JodoHost
TERMS OF SERVICE
This JodoHost Terms Of Service agreement (hereafter referred
to as the "TOS") lays down the terms and conditions
by which JodoHost's Hosting Services (hereafter referred to
as the "Services") will be provided to you upon registration.
The TOS also describes prohibited uses of the Services. This
TOS is not exhaustive and JodoHost reserves the right to modify
it from time to time, effective when notification is posted
at www.jodohost.com. No verbal or written agreement/statement
by any JodoHost employee or at JodoHost's website will take
precedence over the TOS.
On registering for and using the Services, you the Customer
agree to all the terms and conditions of the TOS, as modified
from time to time, in its entirety. If Customer resells the
Services he or she is paying for, the Customer will be responsible
for his or her Clients. JodoHost only recognizes the Customer
who is paying for the Services and not his or her clients. Violation
of the TOS or any such action that JodoHost deems inappropriate
may result in the termination or suspension of the Services
for the Customer.
Payment
The Services purchased by the Customer will be in the form
of a specific Windows, Linux, VPS or Reseller Service Plan.
Each Service Plan outlines the features, resources and storage
that JodoHost will provide to the Customer for the stated Service
Fee. Each Service Plan along with their features, resources,
storage and Service Fee are defined at www.jodohost.com. JodoHost
has the sole right to determine how the features, storage and
resources under each Service Plan are interpreted and how they
will be provided to the Customer. The Customer must clarify
any questions about the Service Plan he or she wishes to purchase
with JodoHost before registration. The Service Plan will be
provided to the Customer in the form of a Service Account, which
would allow the Customer to manage and use the features, resources
and storage stated in the chosen Service Plan. All prices mentioned
in the TOS and at www.jodohost.com are in US Dollars (USD)
While registering for a Service Plan, the customer may choose
a Billing Period (also know as Payment Term) of 1 Month, 3 Months,
6 Months or 1 Year. All Service Accounts are setup on a pre-pay
basis. Upon the start of each Billing Period, the Customer will
be charged the Service fee for the duration of the Billing Period.
There may be additional charges according to our Overage Policy
if any additional resources, features or storage is purchased
or used by the Customer under the chosen Service Plan (which
were not otherwise included for free). The Billing Period will
renew itself automatically on termination unless the Customers
chooses to cancel his or her Service Account (according to the
Cancellation/Refund Policy)
All charges will be debited against the Customer's balance maintained
by JodoHost. If the Customer's debt exceeds $4.00 USD, he or
she is required to clear his or her balance within 7 days by
the chosen Payment Mode (selected during registration). If the customer's
chosen payment method is Credit Card, JodoHost would attempt to charge the credit card number provided by customer (upon or after registration)
automatically. For all other purchases (i.e. purchases made from - 2Checkout.com & PayPal.com as well as by Cheque), customer
must manually pay following payment procedures defined by JodoHost. Failure of customer to pay manually or for JodoHost to charge customer's credit card (due to any reason, in particular in case of an invalid credit card number or credentials)
would lead to Service Account suspension. The Customer's
Service Account would only be resumed when the customer clears
his or her balance and pays for the Service Fee for the duration
of the next Billing Period as well. If the Customer doesn't
pay his or her balance within 14 days after Service Account
suspension, JodoHost reserves the right to terminate the Customer's
Service Account
A fee of $30 USD will be levied for every returned check and
credit card charge back. JodoHost reserves the right to change
pricing of the Services from time to time. JodoHost also reserves
the right to withdraw any feature from a Service Plan, at any
time it wishes to do so.
Overages
If Customer exceeds the feature, storage or resources limits
defined by his or her chosen Service Plan, he or she will be
charged for the extra usage according to the Overage rates outlined
in that Service Plan. Customer may also purchase additional
features, storage and resources by the same overage rates. If
Customer uses/purchases more than 200% of the resources allocated
in the chosen Hosting Plan, JodoHost reserves the right to terminate
the Customer's Service Account with a 5-day prior notification.
All overage rates are prorated. The overage fees charged will
be for the remaining portion of the Customer's current Billing
Period
Refunds/Cancellations
All Service Accounts must be cancelled by filling out
the cancellation form at http://www.jodohost.com/cancelform.asp.
The Customer will be eligible for refund if he or she chose
Credit card, PayPal or 2Checkout as their buying Mode during registration.
Refund will be made for unused months only of the current
Billing period after deducting a Refund Charge of $10.00.
If however the customer's registration date is less than 30
days from the cancellation date, the customer will receive
a full refund.
Refunds will not be made if the Customer's balance is not
current or if the Customer has violated any terms of the TOS.
Liabilities/Obligation on Service Account Termination
Services are provided on an "as is" basis."
JodoHost is not liable to you for any compensation, reimbursement
or damages on account of the loss of prospective profits,
anticipated sales, goodwill or on account of expenditures,
investments, leases or commitments in connection with your
business, or for any other reason whatsoever flowing from
the interruption, termination, suspension or cancellation
of your Service Account.
Customer is liable to pay all charges accrued during Service
Account operation. The customer is in no way relieved from
paying these charges on Service Account interruption, suspension,
termination or cancellation
Material and Product Requirements
You must ensure that all material and data placed on JodoHost's
servers/systems is in a form requiring no additional manipulation
by JodoHost. JodoHost will make no effort to validate any
of this information for content, correctness or usability.
