Last modified - 03/31/2004

All users of JBServers Hosting's services, and all customers upon signing up for JBServers Hosting's services, agree to comply with JBServers Hosting's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using JBServers Hosting's services with due regard to the rights of other Internet users and in conformity with the requirements of JBServers Hosting's network environment. The TOU are not exhaustive and JBServers Hosting reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.JBServers.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@JBServers.com. The TOU supersedes any other agreement with JBServers Hosting, whether written, oral, by conduct, or otherwise.

A. JBServers Hosting Web Hosting & Reseller Customer Restrictions
B. JBServers Hosting Dedicated Server Customer Restrictions
C. All JBServers Hosting Customer Terms of Use
D. All JBServers Hosting Customer Billing Policy

A. JBServers Hosting Web Hosting & Reseller Customer Restrictions

The following Terms of Use apply only to JBServers Hosting's Web Hosting, Resellers and Resellers customers, and supplement the terms in sections C and D that apply to all JBServers Hosting customers:

Reseller Accounts

JBServers Hosting does not offer any direct support to our reseller's customers, that is the sole responsibility of the reseller. If you are unable to resolve their support issues, or it is beyond the scope of account privileges please submit a trouble ticket to our support desk. You, the reseller, your customers or clients, and any account which is hosted under your reseller account must abide by JBServers Hosting's Terms of Use Policy.

Server Resources

Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. JBServers Hosting will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Reseller accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of USD $9.95/month. Any Web Hosting and Reseller account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to JBServers Hosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a JBServers Hosting server, and selling or distributing software (on a web site residing on a JBServers Hosting server) that facilitates spamming. Do not advertise or put our link on any site that is promoted in any way related to unsolicited email, ICQ or IRC spams, or newsgroup postings. Opt-in email newsletters require pre-approval. Please be aware, MRG lists is not acceptable, as well as, any other program that hides the sender email address. We terminate sites without notification when any of these types of programs are discovered.

First violations of this policy will result in an "Administrative Fee" of USD $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of USD $100 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 USD $75 per hour that JBServers Hosting personnel must spend to investigate the matter.

JBServers Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

CGI Scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. JBServers Hosting does not permit CGI script sharing with domains not hosted by JBServers Hosting or any scripts that may be abused for UCE purposes.

Chat Rooms

JBServers Hosting does not allow Web Hosting and Reseller customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. JBServers Hosting provides chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs

JBServers Hosting may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Reseller customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact JBServers Hosting at sales@JBServers.com so that we can arrange set-up.

IRC

JBServers Hosting does not allow IRC or IRC bots to be operated by Web Hosting and Reseller customers. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or like services.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. JBServers Hosting Web Hosting and Reseller accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on JBServers Hosting's Web Hosting and Reseller servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

SSH/Telnet Access

SSH access to our server is granted on a limited basis. To obtain SSH access you need to send sales@JBServers.com a copy of the account holders photo ID. Also include justification to why you need SSH access, we will then determine if we will grant SSH access to you. There are very few vaild reasons for granting SSH access.

phpshell / cgitelnet scripts, like scripts are not allowed at all, for any reason on our servers. Any website found with this script installed will be immeidately terminated.

JBServers Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the JBServers Hosting Network. Violations of system or network security may result in civil or criminal liability. JBServers 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 forum posting.

Taking any action in order to obtain services to which such user is not entitled.

Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. JBServers Hosting will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

B. JBServers Hosting Dedicated Server Customer Restrictions

C. All JBServers Hosting Customer Terms of Use

The following Terms of Use apply to ALL JBServers Hosting customers, and all JBServers Hosting's resellers customers:

Bandwidth

Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. JBServers Hosting will monitor Customer's bandwidth and disk usage. JBServers 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 in JBServers Hosting sole and absolute discretion. If JBServers 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, JBServers Hosting may, at its sole discretion, collect a deposit, in an amount determined by JBServers Hosting, against customer's credit card on file with JBServers.com.

JBServers Hosting Services

JBServers Hosting's services include, but are not limited to:

1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that JBServers Hosting provides to customers);
2. any use by customers, or any access provided to customers by JBServers Hosting, of computing, telecommunications, software, information, hardware, and equipment;
3. any act, or provision of any service, by JBServers Hosting to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. any provision by JBServers Hosting to customers, of any space, Internet connectivity, or electrical power;
5. any access or use related to the JBServers Hosting's web site, including the web site itself;
6. any other service mentioned in the TOU;
7. any other service provided by JBServers Hosting to customers, whether used or not;
8. any other JBServers Hosting services that are used by customers, whether offered or provided by JBServers Hosting to customers.

