Terms & Conditions
Terms of Service
KJMHost.com, as your web hosting service provider, will supply Customer with a shared web hosting solution according to the specifics of your plan, along with various services you select for maintaining your Web site, as indicated on our Web site (hereinafter “Services”).
You warrant that the contact and billing information, as listed on the account signup form, is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.
This Agreement represents the entire agreement between you and KJMHost.com, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by KJMHost.com or written agreement by an authorized officer of KJMHost.com(provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)
Any of the terms, prices or services offered can be amended, modified or updated by KJMHost.com at any time.
The customer is responsible for uploading Web site files and/or providing and setting up any Web site content. KJMHost.com is not responsible for modifying, correcting or updating Web site material.
The customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.
The customer is responsible for maintaining the confidentiality of login and billing information. KJMHost.com is not liable for any account disputes that may arise between various parties holding account login information. KJMHost.com is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.
The customer is responsible for updating and maintaining contact and billing information with KJMHost.com. Any changes to the Customer contact information must be made using the account Control Panel or by contacting our Support Team. The customer is responsible for ensuring that KJMHost.com is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by KJMHost.com to maintain the account.
The customer is responsible for bandwidth utilization, and monitoring bandwidth uses to ensure the Web site does not exceed the bandwidth allocated for the account(s). KJMHost.com will use its best efforts to e-mail Customers who are at or near their bandwidth utilization limits, but KJMHost.com does not take responsibility if e-mail notification(s) is not received by the Customer. KJMHost.com reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the bandwidth allotment.
Server resources are limited in our shared hosting environment. You are responsible for ensuring your account does not consume more than 2% of server resources for a period of 30 seconds or longer, and to ensure your account does not abuse server resources at the sole discretion of KJMHost.com. Failure to do so may result in account suspension and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Inodes are limited in our shared hosting environment. Each file, directory and email uses one inode. The most common reason for excessive inode usage is if your ‘catchall’ email is enabled and never emptied. Additionally, causes for excessive inode usage may include text-based databases or text-based forums and messaging systems. You are responsible for ensuring your account does not use more than 50,000 inodes. Additionally, no single directory may contain more than 20,000 inodes. Failure to do so may result in account suspension and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Email accounts are intended for normal use only and each individual email account is limited to 500 MB and must not exceed 1,000 emails. Our e-mail system is not intended for storage of media or other data. You are responsible for removing any files and attachments which do not meet these requirements, and for adhering to any email account limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Mysql databases are limited to 1 GB each. Our MySQL system is not intended for storage of media or other data. You are responsible for removing any data which does not meet these requirements, and for adhering to any MySQL account limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
KJMHost.com reserves the right to refuse service to anyone in violation of our Terms of Service or the Acceptable Use Policy (AUP) set forth below or anyone using our networks or servers for unlawful purposes.
Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms will result in the actions outlined in our AUP.
Customer accepts liability resulting from any breach of our AUP.
The customer is responsible for making end-users aware of all the policies of KJMHost.com and is responsible for any breach of those policies by their end-users, as laid out in our AUP.
Complaints Against Customer
(excluding Trademarks and Copyright complaints)
KJMHost.com does not proactively review the Web site content or e-mail of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, Web site content or e-mail to validate compliance with our AUP.
We take no responsibility for the content or information contained on our Customers’ Web sites or within their e-mail. The opinions and views expressed in the Web pages hosted by KJMHost.com do not necessarily reflect our views. The contents of the Web pages hosted by KJMHost.com are not monitored or reviewed in any way before they appear on the Internet.
Payment Policies – General
Accounts will not be activated or reactivated without prior payment.
Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.
Any losses or expenses experienced by the Customer, due to actions taken by KJMHost.com in response to Customer non-payment, are not the responsibility of KJMHost.com.
Payment Policies – Payment Processing
KJMHost.com’s preferred methods of payment are credit card or PayPal.
When an account is canceled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
If we are required to recover files due to a canceled account, we may bill up to $50.00 for our data recovery time and effort.
If we make any refunds due to charges you dispute with your credit card company or Paypal, we will cancel your account. The canceled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by KJMHost.com as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.
You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Fees paid to KJMHost.com are non-refundable unless there is an express money-back guarantee.
Transferring a domain to a new hosting Company does not constitute canceling an account with KJMHost.com.
If an account with a thirty (30) day money-back guarantee is purchased and canceled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all setup fees. Requests for these refunds should be made through our Support Team.
If your account is canceled for any other reason than a valid thirty-day money-back guarantee, we may, in our sole discretion, refund none, some or all of the payment remitted prior to cancellation.
You have thirty (30) days to dispute any charge or payment processed by KJMHost.com. If you have a question concerning a charge you believe is incorrect, please contact us at billing@KJMHost.com.
The customer is responsible for providing the equipment and services necessary to access KJMHost.com networks, systems and servers. KJMHost.com makes no assurances that the Customer’s equipment is compatible with its services.
