PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT JOUDISOFT OFFERS.

  • INTRODUCTION

    joudiSoft, ltd., its affiliates and their successors and assigns (collectively referred to as "joudiSoft") makes available the web hosting and related services described in joudiSoft's published service descriptions subject to these Terms of Service (the "TOS").

    For the purposes of the TOS, the word "you" means the individual requesting one or more services provided by joudiSoft, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request. Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

  • ACCEPTANCE OF TERMS
    • Capacity. You represent and warrant to joudiSoft that you have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside. If you do not have the capacity to enter into a legal agreement in the province, state, territory or country in which you reside, do not request services from joudiSoft unless your parent or guardian enters into the TOS on your behalf.
    • PLEASE READ THE TOS CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY JOUDISOFT, YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS.
    • You represent and warrant to joudiSoft that your use of any service that it provides will not violate any applicable law or regulation in the province, state, territory or country in which you reside. If you are unable or unwilling to do so, do not request services from joudiSoft.
  • YOU
    • Services. The services that you request from joudiSoft by means of the online order form on the Site or otherwise in writing and which joudiSoft agrees to provide subject to these TOS are the "Services".
    • Your Information. You represent and warrant that any information you provide about yourself is true, and you will maintain and promptly update such information to keep it true and current.
    • Privacy. You have read joudiSoft's Privacy Policy and consent to the use of your personal information as described therein. Click here to view a copy of the Privacy Policy.
    • Communications. joudiSoft reserves the right to communicate with you regarding the Services and your use of the Site. You consent to joudiSoft's use of any contact information that you provide to joudiSoft in doing so.
    • Passwords. If you are given a username and/or a password for the purpose of accessing certain features of the Services or certain features of the Site, you are responsible for all activities conducted under that username or password, and you will take all necessary steps to ensure that no one other than you uses that username or password and that password is kept confidential. If you have any reason to believe that any password assigned to you has become known to or been used by any other person, you will inform joudiSoft immediately.
    • Changing Passwords. joudiSoft may, at any time, change any username or password assigned by joudiSoft to you, and joudiSoft will notify you when it does so.
    • Insurance. You shall maintain, at your own cost, insurance against such risks and in such amounts that could reasonably be expected by persons acting prudently and engaged in similar activities as yourself.
  • DESCRIPTION OF SERVICES
    • General.
      • Description. For each package of web hosting and related services that joudiSoft makes available to its customers, joudiSoft has prepared and published a specification (each a "Service Description"). The Service Descriptions are available on https://www.joudisoft.com (the "Site").
      • Changes to Services. joudiSoft may modify its services and the corresponding Service Descriptions from time to time. When joudiSoft changes any Service, joudiSoft will: (i) post the updated version of the Service Description on the Site together with the date on which it was revised; and (ii) on the home page for the Site for at least 30 days following any change to the Service Description, post a notice that the Service Description have been updated. joudiSoft may also send any email notice of the change to its affected customers.
      • Refunds & Disputes. All services rendered / provided by joudiSoft ltd. are non-refundable.
      • Cancellation. If for any reason you would like to cancel a service provided by joudiSoft, please submit a cancellation request from the your account area in joudiSoft or sub-dashboard provided by service management interface, or as a written request via support ticket in the Billing department. All customer data and backups remaining after the cancellation date will be destroyed permanently. Please Note: there is no refund for any service cancellation.
    • Shared Hosting.
      • Any Service identified as a "Shared Hosting" in its Service Description is a Shared Hosting Service.
      • Acceptable Use. Hosting space is limited to Web files, active e-mail and content of the hosted User Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. joudiSoft expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement. joudiSoft may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of joudiSoft policies. You hereby agree that joudiSoft shall have no liability due to any action that joudiSoft may take, including without limitation suspension or termination of Services in connection with your violation of this section.
      • Hosting Environment. joudiSoft shall: (i) maintain and operate the hardware used to host your website(s) (including monitoring the servers used on 24/7 basis); and (ii) use commercially reasonable efforts to maintain reasonable temperature and humidity levels, fire suppression controls, power conditioning equipment and uninterruptible power supplies for the proper ongoing operation of joudiSoft's hosting hardware.
      • Disk Space. joudiSoft shall provide disk space for your website(s) based in your selected plan you choose at time of order/ checkout.
      • Internet. joudiSoft shall provide an Internet connection linking your hosted website(s) to the Internet.
