MJJ Designs Web Hosting Terms and Conditions

You must agree to the following terms and conditions set forth by MJJ Designs. By placing your order you indicate acceptance of these terms.

General Terms

Allowed content

MJJ Designs does not allow storage and/or display of the following material on its servers. This includes uploading to websites, or transmitting any material (by email, uploading, posting or otherwise).

  • Adult Sites: We prohibit any adult (pornographic) web-sites on our servers, including pedophile sites, sites linking to pornographic sites (outside links) and pornographic advertisements on your own site.
  • Illegal use: MJJ Designs services may not be used for illegal purposes, or in support of illegal activities.
  • Copyright or trademark infringement: Use of the MJJ Designs service to transmit any material (by email, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
  • Distribution of Viruses, Spyware, and Malware: Distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Distribution of software that monitors computer or computer user activity without the computer user’s knowledge and consent is prohibited.

Spamming

Spamming (sending unsolicited commercial or bulk emails) using our servers is strictly not allowed.  DO NOT SEND SPAM EMAIL FROM OUR SERVERS.

Sending spam emails which include links to a website hosted on one of our servers is also forbidden. We reserve the right to suspend or terminate any site that is linked to from spam emails.

To protect our servers we reserve the right to impose limits on the number of emails sent from our servers within a particular span of time.

Usenet Spamming: We have a zero tolerance policy for the use of our network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Server Use

We want to allow our customers to use our servers to their fullest potential, but in order to protect other users, we may temporarily or permanently disable an account if it slows down our servers or overuses server resources. In the event of a suspension, we will work with the customer to find the best possible solution.

You may not use your site to publish material which MJJ Designs determines, at its sole discretion, to be unlawful, indecent, or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

You must take reasonable steps to protect the security of our servers. This includes, but is not limited to:

  • Keeping all passwords to MJJ Designs systems secure. You must not reveal your passwords to third parties.
  • Ensuring that any scripts that are installed on your site cannot be exploited to compromise the security or the server.

The following constitute violations of MJJ Designs terms and conditions:

  • Illegal use: MJJ Designs services may not be used for illegal purposes or in support of illegal activities. MJJ Designs reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
  • Harm to minors: Use of the MJJ Designs service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.
  • Threats: Use of the MJJ Designs service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
  • Harassment: Use of the MJJ Designs service to transmit any material (by email, uploading, posting or otherwise) that harasses another.
  • Fraudulent activity: Use of the MJJ Designs service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” “hyip schemes,” and “chain letters.”
  • Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited.
  • Unsolicited commercial email / Unsolicited bulk email (SPAM): Use of the MJJ Designs service to transmit any unsolicited commercial or unsolicited bulk email is expressly prohibited. Violations of this type will result in the immediate termination of the offending MJJ Designs account.
  • Unauthorized access: Use of the MJJ Designs service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of MJJ Designs’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.
  • Fraudulent links: Use of fraudulent referrers to a site hosted on our servers is forbidden. This includes, but is not limited to, blog ping backs. Inappropriate (e.g. off-topic or automated) postings to forums, or other services containing links to a site hosted on our servers is forbidden.
  • Servers and Proxies: Use of server software or scripts which creates a listening socket on our server is forbidden. Proxies which receive requests over HTTP and use our network connection to forward the request to another server are not permitted. This includes, but is not limited to, HTTP proxies.
  • File Sharing and Bit Torrents: Use of software and scripts for “file sharing”, “bit torrents” or similar is not allowed on our servers. This includes sending or receiving files using these mechanisms.

Scripts

You are responsible for ensuring that any scripts that you install do not compromise the security of our servers. This includes, but is not limited to:

  • Ensuring that it is not possible to abuse such scripts to gain access to the file system of the server.
  • Ensuring that it is not possible to abuse such scripts to send emails to third parties.
  • Ensuring that you update any installed scripts with the latest releases, which often contain security fixes.

If a script installed on your site is compromised, we may require a clean up of your site.

Where we provide an automatic script installer we may update installed scripts to the latest releases.

Server maintenance

We might have to perform maintenance from time to time. This includes, but is not limited to, upgrades or replacements to our servers. We reserve the right to suspend access to such servers during the required time to perform maintenance — no more than 4 hours. In the event of service-interrupting maintenance, the users will be sent an email at least 24 hours before the due date and time for maintenance.