KJMHost.com is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by KJMHost.com or not residing on KJMHost.com’s network, systems or servers.
KJMHost.com is not responsible for ensuring that Customer Web sites function correctly, nor are we responsible for troubleshooting programs, scripts or software placed on our servers by the Customer.
All fees paid to KJMHost.com are non-refundable one-time Setup Fees. They are non-refundable.
The only exception to this is if you request a valid refund during the money back guarantee period. We will refund all Setup Fees paid during the money back guarantee period.
Your hosting account is not transferable. Transferring your hosting account may result in your account being canceled without refund.
KJMHost.com is not responsible for services provided by third-party providers. Specifically (but not limited to,) if third-party services including hardware, networking and domain providers cannot continue to provide us with services in a cost effective manner then we may not be able to continue providing Customer with effective lifetime hosting.
In the event that KJMHost.com cannot continue providing Customer with hosting for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services.
In the event that KJMHost.com cannot continue providing Customer with any other services for any reason, Customer will not be compensated in any way. There are no refunds of the Fees beyond the original money back guarantee period, and all services rendered are free services.
If the Customer chooses to conduct online commerce, the Customer is responsible for maintaining and creating an online store.
The customer is responsible for ensuring that products or services sold or made available via our services are legal and accurately represented and that the content of the store and related offerings do not infringe the rights of others.
The customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.
The customer is responsible for the security of Customers’ credit cards.
KJMHost.com is not liable for any fraud, disputed business transactions, undelivered goods or other improprieties between Customers and their Customers.
Web Site Accessibility
We will use all efforts to ensure that Customers’ Web sites are available to third parties via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by KJMHost.com.
However, due to the nature and complexity of online services, we cannot guarantee the availability of (i) our Web site, (ii) any Customer Web site or other Web site, information or material hosted by us, or (iii) the products and/or services available on or through any of the above.
Pursuant to KJMHost.com’s Privacy Statement, KJMHost.com may disclose to third parties certain aggregate information contained in your signup or related data. However, KJMHost.com will NOT disclose personally identifying information to third parties unless such disclosure is:
– required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
– intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;
– to enforce these Terms of Service or otherwise establish or exercise KJMHost.com’s legal rights or defense against legal claims; or
Backup / Restore
KJMHost.com does not maintain backup copies of Customer Web sites or e-mail.
KJMHost.com cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a Web site will always be available.
We ALWAYS recommend that Customers copy all content of a Web site to a local computer and strongly suggest that Customers make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.
We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Web sites, shut down our network, or review the content on Web sites to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete a Web site or account because of some significant failure, security breach or other emergency. In such cases, we do our best to backup a deleted Web site, but we cannot ever guarantee a full restore of a Web site.
Acceptance of Commercial Relationship and E-mail Communications
By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not SPAM.
From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters. You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or by contacting our Support Team.
Waiver of Jury Trial
Both you and KJMHost.com hereby agree to waive all respective rights to a jury trial of any claim or cause of action related to or arising out of this Agreement.
The scope of the waiver is intended to be all encompassing of any and all disputes that may be filed in any court and that relate to the subject matter herein, including without limitation, contract claims, tort claims, breach of duty claims, and all other common law and statutory claims.
You and KJMHost.com each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into these Terms and that each will continue to rely on the waiver in their related future dealings.
Each party further warrants and represents that each has had the opportunity to have legal counsel review the waiver.
The waiver is irrevocable, meaning that it may not be modified either orally or in writing, and the waiver shall apply to any subsequent amendments, renewals, supplements or modifications to these Terms. In the event of litigation, these Terms may be filed as written consent to a trial by court.
Limitations of Liability
KJMHost.com operates a shared hosting environment, which affords a cost-effective hosting option for our Customers and introduces some risk that a Customer could impact others.
We cannot accept any liability for downtime, interruptions of service, loss of business, loss of data, breach of security or inadvertent access to your private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where KJMHost.com must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.
KJMHost.com AND ITS CONTENT ARE PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. ALL MEMBERS ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCT AND/OR SERVICE AVAILABLE THROUGH KJMHost.com IS PROVIDED SOLELY BY THE OWNER, ADVERTISER, OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY KJMHost.com.
YOU AGREE THAT ALL ACCESS AND USE OF KJMHost.com AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL KJMHost.com BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY’S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER WEB SITE OR ANY CONTENT ON SUCH WEB SITES, OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOUR AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEB SITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEB SITE, OR WITH THE EXTENT TO WHICH SUCH WEB SITES ARE “UP” OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KJMHost.com SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE.
These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice. If you do not agree to any changes, your only recourse is to stop using the service; in these situations we will provide a pro-rated refund for unused services.
By visiting this Web site and/or using or purchasing goods and/or services from or through this Web site, you consent to the federal and provincial court of India having jurisdiction over you. The Terms and the relationship between you and KJMHost.com shall be governed by and interpreted in accordance with the laws of India without reference to its principles of conflicts of law.
If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.
Last Modified: June 30, 2017