Terms and Conditions
This is a legal and binding agreement between you, the Customer, and Jacobson Hosting. By using, installing or accessing the Jacobson Hosting website, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on the Jacobson Hosting web site, all services will be discontinued, activation of the account will cease and your account terminated. We reserve the right to change our terms of conditions from time to time.
Because the Terms and Conditions contain legal obligations, please read them carefully. Please direct any legal questions to firstname.lastname@example.org.
We provide World Wide Web page shared hosting, Marketing and Development. Our Company has certain legal and ethical responsibilities consisting with the use of its servers and any other equipment involved in these services.
Our general policy is to act as a provider of Internet presence. We reserve the right to suspend or cancel a customer's access to any or all services provided by Us when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server, or customer, of Ours is strictly prohibited. Unauthorized use of other people's accounts or computers
IMPORTANT NOTE - We have the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined in this document.
Customers may not run IRC, bots or clients on Dedicated/shared servers. Accounts may be terminated that include the following content or which have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual Displaying material containing obscene nudity, child pornography or pornographic material. Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities. Domains are immediately deleted from our servers if they posses any pirated computer programs and accounts will be suspended without warning.
NOTE: ALL CONTENT UNDER THE DELETED DOMAIN WILL BE REMOVED(DESTROYED) WITH THE DELETION OF THE SAID DOMAIN HOSTING ANY WAREZ ( PIRATED SOFTWARE), CHILD PORNOGRAPHY, PORNOGRAPHIC MATERIAL.
BANDWIDTH OVERAGE USAGE:
You will receive a notice with your overage bandwidth usage.
You will have 4 days to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.
We will be the sole arbiters as to what constitutes a violation of this provision.
UNSOLICITED E-MAIL (SPAM):
Unsolicited commercial advertisements (Spam) are not allowed in e-mail, and will likely result in account cancellation.
We take a zero-tolerance approach to Spam originating from our servers or for Spam advertising of domains hosted on our servers.
The following activities are not allowed:
Unsolicited bulk or commercial messages ("Spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth Spam will be terminated without warning and without refund.
Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
Note: If you use the services of another provider to promote a web site hosted by or through Us (spamvertising), then the provisions of the above Policy shall apply as if the Spam were sent through our servers.
Emails sent from our servers must have valid reply email addresses and must be hosted with US or our one of our resellers.
Please be advised that if our servers are blocked because of you spamming you will be held liable and all fees occurred in the matter will be billed to your account and possible account termination with no refunds.
Emailing abuse carries a fine of up to $100 USD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action.
UNLIMITED E-MAIL "Dedicated Servers Do Not Apply"
Our unlimited email accounts can only be used for personal accounts or company accounts. The can not be given out to others for a payment or free. Anyone caught abusing this will be charged $1.00 per account per month that will be payable immediately including any months in arrears.
PAYMENT OBLIGATIONS, RENEWALS, AND CANCELLATIONS:
Full payment is required in advance, before hosting service is established. All payments are in U.S. currency unless otherwise stated. You give us the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by us according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that we may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be suspended. Once your account is suspended, you will need to pay $10 for the set up fee and the monthly fees to reopen the account. There is a $20 fee for bounced check. There is a charge for non fraud related chargebacks of $30 processing fee plus US or Canadian collection Agency fees for chargeback collections. There is a 5.00 charge for a second late payment and then each time after that.
Your account will be automatically renewed under the same time it is currently set at unless you give written notice to us fifteen (15) days before the renewal date that you do not wish to renew such account or would like to change the plan. Promotions are not included in renewals.
We reserve the right to increase our rates on notice to you. Clients will be notified at least 30 days prior to any rate increases. Rate increases will NOT go into effect for plans that are active, until the renewal date falls on or after the date the new rates went into effect.
Renewals can be made at anytime prior to any rate increases. The new rates will NOT go into effect if renewals are made prior to the date of the rate increase. Plans can be renewed or changed even if there is still time left on a plan to avoid any increase rates that may be coming into effect. The new rates will NOT apply till the renewal date falls on or after the date the new rates went into effect.
We reserve the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Us if it institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Our web hosting plans are backed by a 30 day money back guarantee" Dedicated Servers/Cloud Servers Do Not Apply". (No refunds are given on Dedicated Servers/Cloud Servers). If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if we are notified within the first 30 days following activation. NO REFUND IS AVAILABLE AFTER THE 30th DAY. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees etc. Due to security concerns, all account cancellations must be done via our Control Panel. Phone or email requests will not constitute acceptance of any cancellation. All cancellations must be received by creating a support ticket through the online control panel as per the deadlines indicated. Refunds will be made by check or issued back to your credit card within 60 days of receipt of cancellation. The 30 Day guarantee is good for the initial sign up only, you can cancel your account and then sign up again but any subsequent signup's will have no guarantee coverage with them.
NOTE: Bandwidth used can not be more than 30% of the total of the included in the plan selected. This is to stop Warez from being served from our servers. Refunds for cancellation are always at the end of the current billing period (month). We will adjust the amount 24 hrs after.
There is no refunds at all on domain registration. Users must make sure the spelling and information is correct before purchased.
