end of the trial account, they simply have to provide us with the billing details. In the case of emergencies after this policy has been executed, Jonnyhost will make a verified effort to return customers to the reseller. However as this procedure is provided in writing before account activation, and as it is the resellers need to inform Jonnyhost of emergencies especially when related to billing, Jonnyhost cannot accept responsibility or liability for any revenue loss or customer losses associated.
- 2. Non Payment of Shared & Dedicated Hosting: This section does not absolve Jonnyhost or customer of any provisions set forth previously in our billing policy. It is the customer’s sole responsibility to make sure that invoices are paid on time and the email address on file is a working and an up to date one. Jonnyhost will make a reasonable effort to contact any customer that defaults on their payments on three separate occasions. The first day after payment should have been made; you will receive a payment reminder notice that states you must update your credit card and pay your invoice. The second day a second payment reminder is sent and the third day the suspension notice. On the fourth day the customers account(s) or dedicated server (s) will be suspended for non payment. The account will remain suspended for a period of 14 days, during which time the account can be reconnected on condition that all outstanding invoices are paid, including a $15.00 reconnection fee for Web Hosting and a $50 reconnection fee for dedicated servers. On day 15 after payment was due the account will be terminated. Jonnyhost may temporarily, or indefinitely deny service or terminate this agreement upon failure to collect payment from the customer. Such termination with no payment will result in customer being indebted to Jonnyhost and customer will be responsible for any collection fees.
- 3.Non Payment of Shared & Dedicated Hosting: Jonnyhost web hosting accounts and dedicated servers automatically renew unless you give prior notice to our billing department at least 1 day before the renewal date stating that you do not wish for your account to be renewed. If the cancellation request is received within zero days before the renewal date, this cancellation request will be effective on the following billing cycle and charges for the current month will apply.
- 4.Charge Backs: Jonnyhost does not allow charge backs to occur to its merchant accounts and contracts with VISA/ MASTERCARD International, American Express and its Discover Financial services. It is not recommended to initiate a charge back hence customer agreed to TOS (this document) and the terms and conditions as outlined in this document and Jonnyhost will use this document and customers agreement at the time of the order to wholeheartedly fight a charge back and/ dispute. If the customer has supplied a valid reason for a refund, Jonnyhost will gladly apply this refund only if the requirements specified above are met. Any dispute/ charge back attempts will immediately result in suspension of the web hosting account and another charge will be applied the customers credit card under the same order/ authorization number. Any customer, who provides a credit card charge back in response to a bill and/or order placed at Jonnyhost, will be subject to collections and legal action. Charge backs are never an acceptable means of attaining a refund. By ordering an account you are bound by these terms and conditions and must follow and agree to them. The following amounts will be applied for all charge backs: $25.00 Charge back processing fee, $100 penalty for charge back usage. In addition if collections action is required a 22% collections fee will be assessed as well for the total amount.
- 5. There will be no refund for new domain registrations, ID Protect, Dedicated Servers, and SSL Certificates.
Marketing Policy.
- 1.Customer Surveys: Customer surveys may be issued from time to time. Please note that any response to surveys may result in the use of your comments/ questions and answers in promotional materials such as our testimonial web page. By choosing to fill out the survey you consent our use of said material. If you wish to complete a survey but do not wish that your response be posted in public please specify in the comment box provided.
- 2. Press / News Releases: Jonnyhost considers all press or news releases to be forward looking statements: Any statements in this website are not historical facts and are forward-looking statements that involve risks and uncertainties; actual results may differ from the forward looking statements. Jonnyhost undertakes no obligation to publicly release results of any revisions to these forward looking statements that may be made to reflect events or circumstances after the date or to reflect the occurrence of unanticipated events.
- 3.Promotions and Service Upgrades: Jonnyhost reserves the right to change but not limited to the prices, features or promotions for any of our products or services at anytime. These new prices, features or promotions are only valid for new customers that join Jonnyhost during the time that these prices, features or promotions are valid.
- Acceptable Behavior Policy: Abuse towards any Jonnyhost employee will not be tolerated. Customers are expected to request and respond to Jonnyhost’s support team in a professional manner. This includes when contacting our support team via the phone, email, live chat or via our ticket desk. Any form of shouting, swearing or disruptive behavior (whether written, orally or verbally) aimed at Jonnyhost or any of its staff members can be considered a violation of our terms of service. In addition any threat made (even if delivered by a second party) or any conduct that is viewed as violating this section directed towards Jonnyhost, its staff, partners, customers or equipment shall be construed as violation of TOS. Please note that Jonnyhost will remain the only and sole arbitrator as to what is or could be deemed as a violation. As per this contract, no refunds will be given when the contents of this section results in the necessity to remove an account from our network.