      • Remote Access. You will be given remote access to upload files for your hosted website(s) provided that you do so in a manner consistent with the TOS.
      • Routing. When joudiSoft hosts a website on your behalf, joudiSoft will route one or more domain names to that website. The exact number of domain names that joudiSoft will route on your behalf will depend on the Hosting Service to which you subscribe. Check the applicable Service Description for more information.
      • Resource Usage. Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers.
      • Back-up. You acknowledge that unless you subscribe to a Hosting Service that expressly includes the independent backup of Your Content (as defined below) as a service, joudiSoft's back-up activities are primarily for joudiSoft's own disaster recovery purposes, and that YOU ARE RESPONSIBLE FOR THE STORAGE, BACK-UP AND ARCHIVING OF YOUR CONTENT. Also note, Hosting Services include access to one or more tools via your Control Panel that allow you to back-up Your Content. Please use these tools and back-up Your Content frequently.
      • Maintenance Window. When reasonably possible, any maintenance of the hardware used to host your website(s) will be conducted during one of the following "Maintenance Windows": (i) between 01:00 p.m. and 4:00 p.m. (local time in Cairo, Egypt); (ii) between 12:00 a.m. and 4:00 a.m. (local time in Cairo, Egypt); or (iii) between 06:00 p.m. and 10:00 p.m. (local time in Cairo, Egypt). When choosing a Maintenance Window to use, joudiSoft takes into account where the customers who may be affected by the maintenance activities are located (based on the addresses given to joudiSoft by the customers) and what would be the early hours of the morning for most of them.
      • Availability. A Hosting Service is "Available" if the: (a) the hardware being used to provide it is operating; and (b) the Internet connection provided as part of the Hosting Service is operational.
      • Measure. joudiSoft will use reasonable efforts to ensure that the Hosting Services will be Available other than for "Scheduled Maintenance" at least 99% of the time, measured monthly. Any maintenance or other work performed on joudiSoft's technology infrastructure that takes place during the Maintenance Window or with at least 48 hours' prior notice posted to the Site is "Scheduled Maintenance".
      • Cooperation. You acknowledge that it is important to coordinate your maintenance activities with those of joudiSoft, and you will not conduct any maintenance activities on Your Content during any Maintenance Window without first obtaining written confirmation that joudiSoft will not be performing any maintenance activities during that Maintenance Window.
    • VPS and Dedicated Servers.
      • Any Service identified as a "VPS Hosting", "Dedicated Hosting", "Virtual Private Servers Hosting" or "Dedicated Servers Hosting" in its Service Description is a Dedicated Server Service.
      • In addition to the terms below for dedicated hosting, our SLA agreement applies Click here to view our SLA Agreement
      • Support. joudiSoft aims to provide continuous support, where appropriate, for all services it provides. The Customer is asked to acknowledge that Dedicated Hosting maintains a primarily "unmanaged" web hosting service, which confers no guarantee of technical support service aside from assistance in resolving issues that directly impede the usage of service provided by the Company, such as hardware, network, and operating system malfunctions. Individual software packages and third-party applications will not be supported by joudiSoft.
      • Internet. joudiSoft shall provide an Internet connection linking your VPS machine to the Internet.
      • Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
      • Backups & Data Loss. Your use of the Company's servers and services is at your sole risk. joudiSoft is not responsible for files and/or data hosted on your server. While complimentary backups may be provided by the Company, you, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your server or hosting account, and agree that it is your own (the Customer's) responsibility to take backups of data residing on your server or hosting account.
      • Suspension of Service. joudiSoft reserves the right to terminate or suspend network access to any Customer if, in the reasonable judgment of the joudiSoft network administrators, the Customer's hosted service is the source or target of an attack, or is found to be in violation of the TOS in any other way, or for any other reason which joudiSoft chooses. joudiSoft will typically suspend only the specific service in breach of the TOS, but may suspend all Customer services at its discretion, without prior notification to the Customer.
    • joudiSoft Software and Licenses.
      • Any software or license you purchase from joudiSoft ltd. is licensed to you, not sold, under the terms of the EULA. joudiSoft reserves all rights not expressly granted to you and joudiSoft retains the ownership of the Software.
      • License holders are not permitted to “borrow”, “lend” or “sell” licenses / software to any third parties. Any licenses found to be being used in this way will be revoked without recourse.
      • joudiSoft reserve the right to refuse, terminate or suspend service at their discretion.
