Terms Of Service
Joker Web Hosting's primary objective is to value and support our subscribers wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our subscribers.
In pursuit of our primary objective, Joker Web Hosting agrees to deliver the agreed upon services, as declared in the “New Account” confirmation, to our customers at the time of purchase, subject to the following Terms of Service (hereafter referred to as TOS).
In addition, the use of Joker Web Hosting's service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Joker Web Hosting's TOS. Joker Web Hosting reserves the right to change or modify the TOS at any time without notice.
I. 100% Money-Back Guarantees
A. 30-Day Money Back Guarantee
Joker Web Hosting proudly offers its subscribers a "30-Day Money Back Guarantee.” This guarantee allows subscriber to purchase Joker Web Hosting’s services with full confidence and zero-risk. Consequently, subscriber may request a full refund within 30 days of initial sign-up and be refunded all fees paid to-date, including setup fees, less any additional over-usage and free domain registration costs (costs of free domain registrations are calculated at the regular cost of the domain registrations). Terminated accounts are not eligible for this guarantee if the termination occurred due to a violation of this TOS.
This guarantee can be requested at anytime within the 30 days of the commencement of service if subscriber is not satisfied with Joker Web Hosting’s services. If the 30-day service of the subscription has been exceeded, subscriber is not eligible for this guarantee. A request for this guarantee must be submitted via Joker Web Hosting’s ticket system located HERE.
If requesting a refund, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Joker Web Hosting could improve service.
II. Price-Freeze Guarantee
Joker Web Hosting proudly offers its subscribers a "Price-Freeze Guarantee." This guarantee allows subscriber to use Joker Web Hosting’s services with full confidence and zero-risk. Joker Web Hosting guarantees that it will never increase monthly fees for existing subscribers of any service plans. This guarantee is effective upon the start of a subscription. Immediately after the order-process is completed, a price-lock will be established on the subscription and the price cannot increase for the existing subscription with the existing service plan.
Subscriber is aware that Joker Web Hosting may proactively change the specified rates and charges from time to time, with any new rate or changed pricing being exclusively effective for new subscribers or service plan changes. Subscriber is aware that rates and offers can change upon service plan modification or new account subscription and may or may not be available for purchase at any time in the future. However, existing subscriptions will establish a price-lock for their service plan upon sign-up and will not be affected by changed pricing or offers.
III. 99% Uptime Guarantee
Joker Web Hosting guarantees that your website will be up and running at least 99% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Joker Web Hosting has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Joker Web Hosting data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Joker Web Hosting cannot directly influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via Joker Web Hosting’s ticket system located HERE.
If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.
IV. Prohibition of Adult Content
Subscribers of Joker Web Hosting’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
V. "Fair-Use" Resource Assignment
Joker Web Hosting offers unlimited disk space and unlimited other resources, such as email or FTP accounts, or a great amount of each one of these resources with certain plans. The intention of Joker Web Hosting is to provide a large amount of space and resources for our customer's convenience of not having to worry about disk space or resource allotments. These resource and disk space allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and are not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All your downloadable files or files stored on the server have to be available for download via a HTML document stored on the Internet in a publicly or privately accessible area. This policy only applies to web sites who are considered to be abusive in service, disk space or resource consumption and where it is evident that the "fair-use" of resources among customers has been breached, particularly in regards to disk space utilization. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the sole discretion of Joker Web Hosting. If a "Fair-Use" breach occurs, Joker Web Hosting may have to remove files from the subscriber's account in order to restore full serviceability to other subscribers affected by the breach. In any case, the subscriber will be notified of any actions that Joker Web Hosting may have to take.
VI. SPAM and Unsolicited Commercial Email (UCE)
Joker Web Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Joker Web Hosting may not use, or permit others to use, our network to partake in UCE distribution. Customers of Joker Web Hosting may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, Joker Web Hosting will initiate an immediate investigation. During the investigation, Joker Web Hosting may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this TOS, Joker Web Hosting may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, Joker Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Joker Web Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
Establishment of this service is dependent upon receipt of payment of stated charges by Joker Web Hosting. Subsequent payments are due on the anniversary date of the month for that month's service or whichever is the selected billing cycle.
VIII. Failure to Pay
Joker Web Hosting may temporarily deny or terminate service upon the failure of the subscriber to pay the charges when due. Such termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
IX. Account Cancellation
A subscriber may cancel his account at any time by using the contact form. If requesting a cancellation, we ask that subscriber briefly explains the reasons for doing so, as well as any suggestions on how Joker Web Hosting could improve service. The cancellation will take effect immediately and the subscriber’s account will remain active until the end of the subscription.
X. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Joker Web Hosting and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Joker Web Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Joker Web Hosting. Subscriber further acknowledges that the Joker Web Hosting’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Joker Web Hosting be liable for any special or consequential damages, loss or injury.
XI. Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted domain names or any other cases which involve the change of nameservers of a domain from other DNS servers to Joker Web Hosting's DNS servers, there may occasionally be a delay of several days, weeks or longer depending on the accessibility of control options at the respective registrar of the domain name registration. It is possible that if the registrar (or the entity having control over the domain registration) is not cooperative, the domain nameservers can not be changed at all. Due to the unpredictable nature of the nameserver change process, no guarantees are made regarding the amount of time a specific change may take. On customer request, nameserver change of domain names is done by Joker Web Hosting on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed in any way or fashion as it solely depends on the accessability or cooperation by the domain name registration’s registrar.
XII. Support Boundaries
Joker Web Hosting provides technical support to its subscribers. We limit our technical support to our area of expertise. The following is our guideline when providing support: Joker Web Hosting provides support related to your service plan’s features’ physical functioning. Joker Web Hosting does not provide technical support for the subscriber’s customers. The only way to request technical support is to utilize the ticket system via the online client portal.
A. IP Address Ownership
If Joker Web Hosting assigns a subscriber an IP address for use with the subscription, the right to use that IP address shall belong only to Joker Web Hosting and the subscriber shall have no right to use that IP address except as permitted by Joker Web Hosting. Joker Web Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by Joker Web Hosting. Joker Web Hosting reserves the right to change or remove all such IP numbers and addresses in its sole and absolute discretion, at any time.
B. Bandwidth and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the maximum number of megabytes per month for the service plan subscribed by the customer (“Agreed Usage”). Joker Web Hosting will monitor subscriber’s bandwidth and disk usage. Joker Web Hosting shall have the right to take corrective action if subscriber’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Joker Web Hosting's sole and absolute discretion, at any time deemed necessary by Joker Web Hosting. If Joker Web Hosting takes any corrective action under this section, subscriber shall be entitled to a pro-rated refund of any fees paid in advance prior to such action. In any cause, subscriber will be warned of approaching or exceeded resource limits via email by Joker Web Hosting’s automated notification system.
C. System and Network Security
Subscribers or any network users are prohibited from violating or attempting to violate the security of Joker Web Hosting’s network or any and all components there in. Violations of system or network security may result in civil or criminal liability. Joker Web Hosting will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
1. Accessing data not intended for such subscriber or logging into a server or account, which such subscriber is not authorized to
XIV. Notification of Violation
Joker Web Hosting is under no obligation or duty to constantly view each subscriber's activities to determine if a violation of this TOS has occurred. Accordingly, we do not assume any responsibility through our TOS to monitor or police Internet-related activities. Joker Web Hosting will only investigate suspicious activities if they are deemed to violate this agreement or to harm any part of the services, network or other subscribers. If a subscriber is found to be in violation, the following steps are taken:
1. Any Subscriber, which Joker Web Hosting determines to have violated any element of this TOS shall receive an email warning them of the violation.
NOTE: Joker Web hosting reserves the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contacting the subscriber. Joker Web Hosting will contact the subscriber as soon as it is feasible.
XV. Suspension of Service or Cancellation
Joker Web Hosting reserves the right to suspend network access to any subscriber if in the judgment of Joker Web Hosting, the subscriber‘s account is the source or target of a violation of any of the terms of the TOS, or for any other reason which Joker Web Hosting deems necessary.
If inappropriate activity is detected, all accounts of the subscriber in question will be deactivated until our investigation is complete. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault.
XVI. Miscellaneous Provisions
Subscriber must provide Joker Web Hosting real and current contact information at all times. E-mail address, telephone and fax contacts are used, and in that order of preference.
1. Joker Web Hosting takes no responsibility for any material placed on its network by others. Joker Web Hosting is not responsible for
XVII. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal activities. Therefore, subscriber agrees that Joker Web Hosting may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agency that requests such information, provided they posses the proper court-approved warrant, without consent or notification to the subscriber.
Each party (the “Indemnifying Party”) hereby indemnifies the other party (the “Indemnified Party”), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party’s representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
If any provision of this TOS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this TOS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
XX. Applicable Law
This TOS is subject to the governing laws of the State of Kentucky. Courts of competent jurisdiction in Lexington, KY shall hear and decide any disputes.