Terms and Agreements

Being a client/member of Jolly Works Hosting binds you to the following terms and agreements. We are strict to these terms so please check them as often you can for there are cetain instances that we are changing some of the contents without prior notice.

LAST CHANGES: December 31, 2009, 12:38PM (UTC/GMT+8).

Content Restrictions
Spam and Bulk Emails
Policy Violations
Account Termination/Suspension/Deactivation
Reactivation
Unauthorized Usage
Resource Usage
Idle Timeouts
Abusive Clientele
After Order
Payments
Refunds
Free Domains
Backup and Server Reliability
Privacy Policy
Affiliate Terms

CONTENT RESTRICTIONS

There are restrictions as to what you can upload to our server.
What is NOT allowed:

Copyrighted media, without authority to distribute or display
Unlicensed applications (Nulled scripts/software)
Cracking programs, Warez, or key generators
Pornography or non-artistic nude images
Obscene, disturbing images and content
Hateful, bullying, harassment, or harmful content
Proxy scripts
IRC Bots/Scanners
PHPizabi and YaBB Forums scripts are absolutely NOT allowed to be on our server.
Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
Terrorist propaganda, racist material, or bomb/weapon instructions
Virus/Virii, Spyware, Malware, or other infectious material
Material protected by trade secret or other statute

Legal adult content is permitted on all Jolly Works Hosting product lines. The viewing/downloading or possession of such information/data by Jolly Works Hosting clientele is not governed by Jolly Works Hosting policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

If restricted content is found on your account, Jolly Works Hosting reserves the right to remove/suspend/terminate your account without prior notice, depending on the severity and nature of the offense.

SPAM AND BULK EMAIL

Jolly Works Hosting refuses to tolerate any approach to the sending of Unsolicited Commercial Email (UCE) or SPAM through our network and services. Customers of Jolly Works Hosting may not use or permit others to use our network, including our third party networks, to partake in UCE or SPAM distribution. Customers of Jolly Works Hosting may not host or permit hosting of sites or information that is advertised by UCE or SPAM sent from other servers or networks.

Users who maintain email lists, or send emails to more than 10 recipients at a time, or send more than 1,000 emails in a 30-day period must maintain complete and accurate records of all consents and opt-ins and provide such records to Jolly Works Hosting upon its request and allow any party sent email to remove itself automatically and permanently. If a user cannot provide positive and verifiable proof of such consents and opt-ins, Jolly Works Hosting will consider the mass mailing to be unsolicited and take appropriate action to ensure the quality of our network, including our third party networks.

Other prohibited activities related to email include, without limitation, the following: (i) Use of Jolly Works Hosting for the receipt of replies to unsolicited mass e-mail; (ii) Forgery of e-mail headers (“spoofing”); (iii) Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software; (iv) Configuration of any server to accept and process third-party messages for sending without verified user identification and authentication (open-relay mailers); (v) Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”); (vi) Hosting web pages or providing services that support bulk emailers or SPAM; (vii) Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, USENET posts, pop-up messages, instant messages, or SMS messages; (viii) configuring or altering a server in such a way as to defeat remote anti-SPAM filters such as trying to send emails out multiple IP addresses on the same server, or using invalid or recently registered domain names to mask the true identity of your emails; (ix) use of any email address on a mailing list that was not opt-in verified by the same IP address and domain used to send outbound emails.

SPAM Complaint Processing fees - A service fee of $50 per spam complaint will be applied for SPAM complaints that are processed by or sent to Jolly Works Hosting as a result of violations of these Terms of Service. A service fee of $125/hour will apply for investigation and corrective work performed by Jolly Works Hosting to resolve SPAM violations.

IP Blacklisting Removal fees - If, as a result of a Customer's actions, Jolly Works Hosting's mail servers or IP address ranges are placed on email black hole lists or other mail filtering software system list, Jolly Works Hosting shall charge Customer $250 upfront and $125 per hour thereafter for any necessary investigation and corrective work.

Policy Violations

Jolly Works Hosting may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The Jolly Works Hosting Abuse Dept makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Jolly Works Hosting staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Note: It is extremely important to ensure that the email address on record with the Jolly Works Hosting Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

ACCOUNT TERMINATION/SUSPENSION/DEACTIVATION

Jolly Works Hosting has the right to terminate and/or suspend your account, with or without notice, based on a violation of our policy. If any terms or conditions are failed to be followed, the client risks service suspension or termination. If Jolly Works Hosting deactivates/suspends an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

REACTIVATION

If a service is suspended, the client will be required to pay a reactivation fee, with Jolly Works Hosting at it's discretion of $50.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by Jolly Works Hosting.

