Terms of Use Policy and Service Guidelines

JKAhosting provides web hosting to a large number of clients. We have a responsibility to protect each client and to provide the best services available. The folllowing guidelines were designed to ensure that these obligations are met.

The Client must agree to the following terms of services
The Client must agree to the User Agreement that can be found here

Sending payment for web hosting or domain name services will automatically constitute acceptance of our terms of services and user agreement.

Content:

All services provided by JKAhosting must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy. The subscriber agrees to indemnify and hold harmless JKAhosting from any claims resulting from the use of the service which damages the subscriber or any other party.

All fraudulent content will be terminated immediately without refund. This refers to web sites with a clear intention of defrauding their customers such as prepayment schemes and 419 fraud (more commonly known as fake bank web sites).

Any web site deemed damaging to the server the account is on may be suspended and or terminated without notice. This includes accounts with scripts or software that acquire high cpu usage of the server.

All traffic exchange scripts/software are strictly prohibited.

All pornographic content and sex-related merchandising is prohibited on all JKAhosting servers. This includes sites that may infer sexual content or links to adult content elsewhere. JKAhosting will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to JKAhosting's servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software

• Hacker programs or archives

• Warez sites

• Fraudulent Content

JKAhosting will be the sole arbiter as to what constitutes a violation of this provision.

Back-up Files and Processing:

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.

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a JKAhosting server or using an email address or domain that is maintained on a JKAhosting machine as reference is STRICTLY prohibited. JKAhosting will be the sole arbiter as to what constitutes a violation of this provision. Sites that promote, sell, or otherwise provide access to spamware products or products that are solely for the purpose of extraction or sale of email addresses or which are used to send bulk email are not permitted on any JKAhosting server.

Misuse of System Resources:

Any attempt to undermine or cause harm to a server, or customer, of JKAhosting is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to the web site of the account; or resale or remote access to CGI scripts installed on our servers. No IRC related software is permitted on our servers. This includes servers, bots, bouncers, or any other software that is used for the purpose of creating, or maintaining access to IRC servers or channels. Accounts that are found to have such software uploaded to their web space are subject to immediate suspension and/or termination without notice.

All accounts terminated by JKAhosting.com due to misuse of system resources will not receive a refund for  web hosting or domain registration fees.

Account Policies and Cancellation:

Cancellation requests can be submitted via our ticketing system. Although no advance notice is required, and there is no cancellation fee, all fees paid for service up to the notice of cancellation are non-refundable. If cancellation is made within the first 5 days of service all hosting fees will be refunded (see Refund Exclusions below). This does not include fees for domain registration, which are nonrefundable.

Accounts are payable in full at the time the account is created. Accounts paid via credit card are subject to suspension if payment cannot be processed at the time the account is created. If payment by check or money order is selected, payment must be received within two (2) weeks of account activation or the account will be suspended without further notice to the end user. New accounts that remain past due thirty (30) days after account activation are subject to termination. Any account reaching thirty (30) days past due is subject to suspension for nonpayment. Such accounts are subject to termination after forty-five (45) days in a past due state.

Refund Exclusions:

JKAhosting will not under any circumstances refund domain registration fees.

JKAhosting will not under any circumstances refund any web hosting fees to customers that use our online web site builder and choose to move their account to a different provider. The online web site builder is a free service for JKAhosting customers only.

Accounts terminated by JKAhosting.com due to a misuse of system resources will not receive a refund.

Suspension:

Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Complaints made regarding abuses of an account will be grounds for suspension.

Refusal of Service:

We reserve the right to refuse, cancel, or suspend service at our sole discretion. 

All subnetworks, distributive hosting sites and dedicating servers of JKAhosting.com must adhere to the above policies. Please direct any reports or violations to abuse@jkahosting.com

Failure to follow any term or condition will be grounds for immediate account deactivation.

IN NO EVENT WILL JKAhosting BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY  TO USE JKAhosting'S SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO,  ALTERATION OF, OR USE OF ANY RECORD.

Unsolicited Commercial Email (SPAM) Policy

JKAhosting will not tolerate the abuse and misuse of email. 

Definition of UCE (Unsolicited Commercial E-mail), or SPAM:

• The bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to JKAhosting or any URL (domain) that is hosted by JKAhosting.

• Unsolicited postings to newsgroups advertising any IP or URL hosted by JKAhosting.

• The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by JKAhosting.

• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM.

• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

For further information on mail abuse, please visit the Mail Abuse Prevention System (MAPS) website.

Repercussions of SPAM:
Across the Web, it is generally accepted that SPAM is an inconsiderate and improper business practice.  SPAM is not only harmful because of its negative impact on consumer attitudes toward JKAhosting, but also because it can overload JKAhosting’s network and resources, especially on our shared server environments.

Our Providers:
Since it is unsolicited users who receive SPAM often become angry and send complaints to our upstream providers. This upsets our providers who abhor SPAM for the same reasons that JKAhosting does - it causes negative consumer attitudes and drains resources. We strive to maintain favorable business relationships in the Web community and obviously will not allow any practice that threatens these relationships.

Punishment For SPAM:

JKAhosting reserves the right to terminate, without warning, any account that violates this policy. Usage of JKAhosting services constitutes acceptance and understanding of this policy.  JKAhosting may, at its option, charge $50.00 USD per SPAM complaint we receive, or incident discovered, for all customers. These are non-refundable charges and will be invoiced at the time of complaint notification. Failure to pay charges will result in suspension / termination of your account. JKAhosting reserves the right to decide what it considers "SPAM", "UCE", "mail bombing", or "bulk e-mail", and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list.

Should you choose to e-mail from JKAhosting servers, especially if you use mailing lists, you must read and adhere to the following guidelines, which are offered as a statement of Internet standards and best current practices for proper mailing list management and preventing e-mail abuse.

Basic Mailing List Management Principles for Preventing Abuse:
Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool.

Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail.  Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

• The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

• Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

• Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

• Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

• Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

• Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

• Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription.

• List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists, Company A should not summarily incorporate Company B's mailing lists into its own.

This SPAM (UCE) Accepted Use Policy and all other JKAhosting policies are subject to change by JKAhosting without notice. Continued usage of the services after a change to this policy is implemented and posted on the JKAhosting site constitutes your acceptance of such change or policy. We encourage you to regularly check the JKAhosting site for any changes or additions.