Terms of Service

JB Webhosting, LLC agrees to provide services to the Customer, subject to the following TOS (Terms of Service) AUP (Acceptable Usage Policy).

JB Webhosting, LLC Web Hosting reserves the right to change this TOS AUP at any time, without notice to the Customer.

Shared Hosting & VPS Hosting

Payments and Fees: Establishment of this service is dependent upon receipt by JB Webhosting, LLC of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

Failure to Pay: JB Webhosting, LLC 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. Service will be interrupted on accounts that reach 7 days past due.

Cancellations: The customer may choose to cancel at anytime. To cancel your account, send a ticket to the Billing Department. All cancellations within the first 30 days of service will be issued a full refund. If you choose to re-sign up after cancellation, you must repay the first month's fee.

New Accounts: All new accounts will be setup within 1 business day. Although, setup typically occurs within 1 to 2 hours.

SPAM: JB Webhosting, LLC takes a zero tolerance approach to the sending of spam email using JB Webhosting's servers. Very simply this means that customers of JB Webhosting, LLC may not use or permit others to use our network to transact in spam emails. Customers of JB Webhosting, LLC may not host, or permit hosting of, sites or information that is advertised by spam from other networks. Violations of this policy carry severe penalties, including termination of service.

As our Customers are ultimately responsible for the actions of their clients, while using JB Webhosting, LLC servers it is advisable that Customers develop a similar, or stricter, policy for their clients.

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. JB Webhosting, LLC will monitor Customer's bandwidth and disk usage. Each extra gigabyte of bandwidth exceeding the limit will be billed at $2.50 per gigabyte. Customer will be billed $2.50 for each extra 100megs space exceeding the limit for over 3 days. Over-usage fees will be billed at the end of the month. Failure to pay will result in account suspension.

System and Network Security: Users are prohibited from violating or attempting to violate the security of any network. Violations of system or network security may result in civil or criminal liability. JB Webhosting, LLC 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:

1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, flooding, mail bombing or crashing.
4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation

JB Webhosting, LLC 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.

First violation: Any User, which JB Webhosting, LLC determines to have violated any element of this AUP, shall receive an email, warning them of the violation. The service may be subject at JB Webhosting, LLC's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Second Violation: Users that JB Webhosting, LLC 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.

Suspension of Service or Cancellation:

JB Webhosting, LLC reserves the right to suspend access to any customer if in the judgment of the JB Webhosting, LLC system administrators the customer's account or server is the source or target of the violation of any of the other terms of the AUP or for any other reason which JB Webhosting, LLC 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 accounts or servers were suspended.

JB Webhosting, LLC reserves the right to amend its policies at any time. All Customers of JB Webhosting, LLC must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate cancellation. You will be held responsible for the actions of your clients 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.

Indemnification Policy:

JB Webhosting, LLC reserves the right to refuse service to anyone for any reason not prohibited by law. We also reserve the right to terminate service to any customer for any reason not prohibited by law. You agree to use all JB Webhosting’s Web Services at your own risk. JB Webhosting, LLC specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall JB Webhosting, LLC be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold JB Webhosting, LLC harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against JB Webhosting, LLC, 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, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless JB Webhosting, LLC Web Services against liabilities arising out of:

1. ... any injury to person or property caused by any products sold or otherwise distributed in connection with JB Webhosting, LLC Web Services' servers
2. ... any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
3. ... copyright infringement

Contact Information:

You must provide us with, and keep current, good contact information for you. E-mail contacts are used.

JB Webhosting, LLC is not responsible for the content of any other websites linked to the JB Webhosting, LLC servers links are provided as Internet navigation tools only. JB Webhosting, LLC 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.

JB Webhosting, LLC is not responsible for any damages your business may suffer. JB Webhosting, LLC does not make implied or written warranties for any of our services. JB Webhosting, LLC 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 JB Webhosting, LLC.

It is absolutely forbidden to host pornographic content or IRC servers on our servers. Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content:

You, as JB Webhosting, LLC's customer, are solely responsible for the content stored on and served by your JB Webhosting, LLC server.

Confidentiality

JB Webhosting, LLC will not use or disclose to others without Customer's written consent confidential information, except when reasonably necessary to perform the services under this Agreement. Confidential information includes customer's server login information and any information in which the customer has explicitly stated as confidential. Customer agrees to indemnify JB Webhosting, LLC on account of the unlikely compromise of the Customer's vital information.

Liability

YOU UNDERSTAND AND AGREE THAT JB Webhosting, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JB Webhosting, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.