Just Host, hereafter referred to as Just Host Website Transfer, provides the following terms
of service. By using Just Host's service(s) you, hereafter referred to as Client, agree
to the following terms and conditions. This document outlines the terms and conditions
of Just Host's services, hereafter referred to as Service, the obligation of the Client
and the obligation of Just Host. Please review this document carefully before requesting
Just Host's Service. Just Host Website Transfer provides its Service to the Client as
subject to the following Terms of Service, hereafter referred to as TOS. The TOS may
be updated at any time without notice to the Client.
Refusal of Service
Just Host Website Transfer reserves the right to refuse service to anyone for any reason.
This includes, but is not limited to, refusal to serve clients whose sites contain content
deemed adult related, sexual products, nudity, persecution, slander, illegal activities,
illegal goods or drugs, information used to harm any people or animals, or information
used to destroy other peoples intellectual property.
Just Host Website Transfer will not use or disclose to others without Client's written consent
Client's confidential information, except when reasonably necessary to perform the Service
under this Agreement. "Confidential information" includes, but is not limited to:
The written, printed, graphic or electronically recorded materials furnished by Client
for use by Just Host
Client's business plans, customer lists, operating procedures, trade secrets, design
formulas, know-how and processes, computer programs and inventories, discoveries
and improvements of any kind
Any written or tangible information stamped "confidential," "proprietary" or with
a similar legend, and
Any written or tangible information not marked with a confidentiality legend, or
information disclosed orally to Just Host, that is treated as confidential when
disclosed and later summarized sufficiently for identification purposes in a
written memorandum marked "confidential" and delivered to Just Host Website Transfer
within thirty days after the disclosure.
Just Host Website Transfer shall not be restricted in the use of any material which
is publicly available, already in Just Host' possession or known to Just Host
Website Transfer without restriction, or which is rightfully obtained by Just
Host Website Transfer from sources other than Client.
Just Host's obligations regarding proprietary or confidential information extend
to information belonging to customers and suppliers of Client about whom Just
Host Website Transfer may have gained knowledge as a result of Just Host's Service
Just Host Website Transfer will not disclose to Client information or material that
is a trade secret of any third party.
The provisions of this clause shall survive any termination of this Agreement.
Please see our privacy and non-disclosure policies for additional information.
Just Host Website Transfer may transfer information about Clients if Just Host Website
Transfer is acquired by or merged with another company, in which case Just Host
Website Transfer will notify Client.
Client understands and agrees to the following scopes of responsibility of Just Host Website
Transfer according to each service which it provides:
The Website Transfer includes the migration of Client data, specified as files, databases
and and email accounts, to the extent paid for by Client according to Just Host's
current migration service pricing. This service is provided "AS-IS" and Just
Host Website Transfer assumes no responsibility for the errors, omissions, or
other problems related to the Website Transfer Service.
This service provides as place of storage for Client's data for the stated period
of time which the Client chooses upon signing up for this service. Just Host
Website Transfer assumes no responsibility for any loss or corrupted data caused
by or in connection with this service.
Duties of Client
Client must supply to Just Host Website Transfer at the time of entering this Agreement information
required to access and complete the Service in this Agreement. This includes but is not
limited to, Internet Protocol (IP) address of server, completion of authorization statement,
password and other information required to complete the Service. Client shall inform
Just Host Website Transfer of any existing errors, previous conditions, configuration
changes, non-standard software, special circumstances or other reasons why the server
may not be of a standard configuration or otherwise interfere with Service to be performed
by Just Host, failure to do so negates all responsibility of Just Host Website Transfer
to complete the Service. In the event that a Client with an open project does not make
contact, by phone or by email, with Just Host Website Transfer for a length of time equal
to or greater than fourteen days, said Client's open project will be considered an abandoned
project at that time and marked as completed by Just Host. In addition, the Client must
make known to Just Host, in writing by email, any problems or issues related to the Service
provided by Just Host Website Transfer within fourteen days of order completion if Just
Host Website Transfer is to attempt to fix any errors, after which time the contract
is complete, and no further work can or will be completed by Just Host. Client agrees
by signing up for Just Host's Service that Just Host Website Transfer provides a service
and not a product.
Client agrees to pay fees for any work or consultation which Just Host Website Transfer performs
for them in accordance with Just Host's current pricing.
Website Transfer is a service, not a product. Full refunds are only available if there have
been no services rendered to the Client.
Because the Website Transfer is a service and not a product , full refunds are not available
once any kind of service has been rendered to Client. Just Host Website Transfer prefers
working with customers rather then seeing a Charge Back. If Client will contact Just
Host's billing department instead of issuing a charge back, then Just Host Website Transfer
can work with Client to achieve a desired results or an appropriate compromise. Client
agrees that a maximum amount of fifty percent of the fees charged to Client for the Service
in question during a Charge Back can ever be reimbursed to the Client. Client also agrees
that a seventy-five dollar fee per charge back will be charged as a separate charge for
any Charge Backs that Client issues.
The parties acknowledge that they are independent of each other, and that they have no right
or authority to assume or create any obligations of any kind, whether express or implied,
on behalf of the other except as may be expressly provided in this Agreement. Just Host
Website Transfer is not an employee or agent of Client. Nothing contained in this Agreement
shall be construed to create a partnership, joint venture, agency or employment relationship
between Just Host Website Transfer and Client. Just Host Website Transfer shall have
no responsibility for any of Client's debts, liabilities or other obligations or for
the intentional, reckless, negligent or unlawful acts or omissions of Client or Client's
employees or agents. Client may not bind Just Host Website Transfer in any way whatsoever
with respect to third parties. Just Host Website Transfer retains sole and absolute discretion,
independence, control and judgment in the manner and means of doing business and performing
services to Client and/or its clients. Client agrees to indemnify and hold Just Host
Website Transfer harmless from and against any such payments or liabilities for which
Client may become liable with respect to such matters.
