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Terms Of Service

JJ Web Hosting ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS and Use of Service constitutes acceptance and agreement to JJ Web Hosting's AUP as well as TOS.

All provisions of this contract are subject to the TOS (Terms of Service) of JJ Web Hosting, and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

  1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition JJ Web Hosting shall have the right to terminate all service set forth in this Agreement.
     
  2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
     
  3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
     
  4. Payments and Fees: Credit cards that are declined for any reason are subject to a $15.00 declination fee. Service will be deactivated on accounts that reach 10 days past due unless prior arrangements are made. Service deactivated for nonpayment is subject to a $30 reactivation charge. Service will be deleted on accounts that reach 30 days past due. Re-registration is required for the deleted service. Accounts that are not collectable by JJ Web Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
     
  5. Refund: Refund policy on the hosting service being provided is as follows.

                   A Setup Fee's are NOT refundable. A Refund will be given on the account in the first 30 days after registration if the TOS is not violated. After such time funds are non refundable for the remainder of account activation.
     
  6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
     
  7. Account Cancellation: The method of cancellation is via emailing of your JJ Web Hosting account. Please email JJ Web Hosting @ cancellation@JJwebhosting.com and you can request to have your server or the given Web space cancelled. Be sure to give contact information as we will only cancel service after verification from account owner.

    You must have all account information to cancel.  
     
  8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
     
  9. Support Boundaries: JJ Web Hosting provides technical support via email or telephone to our subscribers. We limit our technical support to our area of expertise.
     
  10. SPAM and Unsolicited Commercial Email (UCE): JJ Web Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of JJ Web Hosting may not use or permit others to use our network to transact in UCE. Customers of JJ Web Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
     
    1. Violation of JJ Web Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, JJ Web Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, JJ Web Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, JJ Web Hosting may, at its discretion, restrict, suspend or terminate customer's account. JJ Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. JJ Web Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
       
    2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that JJ Web Hosting personnel must spend to investigate the matter. DO NOT SPAM  from your account.
       
    3. As our Customers are ultimately responsible for the actions of their clients over the JJ Web Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
       
    4. Anyone hosting websites or services on their server or given Web space that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The server or the given Web space will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reactivation and agree to allow us access to the server or the given Web space to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server or the given Web space from our network without notice to the customer. Any server or a given Web space guilty of a second violation WILL be immediately and permanently removed from our network without notice.

     

  11. Network
     
    1. IP Address Ownership: If JJ Web Hosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to JJ Web Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by JJ Web Hosting in its sole discretion in connection with the Services, during the term of this Agreement. JJ Web Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by JJ Web Hosting, reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
       
    2. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer. JJ Web Hosting will monitor Customer's bandwidth and disk usage. JJ Web Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is JJ Web Hosting's sole and absolute discretion. If JJ Web Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, JJ Web Hosting may, at its sole discretion, collect a deposit, in an amount determined by JJ Web Hosting, against customer's credit card on file with JJ Web Hosting.
       
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the JJ Web Hosting Network. Violations of system or network security may result in civil or criminal liability. JJ Web Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
       
      • Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
         
      • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
         
      • Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
         
      • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
         
      • Taking any action in order to obtain services to which such User is not entitled.


     

  12. Notification of Violation:

     
    1. JJ Web Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
       
    2. First violation: Any User, which JJ Web Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at JJ Web Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
       
    3. Second Violation: Users that JJ Web Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
       
    4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.


     

  13. Suspension of Service or Cancellation: JJ Web Hosting reserves the right to suspend network access to any customer if in the judgment of the JJ Web Hosting network administrators the customer's server or the given Web space is the source or target of the violation of any of the other terms of the AUP or for any other reason which JJ Web Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
     
  14. JJ Web Hosting reserves the right to amend its policies at any time. You will be held responsible for your actions of your users in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy when allowing users to use your web space.

     
  15. Indemnification: JJ Web Hosting wishes to emphasize that in agreeing to the JJ Web Hosting Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies JJ Web Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to JJ Web Hosting or the bringing of any claim against JJ Web Hosting by any third-party. This means that if JJ Web Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against JJ Web Hosting, plus all costs and attorney's fees.

     
  16. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
     
    1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
       
    2. Subscriber shall not transfer or assign this Agreement without the prior written consent of the JJ Web Hosting Company. JJ Web Hosting may assign Agreement at anytime without consent from or notice to Subscriber. JJ Web Hosting reserves right to cancel customers rights under this contract at anytime without further obligation.
       
    3. JJ Web Hosting takes no responsibility for any material input by others and not posted to the JJ Web Hosting Network by JJ Web Hosting. JJ Web Hosting is not responsible for the content of any other websites linked to the JJ Web Hosting Network; links are provided as Internet navigation tools only. JJ Web Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
       
    4. JJ Web Hosting is not responsible for any damages your business may suffer from Internal or External affects but will work with its customers to resolve issues where possible. JJ Web Hosting does not make implied or written warranties for any of our services. JJ Web Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by JJ Web Hosting or its providers.
       
    5. It is absolutely forbidden to host pornographic content or IRC servers on all accounts. Any account found hosting this material will be subject to immediate cancellation without refund.
       
  17. Responsibility for Content: You, as a JJ Web Hosting's customer, are solely responsible for the content stored on and served by your JJ Web Hosting server or the given Web space account. ANY violations of these policies will be your responsibility for any such inappropriate use and any liability and may lead to termination under above guidelines.

 

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