LIFETIME DOMAIN PROMOTION:
If a account is entitled for a Lifetime Domain this will only stay in effect as long as the clients account is Hosted on our servers. Lifetime Domains only apply to certain annual plans. At renewal time the same plan in yearly intervals must be purchased for the Lifetime Domain to stay in effect.
Jacobson Hosting uses several different Domain Registration Services/Companies to buy Lifetime Domains, this depends on time of sign-up which one is used. You give Jacobson Hosting the right to choose a reliable ICANN Registration Company.
If a client chooses to leave Jacobson Hosting during their current term, and chooses to take solely responabilty of their domain, the amount paid by Jacobson Hosting will be prorated with the remaining days left in the Term and billed to client. Clients Domain will not be released to client till amount owed is paid. When amount owed is paid, Jacobson Hosting will no longer be responable for the domain, and the domain will be released along with the information for the Registaraton Company it's register at.
If client chooses to leave Jacobson Hosting at renewal time, and chooses to take sole responability of their domain, Jacobson Hosting will no longer be responable for the domain, and the domain will be released along with the information for the Registaraton Company it's register at.
Each shared web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning(EX:adcycle ). Some scripts use too much system resources and must be on a dedicated server.
Scripts that scan us or dig into our server directories are not allowed. Your account can be immediately terminated with no refund. (EX: PHPShell)
Dedicated Servers Do Not Apply
Anonymous proxies, CGI proxies, cookie hiding proxies, E-mail proxies, and any other form of proxy is not allowed on any server. Any proxy found running on any account will be immediately disabled, and the user notified. If attempts to continue running proxies are made, the account may be suspended without further notice given.
This policy includes all forms of proxies that may be run, from CGI, Perl, PHP, Python, ASP, and ASP.net, or any other scripting language, along with any form of XML based proxies.
We do not allow clients to install their own chat rooms within a shared hosting account without permission from us. Pre-Installed chat from the H-Sphere control panel is ok.
Dedicated Servers Do Not Apply.
It is ABSOLUTELY FORBIDDEN to host pornographic content on any Hosting Account. Hosting Accounts found hosting this material will be subject to immediate cancellation without refund.
ABUSE OF MAIL SERVER:
We do not allow clients to send more than 100 pieces of E-mail per day. Mail Attachments have a limit of 50MB of size. This 50mb size limit is not possible through Webmail. Mail attachments using Webmail have a limit of 10MB.
If you are sending legitimate e-mails and they total more than 100 per day, a duly
mass-mail permission must be signed and approved.
ABUSE AND PROFANITY:
We reserve the right to cancel any accounts for Harassing, abusing or using Profanities towards any members of our staff in any form.
BACKGROUND RUNNING PROGRAMS:
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Dedicated Servers Do Not Apply
INTELLECTUAL PROPERTY RIGHTS:
Material accessible to you through Our services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Our or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Our network. If you use a domain name in connection with our or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use Our network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network or scripts that access any parts of our servers not usually available to clients without written consent. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that JacobsonHosting.com determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
Using JacobsonHosting.com's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. JacobsonHosting.com is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through JacobsonHosting.com's network.
WEB SITE OPERATION AND SECURITY:
If you run a Web Site through the Services, you are solely responsible for it's operation and maintenance and Jacobson Hosting plays no such role in it.
You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. Jacobson Hosting will not be responsible for the security of such information
You also expressly (1) grant to Jacobson Hosting a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Jacobson Hosting under this Agreement and (2) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
You will be solely responsible for the development, operation and maintenance of your online store and products. You are also responsible for the security of any customer credit card numbers and related customer information.
IP ADDRESS OWNERSHIP:
Jacobson Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Jacobson Hosting. Jacobson Hosting reserves the right to change or remove any and all such IP numbers and addresses.
Backups are made for server restoration purposes only. It is the clients responsibility to maintain local copies of their web content,E-Mails and information. If loss of data occurs due to an error of ours, We will attempt to recover the data for no charge to the client and there is no guarantee this data will be recovered. If data loss occurs due to negligence of client in securing their account or by an action of the client, We will attempt to recover the data from the most recent archive at a charge of $20 per domain. Dedicated Servers Do Not Apply!
SERVICE UPTIMES AND CREDITS:
Scheduled maintenance from time to time is needed and may cause no web site availability.
Credits shall not be provided to you in the event that you have any outage resulting from:
1. Scheduled maintenance.
2. Your behavior, the non-performance or failure of your software or applications.
3. Circumstances beyond Jacobson Hosting's 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, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.
If asked we will provide the times that Scheduled Maintenance takes place.
Jacobson Hosting reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of US and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Jacobson Hosting. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in Las Vegas Nevada or Houston Texas, and any dispute will be litigated or arbitrated in Nevada or Texas. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Nevada or Texas. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED FIFTY ($50.00) DOLLARS U.S.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD US HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST US, 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 US AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH OUR SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM OUR SERVER (5) ACT OF BANKRUPTCY BY A CLIENT OR RESELLER OF OUR SERVICES AND PRODUCTS.
WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WE DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY US AND OUR EMPLOYEES. WE RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF OURS MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
STATUTE OF LIMITATIONS:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
Because of the Terms and Conditions contain legal
obligations, please read them carefully. Please direct any legal questions to email@example.com.
Revised: April 2008