1. User Agreement Summary
This User Agreement ("Agreement") is an agreement between JBC Web Hosting. ("JBC") and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the "Order Form"), and applies to the purchase of all services (collectively, the "Services") ordered by Customer on the Order Form. Such party is referred to in this Agreement as "Customer" or "you". PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING JBC'S USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. JBC reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by JBC. Activation of the Services shall indicate JBC 's acceptance of this Agreement. Subject to the terms and conditions of this Agreement, JBC will provide to the Customer the Services selected by the Customer set forth on the Order Form.
If you no longer agree to these terms and conditions, or no longer find them acceptable, please visit: contact JBC@jbchosting.com, so that we can initiate a closure of your account.
1a. Usage Policy
Under this Agreement, Customer shall comply with JBC's then current "Usage Policy", as amended, modified or updated from time to time by JBC, and which is incorporated in this Agreement by reference. Customer hereby acknowledges that it has reviewed the Usage Policy and that the terms of the Usage Policy are incorporated herein by reference. In the event of any inconsistencies between this Agreement and the Usage Policy, the terms of the Usage Policy shall govern. JBC does not intend to systematically monitor the content which is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Notwithstanding anything to the contrary contained in this Agreement, JBC may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the Usage Policy. In the event JBC takes corrective action due to a violation of the Usage Policy, JBC shall not refund to Customer any fees paid in advance of such corrective action.
2. Amendment
JBC may amend, modify or update this Agreement or the Usage Policy at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. JBC Web Hosting may, but is under no obligation to, provide notice of any amendment, modification or update of this Agreement or the Usage Policy. Any modification is effective on the earlier of two days after posting on JBC's Usage Policy website or two days after the sending of a notice by JBC to Customer by e-mail or conventional mail. If any modification to this Agreement or the Usage Policy is unacceptable to you, you may terminate your subscription as provided in Section 1. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. JBC reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers. It is the responsibility of the Customer to check e-mail sent to the primary login e-mail address on the account and/or the Policies of JBC.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to Customer. After the Initial Term, this Agreement shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
This Agreement may be terminated (i) by either party by giving the other party 30 days prior written notice, (ii) by JBC in the event of nonpayment by Customer, (iii) by JBC, at any time, without notice, if, in JBC's judgment, Customer is in violation of any term or condition of the Usage Policy or Customer's use of the Service disrupts or, in JBC's judgment, could disrupt, JBC's business operations and (iv) by JBC in accordance with Sections 2, 9, and 10 of this Agreement, or (v) within the first 30 days of the contract between JBC and the Customer, as outlined in our 30-day guarantee (Section 19).
If you cancel this Agreement prior to the end of the Term, (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation, (ii) JBC shall refund to you all pre-paid fees for basic hosting services for the full months remaining after effectiveness of cancellation (i.e., no partial month fees shall be refunded), and any discount applied for prepayment (iii) and you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term (other than basic hosting fees as provided in (ii) above). Any cancellation request shall be effective 30 days after receipt by JBC, unless a later date is specified in such request.
If JBC cancels this Agreement prior to the end of the Term, JBC shall not refund to you any fees paid in advance of such cancellation and (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation (ii) and you shall be obligated to pay 100% of all charges for all Services for each month remaining in the Term. In the event that JBC determines that inappropriate usage of this account warrants immediate termination, reasonable efforts will be made to inform Customer in writing of the action but JBC shall take such further steps as required by law of court order.
If a Customer re-registers after JBC's cancellation of the account without JBC's prior approval and consent, JBC will cancel Customer's account and all dues and fees paid to date, regardless of whether service has been rendered, will be forfeited. Additionally, any amounts due will be immediately payable.
Transferring your domain to another provider does not constitute canceling your JBC account. You must notify JBC to formally cancel your account with JBC to avoid further charges.
4. Billing and Payment
All fees for the Services shall be in accordance with JBC's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Payment is due upon receipt of JBC's monthly invoice. Accounts are in default if payment is not received within 10 days after date of invoice. If your payment (check) is returned to JBC unpaid your account will be deemed to be in default and you will be charged a returned check charge of $25 in addition to interest and penalties as further provided herein. JBC may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due JBC remains unpaid 15 days after such payment is due, JBC, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of JBC) shall be paid by Customer.
JBC may, with 30 days notice to Customer, amend the Services and/or the rates and fees it charges for the Services. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.
Customer agrees that JBC may pre-charge Customer's fees for the Services to the credit card supplied by Customer during registration.
Renewals of any open accounts are automatic, unless notified before anniversary date of when the account was opened. Your use of a credit card to pay for our services constitutes acceptance of continued renewal charges until such time as you notify us in writing that you are canceling your services with us (See Section 3. Term; Termination; Cancellation Policy).
5. JBC as Reseller or Licensor
JBC Hosting is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-JBC Product"). JBC shall not be responsible for any changes in the Services that cause the Non-JBC Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-JBC Product either sold, licensed or provided by JBC to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of JBC's obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-JBC Product are limited to those rights extended to Customer by the manufacturer of such Non-JBC Product. Customer is entitled to use any Non-JBC Product supplied by JBC only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by JBC to Customer through any Non-JBC Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. This Service may only be used for lawful purposes. Customers are prohibited from transmitting via the Service any unlawful or otherwise harmful material nor shall any information or materials be transmitted in violation of any local, state, or Federal regulation(s) or applicable international covenant or treaty. Customer agrees to comply with all Federal, State, local and foreign laws and regulations, as applicable.
