Order JCHosting Now Policies
Ordering:
Please read the following Terms Of Service agreement before proceeding, then continue ordering by selecting an option at the bottom of this page. By ordering any package you are agreeing to all terms of service below. If you do not agree with these terms of service you can not order. These policies to protect the best interest of our customers as a whole. JCHOSTING's policy is to act as a neutral provider of access to the global Internet. we reserve the right to suspend or cancel a customer's access to any or all services provided by us if we decide that the account has been inappropriately used. All services are intended for end user only and may not be sold or given to third parties.
JCHOSTING is a web presence provider allowing Client's web site to be accessed via Client's domain name (i.e theirname.com) by anyone with access to a web browser connected to the Internet. JCHOSTING provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."
JCHOSTING handles the registration process for Client's requested domain name. JCHOSTING in no way holds any responsibility for payment of fees required by InterNIC for Client's domain name. Client agrees to pay all charges requested by InterNIC who will bill client separately without any contact with JCHOSTING.
2. Authorization of Charges
Client authorizes JCHOSTING to charge credit card supplied by Client per month. If Client requests additional storage space Client authorizes JCHOSTING to charge an additional price listed at JCHosting.com.
If verification of Client's supplied credit card information fails requested charge by JCHOSTING for initial annual fees or for any of the annual fees thereafter JCHOSTING reserves the right to refuse, suspend, or cancel service pending JCHOSTING’s receipt of valid credit card information from Client. Client agrees to notify JCHOSTING of any changes to Client's credit card information.
3. Content Restrictions
All services provided by JCHOSTING may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyright or trademarked material and material protected by trade secret.
Pornography, nudity, and sex-related merchandising are prohibited. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited.
Sites that promote any illegal activity, such as Warez sites, are discouraged but not prohibited; links to such materials are discouraged but are allowed. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on JCHOSTING Host's servers.
Examples of unacceptable content include the following: Pirated software, Hacker programs or archives, MP3 files or archives. Adult content is not allowed on regular hosting plans.
JCHOSTING reserves the right to remove any material from Client's web space that is deemed unacceptable by us.
No site may use more than 15% of the total server output at any given time.
JCHOSTING reserves the right to terminate Client's account without refund at our discretion if said material is discovered. JCHOSTING is the sole arbiter as to what constitutes a violation of the above provisions.
4. CGI Application Restrictions
The Client is allowed to freely install CGI applications; however, JCHOSTING reserves the right to disable any application that unreasonably effects or interferes with normal server operations. JCHOSTING will try to inform client before said action is taken. However, in extreme cases where a script is causing harm to other users, JCHOSTING reserves the right to disable the script before informing the client. Said situation is unlikely.
Client will not install Client's own chatroom of any kind because they tend to be large "system hogs" and therefore fall into the category described in section "a" above. The chat room provided with your CPanel may be used at all times. Dedicated server clients may use resources of the server without restrictions.
5. Spam Policy
JCHOSTING servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.
JCHOSTING considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. JCHOSTING is the sole arbiter as to what constitutes a violation of the above provisions.
6. Server Abuse
Any attempt to undermine or cause harm to a JCHOSTING server or another JCHOSTING Client is strictly prohibited.
Any attempt to undermine any JCHOSTING web site or a web site of another JCHOSTING Client is strictly prohibited and may result in immediate termination of services rendered by JCHOSTING without refund. JCHOSTING is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implemented for intentional server abuse.
7. Indemnification
Client agrees that it will defend, indemnify, and hold harmless JCHOSTING from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against JCHOSTING, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless JCHOSTING against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with JCHOSTING’s servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from JCHOSTING’s servers.
JCHOSTING assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
8. Disclaimer
JCHOSTING will not be held responsible for any damages you or your business may suffer. JCHOSTING makes no warranties of any kind, expressed or implied, for services rendered. JCHOSTING disclaims any warranty or merchantability or fitness for a particular purpose. JCHOSTING assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. JCHOSTING will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from JCHOSTING.
9. Term
The term of this Agreement will continue until a notice of cancellation by JCHOSTING or Client is given, or until terminated under other provisions of this Agreement. Interferer reserves the right to terminate this Agreement without cause upon notification to the Client. JCHOSTING may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by JCHOSTING to implement this Agreement is disrupted or terminated for any reason.
CLIENT may request JCHOSTING refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have past CLIENT may cancel contract, however, CLIENT forfeits monies paid to JCHOSTING. CLIENT may cancel account with JCHOSTING and be removed from billing, thereby stopping all future charges.
10. Presumption of Agreement
By signing up with JCHOSTING, be it using JCHOSTING’s online sign up form or contacting in any way an employee, officer, agent, and director with request for JCHOSTING to provide Client services, Client (1) authorizes JCHOSTING to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
11. Default
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, JCHOSTING will be entitled to damages, costs, and attorney's fees from the Client.
12. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
13. Choice of Law / Venue This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ.
Captions
The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications
JCHOSTING may make amendments or modifications to this Agreement at any time. Whenever practical, JCHOSTING will notify Client of changes to this Agreement.
Clients are responsible for frequently backing up their files on our system. JCHOSTING cannot be held responsible for the deletion of users' files, whether intentional or unintentional.
14. Domain Agreement JCHOSTING provides new top level domain name for new clients as requested by them. These domain names carry no charge for the client while they remain hosted at JCHOSTING. Should client decide to switch hosting providers, client agrees to pay yearly fee listed on the JCHOSTING website for domain name. Order JCHOSTING's Now |