      • Delivery. The software normally delivered upon confirmation of receipt of payment from the chosen gateway processor. Should your payment turn out to be fraudulent, the license will be suspended and you will be expected to repay the amount + any fees incurred.
      • Setup. Our professional setup & installation services usually take between 48 & 72 hours to complete, but this is not a guaranteed turnaround time, and at peak times such as new releases, they will often take longer.
    • cPanel or Plesk Licenses.
      • Software provided by joudiSoft is licenses based software.
      • The Software is licensed to you by joudiSoft, and is licensed, not sold, under the terms of the EULA. joudiSoft reserves all rights not expressly granted to you and joudiSoft retains the ownership of the Software.
      • License holders are not permitted to “borrow”, “lend” or “sell” licenses to any third parties except in the case of Owned License Transfers as detailed later on in the agreement. Any licenses found to be being used in this way will be revoked without recourse.
      • joudiSoft reserve the right to refuse, terminate or suspend service at their discretion.
    • Domain Names Registration Services.
      • Assistance with Registering Only. joudiSoft may assist you to register one or more top-level or second-level domain names (the "Domain Name Registration Service"). For each such domain name registered joudiSoft's involvement ends with the registration. You will be the registrant, administrative contact and technical contact, and you agree to be bound by all applicable terms and conditions published by the applicable registrar (https://www.enom.com/terms/agreement.aspx. Please note: you are also bound by ICANN's rights and responsibilities: http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities
      • Maintenance of Domain Names. You are responsible for the ongoing maintenance, control and use of any domain name registered in your name and for any fees or taxes associated with its maintenance. To maintain your domain name registration you will need to interact directly with the applicable registrar. FOR GREATER CLARITY, YOU ARE RESPONSIBLE FOR: (i) RENEWING THE REGISTRATION AND ENSURING THAT IT DOES NOT LAPSE; AND (ii) ADDRESSING ANY ISSUES RELATING TO YOUR DOMAIN NAME. JOUDISOFT IS NOT RESPONSIBLE FOR DOING SO.
      • Please note that:
        • joudiSoft is not able to guarantee that a proposed domain name is available for registration or that a registrar will register it.
        • joudiSoft will not assist with the registration on your behalf of a proposed domain name in any top-level or second-level domain unless expressly directed by you to do so.
        • joudiSoft may but is not obligated to inform you of any proposed or new top-level or second-level domains.
      • Privacy Registration Service. Some registrars allow domain names to be registered without publishing the registrant's name and contact information others do not. If you wish to take advantage of any such privacy service for a domain name and you are using the Domain Name Registration Service to register the domain name, you are responsible for informing joudiSoft in writing prior to the registration of the domain name that you wish to take advantage of the registrar's privacy service. You acknowledge that the privacy service is provided by the applicable registrar, not joudiSoft.
      • As is. Assistance with registering domain names and securing related privacy services is provided "as is" and without any warranties, representations or conditions whatsoever.
      • Domain Redemption Fee: If your domain was registered with joudiSoft and has expired, but you wish to recover the domain, joudiSoft may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, joudiSoft must pay a redemption fee, which in turn will be passed on to you the customer. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year. If the domain name is not renewed or acquired during the redemption period, it will be made available again to the general public after the redemption period completes. Only domains that have been registered with joudiSoft can be re-registered after expiration of the domain. If the domain that has expired was registered at another company, you will need to contact that registrar to recover the domain from the redemption period.
    • Resale. If you have received written permission from joudiSoft to resell all or part of the Services that you are receiving pursuant to this Agreement, you are responsible for providing support to your clients. If joudiSoft is contacted directly by any such client, joudiSoft may suspend all or part of the Services that it is providing to you. If joudiSoft does so, joudiSoft will give you notice of the suspension and the reason for the suspension. Once you have satisfied joudiSoft that you have taken reasonable steps to inform your clients that they are to contact you for support and to ensure that you are providing that support, joudiSoft will lift the suspension. There is no abatement of Fees during any such suspension. Furthermore, any acts and omissions of your clients that would be breaches of this Agreement had they been your acts or omissions are your responsibility and will be treated as if they are your acts and omissions.
    • Additional Services. Any additional services related to the Hosting Services or Domain Name Registration Services that are requested by you and that joudiSoft in its sole discretion provides ("Additional Services") are deemed to be Services provided pursuant to these TOS, and they will be provided at joudiSoft's then current rates.
    • Support.
