Terms of Service
Opening Statement
The use of services from TJRHosting.com [hereafter referred to as "TJR
Hosting"]
constitutes agreement to these terms.
You may view our Privacy Policy here.
1.)
Account Setup / Email on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) incase of fraud. It
is your responsibility to provide us with an email address which is not
@ 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. In dedicated server purchases or high risk transactions, it
will be necessary to provide government issued identification and
possibly a scan of the credit card used for the purchase. If you fail
to meet these requirements, the order may be considered fraudulent in
nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to
us, however, we can not make guarantees of the transfer process. We
provide this as a courtesy service and can not make guarantees
regarding its availability or the amount of time it may take as each
host is configured a little differently. We will try our best, however,
in some cases we may be unable to assist you in a transfer of data from
an old host.
2.)
Content
All services provided by TJR Hosting may only be used for lawful
purposes. The laws of the United Kingdom apply.
The customer agrees to indemnify and hold harmless TJR Hosting 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. If you believe that your
copyright or trademark is being infringed upon, please email
abuse@tjrhosting.com with the information required.
Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image,
filedump, mirror, or banner-ad services (similar to rapidshare,
photobucket, or commercial banner ad rotation), affiliate servers,
topsites, commercial audio streaming (more than one or two streams),
Escrow, High-Yield Interest Programs (HYIP) or related sites,
Investment sites (FOREX, egold exchange), sale of any controlled
substance without prior proof of appropriate permit(s), AutoSurf sites,
Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,
lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums
and or websites that distribute or link to warez content are prohibited.
Using
a shared account as a backup/storage device is not permitted,
with the exception of one cPanel backup of the same account.
We reserve the right to refuse service to anyone. Any material that, in
our judgment, is obscene or threatening is prohibited and will be
removed from our servers 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 abuse@tjrhosting.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 (Lolita):
Any site found to host child pornography or linking to child
pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or 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 username
and password. It is required that you use a secure password. If a weak
password is used, your account may be easily compromised.
3.)
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be
treated as 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.
TJR Hosting 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.
TJR Hosting reserves the right to charge the holder of the account used
to send any unsolicited e-mail a clean up fee. This cost of the clean
up fee is entirely at the discretion of TJR Hosting.
4.)
Payment Information
You agree to supply appropriate payment for the services received from
TJR Hosting, in advance of the time period during which such services
are provided. You agree that until and unless you notify TJR Hosting of
your desire to cancel any or all services received, those services will
be billed on a recurring basis.
Cancellations must be done in writing via the cancellation
form provided. Once we receive your
cancellation and have confirmed all
necessary information with you via e-mail, we will inform you that your
account has been canceled. At this time, your account with us has been
canceled. If you do not hear back from us or receive an e-mail
confirming this cancellation, please contact us immediately.
As a client of TJR Hosting, it is your responsibility to ensure that
your payment information is up to date, and that all invoices are paid
on time. TJR Hosting provides a 15 day grace period from the time the
invoice is due and when it must be paid. Any invoice that is overdue
for 15 days and not paid will result in a 15% late fee and/or an
account suspension until account balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account and
cannot be refunded via Paypal. If you require assistance with this
provision, please contact sales@tjrhosting.com
TJR Hosting reserves the right to change the monthly payment amount and
any other charges at anytime.
5.)
Backups and Data Loss
Your use of the service is at your sole risk. TJR Hosting 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 TJR Hosting
servers.
6.)
Cancellations and Refunds
TJR Hosting 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 a cancellation
form TJR Hosting gives you an unconditional 45 day money back
guarantee on managed
shared hosting solutions for any customer who paid the first invoice
with a credit card or with Paypal.
There are no refunds on administrative fees, install fees for custom
software, or domain name purchases. Refund requests for shared accounts
after the initial 45 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've had an account with us before, cancelled 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.
7a.)
Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash /
AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
network.
e) Run any bit torrent application, tracker, or client. Please note
that you may link to torrents off server, but may not host or store
them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life,
battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include
the local file rather than the URL. Instead of
include("http://yourdomain.com/include.php") use include("include.php")
7b.)
INODES
The use of more than 50,000 inodes on any shared account may
potentially result in suspension. Accounts found to be exceeding the
50,000 inode limit will automatically be removed from our backup system
to avoid overusage. Every file (a webpage, image file, email, etc) on
your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be
suspended; however, accounts that constantly create and delete large
numbers of files on a regular basis, have hundreds of thousands of
files, or cause file system damage may be flagged for review and/or
suspension.
The primary cause of excessive inodes seems to be due to users leaving
their catchall address enabled, but never checking their primary
account mailbox. Over time, tens of thousands of messages (or more)
build up, eventually pushing the account past our inode limit. To
disable your default mailbox, login to cPanel and choose "Mail", then
"Default
Address", "Set
Default Address", and then type in: :fail: No
such user here
8.)
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.
9a.)
Money back Guarantee
On dedicated servers and colocation no full refund will be honored --
the 45 day money back guarantee does not apply. We reserve the right to
refund a prorated amount or no refund at all.
Each of TJR Hosting's managed shared servers carry a 45 day
unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 45 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.
9b.)
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 TJR Hosting dependant
upon justification provided. Third party monitoring service reports may
not be used for justification due to a variety of factors including the
monitor's 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@tjrhosting.com with justification. All requests must be made in
writing via email. Uptime guarantees only apply to shared solutions.
Dedicated servers are covered by a network guarantee in which the
credit is prorated for the amount of time the server is down which is
not related to our uptime guarantee.
10.) Shared (non-reseller
accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish
to resell hosting you must use a reseller account. Semidedicated
servers are not backed up. You must maintain your own backups.
11.)
Dedicated Servers(Currently not Providing this Service)
TJR Hosting reserves the right to reset the password on a dedicated
server if the password on file is not current so that we may do
security audits as required by our datacenter. It is the responsibility
of the client to ensure that there is a valid email address and current
root password on file for their dedicated server on file to prevent
downtime from forced password resets. TJR Hosting reserves the right to
audit servers as needed and to perform administrative actions at the
request of our datacenter. Dedicated servers are NOT backed up by us
and it is the responsibility of the client to maintain backups or have
a solution for this. You may purchase an additional hard drive and
maintain backups to it as the most simple solution. Please contact
sales@tjrhosting.com if you wish to obtain a secondary hard drive. It
is your responsibility to maintain backups.
12.)
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
tjrhosting.com, and the right to increase the amount of resources given
to plans at any time.
13a.)
Indemnification
Customer agrees that it shall defend, indemnify, save and hold TJR
Hosting harmless from any and all demands, liabilities, losses, costs
and claims, including reasonable attorney's fees asserted against TJR
Hosting, 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 TJR
Hosting against liabilities arising out of; (1) any injury to person or
property caused by any products sold or otherwise distributed in
connection with TJR Hosting; (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 TJR Hosting's server.
13b.)
Arbitration
By using any TJR Hosting services, you agree to submit to binding
arbitration. If any disputes or claims arise against TJR Hosting or its
subsidiaries, such disputes will be handled by an arbitrator of TJR
Hosting's 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 arbitrator's
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.
14.)
Disclaimer
TJR Hosting shall not be responsible for any damages your business may
suffer. TJR Hosting makes no warranties of any kind, expressed or
implied for services we provide. TJR Hosting 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 TJR Hosting and its employees.
15.)
Disclosure to law enforcement
TJR Hosting 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.
16.)
Changes to the TOS
TJR Hosting reserves the right to revise its policies at any time
without notice.
