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InfoJunky - Terms of Service (TOS)

The use of InfoJunky Internet services constitutes acceptance and agreement to the InfoJunky AUP (Acceptable Use Policy) as well as the InfoJunky TOS (Terms of Service). From herewith in this TOS, AUP, the usage of “us”, “we”, “our”, “ours”, “The Company” shall constitute reference to InfoJunky, the usage of “you”, “your”, “they”, “them”, “subscriber” shall refer to a client / customer of InfoJunky.

Acceptance of Contractual Agreement

  1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by InfoJunky, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.
  2. InfoJunky will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
  3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay InfoJunky any additional fees as specified in the Service Description.

Disclosure to Law Enforcement:

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, InfoJunky shall have the right to terminate any/all service set forth in this Agreement.

Service Rates:

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Pricing Policies

InfoJunky will provide price protection as long as the customer initiates service via an automatic PayPal Subscription. Subscriber's web hosting plan cost will not increase as long as the original subscription remains active. If Subscriber ever cancels the original subscription for any reason, and decides to reactivate it, Subscriber will lock into and pay the current public rate of their hosting plan, which could be lower or higher than your original subscription.

If a plan price ever decreases, you must open a ticket at the helpdesk for assistance.

Those who pay with manual payments such as PayPal Single Payments and Money Orders are subject to all price changes, if and when they occur. Those who prepay quarterly or annually will enjoy the plan rate they prepaid for, and will pay the current rate when they renew.

Reselling Space:

All hosting accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services or email services in part or in whole of their web site to other parties. Reselling web hosting services is defined as allowing a separate, third party to host content on the owner's web site for a fee regardless of profit. Exceptions to this include ad banners, classified ads and personal ads.

For customers who do wish to resell or sublease web space, either under their domain or standalone, InfoJunky offers a very competitive referral or affiliate program.

Payment:

Establishment of this service is contingent upon receipt of payment from Customer to InfoJunky. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payments and Fees:

Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 7 days past due. Accounts that are not collectable by InfoJunky will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty US Dollars ($50.00) nor more than One Hundred Fifty US Dollars ($150.00).

Referral Credit

If a customer is responsible for getting a new customer to sign up, and they mention the current and existing domain at the time of checkout in the Referral Box as the referrer, we'll give that existing customer a month's refund upon the new web site's first monthly renewal. Anyone can participate in the referral program, but only current customers in good standing may receive credit to their account.

Customers will only receive one refund per month, as long as their account is active and in good standing, Customers cannot receive more in refunds than they have paid InfoJunky in hosting fees. Customers will "bank" up to three (3) referral credits at any given time; anything extra will simply be lost. Referral credits are given in the order that they are received, and the new "referred" account must still be a current customer for a credit to be given. Customers are allowed to refer theirselves for a new, separate web site and the lesser amount will be credited upon the first renewal. Only one referral credit allowed per new account signup. Referrals must be provided on the order form, no other mention is valid and will be refused.

InfoJunky banners are available for referrals and linking your web site to us. Please be sure to use our code and serve the banners from our web site, as the banners will be changed as new specials are introduced and as the market changes.

Delinquent Accounts:

InfoJunky may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Account Cancellation:

All requests for canceling any service / services must be made in writing with at least 15 days notice prior to monthly recurring billing date. Server deactivation will occur on the monthly recurring billing date, no exceptions. InfoJunky will not be able to provide access to, or files from your server after that time.

15-day Money Back Guarantee:

Our Money Back Guarantee (MBG) is available to all new accounts for the first 15 days from your setup and activation date. If you are not completely satisfied with our services within the refund time period specified for your plan, you will be given a full refund of the contract amount excluding setup fees and overages.Completed domain registrations are non-refundable in any way. There is a limit of one MBG refund per paypal account.

Any paid setup fees are refundable for the following reasons only: (1) the account order is canceled prior to activation; or (2) the domain name was not available for registration, and no suitable alternative could be found.

Exclusions

This policy does not apply to any additional services such as overages, disk space, pop accounts, sub-accounts, Domain Parking accounts, etc. It does not also apply to reseller accounts, or any fees associated with these accounts.

Accounts cancelled/terminated by InfoJunky for violating our Acceptable Usage Policy or Service Policies do not qualify for the 15-day money back guarantee. For example, if your account is cancelled due to spamming, warez, or other abuse, you will not be given any refund.

How to receive your 15-day Money Back Guarantee refund

To receive a full refund you must let us know why you are not satisfied. InfoJunky strives to provide the best web hosting service, and any information gained is used to improve and provide the highest quality service possible for our present and future customers. To receive a full refund, e-mail our sales department and we will send you a cancellation form. Any cancellation request will be effective upon receipt and your account and all files will be deleted immediately.

Refunds and Disputes:

No refunds will be made for partial months. Prepaid accounts will be refunded in whole month amounts, minus a 15% service charge to cover setup and payment processing expenses.

All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer or payment provider, also known as chargebacks, in InfoJunky’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption.

InfoJunky reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of InfoJunky must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Domain Registration

Completed domain name registration fees are not refundable in any way. If InfoJunky makes a typographic mistake on the DOMAIN NAME ONLY, our liability is limited to only the replacement of the domain with the corrected version if available or a suitable alternative. InfoJunky will take ownership of the incorrect domain once replaced. Incorrect or misspelled Domain names provided by the customer are the customer's liability, and cannot be corrected. Customer may purchase a replacement domain if desired, and will continue to own the original, incorrect domain.

Domain Registrant is responsible for maintaining all domain record and contact information. Courtesy renewal notices are sent 4 weeks and 2 weeks prior to expiration to the email address on the domain's WHOIS file. InfoJunky is not responsible for bounced or misdirected email notices, nor are we responsible for expired domains or expired domain availablility or fees.

Indemnification:

InfoJunky wishes to emphasize that in agreeing to the InfoJunky Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies InfoJunky for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to InfoJunky or the bringing of any claim against InfoJunky by any third-party. This means that if InfoJunky is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against InfoJunky, plus all costs and attorney's fees.

Miscellaneous Provisions:

You must provide us with, and keep current, good contact information for you. E-mail, telephone, and fax contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

InfoJunky takes no responsibility for any material input by others and not posted to the InfoJunky network by InfoJunky representatives. InfoJunky is not responsible for the content of any other website linked to a InfoJunky website; links are provided as Internet navigation tools only. InfoJunky disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

InfoJunky is not responsible for any damages your business may suffer. InfoJunky does not make implied or written warranties for any of our services. InfoJunky denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by InfoJunky.

All InfoJunky policies, whether Terms of Service, Acceptable Usage, or other written policy or offer are subject to change at any time. Renewal of service indicates complete acceptance by the service subscriber.

Responsibility for Content:

You, as InfoJunky’s customer, are solely responsible for the content stored on and served by your InfoJunky server.
InfoJunky may provide you access to other third party software and/or services ("Third Party Products ") through reseller relationships InfoJunky has established with certain commercial vendors, including without limitation, Microsoft Corporation ("Third Party Vendors"). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by InfoJunky and not by the Third Party Vendor. Neither InfoJunky nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from InfoJunky or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither InfoJunky nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and InfoJunky with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Denial of Service:

We reserve the right to refuse service to anyone at any time for any reason.