      • FAQs. joudiSoft maintains a list of frequently asked questions and technical support articles relating to the Hosting Services on its website located at joudiSoft Knowledgebase (the "Knowledgebase"), and there are secondary lists of frequently asked questions on most of joudiSoft's specific sites.
      • Verifiable. joudiSoft will use commercially reasonable efforts to resolve each problem reported to joudiSoft's help desk and verifiable as being a problem or deficiency with the Hosting Services.
      • Assistance. When you report a problem to joudiSoft's help desk, you will provide: (i) any assistance reasonably necessary to allow joudiSoft to verify and resolve that problem; and (ii) all information that you are reasonably able to provide with respect to any problem.
      • Billing. Billing and account support is available via the web-based tool that joudiSoft provides to you to manage your account. The tool is available on the Support Site. Please check joudiSoft's web site for the hours that apply to your jurisdiction.
  • CONTENT
    • Intellectual Property. No intellectual property rights are transferred by joudiSoft to you by these TOS.
    • Your Content. "Your Content" means all materials, information, data or code that you upload, store, transmit, receive or process in connection with the Services. You hereby grant to joudiSoft and its directors, officers, employees, agents, consultants or subcontractors the right to use, reproduce, transmit and delete (as applicable) Your Content in such manner as may be necessary to enable joudiSoft to perform the Services and otherwise exercise any right or perform any obligations under this Agreement.
    • Monitoring Your Content. Although joudiSoft is not obligated to monitor content and assumes no responsibility for Your Content or the content of its other customers, joudiSoft reserves the right, subject to all applicable laws, to investigate Your Content and may block access to, refuse to host, or remove any information or material that incompatible with this agreement.
  • ACCEPTABLE USE
    • Unacceptable Use. Unacceptable use refers to any unlawful, illegal or inappropriate use as set out in this agreement. You may not use the Services or joudiSoft's technology infrastructure in any manner that constitutes an unacceptable use. Unlawful of illegal use is the creation, collection, transmission, storage or exchange of any material in violation of any applicable law or regulation. Inappropriate use includes any use or behaviour that may: (i) jeopardize joudiSoft's products, services, technology infrastructure or ability to operate; or (ii) expose joudiSoft to civil liability. Unlawful, illegal or inappropriate use includes use of the Services to:
      • possess, store, view, download, transmit, distribute (by any peer-to-peer service or otherwise) or traffic any materials that:
        • include child pornography;
        • infringe any person's copyright or other intellectual property right (including unlicensed or improperly licensed applications, music, games or other materials);
        • wilfully promote hatred against or defame any identifiable individual, group or other organization;
        • can be used for attacking computer systems and networks and defacing websites (including scripts, executables or other tools).
        • include any form of malware
      • make threats to a person's safety or property;
      • defame other persons;
      • interfere with the services that joudiSoft provides to its other customers;
      • interfere with, disrupt or damage the servers used by joudiSoft to provide such services, those of joudiSoft's suppliers or those of joudiSoft's other customers;
      • impersonate or falsely state or otherwise misrepresent your identity or affiliation with any person or entity;
      • wilfully bypass or subvert the physical, logical or procedural safeguards such as firewalls, web-filtering software or other access controls used by anyone to gain unauthorized access to anyone's technology infrastructure or distributing computer programs designed to assist in doing so;
      • any act in violation of any applicable local, provincial, state, national or international law or regulation including any laws relating to:
        • the export of data or software;
        • the protection of human rights;
        • the promotion of hatred;
        • defamation;
        • criminal offences;
        • the protection of intellectual property; or
        • including the sending of commercial electronic messages without consent from the recipients.
      • Unacceptable uses of the Services or joudiSoft's technology infrastructure may also include but are not limited to: ailing, unsolicited emailings, newsgroup spamming, hardcore pornography (including but not limited to the use of animals in such pornography) or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and running of any scripts, executables, or other programs or processes that can in any way adversely affect the performance of joudiSoft's technology infrastructure. joudiSoft will be the sole and final arbiter as to what constitutes a violation of this policy.
