The use of services from HostJunkies constitutes agreement to these terms.
We will setup your account after we have received payment and we and/or our payment processors have screened the order(s) for fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Our team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of our sales or department with specific details to receive a price quote.
All services provided by HostJunkies may only be used for lawful purposes. The laws of the State of Florida, and the United States of America apply.
The customer agrees to indemnify and hold harmless HostJunkies from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another copyright will be removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@HostJunkies.com with the information required.
Using a shared account as a backup/storage device is not permitted, with the exception of one Directadmin backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared servers include:
HostJunkies services, including all related equipment, networks and network devices are provided only for authorized customer use. HostJunkies systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of HostJunkies system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at support@HostJunkies.com and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography.
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
HostJunkies reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
HostJunkies reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of HostJunkies.
You agree to supply appropriate payment for the services received from HostJunkies, in advance of the time period during which such services are provided. You agree that until and unless you notify HostJunkies of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in the client area under your products requesting cancellation( if you need assistance canceling, please open a support ticket). Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of HostJunkies, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. HostJunkies provides a 7 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 7 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.
Outstanding invoices in excess of thirty (30) days will result in the immediate termination of your account. Deleting with it all data files, databases, etc. This data is non-recoverable, so be sure to pay your invoices on time. An entire month to ensure your bill is paid is more than enough. It is your responsibility to yourself to be sure this is taken care of. We send out multiple notifications as well as a possible phone call to notify you of an outstanding balance.
Invoices that have been paid more than once with multiple PayPal Subscriptions can be refunded via PayPal. If you require assistance with this provision, please contact sales@HostJunkies.com. HostJunkies reserves the right to change the monthly payment amount and any other charges at anytime.
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. HostJunkies is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostJunkies servers.
HostJunkies reserves the right to cancel the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Customers may cancel at any time via our support form. There is also a cancellation option within each product inside of the client area.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
There are no refunds on administrative fees, install fees for custom software, ssl certificates, or domain name purchases. Refund requests for shared accounts after the initial 30 days will be refunded on a prorated basis of any unused time. Only first-time accounts are eligible for a refund. For example, if you have had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy and no refund will be issued whatsoever.
The following rules apply to Resource Usage User may not:
Bandwidth Usage: You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Money back Guarantee: Each of HostJunkies managed shared services carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Uptime Guarantee: If your shared server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of HostJunkies dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@HostJunkies.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared solutions.
Shared accounts may not resell web hosting to other people, if you wish to resell hosting, contact sales@HostJunkies.com
Price Change: The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on HostJunkies, and the right to increase the amount of resources given to plans at any time.
Coupon Codes: Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
Indemnification: Customer agrees that it shall defend, indemnify, save and hold HostJunkies harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney fees asserted against HostJunkies, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless HostJunkies against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with HostJunkies; (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 customers from HostJunkies server.
Arbitration: By using any HostJunkies services, you agree to submit to binding arbitration. If any disputes or claims arise against HostJunkies or its subsidiaries, such disputes will be handled by an arbitrator of HostJunkies choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrators award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Disclaimer: HostJunkies shall not be responsible for any damages your business may suffer. HostJunkies makes no warranties of any kind, expressed or implied for services we provide. HostJunkies disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by HostJunkies and its employees.
Disclosure to Law Enforcement: HostJunkies may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Service Level Agreement (99.9% Uptime SLA): If we are unable to keep our 99.9% uptime promise, feel free to contact us for a service credit. Credit is not to exceed the value of one month with your scheduled hosting fees. Server Availability Credit
Changes to the TOS: HostJunkies reserves the right to revise its policies at any time without notice.
Secure online payments provided by 2Checkout.com, Inc.Payment services provided by 2Checkout.com, Inc. 2Checkout.com, Inc. is the global e-commerce solution for Hostjunkies.com.
What information do we collect?
We collect information from you when you register on our site or
place an order. When ordering or registering on our site, as
appropriate, you may be asked to enter your: name, e-mail address,
mailing address, phone number or credit card information. You may,
however, visit our site anonymously.
Like most websites, we use cookies and/or web beacons to enhance
your experience, gather general visitor information, and track
visits to our website. Please refer to the cookies section below for information
about cookies and how we use them.
What do we use your information for?
Any of the information we collect from you may be used in one of
the following ways:
How do we protect your information?
We implement a variety of security measures to maintain the safety
of your personal information when you place an order or access your
personal information. We offer the use of a secure server. All
supplied sensitive/credit information is transmitted via Secure
Socket Layer (SSL) technology and then encrypted into our Payment
gateway providers database only to be accessible by those
authorized with special access rights to such systems, and are
required to keep the information confidential. After a transaction,
your private information (credit cards, social security numbers,
financials, etc.) will be kept on file for more than 60 days in
order to Facilitate Recurring Billing (i.e. monthly hosting fees,
does not apply to PayPal orders. Also utilizes MD5 encryption
behind a firewall. Encryption key is not held by us, but by our
software vendor who only has access if we aurhorize it. Customer
can request their card be purged from our system at any time.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider
transfers to your computers hard drive through your Web browser (if
you allow) that enables the sites or service providers systems to
recognize your browser and capture and remember certain information
We use cookies to understand and save your preferences for future
visits and compile aggregate data about site traffic and site
interaction so that we can offer better site experiences and tools
in the future. If you prefer, you can choose to have your computer
warn you each time a cookie is being sent, or you can choose to
turn off all cookies via your browser settings. Like most websites,
if you turn your cookies off, some of our services may not function
properly. However, you can still place orders by contacting
customer service.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties
your personally identifiable information. This does not include
trusted third parties who assist us in operating our website,
conducting our business, or servicing you, so long as those parties
agree to keep this information confidential. We may also release
your information when we believe release is appropriate to comply
with the law, enforce our site policies, or protect ours or others
rights, property, or safety. However, non-personally identifiable
visitor information may be provided to other parties for marketing,
advertising, or other uses.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens
Online Privacy Protection Act), we do not collect any information
from anyone under 13 years of age. Our website, products and
services are all directed to people who are at least 13 years old
or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected
through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the
use, disclaimers, and limitations of liability governing the use of
our web services at here.
Your Consent
By using our site and/or services, you consent to our privacy
policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those
changes on this page, and/or update the Privacy Policy modification
date below. Policy changes will apply only to information collected
after the date of the change. This policy was last modified on 07-23-2010
Contacting Us
If there are any questions regarding this privacy policy you may
contact us using the information below. sales@HostJunkies.com
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