- Disclaimer of Warranty: Jonnyhost makes no warranties or representations for the services being offered. Jonnyhost provides hosting services on “as is” and “as available” basis with no warranties for the services provided to the customer.
- Additional Services Warranty: Additional web hosting services include but are not limited to, upgrades, additional disk space or bandwidth, dedicated IP address, SSL Certificates and Promotions. These additional services are not covered under our “30-Day Money Back Guarantee or 30-day money back guarantee” and will therefore be deducted from the prorated refund amount. They are provided on “as is” and “as available” basis. Jonnyhost disclaims any implied warranties from Jonnyhost, its employees or affiliates and therefore can not be held responsible or liable for any possible damages resulting in the use or misuse of any information, content or services provided by Jonnyhost. Including direct or indirect, punitive and incidental resulting from any failure to provide services, suspension or termination of services.
- Limited Liability: Customer agrees that no Jonnyhost member of staff, at anytime shall be held responsible or liable for any but not limited to the following: i) where Jonnyhost services are accessed by any third parties through illegal or illicit means. This includes any situations where data is accessed through exploiting of security gaps, flaws or weaknesses which may exist in the Jonnyhost's services or any of Jonnyhost equipment. ii) for any damages or losses (including those of third parties) that could result from the use of or inability to use Jonnyhost products or services, or that could result from but are not limited to; any omissions, loss of data, interruptions, mistakes, deletion of files, errors viruses, defects, delays in operations or transmissions or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to Jonnyhost records, programs, equipment products or services. iii) for consequential, indirect, incidental, punitive or special damages, any loss of profits or revenue earned, or data lost that is used by the customer or any third party, this stands whether the action is in contract, tort, strict liability or other legal theory. iv) when Jonnyhost has to take corrective action under this agreement, due to a action resulting from a Jonnyhost customer, one of their customers or a reseller customer that as a result may adversely affect all their other customers. Should any the above occur, Jonnyhost’s maximum liability under this agreement from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by the customer for the services that gave rise to such damages, losses and causes of actions during the quarter period (three months) prior to the date that the damage, loss occurred or the cause of action arose. Please note that this limitation of liability reflects an informed and voluntary allocation between parties involved of the potential risks that may exist in connection with this agreement. In addition it is stated that the terms of this section shall also survive any termination of this agreement.
- Right to refuse service: Jonnyhost may refuse to accept any customer or website for participation of Jonnyhost services including web hosting network as determined by Jonnyhost at its sole discretion.
- Indemnification: The customer by agreeing to this TOS, agrees to indemnify Jonnyhost, its employees, agents and representatives harmless from any but not limited to, claims, demands, liabilities, expenses, suits, actions, damages and attorney fees that may arise from any lawsuits or claims for libel, slander, copyright, trademark violation or other claims resulting from (i) customer participation in the Jonnyhost services hosting network (ii) operation of customers website or any URL submitted to Jonnyhost (iii) otherwise arising from customers relationship with Jonnyhost. Customer agrees to indemnify Jonnyhost for any legal fees incurred by Jonnyhost, acting reasonably, in investigating or enforcing its rights under this agreement.
- Force Majeure: Jonnyhost will not be liable for failure or delay in performing its obligations if such a failure or delay is due to circumstances beyond its reasonable control, including without limitation, acts of any governmental body, war, sabotage, fire, flood, strike , interruption or delay in transportation or telecommunications or third party services (including DNS propagation), failure of a third party software or hardware. This includes inability to obtain supplies or power used in or equipment needed to provide Jonnyhost services.
- Privacy Policy: Jonnyhost maintains a strict confidentiality with regards to its valued customer’s information. Our complete privacy policy can be located here.
- Governing law; Jurisdiction: This agreement is governed by the State of Virginia Law and both parties will submit to the personal jurisdiction in the State of Virginia.
- Assignment: Customer does not and will not have the right to assign this agreement without prior written consent of Jonnyhost. This agreement shall be binding upon and inure to the benefit of customer and Jonnyhost and their successors and permitted assigns.
- Entire Agreement; Severability: This agreement along with any other Jonnyhost documents mentioned in this agreement represents the complete agreement made between all parties and therefore will supersede all previous agreements, documents or understandings. If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable or void the remainder of this agreement shall remain in full force and effect. Customer hereby represents that they are entering this agreement for their personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized and in good standing under the laws of the state of its organization and the person acting on behalf of customer is duly authorized, to accept, deliver this agreement on behalf of the customer.
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