Terms and Conditions

Definitions and Legal References

This Website (or this Application): The property that enables the provision of the Service.

Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.

Owner (or We): Average Joe’s Hosting – The natural person(s) or legal entity that provides this Website and/or the Service to Users.

Service: The service provided by this Website as described in these Terms and on this Website.

Terms: Provisions applicable to the use of this Website and Services in this or other related documents, subject to change from time to time, without notice.

User (or You): The natural person or legal entity that uses this Website.

This document is an agreement between You and Average Joe’s Hosting.

You acknowledge and agree that by accessing or using this website or using any services owned or operated by this website, you have agreed to be bound and abide by these Terms of Service (“Terms of Service”), our Privacy Notice (“Privacy Notice”), and any additional terms that apply.

These Terms Govern

• The conditions of allowing the use of this website, and,
• Any other related Agreement or legal relationship with the Owner in a legally binding way.

Capitalized words are defined in appropriate sections of this document.

The User must read this document carefully.

If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this website.

This Website is Provided By:

Average Joe’s Hosting
30 N Gould St
Ste R
Sheriden, WY 82801
United States

Owner contact email: helpme@averagejoeshosting.com or through the Average Joe's Hosting Portal located at https://averagejoeshosting.com/portal/

Summary of What the User Should Know

Terms of Use: Single or additional conditions of use or access may apply in specific cases and are additionally indicated within this document.

By using this Website, Users confirm to meet the following requirements:

Content on this Website

Unless otherwise specified, all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights. However, it’s not always possible to achieve such a result. In such cases, the User is requested to report complaints using the contact details specified in this document.

Rights Regarding Content on this Website – All Rights Reserved: The Owner reserves and holds all intellectual property rights for any such content. Users may therefore not use any such content in any way that is not necessary or implicit in the proper use of the Website/Service.

Access to External Resources

Through this Website, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable law, regulations, or third-party rights.

User Account Responsibility

Users are responsible for maintaining the confidentiality of their account credentials and for any activities that occur under their account. Users agree to notify the Owner immediately of any unauthorized use of their account or any other breach of security.

Refund Policy

Unless otherwise stated, all sales are final. Refund policies for specific services or products will be detailed at the point of sale.

Modification of Services

The Owner reserves the right to modify or discontinue the service, either temporarily or permanently, with or without notice to the User. The Owner will not be liable to the User or any third party for any modification, suspension, or discontinuance of the Service.

Data Backup

Users are encouraged to maintain their own backup of their data. The Owner is not responsible for data loss, including but not limited to data loss resulting from system outages, server failures, or user errors.

Liability and Indemnification

Australian Users

Limitation of Liability:

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted, or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties:

This Website is provided strictly on an “as is” and “as available” basis. Use of the Service is at User’s own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that the content is accurate, reliable, or correct; that the Service will meet User’s requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at User’s own risk and Users shall be solely responsible for any damage to User’s computer system or mobile device or loss of data that results from such download or User’s use of the Service.

The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with User’s web browser, mobile device, and/or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of Liability:

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, be liable for:

• Any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• Any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein;
• Any errors, mistakes, or inaccuracies of content;
• Personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
• Any unauthorized access to or use of the Owner’s secure servers and/or any and all personal information stored therein;
• Any interruption or cessation of transmission to or from the Service;
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
• The defamatory, offensive, or illegal conduct of any User or third party.

In no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 12 months, or the period of duration of this agreement between the Owner and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Owner has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Waiver of Liability for User Data

By using this Website and the Services provided, Users acknowledge and agree that they have complete control over their data, including but not limited to the data they upload and the security settings they configure. Users are solely responsible for the security and integrity of their data. The Owner's liability is strictly limited to the servers and architecture provided. Users can enhance the security of their data by purchasing and using additional products and services from the Owner and third-party providers. The Owner shall not be liable for any data loss, security breaches, or any other damages related to the User’s data.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
• User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• Any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
• User’s willful misconduct; or
• Statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent allowed by applicable law.

Common Provisions

No Waiver:

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption:

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (e.g., labor actions, infrastructural breakdowns, or blackouts, etc.).

Service Reselling:

Users may not reproduce, duplicate, copy, sell, resell, or exploit any portion of this Website and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling program.

Privacy Policy:

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.

Intellectual Property Rights:

Any intellectual property rights, such as copyrights, trademark rights, patent rights, and design rights related to this Website are the exclusive property of the Owner or its licensors. Any trademarks and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with this Website and/or the Service are the exclusive property of the Owner or its licensors. The said intellectual property rights are protected by applicable laws or international treaties related to intellectual property.

Changes to These Terms:

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The User’s continued use of the Website and/or the Service will signify the User’s acceptance of the revised Terms. Failure to accept the revised Terms may entitle either party to terminate the Agreement. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

Assignment of Contract:

The Owner reserves the right to transfer, assign, dispose, or subcontract any or all rights under these Terms. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts:

All communications relating to the use of this Website must be sent using the contact information stated in this document: helpme@averagejoeshosting.com or through the Average Joe's Hosting Portal located at https://averagejoeshosting.com/portal/.

Severability:

Should any of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU Users:

Should any provision of these Terms be or be deemed void, invalid, or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid, or unenforceable parts. In case of failure to do so, the void, invalid, or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity, or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

US Users:

Any such invalid or unenforceable provision will be interpreted, construed, and reformed to the extent reasonably required to render it valid, enforceable, and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

Governing Law:

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers:

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of Jurisdiction:

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers:

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

Last Updated: August 7, 2024