    • Disruptive Uses. You may not use the Services or joudiSoft's technology infrastructure in any manner that interferes with or disrupts joudiSoft's other customers. When any of the following events occurs in relation to any hosted web site, it is a disruptive use, a breach of these TOS and joudiSoft may exercise its rights including to suspending Services:
      • generating a daily, weekly or monthly volume of network traffic that is excessive in relation to amount of network traffic typically generated by joudiSoft's other clients who have purchased similar hosting services;
      • generating spikes in network traffic usage that are out of proportion (in volume or frequency) to those typically generated by joudiSoft's other clients who have purchased similar hosting services;
      • on a daily, weekly or monthly basis, consuming CPU or other processing resources in a manner that is excessive in relation to amount of network traffic typically generated by joudiSoft's other clients who have purchased similar hosting services;
      • even if they do not come within (i), (ii) or (iii) above, running peer-to-peer applications, peer-to-peer file sharing, proxy servers, bit torrent, online gaming servers, proxy server network, interactive relay chat (IRC), interactive chat applications, membership or community sites, file sharing, video sharing, photo sharing or other resource intensive services or applications.
      • using disk space to store materials unrelated to or unnecessary for the operation of the web site for which the Hosting Services were purchased (for example, using disk space for data warehousing, email storage, backups of emails accounts, backups of all or part of any computing, telecommunications or mobile device or other forms of mass data storage); or
      • the sending of any commercial electronic messages promoting the web site or otherwise directing attention to the web site to any recipient without the recipient's consent
      • No "Spam": UCE/UBE or "spam" originating from a server located on our network or associated with a joudiSoft server is not tolerated. This includes any email that promotes websites hosted on a server located on the joudiSoft network, but which is sent from an email address not associated with a joudiSoft account.
    • Music, Image and Video Files. Responding to and addressing copyright complaints is a time consuming process. From time to time, joudiSoft scans its servers looking for MP3, MP4 and other file formats commonly used for music, images or video. If such files are detected amongst Your Content, joudiSoft may ask you to demonstrate that they are: (i) owned or properly licensed by you; and (ii) if licensed, not being used in a manner that is inconsistent with that license. If you fail to do so for any file or, in the alternative, remove the file from joudiSoft's servers, and joudiSoft may exercise its rights under these TOS
    • Reporting. If you become aware that any person has committed, is likely to have committed or is likely to commit any act dissent from this agreement, you will promptly report it to our customer service representatives from which you receive technical support.
    • Investigation. joudiSoft reserves the right to investigate suspected breaches of this, you agree to cooperate with joudiSoft when asked to assist in any such investigation.
    • Breaches. If you breach this section, it is probable (in joudiSoft's sole discretion) that you have breached or it is likely that you will breach this (also in joudiSoft's sole discretion), joudiSoft in its sole discretion may suspend or revoke your access to the Services or joudiSoft's technology infrastructure. Breaches of this section may also result in you incurring criminal prosecution or civil liability.
    • Others Breaches. joudiSoft assumes no liability for enforcing or not enforcing the provisions in its other service agreements relating to acceptable use.
  • IP ADDRESSES
    • joudiSoft may assign one or more Internet Protocol addresses to you for use with the Services. You acknowledge that you have no right, title or interest in or to any IP addresses assigned to you by joudiSoft or its representatives in connection any Services. joudiSoft or its suppliers may change any such address at any time, but joudiSoft will use reasonable efforts to give you notice of any change if the affected IP address is a fixed IP address.
  • PAYMENT
    • Fees. The fixed fees and/or rates applicable to any Service are set out in the online order form for the Service (the "Fees"). They may include one-time fees (these are typically for setting up the service) and recurring fees. PLEASE NOTE THAT THE ONLINE ORDER FORM MAY ALSO SET OUT A RATE INCREASE THAT WILL BECOME EFFECTIVE OF A PROMOTIONAL RATE. SUCH AN INCREASE WILL HAPPEN WITHOUT FURTHER NOTICE TO YOU. Otherwise, joudiSoft will give you at least 30 days prior written notice of any increase to the Fees.
    • Promotions. From time to time, joudiSoft may offer its services to new or existing clients at discounted or promotional rates. You acknowledge that any such promotion is only applicable to one of your Services if the promotion or discount is clearly set out as applicable on the online order form used that you used to order the Service.
    • Expenses. Unless expressly set out otherwise in an applicable Service Description, you will reimburse joudiSoft for all registrar's fees or other related expenses incurred by joudiSoft in relation to any third-party service.
    • Taxes. You will pay any present or future sales, goods and services, excise, value-added, or other similar taxes including any related interest or penalties (imposed at any time by any governmental authority) arising from or related to any Services other than taxes based on joudiSoft's net income.
    • Payment of Fees. joudiSoft accepts payment by credit card, bank transfer and PayPal.
