Terms of Service (ToS)

Effective / Last Updated: 10/21/2016

READ THIS AGREEMENT CAREFULLY BEFORE USING ANY JUST HOST WITH US HOSTING SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN JUST HOST WITH US AND YOU, INCLUDING ANY JUST HOST WITH US HOSTING CUSTOMER, USER, OR WEBSITE VISITOR (collectively referred to herein as "Customer").


TERMS OF SERVICE

These Terms of Service form part of an agreement (this/the "Agreement") between Just Host With Us ("JHWU") and Customer. This Agreement governs provision of JHWU's services (the "Service") and is effective as of the moment Customer uses any JHWU website or element of the Service.

In addition to these Terms of Service, this Agreement consists of the following, each of which is incorporated into this Agreement by this reference: JHWU's acceptable use policy (the "AUP"), JHWU's billing policy, and JHWU's privacy policy, all available on JHWU's website. JHWU reserves the right to change these policies at any time. Changes are effective immediately upon posting to the JHWU website.


THE SERVICE

JHWU will provide the Service pursuant to this Agreement.

If agreed between the parties, the Service may include professional services, including services provided with the support or assistance of a JHWU contractor ("In-House Consulting"). JHWU may also refer Customer to a third-party professional services provider ("Third Party Consulting").

In-House Consulting is subject to the same terms and conditions as other elements of the Service, including without limitation the disclaimers and limitations of liability in Section 8 below. In-House Consulting is also subject to the terms and conditions of any statement of work executed by authorized representatives of both parties. Fees for In-House Consulting are in addition to Service fees required pursuant to Subsection 2(a) below. Customer will pay for In-House Consulting at JHWU's then-standard rates, unless the relevant statement of work specifically provides for a different payment structure.

Third Party Consulting is not part of the Service, and JHWU will have no responsibility or liability for Third Party Consulting, even if JHWU recommends the Third Party Consulting provider and/or the Third Party Consulting is related to the Service or to Customer's ability to receive or exploit the Service. In the event that JHWU is held responsible or liable for Third Party Consulting, such responsibility or liability will be subject to the disclaimers and limitations of liability below.


NO WARRANTY

Service provided by JHWU is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to: warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. At no time shall advice or information given by JHWU, its agents or employees, constitute a warranty. JHWU provides no warranty that Service will be uninterrupted or error-free except as outlined by our Service Level Agreement (SLA), or that information or material accessible on Service is free from harmful components. Under no circumstances shall JHWU be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from use of or inability to use Service, or from mistakes, omissions, interruptions, delays of transmission, errors, deletion of files, defects, or any failure of performance.

If Customer is unsatisfied with Service provided by JHWU or any of its accompanying terms, conditions, rules, policies, guidelines, or practices, the sole and exclusive remedy is to discontinue using the service and close JHWU account. Customer's account may be terminated upon request in writing to JHWU.


DATA BACKUPS

Use of Service provided by JHWU is at Customer's own risk. JHWU is not responsible for data and files associated with Customer's account. JHWU will back up data and files associated with Service provided to suitable archival medium on a best effort basis, but does not warrant the availability and fitness of said backups. Archival data may be requested by Customer for data or files associated with the requesting party's account for a fee not to exceed $100 USD per incident or request.


HIPAA Disclaimer

We are not “HIPAA compliant.” You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Service may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. JHWU does not control or monitor the information or data you store on, or transmit through, the Service. We specifically disclaim any representation or warranty that the Service, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that JHWU is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact support@justhostwith.us.

INDEMNIFICATION

Customer agrees to indemnify, defend, and hold harmless JHWU from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from Customer's use of Service which damages either Customer, JHWU or any other party or parties without limitation or exception.


REFUSAL OF SERVICE

JHWU reserves the right to refuse, discontinue, or terminate service to anyone at their sole discretion. In the event an account is terminated due to a violation of any JHWU policy, any outstanding account balance, current and past balances paid, plus any fees or penalties, are non-refundable.


PRIOR AGREEMENTS

This Agreement supersedes any written agreement (electronic or otherwise) or communication JHWU may have had and constitutes the total agreement between the parties.


SEVERABILITY

Should any provision of this Agreement be determined to be invalid, unenforceable or unfit, all other provisions shall remain in full force and effect and said provision shall be reformed to the extent necessary to make it valid, enforceable, or fit. Such changes are the sole discretion of JHWU.


APPLICABLE LAW AND JURISDICTION

The laws of the state of Illinois govern all matters arising out of or relating to this Agreement and any Service provided by JHWU. Any party bringing legal action or proceeding against any other party shall bring such legal action or proceeding in the Circuit Court of Lake County, Illinois. The parties consent to the exclusive jurisdiction of such court and each party waives, to the fullest extent of the law, any objection that it may now or later have to the exclusive jurisdiction of such court. Customer agrees that all Service provided by JHWU shall be deemed to be requested and provided in Lake County, Illinois.

 
Contact
  • Abuse: abuse@justhostwith.us
  • Billing: billing@justhostwith.us
  • DMCA: dmca@justhostwith.us
  • Sales: sales@justhostwith.us
  • Support: support@justhostwith.us