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
- 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.
- 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.
- 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. |
