Hosting Service Policy, Terms & Conditions
This is an agreement between the Customer and JBA Group, Inc. regarding your use of JBA Group, Inc. equipment, interactive information, communication and facilities. This Agreement governs the terms and conditions under which JBA Group, Inc. makes the services offered by JBA Group, Inc. available to consumers through a personal computer or similar access, or to individual costumer or small businesses in connection with the JBA Group, Inc. facilities, services, or equipment. Under this Agreement, you must comply with JBA Group, Inc.’s current “Acceptable Use Policy,” as updated from time to time by JBA Group, Inc..
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
JBA Group, Inc. will host an account for you, the customer (hereafter referred to as the Customer), for the Customer’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated by the Customer. We require written notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. If you do not provide this notice, you will be charged for the next term’s rate. There are no refunds on a la carte services, dedicated servers or server colocation.
JBA Group, Inc. ‘s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. JBA Group, Inc. expressly disclaims any representation or warranty that the JBA Group, Inc. services will be error-free, secure or uninterrupted. No oral advice or written information given by JBA Group, Inc., its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Customer agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by JBA Group, