TechieJon guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month.
If we fail to meet our Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
Credits are available only for future services/invoices and will not be issued as refunds.
All credit requests must be sent no later than the tenth (10th) day of the month following the SLA violation. Credits are issued based on the uptime for the previous calendar month only. For example, if you experienced less than 99.9% uptime in the month of November, you would need to submit your request for credit no later than December 10th. Requests not submitted within the required timeframe will not be accepted - no exceptions.
The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: Scheduled Maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer fault/error, issues with customer ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control.
TechieJon's SLA policy does NOT apply to services such as: Static IP Addresses, SSL Certificates, Domain Registrations or Domain Transfers.
We reserve the right to deny any credit request for any or no reason.
This Acceptable Use Policy ("AUP") governs the use of TechieJon's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and TechieJon regarding the interpretation of this AUP, TechieJon's interpretation, in its reasonable commercial judgment, shall govern.
You may not publish or transmit via TechieJon's service any content that TechieJon reasonably believes:
Content "published or transmitted" via TechieJon's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any service provided by TechieJon.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
As TechieJon is registered and located within the United States of America, we are required to follow any and all US laws. This provision applies to all Services provided and maintained by TechieJon, whether located within the US or other countries.
Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all TechieJon customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. The Company reserves the right to suspend or terminate Services on any account that, at our sole discretion, is abusing server resources. Such suspension or termination can occur at anytime without prior warning, and for any or no reason.
Any and all abusive actions directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company's sole discretion, suspension or termination of Services without refund, with or without notice. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or chargeback.
All accounts are subject to the following restrictions on storage space usage:
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it.
You must comply with the rules of any other network you access or participate in using your TechieJon's services.
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
TechieJon will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the TechieJon network.
TechieJon is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the TechieJon network.
You may not engage in illegal, abusive, or irresponsible behavior, including:
This is a Master Service Agreement (MSA) between clients of and TechieJon LLC to document:
This Agreement is valid from 1/1/2019. Review is every year, or as otherwise needed or requested.
The TechieJon LLC and Client SLA:
|Consulting||Advising, planning, training, or oversight of Technology services or client staff. Can also include working with client vendors|
|Installation||Initial placement and setup, or location of, equipment or related materials|
|Maintenance||Routine (usually scheduled) preventative work, adjustment, or upgrade to equipment and or related materials.|
|Projects||Planning, design, preparation, implementation, and documentation of a change or addition to the clients systems. Usually requires consulting.|
|Repair||Making adjustments or replacement of a system or equipment that is not functioning correctly or|
|Emergency||Any service provided at less than 8 hours notice. This could be as a result of disaster, accident, or outside influence.|
Anything not defined in this SLA is currently undefined which means it may not be supported by TechieJon LLC..
The following basic assumptions are made regarding TechieJon LLC services:
Responsibilities and/or requirements of TechieJon LLC in support of this agreement include:
Customer responsibilities and/or requirements in support of this Agreement include:
A service request means a request is made by a client to TechieJon LLC for a service. There are several methods of contacting TechieJon LLC for all requests.
Requests made via the web interface will be processed Sunday through Saturday between 8:00am and 9:30pm. Emails received during off hours will be processed the next day.
Phone messages may be left at anytime. Messages will be responded to within 4 hours by email, or phone.
Email requests are processed Sunday through Saturday between 8:00am and 9:30pm. Emails received during off hours will be processed the next day.
Onsite work to be performed from 9:00am to 5:00pm Monday through Friday requires advance planning, (minimum 48 hours) and is subject to availability.
Work performed as a result of unforeseen circumstance or occurrence that requires a response of less than 8 hours may be considered emergency service. This is performed based on availability. Some services may be performed without notice if an agreement is in place fo disaster services. TechieJon LLC cannot guarantee the availability of a onsite or remote worker, or notification from TechieJon LLC technician in the vent of disaster..
For all requests, the TechieJon LLC goal is to have a team assigned and acknowledge requests within 4 business hours of receipt. Acknowledgement may be as simple as a email notifying you when we are able to respond.
All issues will be resolved as expeditiously as possible. Variations in the complexity and range of issues prevent any reasonable blanket estimate of resolution time. Customer response in a timely manner is also essential to achieve the quickest resolution. Your assistance in this is greatly appreciated. If we do not receive a response from a customer within 3 business days, we will close the ticket.
A response is defined as communication to either resolve the issue or provide an estimate for when service can be provided. Response is not the same as resolution. Resolution times depend on the complexity of the issue.
Target response time for incidents, which are defined as an interruption of normal functioning of a service or system causing work to be stopped or impaired, is within 4 hours of receipt. Actual response times may vary due to multiple requests.
Target response time for service requests, such as a request to install new equipment, may take up to 2 business days. Actual response times may vary.
Customers can request escalation of the priority and response time by contacting the Help Desk to further explain the urgency of their request. If further escalation is needed, the customer should contact Jon Smith at 920.385.9566
To provide feedback regarding the level of service on a request or incident, contact Jon Smith at 920.385.9566
TechieJon LLC works to minimize unintended service disruptions or other impacts to the client as a result of changes in production services users depend on to complete business tasks and processes.
TechieJon LLC does this by monitoring, managing, and evaluating changes to maximize the service benefit to the customer, while minimizing the risks involved in making those changes.
There are two categories of service outages:
A maintenance window is a defined period of time during which planned outages and changes to production services and systems (see definition above) may occur. The purpose of defining standard maintenance windows is to allow clients of the service to prepare for possible disruption or changes.
Planned outages will be performed outside of regular business hours when possible. Outages will not be scheduled during defined blackout periods. It is the responsibility of customers to make TechieJon LLC aware of blackout periods. These are stored on the TechieJon LLC maintenance calendar and include common events in the academic calendar, such as:
TechieJon LLC generally does not purchase hardware or equipment for clients. The following are examples
TechieJon LLC does offer some services on a annually billed basis. That could include
Exceptions to the cases listed above
TechieJon LLC provides services that involve sensitive equipment and data. TechieJon LLC accepts no liability for loss of revenue or work time in relation to work performed or failure to perform.
TechieJon LLC is available for response to a disaster. This is done on a best effort basis and guarantee is expressed or implied that a response will occur in a specific time frame.
Monitoring devices and services, both 3rd party and owned or operated by TechieJon LLC, are offered on a best effort basis. These services are designed as a detection or advanced warning of a problem. Some problems cannot be prevented. TechieJon LLC cannot be held liable for loss of revenue, damages, or remediation of these problems. TechieJon LLC is not responsible for failure of a 3rd party service related to these monitoring systems
By requesting work performed by TechieJon LLC you agree to our standard billing terms.
10. Reviewing and Reporting
The Designated Review Owner (“Document Owner”) is responsible for facilitating annual reviews of this document. Contents of this document may be amended as required, provided mutual agreement is obtained from the primary stakeholders and communicated to all affected parties. The Document Owner will incorporate all subsequent revisions and obtain mutual agreements / approvals as required.
Designated Review Owners: Jon Smith
Previous Review Date: 9/12/2019
Next Review Date: 9/1/2020
This Agreement is posted to the following location and made accessible to all stakeholders: https://techiejon.com/index.php/terms-of-use
Web Hosting Service Agreement
This Web Hosting Agreement (this "Agreement") is between TechieJon LLC, an LLC formed under the laws of the State of Wisconsin with its principal office 1144 E Northwood Dr, Appleton WI 54911. ("TechieJon") and the person (individual or legal person or legal entity) whose signs TechieJon's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of TechieJon's Web Hosting service.
Subject to the terms of this Agreement, and contingent on Customer's satisfaction of TechieJon's credit approval requirements, TechieJon agrees to provide the web hosting services described in the Order for the fees stated in the Order.
The initial service term of the Agreement shall begin on the date that TechieJon generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall annually, beginning on the Service Commencement Date. TechieJon may require payment for the first billing cycle before beginning service. Fees are due in accordance with the service agreement on ww.techiejon.com.
Payments must be made in United States dollars. Customer is responsible for providing TechieJon with changes to billing information. TechieJon may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay TechieJon's reasonable reinstatement fee following a suspension of service for non-payment, and to pay TechieJon's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases.
TechieJon may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
At TechieJon's request Customer shall remit to TechieJon all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on TechieJon); regardless of whether TechieJon fails to collect the tax at the time the related services are provided.
Refunds are only valid on the the initial term for web hosting packages, must be request in writing within 30 days of payment for said services.
(f) Early Termination.
Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event TechieJon terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for TechieJon's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Customer agrees to use the service in compliance with applicable law and TechieJon's Acceptable Use Policy posted at http://www.TechieJon.com. (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that TechieJon may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of TechieJon's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with TechieJon's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between TechieJon and Customer regarding the interpretation of the AUP, TechieJon's commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to TechieJon that the information he, she or it has provided and will provide to TechieJon for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to TechieJon that he or she is at least 18 years of age. TechieJon may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless TechieJon, TechieJon's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
TechieJon DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW TechieJon DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF TechieJon AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
(a) Suspension of Service.
Customer agrees that TechieJon may suspend services to Customer without notice and without liability if: (i) TechieJon reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) TechieJon reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay TechieJon's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if TechieJon fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by TechieJon prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (3) days of a written notice from TechieJon describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Customer agrees that TechieJon may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that TechieJon believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by TechieJon notwithstanding any agreement by TechieJon to provide back up services.
Upgrades and other changes in TechieJon's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. TechieJon reserves the right to change its network in its commercially reasonable discretion, and TechieJon shall not be liable for any resulting harm to Customer.
Notices to TechieJon under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.TechieJon.com Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
TechieJon shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond TechieJon's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN HARRIS COUNTY, TEXAS, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on TechieJon unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without TechieJon's prior written consent. TechieJon's approval for assignment is contingent on the assignee meeting TechieJon's credit approval criteria. TechieJon may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.
TechieJon.com reserves the right to refuse service to any active or in-active customers for any reason it deems necessary.
WHO WE ARE
TechieJon LLC d.b.a. TechieJon is an Limited Liability Corporation in Wisconsin, USA.
Our website address is: https://www.TechieJon.com.
WHAT PERSONAL DATA WE COLLECT AND WHY WE COLLECT IT
We collect customer contact information from the registration form. We will never provide or sell any information to third parties.
This information can be used:
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
EMBEDDED CONTENT FROM OTHER WEBSITES
HOW LONG WE RETAIN YOUR DATA
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
WHERE WE SEND YOUR DATA
We do not share any website data outside of our company.