Client agrees that Just Host Website Transfer shall not be responsible or liable, directly
or indirectly, for any damage or loss caused by, or alleged to be caused by, or in connection
with the use of or reliance on any content, goods or Service available on or through
Just Host's website or Service. Client understands and agrees that Just Host Website
Transfer shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits, goodwill,
use, data, or other intangible losses (even if Just Host Website Transfer has been advised
of the possibility of such damages), resulting from: (i) The use or the inability to
use the Service; (ii) The cost of procurement of substitute goods and Services resulting
from any goods, data, information, Service, whether purchased or obtained, or messages
received or transactions entered into through or from the Service; (iii) Unauthorized
access to or alteration of your transmissions or data; (iv) statements or conduct of
any third party of the Service; or (v) any other matter relating to the Service.
These Terms shall be governed by the laws of the State of Utah without reference to conflict
of law principles. The United Nations Convention on the International Sale of Goods shall
not apply and is hereby expressly excluded. By subscribing to or using any of the Services
of Just Host, the subscriber, hereafter referred to as Subscriber, agrees that all disputes,
if any, involving Just Host Website Transfer shall be subject exclusively to the jurisdiction
of the State and Federal Courts within the State of Utah; provided, further, that all
action brought against Just Host Website Transfer in State Court must occur in the Utah
County, Utah and, if in Federal Court, in Salt Lake County, Utah. Subscriber hereby agrees
that it is subject to the "in personam" jurisdiction of said courts for all purposes
in connection with these Terms and/or in connection with any claim or dispute involving
Just Host. Subscriber hereby waives any and all objections that it has or might have,
known or unknown, whether under Utah's long arm statute or otherwise, to the existence
of said in personam jurisdiction. Subscriber agrees that it has no right to and shall
not file or otherwise bring a lawsuit against Just Host Website Transfer outside the
State of Utah; and, that Subscriber, if involved before a court in a lawsuit outside
of the State of Utah, shall be deemed to support and to stipulate to a motion made by
Just Host Website Transfer to dismiss said lawsuit with respect to Just Host.
Copyright, Trademarks, Servicemarks
Justhost.com, the Just Host Website Transfer logo, other Just Host Website Transfer logos,
product and service names are trademarks or service marks of Just Host. Just Host Website
Transfer does not represent or endorse the accuracy or reliability of any of the information,
content or advertisements (collectively, the "Materials") contained on, distributed through,
or linked, downloaded or accessed from any of the Services, nor the quality of any products,
information or other materials displayed, purchased, or obtained by the Client as a result
of an advertisement or any other information or offer in or in connection with the Service
(the "Products"). Client hereby acknowledges that any reliance upon any Materials shall
be at the Client's sole risk. Just Host Website Transfer reserves the right, in its sole
discretion and without any obligation, to make improvements to, or correct any errors
or omissions in any portion of the Service or the Materials.
Just Host Website Transfer reserves all rights to work product. Work product includes, but
is not limited to, the programs and documentation, including all ideas, routines, object
and source codes, specifications, flow charts and other materials, in whatever form,
developed solely for Client. Client agrees that Just Host Website Transfer shall retain
any and all rights Just Host may have in the work product.
The use of the Just Host name, logo, or other identifying features is prohibited. If Client
or anyone else wishes to use the Just Host Website Transfer name or logo, they must have
permission of Just Host.
License to Justhost.com
Justhost.com claims no ownership interest in the content of Subscriber's web site(s). By
submitting content and data to Justhost.com, Subscriber grants to Justhost.com, its successors
and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's
copyrights and other rights, if any, in all material and content displayed in Subscriber's
web site to use, distribute, display, reproduce, and create derivative works from such
material in any and all media, in order to maintain such content on Justhost.com's servers
during the term of these Terms. Subscriber also authorizes the downloading and printing
of such material, or any portion thereof, by end-users for their personal use. This license
shall terminate upon Subscriber's cancellation of the Services.
The Service provided by Just Host Website Transfer is on an "AS-IS" basis, and Just Host
Website Transfer expressly disclaims any and all warranties, express or implied, including
without limitation warranties of merchantability and fitness for a particular purpose,
with respect to the Service or any materials and products. In no event shall Just Host
Website Transfer be liable for any direct, indirect, incidental, punitive, or consequential
damages of any kind whatsoever with respect to the Service, the materials and the products.
Scope of Agreement
This TOS constitutes the entire agreement between the Client and Just Host Website Transfer
and governs the Client's use of the Service, superseding any prior agreements between
Client and Just Host. Client also may be subject to additional terms and conditions that
may apply when the Client uses affiliate services, third-party content or third-party
software. The TOS and the relationship between Client and Just Host Website Transfer
shall be governed by the laws of the State of Utah and the United States of America without
regard to its conflict of law provisions. The failure of Just Host Website Transfer to
exercise or enforce any right or provision of the TOS shall not constitute a waiver of
such right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, Just Host Website Transfer and Client agree that the other
provisions of the TOS remain in full force and effect. Client agrees that regardless
of any statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the TOS must be filed within one month after such claim
or cause of action arose or be forever barred.
Acceptance of Terms of Service
If you (Client), for yourself or on behalf of one or more persons you are representing with
respect to Just Host's Services, do not agree to any of the foregoing terms, you must,
for yourself and on behalf of any such person(s), discontinue the sign-up process, and,
if you have already signed up, discontinue your use of Just Host's Service. Beginning
now, any continuation by you in using the Service constitutes for you and those represented
by you an express affirmation and commitment to be (or to continue to be, as applicable)
legally bound by and to comply with all of these terms.
This file was last modified: February 14, 2019.