Unauthorized Usage

In any case involving unauthorized parties utilizing a Jolly Works Hosting service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. Jolly Works Hosting may opt to disable all services until the client can perform such an investigation. If the technical support of Jolly Works Hosting is required for the investigation, the client agrees to compensate Jolly Works Hosting at a rate of $65/hour for such services performed, if such services are not included in the client's current service package.

In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

Requesting kernel updates
Applying application patches

Additionally, Jolly Works Hosting will not be responsible for securing third-party applications.

The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply. Certain clientele, such as those with Maximum Admin™ fully managed support services, may be entitled to a higher level of support than those clientele with only basic management included with their service(s). The above unauthorized usage responsibilities may differ for such clientele. Further details of technical support provided can be found in the Jolly Works Hosting Managed Services Definition and Backup Policy.

Resource Usage

Jolly Works Hosting will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth: Overage fees will apply to any service utilizing more than it's assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Jolly Works Hosting may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage: Basic Dedicated servers are installed on 100MBPS unthrottled ports, unless service is sold as a specified port size (ie...10MBPS UNMETERED) or specified/requested as a capped port. Jolly Works Hosting reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Jolly Works Hosting clientele, Jolly Works Hosting reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering: Jolly Works Hosting reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unmetered: Services advertised/sold as "UNMETERED" will not be subject to bandwidth overage fees. Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. Burstable usage of the UNMETERED service/port is permitted, however, a service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan. UNMETERED service is supplied on a "best-effort" basis---which may result in some slowdowns during peak traffic times.

Shared/Reseller Hosting: Jolly Works Hosting is pleased to offer our Virtual Hosting clientele unlimited traffic/hits and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the alotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Jolly Works Hosting may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Virtual Private Servers (VPS): To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Jolly Works Hosting may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Backup Service: To maintain the integrity of our service, Jolly Works Hosting may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (httpd), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers.

Idle Timeouts

Jolly Works Hosting may disconnect any idle connection to the network.

Average timeouts are:
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet/SSH - 2 hours

Abusive Clientele

Jolly Works Hosting may at it's discretion suspend or terminate service of any client that is abusive/harassing to Jolly Works Hosting services, Jolly Works Hosting Technical Support Scope, and/or Jolly Works Hosting employees. Examples of such activity include, but are not limited to:

Jolly Works Hosting Technical Support Scope includes:

Jolly Works Hosting Technical Support Scope does not include:

AFTER SENDING YOUR ORDER

Since January 2010, all orders are electronically processed by our Billing System. Always check the email address you used when ordering for we will be communicating with you via email.

Please take note that email address with prefixes of @jollyworks.net, @jollyworkshosting.com, and @jollyworkshosting.info, are the only accredited email address which will inform you about the progress of your order. jollyworkshosting@gmail.com and darkkean@live.com are also used in case of emergencies and mail server breakdown. Other email address will not be honored by Jolly Works Hosting.

PAYMENTS

Payments must be sent within seven days after ordering a plan.

> For clients who used Paypal as their payment method, you can view your invoice at your Client Portal account page.
> For For clients who used BDO, UNIONBANK and GCASH as their payment method, details will be sent to your email address.

We give alerts to our clients atleast 7 days ahead before their next payment. Due payments should be paid within the next 3 days, otherwise your account will be suspended or terminated. Please check your email address or Jolly Works Client Area for regular alerts of your due payments.

We only accept payments from Paypal, Banco De Oro (BDO) bank deposits, Unionbank bank deposits, Bank of the Philippine Islands (BPI) Bank Deposits, Globe G-Cash, Unionbank EON Transfer, and Xoom Global Money Transfer.

REFUNDS

Jolly Works Hosting guarantees a 7-day money back policy to all new client. This applies to all packages of Shared Hosting, Reseller Hosting, VPS, Dedicated Server, and Wordpress Hosting Starter only. This policy ensures that if it happens that you don't like our service in the given period of time, you may contact our support department to ask for a refund ONLY within the seven days period. After the seven days period ended, refunds will not be entertained anymore.

Extended Policy Limitations

Since our Yearly-paid Shared Hosting packages (except EXperience), and Yearly-paid Reseller Hosting comes with a free domain, total Refund amount for the said packages will be lessen by $10.00. This is to ensure that the client is not taking advantage of the refund policy for his/her domain registration.
VPS and Dedicated Server refunds are only entertained if and only if they experience any of the below mentioned problems:

1. Network/Connection Failure
2. Hardware Failure
3. Software/Licenses Failure

Jolly Works Hosting will refuse to entertain any refund request with reasons other than those above mentioned possible problems (eg: delayed setup time, delayed licensing).
All approved refunds will be released ONLY to the payment method that the client chose when they made their purchase from us. For example, if a client chose PayPal to pay for his/her web hosting plan and he wants to get a refund, Jolly Works Hosting will only send the payment back to his/her PayPal account. We do not accept any reconsiderations.

FREE DOMAINS

Since almost all our plans comes with a free domain, we'd like to make certain policies clear to our clients. After ordering certain yearly plans with us, you will receive a free domain of your choice (new registration or transfer). The free domain will remain in our possession while you are hosted with us. Your domain will only be transferred to you and put in your possession if you a) cancel your account, or b) switched hosts. This policy is to ensure that our clients are not buying hosting packages solely for the domain and are using it within our services while they are hosted with us. If your account is terminated with us due to any violation of policy, you will not be given your domain. It will remain in our possession, in all termination cases.

BACKUP and SERVER RELIABILITY

We are not responsible for server crashes and lost data due to server error. It is the clients responsibility to backup their own files, in case of lost data. We will try to alert clients at least 2 days before a server maintenance or check, to remind them to backup their files.

PRIVACY POLICY

We will never give out, trade, distribute, or sell your information to parties outside of Jolly Works Hosting. Our employees have access to your account information such as name and email for support purposes only. We promise to keep your information safe and secure!

Affiliates Terms

1. Joining the Program
By filling out the signup form you will automatically become an affiliate and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on products purchased by your referral individuals.

2. Revocation of Affiliate Status
Your affiliate application and status in the program may be suspended or terminated for any of the following reasons: Inappropriate advertisements (False claims, misleading hyperlinks) Spamming (mass email, mass newsgroup posting, etc...) Advertising on sites containing/promoting illegal activities Violation of intellectual property rights. Using of Affiliate Link for own use of any Jolly Works Hosting products and services

3. Affiliate Links
You may use graphic and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newpapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions in section 2.

4. Affiliate Tracking
When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.

5. Terms of the agreement
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unnacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.

6. Signup Bonuses / Credits
Upon signing up with our program, you may or may not receive signup bonuses or credits to your affiliate account. These can amount to some form of cash equivalent. These signup bonuses or credits will only be paid out when you have reached the minimum payout amount designated by our Affiliate Program. You cannot redeem these credits for anything else other than what they are, and will not be dispersed until you have generated enough commissions that is equal or greater than the minimum payout amount. If you do not generate any commissions at all within a period of 1 year, our company reserves the right to revoke and cancel any signup bonuses credited to your affiliate account due to lack of performance.

7. Liability
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the affiliate program and/or products sold at this site. We make no claim that the operation of the affiliate program and our website will be error-free and we will not be liable for any interruptions or errors. We will be responsible for providing all necessary information to allow you to make appropriate Link from Your Site to Our Site. We will be solely responsible for processing every order application for Jolly Works Hosting products or services placed by a customer following a Link from Your Site, for tracking the number and amount of sales generated by the Link from Your Site, and for providing information to you regarding commission payments.

We will also be responsible for all the payment processing, cancellations, returns, and related customer service for Jolly Works Hosting services.

We are responsible for establishing commission schedules and payouts of earned Commissions as detailed in Section 8 of this Agreement.

8. Eligiblity and Commissions of Products and Services

All Monthly and Yearly-paid Shared Hosting plans, Reseller Hosting, VPS, and Dedicated Servers are all eligible for referral commissions.

>15% RECURRING Commission applies to all Shared Hosting and Reseller Hosting referrals.
>5% ONE-TIME Commission applies to all VPS and Dedicated Server referrals.
>15% ONE-TIME Commission applies to all Web Design Projects referrals.
>$1 ONE-TIME Commission applies to Wordpress Hosting Stater referrals.

Additional add-ons, domains, digital certificates, email hosting, site builders, and ALL packages currently in promotion or discount are not eligible for earning comissions with Jolly Works Hosting Affiliate.

10. Payments
Jolly Works Hosting reserves the right to modify the commission value of a sold product/service at its absolute discretion to decide not to pay any Commission to you if we believe that any referral has been made in violation of its technical guidelines, due to referral/customer fraud, or due to referral/customer contract cancellation. It is the Affiliate's sole and absolute duty to follow precisely this Agreement and its guidelines at all times.

Jolly Works Hosting is under no obligation whatsoever to pay any Commission to any Affiliate who does not strictly follow this Terms and Agreements. Jolly Works Hosting's determination of the commissions due shall be dispositive.