Terms & Conditions
Our terms of service are designed to be read by the average Joe, so please feel free to read this page carefully prior to ordering services from us, and make sure you understand what it says. It’s a binding contract between Jaffamonkey and you. If you have any questions about what you see on this page, please feel free to contact us at enquiry@jaffamonkey.com or 1-(888)-210-4430.
The Services We Provide
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process. For clarity, on this page, the term “services” refers to the web hosting services that we will provide to you and, if you are an Affiliate, the services we provide to you in connection with that program. The term “Jaffamonkey” or “us” or “we” refers to Jaffamonkey Ltd
Permission to Host Your Content
For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
Personal Information
When you place an order for our services, your personal information, including your credit card information, is transmitted via the use of Secure Socket Layer technology, the industry standard for encrypting sensitive information. We take your privacy very seriously, and as such, will not sell your personal information to third party (other than a company that may purchase Jaffamonkey), and will take reasonable steps to keep it from being disclosed to any third party. Read more in our Privacy Policy, below.
Anytime Money-Back Guarantee
As we explain in this paragraph, we offer you an Anytime Money-Back Guarantee on all shared hosting plans. And here is how our cancellation policy works. It is very simple.
If you cancel your account we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up, and excluding domain registration fees. (Even if you received your domain for free through one of our promotional plans)
The domain registration fee we incur on each domain registration is $20.00. So all refunds are subject to a $20.00 registration fee charge, but you will own the domain name afterwards.
The only way to cancel your account is by emailing our billing team at enquiry@jaffamonkey.com.
Please note: Any account upgrades to hosting services such as additional domain registration, Priority Support, Jaffamonkey Directory, Daily Backup, Dedicated IP, Domain Privacy, Private SSL certificates and Shell Access are non-refundable.
In addition, we do not offer refunds on dedicated server plans as they are month to month and there are no contracts involved.
Jaffamonkey also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.
Automatic Renewal
When you sign up, your Jaffamonkey account will be enabled with autorenewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to https://billing.supergreenhosting.com, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. Your account renew dates are always listed in https://billing.supergreenhosting.com.
If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Jaffamonkey shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Jaffamonkey’s policy when it comes to data retention, and waive all rights in and to your data in these situations.
Backups
We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service.
Acceptable Use/Illegal Activity
Jaffamonkey strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card “phishing” techniques are also prohibited.
Hosting of files or other data that infringes on another’s copyright or other intellectual property rights.
Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
Uploading or linking to any content that violates another’s right of publicity or privacy.
Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
Hosting large amounts of data not specifically tied (“linked”) to your hosting account. Jaffamonkey Ltd. encourages users looking for file storage/backup solutions to seek other services that specialize in this.
Content
All services provided by Jaffamonkey may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Jaffamonkey from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@Jaffamonkey.com with the information required.
Examples of unacceptable material on all Shared servers include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Jaffamonkey server.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
Jaffamonkey services, including all related equipment, networks and network devices are provided only for authorized customer use. Jaffamonkey systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Jaffamonkey system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at abuse@supergreenhosting.com and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server’s CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read www.Jaffamonkey.com/mail-policy for our generalized mail policy. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. Jaffamonkey reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. Jaffamonkey reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Jaffamonkey.
Resource Usage
User may not:
Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
By mail:
Management
Unit A2, Segensworth Business Centre
Segensworth Road
Fareham,
PO15 5RQ
United Kingdom
By phone: 888-210-4430
By email: enquiry@jaffamonkey.com
Indemnification
If Jaffamonkey Ltd. is sued or threatened with a lawsuit from a third party because of something you do with the services, or as an affiliate you agree to pick up the tab if Jaffamonkey Ltd. is found liable or pays to settle the dispute. In legal terms, this is called “indemnification.” Not only do you agree to reimburse Jaffamonkey Ltd. for what it pays to satisfy a judgment or settle a case, you also agree to pay Jaffamonkey Ltd.’s reasonable attorney’s fees and all other costs Jaffamonkey Ltd. incurs in defending itself.
Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. Jaffamonkey Ltd. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Jaffamonkey Ltd. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. Jaffamonkey Ltd. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, Jaffamonkey Ltd. cannot be held liable for it. IN NO EVENT SHALL Jaffamonkey Ltd. BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Jaffamonkey Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of Jaffamonkey Ltd. due to your enrollment in the affiliate program,
Terms Applicable to Affiliates
If you become an affiliate of Jaffamonkey Ltd., the following terms apply to you.
Our Affiliate Network
To participate as an affiliate, you are required to complete an affiliate application located at www.supergreenhosting.com/affiliates. The application will be evaluated, and we will notify you in a reasonable time whether your application has been accepted. At our discretion, we may decide for any reason that your site cannot participate in our network. If you are a U.S. resident, we will require that you provide us with your Social Security Number or Tax ID number. We do not require this information for international affiliates.
