Web Hosting Service Agreement
This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of MojoHosting.Net ("MojoHosting.Net") for web hosting services. You certify that you are at least 18 years of age. To become a MojoHosting.Net account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by MojoHosting.Net. This Agreement will become effective when accepted by MojoHosting.Net. By posting notice 30 days in advance at a web page available on our web site (http://www.mojohosting.net), MojoHosting.Net may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
Scope of Services and Your Obligations
This Agreement defines the terms and conditions of MojoHosting.Net's services as offered by MojoHosting.Net and used by you, including the provision of web hosting services on MojoHosting.Net's servers and connectivity to the Internet (the "Services"). MojoHosting.Net will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, MojoHosting.Net maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
MojoHosting.Net reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. MojoHosting.Net will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not MojoHosting.Net's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that MojoHosting.Net is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. � 512. Consistent with the DMCA, MojoHosting.Net will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, MojoHosting.Net has a policy of terminating accountholders who are copyright infringers.
Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on MojoHosting.Net's servers nor the links to other websites are screened, approved, reviewed or endorsed by MojoHosting.Net. MojoHosting.Net is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not MojoHosting.Net's statements of advice, opinion or information.
Payment Policies, Fees, Refunds, Charge backs, and Returned Checks
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, half year, one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.
Domain registration fees and setup fees are nonrefundable. Domain registration/setup fees are nonrefundable. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies MojoHosting.Net of cancellation. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. MojoHosting.Net reserves the right to change prices at any time.
If your web site has an overdue balance, our automated
billing system will suspend your account until you pay the
overdue balance. Please note that it is your responsibility to
keep your account current. You can check your account balance at
any time by logging in to the billing system.
The validity, terms, performance and enforcement of this
Agreement shall be governed and construed by its provisions and
in accordance with the laws of the State of Texas (without
regard to conflicts of laws principles).
You agree to use all MojoHosting.Net services and facilities at your own risk. MojoHosting.Net specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall MojoHosting.Net be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD MojoHosting.Net HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY MojoHosting.Net. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MojoHosting.Net HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MojoHosting.Net, 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 MojoHosting.Net AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products
sold or otherwise distributed in connection with
(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 customer from MojoHosting.Net's server.
MojoHosting.Net shall be the sole judge of what violates this
To cancel your account, please email email@example.com within five business days of your invoice due date. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. Domain registration fees and setup fees are nonrefundable.
NOTE: MojoHosting.Net charges a $25.00 fee for returned checks. For international customers, if you are sending a check/money order the amount must be drawn in US dollars. You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Client's Responsibility to secure email confirmation from MojoHosting.Net that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.
If Client has a balance due at the time of cancellation, the balance will be prorated based on the date and this prorated amount will be due before the account will be cancelled.. Cancellation does not absolve Client of any outstanding financial obligations. All MojoHosting.Net accounts must be paid in full before the cancellation will be considered complete.
Transferring your domain to another provider or nonuse of
your hosting account does not constitute canceling your account.
You must notify MojoHosting.Net to formally cancel your account
and avoid further charges.
Most account maintenance issues can be handled in the
If you need to cancel your account, please see our the Account
Cancellation section above for canceling an account.
MojoHosting.Net is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, & password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying
for the hosting account we advise you to receive payment for
your work before you publish it to our servers. Once the Web
site is published to our servers the account owner has retained
ownership of that content.
Reporting Alleged Copyright Infringement
In notifying us of the alleged copyright infringement, please be sure to include the following information:
- a description of the copyrighted work that is the subject of the claimed infringement (if multiple works are being infringed at a single site, a representative list of such works at that site is adequate);
- a description of the infringing material and information sufficient to permit MojoHosting.Net to locate the material; contact information for you, including your address, telephone number and/or email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law;
- a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
- a physical or electronic signature of the copyright owner or a person authorized to act on its behalf.
Failure to include all of the above-listed information may result in a delay of the processing of your complaint. MojoHosting.Net will terminate the online privileges of users who infringe the copyright of others.
For more information on the Digital Millennium Copyright Act
It is your responsibility to verify that the registration of
your domain name is complete. And, when the domain name
registration comes up for renewal, the Domain Name Registration
Company ordinarily will email the contact for your domain to
remind you it will soon expire. If you do not keep your domain
name's registration current, then the domain registration will
expire and the domain would then become available for others to
register. It is your responsibility to be certain that you keep
your domain name registered.
MojoHosting.Net may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups*.
Client is responsible for keeping email storage on hosting account below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora.
*This number does not apply to virtual private server
MojoHosting.Net is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the MojoHosting.Net network, by customers or any other users of the MojoHosting.Net network (including customers' customers); AND/OR over ANY network if the message sent advertises or mentions a site hosted on the MojoHosting.Net server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to an MojoHosting.Net email address or web site URL is prohibited. The use of MojoHosting.Net servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $250. This is also NOT REFUNDABLE and NOT NEGOTIABLE.
If you have any complaints or comments regarding Spam on our
network, please direct them to our staff
All services provided by MojoHosting.Net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless MojoHosting.Net from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography is prohibited on all MojoHosting.Net servers. This includes sites that may infer sexual content, or links to adult content elsewhere. MojoHosting.Net will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to MojoHosting.Net servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.
MojoHosting.Net will be the sole arbiter as to what
constitutes a violation of this provision.
CGI Scripts Policy
Each account comes with its own cgi-bin. You are free to use
any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal server operation or
service to other MojoHosting.Net customers. You will be notified
in 24 hours about offending cgi script. No chat room or similar
MojoHosting.Net does not allow chat rooms. You can however
link your site to a chat provider. Some examples of chat
providers are: www.humanclick.com, www.liveperson.com, and
MojoHosting.Net allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. MojoHosting.Net customers are discouraged from storing any files that cause excessive traffic on MojoHosting.Net servers. Please contact MojoHosting.Net Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to MojoHosting.Net or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
We will not host web sites which contain adult material.
You will be charged for transfer that you use beyond our
generous data transfer limits without prior notification. You
can monitor your monthly transfer that you have used in the
"Bandwidth Usage" area of your control panel and you can add
more transfer to your account at any time by upgrading your
hosting package. If you need additional bandwidth transfer above
what is allowed with a higher hosting package, please
contact us and we will be happy to assist you. Please note
that it is your responsibility to make sure that you have
sufficient bandwidth transfer remaining for your web pages.
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. If loss of data occurs due to an error of MojoHosting.Net, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, MojoHosting.Net will attempt to recover the data from the most recent archive for a $10.00 fee.
Contact us at our Support Center if your question was not
answered in this Policy