Terms of Service

19 June 2024

Joyomi LLC Hosting

The most current version of our Terms of Service can always be found at https://joyomi.com/terms-of-service/. This document may change from time to time. Changes go into effect and are applied to all customers from the time that they are posted to the above URL.

Service Description

Joyomi LLC provides website hosting and associated services and maintains dedicated server computers, other equipment, and software which are integrated with the internet. These servers send and receive data and information in relationship with the internet. Customers wish to utilize the hardware and software resources of Joyomi LLC to establish an internet web presence using Joyomi LLC’s hosting services and network.

Conditions

The Customer’s application and this Agreement constitute a legal and binding contract between Joyomi LLC and the Customer and do not extend to any other person or entity.

Warranties

With respect to the services to be provided herein, the Customer acknowledges that Joyomi LLC makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Joyomi LLC shall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

Information

The utilization of any data or information received by the Customer from the utilization of the service to be provided by Joyomi LLC is at the Customer’s sole and absolute risk. Joyomi LLC specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.

Payment

Payment is due according to the selected Managed WordPress and Cloud Sites fee schedule following the establishment of the hosting service on the internet. Our services will automatically be billed up to one (1) month in advance according to the selected fee schedule associated with the hosting plans. In the event that the Customer fails to pay for such services in advance, Joyomi LLC shall be entitled to suspend the Customer’s service without notice until payment is made. If the account is delinquent for another billing cycle, then it will be deactivated, which will result in all files and email being deleted from the server. The Customer accepts financial responsibility for all bandwidth and compute cycle use.

A US $25.00 service fee will apply to each credit card chargeback (multiple chargebacks will each be billed $25.00 each).  If the Customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer or the charges paid in full, including any chargeback fees.

The customer will continue to be billed until the customer cancels their hosting by sending an email which explicitly requests cancellation to help@joyomi.com .  Joyomi LLC will not deactivate hosting for a domain without a completed cancellation form. The customer is liable for all services rendered and billed up until the time that the account is canceled. Hosting charges are not prorated when an account is canceled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month. Please refer to our Hosting Cancellation Form for additional information related to domain hosting deactivation.

Restrictive Use

Please see our Acceptable Use Policy.

Unilateral Service Revocation

In the event that Joyomi LLC may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, Joyomi LLC may immediately discontinue such service to the Customer without liability. This includes failure to pay, illegal activities and/or unsolicited email.

Indemnification

The Customer shall indemnify and hold harmless Joyomi LLC from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs, and expenses that may be initiated against Joyomi LLC and Joyomi LLC’s officers, directors, and employees for any service provided to Customer by Joyomi LLC to include content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

Changes in Terms of Agreement

Joyomi LLC reserves the right to make changes to the terms and conditions of this Agreement at any time including service pricing, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has paid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

Entire Agreement and Understanding

This document and services constitute the entire Agreement between the parties and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

Relationship

The parties hereto are independent entities, and nothing contained in this Agreement shall be construed to constitute the Customer as an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.”

Governing Law

This Agreement shall be governed by the laws of the state of California, United States of America. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

Severability

In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable, or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.

Confidentiality

The Customer acknowledges that any information not generally known by or disclosed to the public, including but not limited to computer programs, source code, algorithms, and inventions, is the property of Joyomi LLC and may not be utilized or released without the express written permission of Joyomi LLC.

Interpretation

The format, words, and phrases used herein shall have the meaning generally understood in the telecommunications, software, and internet industries.  This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By placing an order telephonically, in writing, and/or electronically, the Customer agrees to these terms.