Ownership of Web Site

The legal owner of customers' web sites and accounts with JBServers Hosting will be the individual or organization whose name is listed in JBServers Hosting's database as the owner. Customers will fully cooperate with and abide by any and all of JBServers Hosting's security measures and procedures in the event of any dispute over ownership of customers' web sites and accounts with JBServers Hosting.

Illegal Use

JBServers Hosting servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing JBServers Hosting services, all JBServers Hosting customers certify that they and/or the organization they represent in procuring services from JBServers Hosting are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to JBServers Hosting's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a JBServers Hosting server, and selling or distributing software (on a web site residing on a JBServers Hosting server) that facilitates spamming. Violators will be assessed a minimum fine of USD $200 and will face immediate suspension. JBServers Hosting reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of JBServers Hosting's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use JBServers Hosting's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All JBServers Hosting customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a JBServers Hosting customer (per the DMCA) to JBServers Hosting must follow the below procedures. Copyright infringement notifications submitted to JBServers Hosting according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at JBServers Hosting's sole discretion.

DMCA Copyright Infringement Notification Requirements:

1. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
2. Identification of the copyrighted work(s) claimed to have been infringed.
3. Identification of the material claimed to infringe the copyright(s), and enough information for JBServers Hosting to locate it including URLs and specific descriptions of the infringing material at each URL.
4. The Claimant's name, address, and telephone number(s).
5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
7. Mail the notification to: abuse@JBServers.com

Adult Content

Adult Content and sex-related merchandising are NOT allowed on JBServers Hosting servers. This includes sites that may infer sexual content or provide links to adult content elsewhere.

Child Pornography

The use of JBServers Hosting's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. JBServers Hosting is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Privacy

JBServers Hosting is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, JBServers Hosting urges its customers to assume that all of their on-line communications are insecure. JBServers Hosting cannot take any responsibility for the security of information transmitted over JBServers Hosting's facilities. Additional details on privacy and JBServers Hosting's use of customer information can be found in JBServers Hosting's Privacy Statement located at http://www.jbservers.com/hosting/privacy.php

Customer Responsibility

Customers are required to use the JBServers Hosting network responsibly. This includes respecting the other customers of JBServers Hosting. JBServers Hosting reserves the right to suspend and/or cancel service with any customer who uses the JBServers Hosting network in such a way that adversely affects other JBServers Hosting customers. While JBServers Hosting may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, JBServers Hosting does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when JBServers Hosting becomes aware of any violation of the TOU or other user agreements, JBServers Hosting may take any action to stop or correct such violation, including, but not limited to, denying access to JBServers Hosting's services and equipment or to the Internet. In addition, JBServers Hosting may take action against a customer or a customer of such customer because of the activities of such customer. JBServers Hosting anticipates that customers who offer Internet services will cooperate with JBServers Hosting in any corrective or preventive action that JBServers Hosting deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of JBServers Hosting policy and JBServers Hosting reserves the right to take any such action even though such action may affect other customers of the JBServers Hosting customer.

Actions Taken by JBServers Hosting

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. JBServers Hosting will be the sole arbiter as to what constitutes a violation of the TOU. JBServers Hosting reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When JBServers Hosting becomes aware of an alleged violation of its TOU, JBServers Hosting will initiate an investigation. During the investigation, JBServers Hosting may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, JBServers Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account, or resellers customers account and/or pursue other civil remedies. If such violation is a criminal offense, JBServers Hosting will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. JBServers Hosting does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by JBServers Hosting.

Indemnification

JBServers Hosting customers agree to protect, defend, hold harmless, and indemnify JBServers Hosting, any third party entity related to JBServers Hosting (including, without limitation, third party vendors), and JBServers Hosting's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as JBServers Hosting, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of JBServers Hosting's services.

Disclaimer

The JBServers Hosting service is provided on an as is, as available basis 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. JBServers Hosting expressly disclaims any representation or warranty that the JBServers Hosting service will be error-free, secure or uninterrupted. No oral advice or written information given by JBServers Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. JBServers Hosting and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, JBServers Hosting may immediately terminate provision of JBServers Hosting's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against JBServers Hosting in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL JBServers HOSTING (INCLUDING, WITHOUT LIMITATION, JBServers HOSTING's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS JBServers HOSTING, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING JBServers HOSTING's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSE SINCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR JBServers HOSTING SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY JBServers HOSTING SERVICES EVEN IF JBServers HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JBServers HOSTING's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR JBServers HOSTING's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY JBServers HOSTING OR JBServers HOSTING's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

JBServers Hosting may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with JBServers Hosting's services. Certain changes to JBServers Hosting's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and JBServers Hosting is not liable, for any and all such personalized applications and content, except as expressly agreed to by JBServers Hosting.

