1.) Contact Information
HJR SOFTWARE (We, Us, Our) require that YOU (You, your, yours)
identify yourself and your current billing information truthfully and
completely as requested by the contact information forms during your
sign-up process. Your actual credit card or debit card information
will not be retained by us, except by the automated methods used by
our hosting software's billing routines and/or by our payment processor,
which in most cases is PayPal, and in the case of PayPal, we do not
receive any credit card information whatsoever. We require that you
provide an email address that IS NOT a part of the domain name that
your are signing up for. This is necessary in case your website goes
down or is unavailable and we need to communicate with you via email
to provide you with status updates regarding the state of your website.
2.) Account Set-up
We will setup your account manually
or automatically within a reasonable period of time after receiving
payment. We may screen or review your purchase and method of payment
before or after your account has been set-up. Should we or our payment
partner(s) determine that you or your payment are fraudulent or were
made in an attempt to defraud us, we will suspend or terminate your
account immediately and deliver a message of "account terminated due
to suspected fraudulent activity". Should your account be terminated
for this reason, no refund will be provided and you may be liable for
one month of hosting service fees as settlement of damages plus you
may be subject to investigation by authorities for your fraudulent
All services provided by us may only be used for lawful purposes.
This includes, but is not limited to: copyrighted material, material
we judge to be threatening or obscene, and/or pornography.
Examples of unacceptable material:
- IRC Bots
- Warez Sites
- Pirated Software
- Hate sites
- Hack programs and archives
- Peer-to-Peer Networks
4.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe lists" and "double
optin" lists will be treated as spam. Any user who sends out
spam will have their account terminated without notice and without
refund. We extend this policy to include sending of spam from any
e-mail server, regardless of the source location of the server, if
any such e-mail contains links to your website(s), you account may
be terminated without notice and without refund. This means that
you may not utilize the services or third party websites to produce
spam for you and have such spam emails include links to any website(s)
on our webservers.
We reserve the right to require changes or disable as necessary
any website, account, database, or other component that does not
comply with this policy, at our sole discretion. We also reserves
the right to make any such modifications to your content, website,
account or databases in an emergency without notice to you at our sole
discretion, typically to swiftly rectify a non-complying issue and
make the issue comply with our policies and those of our service
We reserve the right to charge the holder of the account
used to send any unsolicited e-mail a clean up fee. The cost of the
clean up fee is left up to us and our service providers. All rights
5.) Payment Information
You agree to supply appropriate payment for the services received
from us, in advance of the time period during which such services are
provided. You agree that until and unless you notify us of your desire
to cancel any or all services received, those services will be billed
on a recurring basis.
We reserve the right to change the monthly payment amount and any
other charges at anytime. Should we change the pricing of the services
you originally signed up for, you may not automatically be eligible
or entitled to the new pricing and we are not obligated to inform you
of any such changes, unless such changes will be charged to you and
those changes will cause an increase in your service fee(s).
6.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible
for files and 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 our servers. Manual
back-up options are included within the control panel of your account
to assist with backing up your files to your own local media.
7.) Cancellation and Refunds
We reserve the right to cancel the account at any time and for
any reason we deem necessary.
Customers may cancel at any time. No refunds shall be given when
a customer cancels their account, unless, the receive the cancellation
is due to our inability to create the account within 24 hours of
payment being received by us. Refund requests for unused portions of
a monthly billing will not produce a refund. The unused portions of
the monthly service fee shall be considered settlement fees to cancel
your account, clean up the web space utilized, remove all associated
information, databases, etc.
Only first-time accounts that we are unable to create within a 24
hours of receiving payment are eligible for a refund. For example, if
you've had an account with us before, canceled and signed up again,
you will not be eligible for a refund or if you have opened a second
account with us.
8.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer than 90 seconds.
There are numerous activities that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that
require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point
in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay
e) Run any gaming servers such as counter-strike, half-life,
f) Run any type of software that causes, generates, or is a part of,
a peer-to-peer network or e-mail spam generator.
9.) 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.
10.) Money back Guarantee
None of our hosting packages carry a money back guarantee. We
spend value time, effort and resources to create a fair and beneficial
website hosting environment for you. This environment is proven to
work as stated prior to your purchase request. Our on website is run
on the same servers as our clients, thus if you were able to view and
sign-up for one of our website packages, you experienced proof that
our services are running as they should be. Your order of our services
means you intend to use the services we set-up for you and the fees
you pay cover us setting up the service and allocating the resources
you requested for up to one month. It takes the same time and resources
to cancel and destroy the the resources we allocate, thus, no money
will be refunded on any account that is actually set-up within 24 hours.
Most accounts are set-up automatically within 20 minutes.
11.) Price Change
The amount you pay for hosting will should not increase from the date
of purchase. We reserve the right to change prices listed on our site,
and the right to increase the amount of resources given to plans at
any time. Such changes may not automatically be allocated to your
account and you do not automatically become eligible for any increase
in the amount of resources given to a particular plan. However, should
you notice that the current plan you are own has been upgraded, you
may request that such upgrades be applied to your and we will review
the request and where possible, make it so. In some cases, depending
on the type of account you have and the modifications or components you
are working with on your account, the only way we may be able to upgrade
your account is to suspend or cancel the current account and create a
new account, leaving you to reinstall any website content from your backups
or off-site copies or storage media.
Customer agrees that it shall defend, indemnify, save and hold
us harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorney's fees asserted against us, 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 any liabilities
arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with us; (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 our server(s).
We will not be responsible for any damages your business may suffer.
We make no warranties of any kind, expressed or implied for services
we provide. We disclaim 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 us and our employees.
14.) Changes to the Terms Of Service
We reserve the right to revise these policies at any time without
notice. All changes will be displayed on our website.