Use of the Services 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 of the Services. You must have the necessary knowledge
for your intended use of the Services. JodoHost will not provide
this knowledge to the Customer
Intellectual Property Rights
You must not use the Services in a manner that would infringe,
violate, dilute or misappropriate any copyright laws, or laws
protecting trademarks, trade secrets or proprietary information.
If you use a domain name in connection with the Services,
you must not use that domain name in violation of any trademark,
service mark, or similar rights of any third party.
Web Site Operation and Security
If you run a Web Site through the Services, you are solely
responsible for it's operation and maintenance and JodoHost
plays no such role in it.
You are also responsible for the security of any client credit
card numbers and related client information you may access
as a result of conducting electronic commerce transactions
through your Web Site. JodoHost will not be responsible for
the security of such information
You also expressly (i) grant to JodoHost a license to cache
the entirety of your Web Site, including content supplied
by third parties, hosted by JodoHost under this Agreement
and (ii) agree that such caching is not an infringement of
any of your intellectual property rights or any third party's
intellectual property rights.
IP Address Ownership
JodoHost shall maintain and control ownership of all IP numbers
and addresses that may be assigned to you by JodoHost. JodoHost
reserves the right to change or remove any and all such IP
numbers and addresses.
General Abuse
Any attempt to cause harm or undermine JodoHost's servers,
computers, network or customers is prohibited. Use of the
Services to carry out any activity that is illegal under US
and International laws is also prohibited.
Prohibited uses of the Services also include, but are not
restricted to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software
cracks, software cracking tutorials and software serial numbers)
that may help any individual to obtain copyrighted software
or music illegally.
10. Hosting or linking to computer software that may be used
for spamming (know as spamware)
11. Providing/Promoting material that is grossly offensive
to Internet Users which includes blatant expressions of bigotry,
racism or hatred
12. Providing/Promoting material about illegal activities
or promoting physical injury or harm against any group or
individual
13. Providing/Promoting material about exploitation of children
under the age of 18
Email Abuse
The following activities are considered as email abuse
and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited
to commercial advertising, informational announcements, charity
requests, petitions for signatures, and political or religious
tracts. Such emails may only be sent in if the receiver explicitly
requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing
email headers
3. Mail Bombing. This includes sending a large number of emails
to disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes
harassment or intimidation through frequency of emails, size
of emails and the language of emails. If the recipient asks
to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial
advertising and posting that may be against the rules of a
Usenet discussion group or mailing list.
Such activities carried out from servers/systems not managed
by JodoHost are ALSO prohibited if they link to websites,
content or material hosted on JodoHost's servers/systems.
Emailing abuse carries a fine of up to $100 USD per email
message sent, depending on the severity of the violation.
Email abuse is also grounds for immediate suspension of your
Service Account and an appropriate legal action.
Server Abuse
Server abuse includes any process or service usage that
affects normal server/system operation, resources or connectivity,
and which causes a server/system to become overloaded. Such
abuse includes, but is not limited to, excessive CPU, hard
disk and memory usage, excessive number of concurrent processes,
excessive number of concurrent port or database connections
and excessive bandwidth usage. Possible causes for server
abuse include, but are not limited to, the excessive use of:
CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP,
SMTP, POP3 and FTP. Upon detection of server abuse, JodoHost
will try to disable the specific script, website or database
that is causing the abuse under your Service Account. If this
is not possible, JodoHost will suspend your entire Service
Account. The specific script, website or database under the
Service Account or the Service account itself will only be
resumed once the Customer has corrected the problem and convinced
JodoHost that the abuse will not occur again. JodoHost will
endeavor to provide prior notification before carrying out
any such action but JodoHost may do so without any such notification,
in its own discretion.
Lawful Purpose
JodoHost reserves the right to refuse service to anyone. Customers
may only use the Services for lawful purpose. Transmission
of any material in violation of US and International laws
is prohibited. This includes, but is not limited to copyrighted
material without explicit permission from the author/owner,
material legally judged to be threatening or obscene, and
material protected by trade secrets. The designation of any
materials as such described above is left entirely to the
discretion of JodoHost. Regardless of the place of signing
this agreement, the client agrees that for purposes of venue
and jurisdiction the TOS was entered into and performed in
New Delhi, India and any dispute will be litigated or arbitrated
in New Delhi, India. Customer further waives all objections
to venue or jurisdiction and acknowledges that venue and jurisdiction
in any such litigation will be held in the courts of New Delhi.
IN NO EVENT SHALL JODOHOST'S MAXIMUM LIABILITY EXCEED UNUSED
PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.
Notifications
All notifications to the customer will be sent by electronic
mail (email). It is the responsibility of the customer to
ensure his or her email address is valid at all times. JodoHost
will not be responsible if Customer fails to receive any email
JodoHost attempted to send
Indemnification
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND
HOLD JODOHOST HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES,
LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S
FEES ASSERTED AGAINST JODOHOST, ITS AGENTS, ITS CUSTOMERS,
OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY
SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR
ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS.
CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS JODOHOST
AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON
OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED
IN CONNECTION WITH JODOHOST SERVICES; (2) ANY MATERIAL SUPPLIED
BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY
RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4)
ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM JODOHOST SERVICES
Disclaimer
JODOHOST WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS
MAY SUFFER. JODOHOST MAKES NO WARRANTIES OF ANY KIND, EXPRESSED
OR IMPLIED FOR SERVICES WE PROVIDE. JODOHOST DISCLAIMS ANY
WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES,
WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED
BY JODOHOST AND ITS EMPLOYEES. JODOHOST RESERVES THE RIGHT
TO REVISE ITS POLICIES AT ANY TIME.
|