How it Works
We provide our affiliates with a unique tracking code. This code must be placed in the HTML of your website and when clicked on will direct visitors to your site to www.supergreenhosting.com/affiliates or one of our other websites. If the visitor to your site places an order in the following 365 days from the same computer (cookie tracking) or the same Internet connection (ip tracking), our automated system will track the sale and automatically credit your account.
In order for automated tracking to be successful the visitor must have clicked on your tracking pixel, have cookies and JavaScript enabled in their browser, not clear cookies or switch Internet Service Providers before placing your order. If the automated tracking fails for any reason and you wish to earn commission for this referral you must contact Jaffamonkey Affiliate Support at affiliates [at] supergreenhostin.com. When you contact us, please include the domain name, full name, and e-mail address of the customer you referred plus your unique affiliate URL so we may locate your account. The date and time of the order would also be helpful. Whether or not you are able to provide this specific information there is no guarantee we will be able to issue a credit to your account. We will investigate any missed commissions to the best of our ability and if our investigation concludes in your favor then account credit (applicable to any Jaffamonkey account) may be offered instead of the sum of $60 USD.
Commissions
Commissions will be paid to affiliates based on successful referrals. A successful referral, or sale, is defined as: a non-fraudulent, active for a period of thirty (30) days, not cancelled web hosting client who has paid for services in full and has been directed to us through your affiliate tracking link.
Because of the high frequency of credit card fraud and cancellation rates, we reserve the right to hold commissions for up to 60 days for verification. We also reserve the right to cancel commissions in the event that we are unable to collect funds, the order is fraudulent, the customer cancels within the first 30 days, or if we learn that the commission was earned improperly for any other reason. Affiliates are NOT permitted to offer coupon codes except those that are automatically entered on the Jaffamonkey sign up page i.e “BestHosts2008” and FreeDomain4Life”. If a coupon code is entered within an order of a referral then credit for the sale may not be issued.
There are two pay periods during every month. Pay periods are two weeks long. The first pay period is from the 1st of the month until the 15th. The second is from the 16th of the month to the last day of the month. Jaffamonkey Ltd. will process affiliate commissions for the past month period before this on these dates and issue payments. For example: On January 5th you earn $500 via the Jaffamonkey Affiliate Programs. The commission becomes mature 30 days after we track it, or in this case on February 5th. The next pay date is February 16th, so on February 16th you would be paid for these referrals. This time frame allows us to evaluate every order and assess its validity. In the event we are unable to verify the order during this time frame, we may, at our sole discretion, hold your commission or cancel the order. Cancelled commissions cannot be reinstated.
Base Commissions
Commission rates are posted on www.supergreenhosting.com/affiliates and will be updated from time to time. If you have received a custom commission from us in exchange for a large number of referrals, then Jaffamonkey Ltd. may modify your account settings to reflect this. We consider custom commissions for any affiliate who is able to send five (5) or more new customers per month. Our various programs are managed by various affiliate managers, which can be found at www.supergreenhosting.com/affiliates
2nd Tier Program
Our 2nd Tier Program allows any Jaffamonkey Ltd. affiliate to refer other affiliates and earn a portion of their earnings. For example: Affiliate A refers affiliate B to Jaffamonkey Ltd.. Affiliate A will earn 5% of Affiliate B’s earnings. If Affiliate B earns $100 in commissions, Affiliate A will also earn $5. In order to be considered a 2nd Tier affiliate, the affiliate must join using your personal 2nd Tier tracking link. This link and a list of your 2nd Tier affiliates can be found in the affiliate system under Ô2nd TierÕ tab at the top.
Affiliate Support Services
Jaffamonkey Ltd. will provide reasonable support services to affiliates. Certain affiliates who have demonstrated a high level of volume will be assigned dedicated account managers. In most cases, affiliate managers are assigned based on the brand which you are promoting.
Term of the Agreement
The term of this affiliate agreement will begin upon our acceptance of your affiliate program application, and will end when terminated by either involved party. Either party may terminate the affiliate relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to affiliates@supergreenhosting.com Once terminated, you will not be eligible to receive commissions for any future referrals.
Governing Law and Choice of Form
The laws of United Kingdom will govern this Agreement, without reference to rules governing choice of laws.
This agreement becomes effective once you submit your order with us or open an account with us for web hosting services of any kind (dedicated, vps, shared, etc.) or open an affiliate account at www.supergreenhosting.com/affiliates. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.
By using Jaffamonkey Ltd. you agree to the above terms of service.
