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This
Services Agreement (the "Agreement") contains the complete terms and
conditions which govern your subscription of Web hosting and other
Internet-related services provided by JKAhosting (the "Services"). As
used in this Agreement, "JKAhosting" means JKAhosting.com and
"Client", "you", or "your" means you. By clicking
on the "Submit Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all policies posted on
the JKAHosting site. As referred to in this Agreement, "Site" refers
to a World Wide Web site and "JKAhosting Site" refers to the Site
located at the URL http://www.JKAhosting.com, or any other successor sites owned
or maintained by JKAhosting.com.
1. APPROPRIATE USE OF THE SERVICES.
JKAhosting provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to
provide such Services.
Client Content. Client agrees that it will not distribute, electronically
transmit or display any materials supplied by Client - or through Client by a
third party - to any JKAhosting service in connection with Client's use of the
Services which:
- violate
any state, federal or foreign laws or regulations;
- infringe
on any intellectual property rights (e.g., copyright, trademark, patent or other
proprietary rights) of JKAhosting or
any third party;
- are
defamatory, slanderous or trade libelous;
- are
threatening or harassing;
- are
discriminatory based on gender, race, age or promotes hate;
- violate
any JKAhosting policy
posted on the JKAhosting
Site including, but not limited to, our Acceptable Use Policy (includes Adult
Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
- contain
viruses or other computer programming defects which result in damage to JKAhosting,
it's property, or servers, or any third party.
Bandwidth.
Client may occupy only the amount of disk space on the JKAhosting server and
utilize no more than the network bandwidth that is allotted by JKAhosting.
Additional fees, specified in the hosting plans page, will be charged for
exceeding the disk space and/or network bandwidth allowance of your selected
plan. JKAhosting is however willing to allow for periodic overages of the
allotted bandwidth amount, up to 1 GB. JKAhosting will be the sole arbiter
in determining when the client has gone over their bandwidth limit.
No "SPAM". Client shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution lists to any person who has not given
specific permission to be included in such a process. Client also shall not
engage in any unsolicited email practices at JKAhosting, or otherwise, that
mentions or reference any domain hosted on JKAhosting's servers or parked on
JKAhosting's DNS servers. NOTE: All violators will be fined! (Refer
to our UCE (SPAM) Policy).
Licensed Software Only. Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
Back-Up Files and Processing. The Client is responsible for making back-up files
in connection with its use of the Services. JKAhosting will not be held
responsible for any lost or damaged files as a result of using our services. It
is the Client responsibility to retain backup files of their web hosting pages
in a seperate area outside of the server their account is hosted from.
In the event of lost files from server outage, server transfer, or accidental
termination JKAhosting wil not be held responsible. The Client is responsible
for making back-up files of their account.
Termination. JKAhosting reserves the right to refuse service to anyone.
JKAhosting, in its sole discretion, may immediately terminate this Agreement if
Client engages in any of the foregoing. To report any unacceptable behavior by a
third party using the Services, please contact abuse@jkahosting.com.
2. PAYMENT OBLIGATIONS
Service fees will be due on the anniversary date after the original signup date.
JKAhosting shall be entitled to immediately terminate this Agreement for
Client's failure to make timely payments to JKAhosting.
If Client terminates this Agreement in accordance with Section 4 hereunder,
Client shall be responsible for any outstanding fees owed to JKAhosting and
agrees to pay any and all fees incurred by Client.
Refunds. JKAhosting guarantees 99.9% server uptime for each month. If
JKAhosting fails to provide 99.9% server uptime for a particular month a refund
may be requested . All refund requests must be made by way of a support
ticket through JKAhosting’s Members Ticket Support System. No refunds will be
issued for monthly hosting accounts that decide to terminate hosting services
after 5 days. All new customers that request a refund within 5 days of account
activation must submit this request by way of a support ticket. No full refunds
will be issued to annual accounts after 5 days of service. However a pro rated
refund will be issued for the remaining months of the hosting plan. The 1st
month will not be refunded after 5 days of service for annual accounts.
