Last Updated: December 20, 2024
Welcome to MojoShine LLC. These Terms of Service ("Terms") govern your use of our WordPress hosting services. By creating an account or using our services, you agree to these Terms.
1. Definitions
- "Service" refers to the MojoShine LLC WordPress hosting platform, including all features, tools, and support.
- "You" or "Customer" refers to the individual or entity using the Service.
- "Site" refers to the WordPress website hosted on our platform.
- "Content" refers to all data, files, text, images, and other materials uploaded to or generated by your Site.
2. Account Registration
To use MojoShine LLC, you must:
- Provide accurate and complete registration information
- Be at least 18 years old or have legal authority to enter into this agreement
- Maintain the security of your account credentials
- Notify us immediately of any unauthorized access to your account
You are responsible for all activities that occur under your account.
3. Service Description
MojoShine LLC provides managed WordPress hosting services including:
- Automated WordPress site provisioning
- SSL/TLS certificates for secure connections
- Server infrastructure and maintenance
- Backup services (frequency varies by plan)
- Customer portal access for site management
3.1 Service Availability
We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible. We are not liable for downtime caused by factors outside our control, including but not limited to internet outages, DDoS attacks, or force majeure events.
3.2 Resource Limits
Each plan includes specific resource allocations (storage, bandwidth, CPU). If your Site exceeds these limits, we may contact you to upgrade your plan or optimize your Site. Excessive resource usage that impacts other customers may result in temporary throttling.
4. Pricing and Payment
4.1 Billing
Subscription fees are billed in advance on a recurring basis (monthly, annually, or triennially) based on your selected plan. All fees are in US Dollars unless otherwise stated.
4.2 Payment Processing
Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred. You are responsible for keeping your payment information current.
4.3 Failed Payments
If a payment fails:
- We will notify you by email and attempt to process payment again
- After 7 days of failed payment, your subscription may be cancelled
- After cancellation, your Site may be suspended
- Sites suspended for 7 days will be permanently deleted
4.4 Refunds
We offer a 14-day money-back guarantee for new customers. If you are not satisfied within the first 14 days of your initial subscription, contact us for a full refund. Refunds are not available after the 14-day period or for renewal payments.
4.5 Price Changes
We reserve the right to modify pricing. Price changes will not affect your current billing cycle. You will be notified at least 30 days before any price increase takes effect on your account.
5. Acceptable Use Policy
You agree not to use the Service to:
- Host content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Distribute malware, viruses, or any code designed to harm systems or users
- Send spam, unsolicited bulk email, or phishing attempts
- Infringe on intellectual property rights of others
- Host content depicting child sexual abuse material (CSAM) - this will result in immediate termination and reporting to authorities
- Conduct illegal activities or facilitate illegal activities by others
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use excessive server resources in a way that impacts other customers
- Resell or redistribute our services without authorization
6. Your Content
6.1 Ownership
You retain all ownership rights to your Content. MojoShine LLC does not claim any ownership over your Content.
6.2 License to MojoShine LLC
By uploading Content to the Service, you grant us a limited license to store, backup, and transmit your Content solely for the purpose of providing the Service.
6.3 Responsibility
You are solely responsible for your Content, including ensuring you have the right to use and distribute it. We do not pre-screen Content but may remove Content that violates these Terms.
6.4 Backups
While we perform regular backups, you are responsible for maintaining your own backup copies of critical Content. We are not liable for data loss.
7. Intellectual Property
The MojoShine LLC name, logo, and Service (excluding your Content) are owned by MojoShine LLC and protected by intellectual property laws. You may not use our trademarks without written permission.
8. Cancellation and Termination
8.1 Cancellation by You
You may cancel your subscription at any time through the customer portal or by contacting support. Cancellation takes effect at the end of your current billing period. No prorated refunds are provided for partial billing periods.
8.2 Termination by MojoShine LLC
We may suspend or terminate your account if you:
- Violate these Terms or the Acceptable Use Policy
- Fail to pay fees when due
- Engage in fraudulent activity
8.3 Effect of Termination
Upon termination:
- Your access to the Service will be revoked
- Your Site will be taken offline
- Your data will be deleted after a 7-day grace period (unless terminated for abuse)
- You may request a data export before the grace period ends
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or completely secure. We do not warrant that any defects will be corrected.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOJOSHINE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless MojoShine LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any rights of another party
12. Dispute Resolution
Any disputes arising from these Terms or the Service will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will take place in Florida, USA. You waive any right to participate in a class action lawsuit or class-wide arbitration.
13. Modifications to Terms
We may update these Terms from time to time. We will notify you of material changes by email or through the Service. Continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
14. General Provisions
14.1 Governing Law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict of law principles.
14.2 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and MojoShine LLC regarding the Service.
14.3 Severability
If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
14.4 Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of that provision.
14.5 Assignment
You may not assign your rights under these Terms without our consent. We may assign our rights to a successor in connection with a merger, acquisition, or sale of assets.
15. Contact Information
For questions about these Terms, please contact us:
Support: Contact Support
Website: https://mojoshine.com