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08/28/2007 09:52
jxHosting.com - Terms and Conditions
jxHosting.com Website Hosting Terms and Conditions
Revision Date: August 27, 2010
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by jxHosting.com and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
jxHosting.com reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers.
jxHosting.com may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following
jxHosting.com' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment & Refund.
As consideration for jxHosting.com providing the Hosting Services hereunder, Customer agrees to pay jxHosting.com the aggregate monthly fee based on the monthly hosting services and the terms selected.
CANCELLATION OF SERVICES - REFUND POLICY
- Cancellations and Refunds. JxHosting.com provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions:
- Nonrefundable Fees: Fees paid by Subscriber in connection with the purchase of SSL certificates, domain privacy, and domain names are nonrefundable.
- Cancellations within First 3 Days of Registration. In the event Subscriber cancels the Services within 3 calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A). Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $10 per domain name.
- Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A), subject to the following additional mandatory reductions:
- Free Domain Names: If Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the registration, Subscriber's refund will be reduced by $10 per domain name. Subscriber will retain full ownership and control of any such domain names.
- Postini/DedIP Any fees paid by Subscriber in connection with Postini or for services of a Dedicated IP will be refunded at a prorated rate based on the registration date, the length of service, and the date of cancellation.
- Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(A) and setup fees, if any, which are nonrefundable after 30 calendar days, receive a pro-rated refund for all other fees paid for Services, less $10 per "Free Domain Name."
- Notice of Cancellation. Subscriber agrees to direct all cancellation requests to JxHosting.com via email, support@jxHosting.com, phone (347) 923-7123, or online chat. The cancellation request must include verification of ownership of the hosting account and/or domain(s), as determined by JxHosting.com. Subscriber must also confirm to JxHosting.com that all emails, files, and databases are preserved and backed up somewhere other than JxHosting.com server space. Once confirmed the cancellation can be processed.
- Softwares / Programs – All sales are final and no refund on softwares or programs.
- Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee.
2. Provision of Services.
jxHosting.com will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that jxHosting.com will host and create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content.
With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to jxHosting.com. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than jxHosting.com, and licensed by jxHosting.com or generally available to the public, including Customer, under published licensing terms, and that jxHosting.com will use to display or run a Web site.
jxHosting.com owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.
4. Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for jxHosting.com and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of jxHosting.com. All rights to the Background Technology not expressly granted to Customer hereunder are retained by jxHosting.com. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to jxHosting.com the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to jxHosting.com hereunder, solely for the purpose of rendering jxHosting.com' Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason. 6. Content Standards. Customer agrees not to provide Customer Content, and jxHosting.com will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. jxHosting.com reserves the right to refuse any other subject matter it deems inappropriate.
7. Support.
jxHosting.com agrees to provide reasonable technical support by email to Customer during jxHosting.com's normal technical support hours. jxHosting.com will provide customer support by telephone if the customer purchased telephonic support time.
8. Term and Termination.
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated;
(b) jxHosting.com may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay jxHosting.com for all Services provided to Customer by jxHosting.com prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and jxHosting.com expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that jxHosting.com will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by jxHosting.com to a Customer will be deemed accepted when delivered.
10. Indemnity.
(a) Customer Indemnity. Customer will defend jxHosting.com against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section. Subject to Section 11, Customer shall indemnify jxHosting.com for all losses, damages, liabilities, and all reasonable expenses and costs incurred by jxHosting.com as a result of any such third-party claim, action, suit, or proceeding.
(b) jxHosting.com' Indemnity. jxHosting.com will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, jxHosting.com shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding.
(c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party:
(i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity;
(ii) granting control of the defense and settlement to the indemnifying party; and
(iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
11. Limitation of Liability.
jxHosting.com's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO jxHosting.com DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. jxHosting.com SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF jxHosting.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, jxHosting.com WOULD NOT ENTER INTO THIS AGREEMENT.
jxHosting was founded in 2007 to provide reliable, fast and PCI Compliant hosting services for the specialized needs of ecommerce shopping cart software - specifically Zen Cart, osCommerce and Mangento . Before starting hosting services, we ourselves had tried many web hosting companies which claimed to support Mangento, osCommerce or Zen Cart. But time and time again, we were disappointed in the service provided. Sometimes it was page parse times and/or SQL queries that were horribly slow. Other times it was hosts with transaction limits on their database or even throttling our sites bandwidth.
It quickly became apparent that the vast majority of hosts don't care about the needs of Mangento, Zen Cart and osCommerce users. They just want to overload their servers with as many accounts as possible to squeeze every last dime out their investment. (yes, that is greed)
A significant majority of our clients are refugees from other hosting companies, including some very big and well known names in the business -- even some who claim to 'specialize' in Mangento, OSC and Zen Cart hosting.