Any accounts that breach the TOS will forfeit the refund rights. For all other
payments made to JKAhosting are non-refundable, including monthly payments and
annual payments, as well as payments made for domain names.
Late payments. Any payment not received within ten (10) days will be suspended /
terminated at JKAhosting's sole discretion.
Customer also shall pay to JKAhosting all expenses incurred by JKAhosting in
exercising any of its rights under this Agreement or applicable law with respect
to a Payment Default or other breach by Customer, including, but not limited to,
reasonable solicitor fees and the fees of any collection agency retained by
JKAhosting.
Taxes. Customer will be responsible for and will pay in full, any taxes and
similar fees now in force or enacted in the future imposed on the transaction
and/or the delivery of Services.
Domain Names. If Client chooses to register a domain name(s) through JKAhosting,
Client acknowledges and agrees that Client will pay a registration fee(s) to
register the domain name(s). JKAhosting does not offer refunds for domain name
registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall JKAhosting be liable to any third party
for Client's breach or alleged breach of any of the terms and conditions set
forth in this Agreement. Client agrees to defend, indemnify and hold harmless
JKAhosting from any and all expenses, losses, liabilities, damages or third
party claims resulting from Client's breach or alleged breach of any Client
obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on
the date you register for the Services, and shall continue in effect on a
month-to-month basis unless otherwise specified by separate agreement (the
"Term") unless terminated earlier pursuant to the provisions of this
Section 4. Either party will have the right to terminate this Agreement upon
notice to the other party.
If JKAhosting suspends an account for non-payment, Client shall be allowed to
re-instate Client's use of the Services within Five (5) business days of
cancellation upon approval from JKAhosting and full payment of balances due.
If a Client terminates their account, JKAhosting will disable the
service/account the day the client specifies the account is cancelled.
JKAhosting will not maintain an archival copy of the Clients Web site or files.
It is the responsibility of the Client to remove any data off the server prior
to the date provided in their cancellation notice.
5. TAXES
Client will pay and indemnify and hold JKAhosting harmless from any and all
taxes associated with or arising from Client's use of the Services, including
any penalties and interest and any costs associated with the collection or
withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE JKAhosting SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS
AND SERVICES DISPLAYED OR OFFERED ON THE JKAhosting SITE, AND ALL TEXT,
GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND
WITHOUT WARRANTY OF ANY KIND. JKAhosting DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR
ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, JKAhosting SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES
WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE
ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS
EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL JKAhosting BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA,
PROFITS, USE OF THE JKAhosting SITE OR ANY JKAhosting PRODUCTS OR SERVICES, OR
FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED
HEREUNDER. IN NO EVENT SHALL JKAhosting CUMULATIVE LIABILITY EXCEED AN AMOUNT
GREATER THAN 100 HUNDRED DOLLARS (USD).
If any of the provisions, or portions thereof, of this Agreement are found to be
invalid under any applicable statute or rule of law, then, that provision
notwithstanding, this Agreement shall remain in full force and effect and such
provision or portion thereof shall be deemed omitted. This Agreement (including
the Exhibits, attachments and/or addenda, if any,) represents the entire
agreement of the parties with respect of the subject matter hereof and
supersedes all prior and/or contemporaneous agreements or understandings,
written or oral between the parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations undertaken hereunder may
not be transferred, assigned or delegated in any manner by Client, but may be so
transferred, assigned or delegated by JKAhosting. Any waiver or any provision of
this Agreement, or a delay by any party in the enforcement of any right
hereunder, shall neither be construed as a continuing waiver nor create an
expectation of non-enforcement of that or any other provision or right. In any
legal proceeding between the parties under this Agreement, the prevailing party
shall be entitled to recover its costs, expenses and reasonable attorneys' fees.
This Agreement is made under and shall be governed by the laws of the United
States of America, except with regard to it’s conflict of law rules. This
Agreement and JKAhosting’s policies are subject to change by JKAhosting
without notice. Continued usage of the Services after a change to this Agreement
by JKAhosting or after a new policy is implemented and posted on the JKAhosting
Site constitutes your acceptance of such change or policy. You are encouraged to
regularly check the JKAhosting Site for any changes or additions.
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