Responsibility

MJJ Designs will not be responsible for any damages your business may suffer. MJJ Designs makes no warranties of any kind, expressed or implied, for services we provide. MJJ Designs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MJJ Designs, its employees, suppliers, customers, or any third party.

You, as a MJJ Designs customer, are solely responsible for the content stored on and served by your website.

Backups

You are solely responsible for maintaining adequate backups of your content.

We may provide a backup service for your site, however, we do not accept responsibility for any failure of our backup mechanism. We will restore your site from backup if required for a fee of $99 per account restoration. An account restoration will be either from daily, weekly, or monthly backups and will include all of your websites stored in your account.

Backups are maintained daily, weekly and monthly.

In the event your MJJ Designs hosting account is canceled, MJJ Designs will retain your backup for a period of 60 days and can provide a backup copy to you free of charge.  After the 60th day, your backup will be purged from our server and no longer be available.

Technical Support

MJJ Designs provides technical support to our customers via a support ticket system, telephone, or live chat. MJJ Designs provides support related to your website functioning. MJJ Designs does not offer technical support for application-specific issues such as PHP or CGI programming, HTML, script installation, or any other such issue.

You may purchase additional technical support for issues which are not covered by our normal support. Our standard technical support rate is $50 per half hour, paid in advance. For a cost estimate for additional support please create a support ticket in the Client Portal. If you purchase additional technical support and our estimate is too low, we will stop work and advise you as soon as possible to provide you with a new estimate. If our estimate is too high, we will refund any extra amount paid by you.

Server Support & Maintenance

Server technical support is limited to resolving issues related to functioning of the server hardware. The customer agrees to provide any information required to diagnose faults. We will perform an on-request power-cycle reboot of your dedicated server.

Any upgrades or maintenance that need to be done to the server will be carried out by MJJ Designs.  Operating System upgrades, software upgrades, and security updates will be performed by MJJ Designs.

Modification

We reserve the right to modify any of these terms and conditions contained, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes, or modifications. If any modification is unacceptable to you, your only recourse is to terminate your account(s). In this case, a prorated refund of web hosting costs will be made.

Uptime Guarantee

We do not guarantee a specific percentage of uptime.  Due to the nature of web hosting, there are a number of unforeseen factors that could go wrong, causing a server to crash.

We will do everything in our power to restore use of that server as quickly as possible.  However, in the event that we believe your account will be unavailable for more than 2 hours, we will move your account to a new server to minimize the downtime on your account.

Chargeback and Payment Disputes

All payment disputes must be raised via the support ticket system.

If you dispute a payment through your credit card company, through Google Checkout, or another financial institution, we will immediately suspend or terminate all services you have purchased from us. We will apply a charge of $25 per dispute instance, payable before we restore your services. If we are charged a chargeback settlement fee, or other fee related to the payment dispute, we may pass this fee onto you.

Termination and Suspension

You may terminate your hosting at any time by notifying us via a support ticket, phone call, or live chat.  A pro-rated refund of the hosting costs remaining in your account will be issued back to you if you cancel within the first 30 days of any billing cycle.

We may suspend any or all of your services where we have reason to suspect a violation of our terms and conditions whilst we investigate the suspected violation. We may suspend your services where we have reason to suspect that a script installed on your site is being abused whilst we investigate the suspected abuse.

Clean Up

If we suspect that activities performed by you or a third party on your hosting account, whether deliberate or not, may compromise the security of our server or any other server or computer, we may require a clean up to be performed.

A simple clean up will be provided free of charge, resulting in total loss of existing data on your hosting account. You should then restore the site from your backups. Depending on the severity, we may agree to perform a complex clean up (targeting only compromised files), for which we will charge support at our standard support rate.

Violations

If you violate our terms and conditions we may terminate or suspend (temporarily or indefinitely) any services you have with us. In this case no refund will be given for any payments that have been, or are made by you to us.

Following a violations of our terms and conditions, we may apply an investigation charge of $100 per instance.

Cancellation and refund

MJJ Designs will accept a request to cancel a web hosting account and give a full refund to a new customer who requests such refund and cancellation within 30 days of ordering. Domain name registrations cannot be cancelled and are not refundable.