Backup of Data

Except where JBServers Hosting has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and JBServers Hosting is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with JBServers Hosting services. We will perform nightly backups of your sites, however this is only for use in case of catastrophic incidents, you are responsible to all off site backups. The backups we perform are not available to customers directly.

Third Party Licenses

JBServers Hosting makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, JBServers Hosting makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, JBServers Hosting specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold JBServers Hosting liable in any way for the revocation of any license, which has been licensed to JBServers Hosting. The use of the Technologies obtained from or through JBServers Hosting, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-JBServers Hosting Products

Any mention of non-JBServers Hosting products by JBServers Hosting, its employees, or any third party entity related to JBServers Hosting is for information purposes only and does not constitute an endorsement or recommendation by JBServers Hosting. JBServers Hosting disclaims any and all liabilities for any representation or warranty made by the vendors of such non-JBServers Hosting products or services.

JBServers Hosting's Intellectual Property

Customers will not, without JBServers Hosting's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on JBServers Hosting's web site, and customers will not use any of JBServers Hosting's trademarks, service marks, copyrighted materials, or other intellectual property without JBServers Hosting's express written consent. Customers will not, in any way, misrepresent their relationship with JBServers Hosting, attempt to pass themselves off as JBServers Hosting, or claim that customers are JBServers Hosting.

Assignment

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for JBServers Hosting's services, either in whole or in part, without the prior written consent of JBServers Hosting.

Minimum Age Requirement

JBServers Hosting customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a JBServers Hosting customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for JBServers Hosting services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains JBServers Hosting's express written consent to the contrary. Any acceptance of the TOU or any other agreement for JBServers Hosting's services will be deemed null and void to the extent that JBServers Hosting will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of JBServers Hosting's services.

Governing Law and Severability

The TOU, and any other agreement for JBServers Hosting services, will be governed by and construed in accordance with the laws of the United States and Canada without reference to its conflicts of laws principles. If any provision or portion of the TOU or other JBServers Hosting agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

JBServers Hosting will not be liable for delays in its performance of the TOU or JBServers Hosting services caused by circumstances beyond JBServers Hosting's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). JBServers Hosting will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Not withstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for JBServers Hosting services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of JBServers Hosting.

Independent Contractors

Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between JBServers Hosting and its customers. Each of JBServers Hosting and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for JBServers Hosting services, constitutes the complete understanding and agreement between JBServers Hosting and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of JBServers Hosting, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for JBServers Hosting services is between JBServers Hosting and its customers only and will not confer any rights in any third party except as otherwise expressly provided by JBServers Hosting.

D. All JBServers Hosting Customer Billing Policy

The following Terms of Use constitute JBServers Hosting's Billing Policy and apply to ALL JBServers Hosting customers:

Payments

All charges are shown in USD Dollars. Payments are to be made in USD dollars. JBServers Hosting accepts the following types of payment: - Check/money order
- Credit card (VISA, MasterCard, American Express, Discover)
- PayPal
- Check
- Cash
- Money Orders


All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide JBServers Hosting your credit card information, you authorize JBServers Hosting to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card or paypal account until such time that you cancel your account in accordance with JBServers Hosting's Billing Policy in the TOU. You are responsible for directly updating, or notifying JBServers Hosting, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.

Accounts that are two (2) days past due will be automatically suspended. For resellers if you are (3) days past due all your accounts will be suspended.

Sites suspended for non-payment, may be required to pay up to an entire year in advance before being un-suspended and/or pay a USD $15.00 re-activation fee, per incident. In addition, all fees due, must be collected before re-activation. Accounts that are not collectable by JBServers 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 USD $50, but no more than USD $150.

Billing Cycles (Terms)

JBServers Hosting offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.

All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the original plan/package rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.

Statements

JBServers Hosting does not mail paper invoices or statements. We will notify you 3 days prior to billing your account, this is a reminder for your records, once your account is billed you will get a email notice of payment from the payment processor.

Fees

• Returned (NSF) Checks
  JBServers Hosting charges a USD $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
• Credit Card Chargebacks
  A $25.00 chargeback fee will be assessed for each credit card chargeback received by JBServers Hosting.
• Reactivation
  Customers that wish to reactivate a closed account will be assessed a USD $19.95 reactivation fee. A USD $99.95 fee will be assessed if JBServers Hosting restores your data files to your reactivated account.
• Hosting Plan Changes
  Customers electing to change to a lower priced hosting plan on the same platform will be charged a USD $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
• Platform Change
  Customers that elect to change plans to a different operating system platform will be charged a USD $19.95 platform change fee.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact JBServers Hosting's Billing Team, at sales@JBServers.com. JBServers Hosting's billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.