    • In Advance. Payment for Hosting Services is in advance. When you order a Hosting Service, you are required to pay the full amount of Fees for the initial term and applicable taxes. When a Hosting Service renews, you are required to pay the full amount of Fees for the renewal term and applicable taxes. A Hosting Service renews when it has not been terminated by you prior to the last date of the initial term or any renewal term for which you have paid.
    • Additional Services. Fees for Additional Services, applicable taxes and reimbursable expenses are due at the end of the month in which they are incurred.
    • Automatic Charging. When joudiSoft is entitled in accordance with this Agreement to any Fees, applicable taxes or expenses, such amounts will be automatically charged to the credit card or PayPal account that joudiSoft has on file for you and you authorize joudiSoft to do this. joudiSoft will send an invoice for these amounts to the email address that it has on file for you before doing so.
    • Chargebacks. Please note that should any amount that you pay by credit card or PayPal be charged back to joudiSoft, you will incur an additional Fee of $25.00. The payment will not have been received by the due date, and:
      • joudiSoft may restrict, suspend or terminate the affected Services; and
      • the overdue payment shall bear interest at the rate of one percent (1%) per month (an effective annual rate of 12.68%) or the maximum rate permitted by law, whichever is less. Further, joudiSoft shall be entitled to recover its collection costs, including legal fees and expenses.
  • TERM
    • Term. This Agreement shall be effective as of the date on which you order your first Service and shall continue until terminated.
  • SUSPENSION AND TERMINATION
    • Suspension. If you breach of these TOS, joudiSoft may, in its sole discretion, restrict or suspend the Services, without prior notice to you and without an opportunity to cure the breach. If you are given an opportunity to and you cure the breach or you demonstrate to joudiSoft satisfaction that you have taken steps to prevent future breaches of the TOS, joudiSoft will lift the restriction or suspension. joudiSoft will give you notice of any suspension or restriction. Whether or not a restriction affects your access to Your Content is in joudiSoft's sole discretion. PLEASE NOTE THAT FEES WILL BE CHARGED DURING THE PERIOD OF ANY SUSPENSION OR RESTRICTION OF SERVICES.
    • By You. You may terminate any Service at any time by using the web-based tool that joudiSoft provides to you to manage your account to terminate the Service. PLEASE NOTE: any amounts paid in advance for Services will not be refunded.
    • By joudiSoft. joudiSoft may terminate any Service by giving you at least 30 days written notice of the termination date. joudiSoft may terminate this Agreement immediately and without prior notice to you:
      • if you breach section (Acceptable Use);
      • if you breach (Payment) and do not cure that breach within 10 days of the breach; or
      • if you breach any other section of these TOS and do not cure that breach within 15 days.
    • Survival. Those sections of this Agreement which by their nature should survive the termination or expiration of this Agreement, will remain in full force and effect following the expiration or termination of this Agreement.
    • Renewals. Services purchased for a set period (for example, three years) will be automatically renewed upon the expiry of that period unless you give joudiSoft written notice of your intention to terminate them at least 30 days prior to the expiry of that period. They will be renewed at joudiSoft's then current rates for such Services.
  • WARRANTIES AND DISCLAIMERS
    • THE INTERNET IS A COMPLEX NETWORK OF EQUIPMENT, SERVICES, AND PROVIDERS OF INFORMATION, THUS THE SERVICE MAY NOT BE AVAILABLE TO YOU AT ALL TIMES. YOU ACKNOWLEDGE THAT THE HOSTING SERVICES AND OTHER SERVICES MAY NOT ALWAYS BE AVAILABLE, AND WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, JOUDISOFT EXPRESSLY DISCLAIMS ANY OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE HOSTING SERVICES OR OTHERWISE ARISING FROM THIS AGREEMENT WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY THAT THE HOSTING SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
  • LIMITATIONS OF LIABILITY
    • Limit. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF JOUDISOFT (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) TO YOU, THE CLIENT, FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT, EXCEED THE AMOUNT PAID BY YOU, THE CLIENT, DURING THE 12 MONTH PERIOD PRECEDING THE DATE ON WHICH YOU, THE CLIENT, MAKE YOUR FIRST CLAIM FOR DAMAGES.
