General Terms of Service
Welcome to HostJane.com (“the Service”).
These Terms of Service (the "Agreement") are an agreement between HostJane, Inc. ("HostJane", "We", "Us", or "Our") including HostJane, Inc.’s subsidiaries, affiliates, divisions, contractors and all data sources and suppliers and You ("User", "You" or "Your").
This Agreement sets forth the general terms and conditions of Your use of the products and Services made available by HostJane and of the HostJane.com website (collectively, the "Services" or "Site"). By using the Services, You agree to be bound by this Agreement. If You do not agree to abide by the terms of this Agreement, You are not authorized to use or access the Services.
1. Additional Policies and Agreements
1.1 Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, You also agree to the terms of the following policies.
- Marketplace Terms
- Web Hosting Terms
- Acceptable Use Policy
- GDPR Data Processing Agreement
- Cookies Policy
- Service Level Agreement
1.2 Additional terms and Site rules and procedures may also apply to Our Services, which may be found in relevant areas of HostJane.com and should be taken as incorporated into this Agreement. For example, if a forum is offered for freelancers on HostJane then any rules applicable to posting and commenting on other people's threads published inside the forum should be taken as being part of this Agreement.
2. Eligibility & Registration
2.1 By registering for or using the Services, You represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If You use the Services on behalf of another party You agree that You are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions You take in connection with the Services.
2.2 It is Your responsibility to provide accurate, current, and complete information on the registration forms, including a valid email address. If there is ever an abuse issue or We need to contact You, We will use the primary email address We have on file. It is Your responsibility to ensure that the contact information for Your account, including any financial information for payouts is accurate, correct and complete at all times. HostJane is not responsible for any lapse in the Services, including without limitation, any payout mistakes due to outdated or wrong contact information being associated with Your account.
If You need to verify or change Your contact and financial information, You need to use the HostJane Settings or Hosting Portal to update Your contact information. Providing false contact information of any kind may result in the termination of Your account. In certain purchases You may be required to verify a recent statement displaying Your name, billing address and the last 4 digits of the card used. Failure to provide the requested information for review within 72 hours will result in cancellation of Your open orders.
2.3 You agree to be fully responsible for all use of Your account and for any actions that take place through Your account. It is Your responsibility to maintain the confidentiality of Your password and other information related to the security of Your account.
2.4 Any dedicated IP order in addition to those provided with a HostJane server may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
2.5 The Service and any data You provide to HostJane is hosted in the United States (U.S.) unless otherwise provided. If You access the Service from outside of the U.S., You are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and You hereby agree that HostJane’s collection, use, storage and sharing of Your information and content is subject to the laws of the United States, and not necessarily of the jurisdiction in which You are located.
2.6 The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, You represent and warrant that You are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National ("SDN") or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, HostJane also does not register, and prohibits the use of any of Our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or Your use of the Services.
3. HostJane Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "HostJane Content"), are the proprietary property of HostJane or HostJane's licensors. HostJane Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostJane Content. Any use of HostJane Content, other than as specifically authorized herein, is prohibited and will automatically terminate Your rights to use the Services and any HostJane Content. All rights to use HostJane Content that are not expressly granted in this Agreement are reserved by HostJane and HostJane's licensors.
4. User Content
4.1 You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by You or by users of any of Your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, You represent and warrant to HostJane that:
- You have all the necessary rights to post or distribute such User Content, and
- Your posting or distribution of such User Content does not infringe or violate the rights of any third party.
4.2 Solely for purposes of providing the Services, You hereby grant to HostJane a non-exclusive, royalty-free, worldwide right and license to:
- Use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and
- Make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, HostJane does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with You.
4.3 HostJane exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through HostJane's computers, network hubs and points of presence or the Internet. HostJane does not monitor User Content. However, You acknowledge and agree that HostJane may, but is not obligated to, immediately take any corrective action in HostJane's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if You violate the terms of this Agreement. You hereby agree that HostJane shall have no liability due to any corrective action that HostJane may take.
5. Compliance with Applicable Law
5.2 For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in Your jurisdiction, and with respect to Your subscribers’ or customers’ personal data, You acknowledge and agree that You are the Controller (as that term is defined in the GDPR), and HostJane is a Processor (as that term is defined in the GDPR) insofar as You may store personal data through Your use of Our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that You are responsible for complying with all obligations of a data controller under applicable law (including the GDPR). To the extent the GDPR applies to You, You represent and warrant that in using Our Services, You will clearly describe in writing how You plan to use any personal data collected and You will ensure You have a legitimate legal basis to transfer such personal data to Us and that You have the necessary permission to allow Us to receive and process (e.g., store) such personal data on Your behalf. The additional data processing terms set forth here shall apply where You are a Controller subject to the GDPR.
6. Limitation of Liability
IN NO EVENT WILL HOSTJANE ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTJANE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTJANE'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTJANE FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless HostJane, Our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to:
- Your use of the Services, or;
- Any breach or violation by You of this Agreement; or;
- Any acts or omissions by You. The terms of this section shall survive any termination of this Agreement.
By using the Services, You hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by HostJane and will be held at the AAA location chosen by HostJane. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event You are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, HostJane will pay as much of Your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between You and HostJane alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If You initiate litigation or any other proceeding against HostJane in violation of this paragraph, You agree to pay HostJane's reasonable costs and attorneys' fees incurred in connection with Our enforcement of this paragraph.
9. Independent Contractor
HostJane and User are independent contractors and nothing contained in this Agreement places HostJane and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
10. Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Wyoming. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
HostJane shall not be responsible for any damages Your business may suffer. HostJane makes no warranties of any kind, expressed or implied for the Services. HostJane disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all Service interruptions caused by HostJane or Our employees.
12. Backups & Data Loss
Your use of the Services is at Your sole risk. HostJane's backup Service runs once a day and overwrites any of Our previous backups. Only one week of backups are kept at a time. This Service is provided only as a courtesy and may be modified or terminated at any time at HostJane's sole discretion. HostJane is not responsible for files and/or data residing on Your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on HostJane's servers.
13. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HOSTJANE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. HOSTJANE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HOSTJANE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
14. Disclosure to Law Enforcement
HostJane may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
15. Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings and plain English comments herein are for convenience only and are not part of this Agreement.
17. Changes to the Agreement or the Services
17.1 HostJane may modify, add, or delete portions of this Agreement at any time. If We have made significant changes to this Agreement, We will post a notice on the HostJane website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
17.2 HostJane reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by You or HostJane to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
20. Assignment; Successors
You may not assign or transfer this Agreement or any of Your rights or obligations hereunder, without the prior written consent of HostJane. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. HostJane may assign Our rights and obligations under this Agreement, and may engage subcontractors or agents in performing Our duties and exercising Our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
21. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
22. Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, User acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against User as if it were a party to this Agreement.