Cancellation requests must be received by JBServers Hosting a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by JBServers Hosting. JBServers Hosting is unable to cancel your account effective for a future date. JBServers Hosting will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact JBServers Hosting as soon as possible.

If you request to cancel your account within the first 30 days of service and request a refund, we will close your account immediately once the refund is processed.

JBServers Hosting does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to JBServers Hosting's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. JBServers Hosting reserves the right to cancel any account, at any time, without notice, for any reason JBServers Hosting considers appropriate.

30 Day Money Back Guarantee

Each of JBServers Hosting's shared hosting plans and reseller hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; gameservers, voice solutions, web design, and anything other than certain shared hosting plans, and overage fees. There are no refunds currently for any gameserver, hltv, teamspeak, irc, shoutcast, or ventrilo services. These services require server resource, bandwidth, techincal work, and time consumption of our staff and all other tos will be disreguarded along with icons or logos suggesting these service refunds. Any additional services, mod installation, phone support, or any additions to these packages will not be refunded under ANY circumtance. JBServers will do its best to provide the services the best it can and will refund any money to services that it feels it did not substancially attempt to install or give service to and or for. In addition currently there are only two plans that offer this money back guarantee. That is the yaerly $500 shared hosting plan for web developers. The reseller plan applicable is the monthly $2500 dollar plan. These plans are available by special qoute and contact only and not through an order form. Any plan, product, or service obtained through any orderform of ours or elsewhere does not carry a money back guarantee and we will not allow it.

Performance and Uptime Guarantee

JBServers Hosting guarantees that the network will be available 99% of the time in a given month, excluding scheduled maintenance and circumstances beyond our control (i.e. down routers, faulty hardware, DoS attacks, web site configuration issues, mis-configured customer scripts and applications, etc.). Therefore after network downtime of 437.76 minutes per month JBServers Hosting will refund 100% of the next months hosting fee. However this does exclude gameservers, vent , and hltv servers. It is possible for an ip to change, server restart for settings, and or many other possible issues.

What others host don't tell you.

How is the 437.76 minutes calculated? There are 365 days per year divided by 12 months in a year = 30.4 days per month. And there are 60 minutes in an hour, 24 hours in a day or 1440 minutes in one day. So 30.4 days per month times 1440 minutes each day is 43776 minutes per month. 1% of that is 437.76 minutes a month, or 7.2 hours a month.

This guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" or other issues outside of our control. If you have a dedicated server through our network, the same SLA applies. Both web hosting and dedicated server customers SLA does not cover any load issues caused by illegal or mis-configured customer software running on the server. Connectivity is measured as the ability of the server to transmit and receive data, that means if mySQL is down but your website is still working and/or your email is working there is no downtime. Downtime is complete website inaccessibility.

To be eligible for this SLA, your account must be in good standing. To have your account credited under the SLA a trouble ticket must be submitted and verified, you must provide third party documentation verifying the downtime. All requests for credit should be made to the billing department with a trouble ticket number referenced by the 3rd of the following month. Any customer within the JBServers Hosting Network automatically qualifies to participate in this SLA.

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment unless JBServers sees that for any reason it should be given otherwise or can only ive otherwise. There are no refunds offered or promised after 30 days. However as prevoiusly outlined in the guidelines of the 30 Day Money Back Guarantee, this does not apply to gameservers, vent server, hltv servers, ftp servers, dedicated servers , or any oter service besides webhosting. Domains as well will not be refunded as all of these require much of the money given to provide the service there will be NO refunds. Refunds for any mod installation, phone support, or any additions to any of these excluded packages can and will not be refunded. JBServers will do its best to provide extra or additional services, charged or not, but will not refund any money for unfillfilled requests or services that were not finished if we beleive we did not have time or resources to do. However if we feel it necessary for any reason we will not refund. Refunsd are only available for 2 webhosting plans. The $500 yearly shared plan and the $2500 monthly reseller plan. These services are the only products elgible for purchase or sale through us. They are not on any order form and can only be purchased through a salesman or direclty qouted and setup.

Credit Card Disputes/Chargebacks

JBServers Hosting has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at JBServers Hosting's discretion. A charge of USD $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

JBServers Hosting's policies and prices are subject to change without notice. Any price changes will only affect new accounts, or upgrade/downgraded accounts.

Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. Address, e-mail, fax, and telephone contacts are used, in that order of preference. We also do require full first and last name, along with anything else that we feel is neccessary within limits of reasonability.
JBServers is shortned for Josh Bois Servers, which is a sole propreitorship based in california.