Terms of Serivce
1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
2.) Content
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
Sites that depict Rape or Abuse
Underage Pornography
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice. With remaining balance due and any promotions reversed and charged.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserves the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of JB-Hosting.com. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify JB-Hosting.com of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any other charges at anytime with a 30 day notice.
If you fail to make a monthly payment when due you may be charged a late fee of $2.00. If you are paying your monthly payment by check and it is more than 3 days late this fee will be charged. If your bank does not honor your check you must present a replacement MONEY ORDER or CASHIER'S CHECK to us via Express Mail or you may pay with a credit card totaling your monthly payment + $2.00 late fee & $29 return check fee. After 2 occasions of this your account must be setup to pay by credit card only. If you are late more than 3 times you must choose to pay by reoccurring payment via Credit Card or PayPal. Upon the 5th late payment your account may be cancelled.
If you choose to have a paper copy of your monthly billing a $1.00 fee will also be applied to your account for this service. This $1.00 fee is non-refundable. If you wish to turn on or cancel this option - please open a support ticket to the Sales Department or email sales@jb-hosting.com.
4a.) Collections on Non-Payment/Past Due Accounts
If your account becomes pastdue for more than 2 months JB-Hosting.com may begin collecting on this past-due amount. A $6.95 collections fee may be charged to your account if we have to take extra steps to collect on a debt. All information obtained in attempt to collect that debt will be used for that purpose only. JB-Hosting.com reserves the right to cancel the account after a period of time, without notice, and without the opportunity to collect any data saved on the server.
JB-Hosting.com shall follow all US & State Collections Laws including the ability to call between the hours setforth in such laws.
If your account should reach a severe past due status we may sell the debt to a 3rd party collections agency and you will be resposible for any & all fees charged to do so.
Settlements will only be offered on balances of $1500 or more. Payment arrangements will only be made on balances of $100 or more. If the balance is less than the afore mentioned amount, then balance is due in full.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account at any time without notice and without refund. Your data can be retrieved within a 7 day time frame before being deleted from the server.
Customers may cancel at any time. We give you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. Refund requests after 30 days will be cancelled before the next billing period.
Only first-time accounts are eligible for the 30 day money back gaurantee refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
*Special Note: If your account was suspended or terminated due to a violation of this agreement no refund will be given!
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, and co-location no full refund will be honored, the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all. All other plans will be given a 30 day money back guarantee no questions asked. The guarantee is only valid for first time accounts as described above in #6 under Cancellations & Refunds.
10.) The $5 Promise Credit.
The $5.00 Promise Credit may be issued to a single account one time every 6 months for any reason deemed valid by our Sales or Support Team. The request must be made via email or online Trouble Ticket unless offered by an associat. Our Sales or Support Team will contact the account holder within 24-48 hours regarding the issue. We will make at least 3 attempts to come to a satisfactory solution to your problem. If we are unable to solve the problem then the $5.00 Promise Credit will be issued to the account holder within 2 weeks. The account holder must be paying us via an active & verified PayPal account or via Credit Card. We reserve the right at anytime to deny the request as long as a valid written reason is given to the account holder. Disputes of rejection may be handled by a 3rd party.
11.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
12.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from JB-Hosting.com's server.
13.) Disclaimer
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
14.) Changes to the TOS
We reserve the right to revise its policies at any time without notice.
15.) Fraud
Any attempt to run any type of fraud site we will suspend all use (including ftp, HSphere, and login) of your site and turn the information into the local authorities. We will prosecute to the full extent of the law. Any attempt to defraud us will be handled by the authorities.
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