Web Hosting Terms
This Web Hosting Terms of Service (the "Hosting Terms") is made between HostJane, Inc., a domestic U.S. corporation formed under the laws of the State of Wyoming (HostJane) and You (the “User”) an individual or legal entity who purchases a subscription to HostJane's Service during the set up process (the "Order") incorporating these Hosting Terms by reference. These Hosting Terms govern User’s operation of HostJane's Service and server products.
1. HostJane as Reseller or Licensor
1.1 HostJane may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-HostJane Products"). HostJane shall not be responsible for any changes in the Services that cause any Non-HostJane Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services.
1.2 Any malfunction or manufacturer's defects of Non-HostJane Products, either sold, licensed or provided by HostJane to You will not be deemed a breach of HostJane's obligations under this Agreement. Any rights or remedies You may have regarding the ownership, licensing, performance or compliance of any Non-HostJane Products are limited to those rights extended to You by the manufacturer of such Non-HostJane Product.
1.3 You are entitled to use any Non-HostJane Product supplied by HostJane only in connection with Your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-HostJane Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-HostJane Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
1.4 HostJane does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at Your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. HostJane is not an agent, representative, trustee or fiduciary of You or the third party provider in any transaction.
1.5 Non-HostJane Products may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider.
2. Third-Party Websites
2.1 The Services may contain links to other websites that are not owned or controlled by HostJane ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content").
2.2 We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Us. If You decide to access Third Party Sites or to access or use any Third Party Content, You do so at Your own risk and You should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which You navigate.
3. Account Security
3.1 It is Your responsibility to ensure that scripts/programs installed under Your account are secure and permissions of directories are set properly, regardless of the 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.
3.2 You are required to 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 or update Your password before suspending Your account.
3.3 The Services, including all related equipment, networks and network devices are provided only for authorized customer use. HostJane may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, 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.
3.4 By using the Services, You consent to monitoring for the following purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of Your direct control requires the express written consent of the third party. HostJane may, at our discretion, request documentation to prove that Your access to a third party network or system is authorized.
- Any account which causes Us to receive an abuse report may be terminated and/or have access to Services suspended. If You do not remove malicious content from Your account after being notified by HostJane of an issue, we reserve the right to leave access to Services disabled.
- HostJane reserves the right to migrate Your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
4. HIPAA Disclaimer
4.1 HostJane is not "HIPAA compliant": You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. HostJane does not control or monitor the information or data You store on, or transmit through, the Services.
4.2 HostJane specifically disclaims any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and You agree that HostJane is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If You have questions about the security of Your data, You should contact HostJane at the bottom of this page.
5. Compatibility; Backups
5.1 You agree to cooperate fully with HostJane in connection with HostJane's provision of the Services. It is solely Your responsibility to provide any equipment or software that may be necessary for Your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon Your performance of Your obligations, HostJane is not responsible for any delays due to Your failure to timely perform Your obligations.
5.2 You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by HostJane to provide the Services, which may be changed by HostJane from time to time in our sole discretion.
5.3 You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Backups are provided free as a courtesy but HostJane does not legally warrant that we back-up any User Content, and You agree to accept the risk of loss of any and all User Content.
6. Billing; Payments
6.1 Prepayment: It is Your responsibility to ensure that Your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in Your billing account.
6.2 Autorenewal: Unless otherwise provided, You agree that until and unless You notify HostJane of Your desire to cancel the Services, You will be billed on an automatically recurring basis to prevent any disruption to Your Services, using Your credit card or other billing information on file with Us.
6.3 Applicable Taxes: Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to HostJane's invoice as a separate charge to be paid by You. All fees are non-refundable when paid unless otherwise stated.
6.4 No Service without Payment: All invoices must be paid in full before any Services are rendered. If a renewal invoice is not paid before the start of the next billing cycle, continuation of the Service is suspended or terminated until payment resumes. Where Services have been suspended, Servers will be destroyed and all stored data including backups permanently deleted without retrieval.
6.5 Zero-Tolerance on Fraud: It is a violation of this Agreement for You to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. HostJane may report any such misuse or fraudulent use, as determined in HostJane's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
6.6 Invoice Disputes: You have ninety (90) days to dispute any charge or payment processed by HostJane. If You have any questions concerning a charge on Your account, please contact Us at the bottom of this page.
6.7 Payment Card Industry Security Standard Disclaimer: HostJane complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, You are solely responsible for the security of the data and billing information on Your User Website. HostJane does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
7. Refunds; Cancellations; User-Initiated Termination
7.1 Non-refundable Products and Services: Due to the nature of our Server business: Unless separately negotiated by You and Us, and confirmed by separate written agreement, the administrative, initial, recurring Fees for the Servers selected by You are non-refundable. All set-up fees and special programming fees are non-refundable.
7.2 Cancellation Process: You may destroy Your Server at any time through the Stripe billing portal at: https://billing.stripe.com/p/login/3cs9AL9Aocs5dz2dQQ. We encourage users to use the two-factor authentication security available in the Hosting Console and cannot be held responsible for unforeseen data breaches.
7.3 Termination: To terminate Your account, please contact HostJane at the bottom of this page to request termination of Your account. User will be required to provide Your HostJane PIN that You set-up during Your initial order (found in the Hosting Console, in addition to other ID and account verifications to enable Us to verify the cancellation is bone fide. Cancellations must be in writing and are effective immediately.
8. Foreign Currencies
All Services are provided in US dollars. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostJane is not responsible for any change in exchange rates between the time of payment and the time of refund.
9. HostJane-Initiated Termination
9.1 HostJane may terminate Your access to the Services, in whole or in part, without notice in the event that:
- User fails to pay any subscription fees due and the next billing cycle has commenced;
- User violates this Hosting Terms, our General Terms or Acceptable Use Policy;
- User’s conduct may harm HostJane or others or cause HostJane or others to incur liability, as determined by HostJane in our sole discretion, or;
- As otherwise specified in this Terms.
9.2 In such event, HostJane shall not refund to You any fees paid in advance of such termination, and You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, HostJane may charge You for all fees due for the Services for the remaining portion of the then current term.
9.3 UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
10. Permitted CPU, Bandwidth and Disk Usage
Server usage is limited by the resources allocated to the specific plan that You have purchased.
11. Reseller Terms and Client Responsibility
11.1 Resellers shall ensure that each of their clients complies with this Agreement.
11.2 Resellers are responsible for supporting their clients. HostJane does not provide support to clients of HostJane's resellers. If a reseller's client contacts HostJane, HostJane reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
11.3 Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. HostJane will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
11.4 HostJane is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify HostJane from and against any and all claims made by any User arising from the reseller's acts or omissions.
11.5 HostJane reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by HostJane.
11.6 Resellers in the HostJane Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
12. Security Audits
12.1 HostJane reserves the right to reset the password on a server if the password on file is not current so that we may do security audits as required by our datacenter. It is Your responsibility to ensure that there is a valid email address and current root password on file for Your server to prevent downtime from forced password resets.
12.2 HostJane reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Any free backups offered are provided as a courtesy and not guaranteed. It is Your responsibility to maintain backups.
13. Price Changes
HostJane reserves the right to change prices or any other charges at any time. We will provide You with at least thirty (30) days notice before charging You with any price change on any annual or longer term plans. It is Your sole responsibility to periodically review billing information provided by HostJane through the user billing tool or through other methods of communication, including notices sent or posted by HostJane.
14. Coupons; Discounts
Except in circumstances where discounts are provided in writing by HostJane on a case-by-case basis, coupon codes are generally reserved for first-time accounts unless otherwise specified. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of Your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.