6. IP Address Ownership
If JBC assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to JBC, and Customer shall have no right to use that Internet Protocol address except as permitted by JBC in its sole discretion in connection with the Services, during the term of this Agreement. JCB shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by JBC, and JBC reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
7. Caching
Customer expressly (i) grants to JBC a license to cache the entirety of the Customer Content and Customer's website, including content supplied by third parties, hosted by JBC under this Agreement and (ii) agrees that such caching is not an infringement of any of Customer's intellectual property rights or any third party's intellectual property rights.
8. CPU Usage
Customer agrees that Customer shall not use excessive amounts of CPU processing on any of JBC's servers. Any violation of this policy may result in corrective action by JBC, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in JBC's sole and absolute discretion. If JBC 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.
9. 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 on the Order Form (the "Agreed Usage"). JBC will monitor Customer's bandwidth and disk usage. JBC 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 in JBC's sole and absolute discretion. If JBC 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.
10. Customer Web Site; E-Commerce; Customer Warranties
Customer shall be solely responsible for the development, operation and maintenance of Customer's website, online store and e-commerce activities, for all products and services offered by Customer or appearing online and for all contents and materials appearing online or on Customer's products, including, without limitation (i) the accuracy and appropriateness of the Customer Content and content and material appearing in its store or on its products, (ii) ensuring that the Customer Content and content and materials appearing in its store or on its products do not violate or infringe upon the rights of any person, and (iii) ensuring that the Customer Content and the content and materials appearing in its store or on its products are not defamatory or otherwise illegal. Customer shall be solely responsible for accepting, processing and filling customer orders and for handling customer inquiries or complaints. Customer shall be solely responsible for the payment or satisfaction of any and all taxes associated with its website and online store.
Customer shall be responsible for the security and confidentiality of any customer information (including, without limitation, customer credit card numbers) that Customer may receive as a result of its website or online store.
Customer represents and warrants to JBC that Customer owns or has the right to use the Customer Content and material contained therein, including all text, graphics, sound, music, video, programming, scripts and applets, and the use, reproduction, distribution and transmission of the Customer Content and any information and materials contained therein does not, and will not, (i) infringe or misappropriate any copyright, patent, trademark, trade secret or any other proprietary right of a third party, (ii) violate any criminal laws or (iii) constitute false advertising, unfair competition, defamation, an invasion of privacy, violate a right of publicity or violate any other law or regulation. Such materials will be removed at any time upon receiving a valid complaint and or notice or copyright infringement. If JBC becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation.
To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certificate signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, JBC, at its discretion, may, at any time deny access to the challenged material of Customer.
Customer grants JBC the right to reproduce, copy, use and distribute all and any portion of the Customer Content to the extent needed to provide and operate the Services. Use of JBC's hosting services could involve listing subscriber's participation in relevant directories, and subscriber expressly grants permission for such listings.
11. Disclaimer of Warranty
Customer agrees to use all Services and any information obtained through or from JBC, at Customer's own risk. Customer acknowledges and agrees that JBC exercises no control over, and accepts no responsibility for, the content of the information passing through JBC's host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF JBC, ITS SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, AN "JBC PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT JBC PROVIDES. NO JBC PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. JBC IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY JBC. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY JBC PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this section shall survive any termination of this Agreement.
12. Indemnification
Customer agrees to indemnify, defend and hold harmless JBC and its subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) Customer's use of the Services, (ii) any violation by Customer of the Usage Policy, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.
13. Limitation of Liability
Customer agrees that no JBC Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to JBC at the time) which may exist in the Services or JBC's equipment used to provide the Services.
Under no circumstances, including negligence, shall any JBC Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if JBC has been advised of the possibility of such damages. No JBC Person shall be liable to Customer for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to JBC's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, JBC's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12 month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.
JBC shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
14. Governing Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles. The parties agree that all claims concerning this Agreement shall be brought exclusively in the state or federal courts located in the City of Salt Lake City. The parties hereby consent to submit to the jurisdiction of such courts and waive any personal jurisdiction or venue defenses concerning such forum. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this section shall survive any termination of this Agreement.
15. Assignment
Customer shall not resell the Services to any other party unless prior written consent has been approved by JBC (i.e.: Customer is a Reseller in good standing.). Customer shall not have the right to assign this Agreement without the prior written consent of JBC. This Agreement shall be binding upon and inure to the benefit of Customer and JBC and their successors and permitted assigns.
16. Entire Agreement; Severability
This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void the remainder of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
JBC accounts cannot be transferred or used by anyone other than the subscriber. Customers may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this Policy. Customer may allow ftp access to its server and host web sites for its customers without violating this Policy.
17. Backups
Full backups are made daily every 15 minutes of new or altered data. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Customer's responsibility to maintain local copies of their web contents and any information on their account including but not limited to Customer's web site, e-mail, databases, mailing lists and archives.
18. Customer Support Services
Customer agrees to use the Help Desk located at JBC@jbchosting.com for technical support issues. JBC does, however, offer telephone support to Customer. Customer agrees not to abuse this resource. JBC shall have sole authority to determine violations of this policy.
19. Money Back Guarantee
JBC is pleased to offer a money-back guarantee within 30 days of your account activation should we fail to provide satisfactory service. We do not refund InterNIC registration fees. Furthermore, JBC will not and cannot be responsible for any fees that you charge for your services to your customers. Our guarantee does not apply to accounts which violate our acceptable use policies or which exceed the data transfer limits during the first 30 days.
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