    • Indirect Damages. joudiSoft (INCLUDING ITS REPRESENTATIVES AND SUPPLIERS) SHALL NOT BE LIABLE TO YOU, THE CLIENT, OR YOUR END USERS IN ANY WAY WHATSOEVER, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE OR PROFIT RESULTING FROM OR ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROVISION OR USE OF THE HOSTING SERVICES. THIS LIMITATION SHALL APPLY WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, OR WHETHER JOUDISOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    • Some jurisdictions do not allow the exclusion of incidental, special or consequential damages. If any jurisdiction having applicability to the TOS does not permit any such exclusion or limitation, joudiSoft's total liability to you in connection with any incidental, special or consequential damages will be limited by terms of this agreement.
    • Allocation of Risk. You (the Client) and joudiSoft understand and agree that, to the extent permitted by applicable law, the foregoing exclusions and limitations of liability represent the parties' agreement as to allocation of risk between them in connection with their respective obligations under this Agreement. The fees payable to joudiSoft reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability set forth in this Agreement.
  • INDEMNIFICATION
    • You agree to indemnify and hold joudiSoft and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to Your Content, your use of the Services or any wilful misconduct on your part.
  • AGREEMENT
    • Entire Agreement. These TOS and all documents incorporated herein by reference constitute the complete agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous discussions, negotiations, understandings and agreements, written or oral, regarding such subject matter.
    • Severability. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the extent permissible, and all other provisions will remain in effect and are enforceable by the parties.
    • Waiver. No waiver of any part of this Agreement will be deemed to be a waiver of any other provision. No term of this Agreement will be deemed to be waived by reason of any previous failure to enforce it. No term of this Agreement may be waived except in a writing signed by the party waiving enforcement.
    • Interpretation. The headings used in the Terms are for convenience of reference only. No provision of the Terms will be interpreted against any party merely because that party or its legal representative drafted the provision. All remedies are cumulative. Throughout the TOS, the term "including" or the phrases "e.g.," or "for example" have been used to mean "including, without limitation".
  • ASSIGNMENT
    • TOS. You may not assign the agreement represented by these TOS, either in whole or in part, without the prior written consent of joudiSoft. Any other attempted transfer or assignment of rights hereunder shall be null and void.
    • Domain Names. These TOS do not restrict your ability to transfer any domain for which you are the registrant. If joudiSoft is the registrar for the domain name, please request our "domain name transfer instructions" by sending an email to info@joudisoft.com. We will send you the specific details and information about transfer of ownership.
    • joudiSoft. joudiSoft may assign its rights and obligations hereunder without your prior consent.
  • NOTICE
    • Notice. Any notice or other significant communication given to you pursuant to the Terms will be in writing, addressed to any email address or address that you provided to joudiSoft when acquiring your first Service (as updated by you) and sent to you by email or by nationally recognized overnight courier as applicable. Any notice or other significant communication given to joudiSoft pursuant to the TOS will be in writing and sent to joudiSoft at the address then listed on the Site in the Contact Us section by fax or nationally recognized courier. Notices will be deemed to have been received one business days following: (i) email transmission by joudiSoft to you; (ii) deposit with a globally recognized overnight delivery service, all delivery charges pre-paid; or (iii) transmission if sent by facsimile and receipt confirmed by the facsimile machine used.
  • OTHER
    • Governing Law. This Agreement will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to the conflict of laws provisions. The parties consent to the jurisdiction of the courts of Ontario.
    • Independent Contractors. The relationship between the parties is that of independent contractors, and not that of partnership, joint venture, employment, franchise or agency. Neither party may incur any obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.
    • Force Majeure. Neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control that could not have been avoided by the exercise of reasonable foresight provided that such party gives the other party prompt notice of such cause and uses reasonable commercial efforts to correct such failure or delay in performance.
  • AMENDMENT
    • joudiSoft may change the TOS from time to time and at any time. When joudiSoft changes the TOS, joudiSoft will: (i) post the updated version of the TOS on the Site together with the date on which it was revised; and (ii) on home page for the Site for at least 30 days following any change to the TOS post a notice that the TOS have been updated.
    • As well, joudiSoft may, but is not obliged to, ask you to actively confirm your consent to the revised TOS. If joudiSoft does not do so, but you continue to use the Services or Site after the changes come into effect, you will be deemed to have agreed to abide by the revised TOS. If you do not agree with the revised TOS without qualification, terminate any existing Services that you are receiving from joudiSoft and instruct joudiSoft to disable any password for the Site assigned to you.
    • joudiSoft reserves the right, in its sole discretion, to change or modify the Site from time to time including but not limited adding or removing functionality or features or changing its name.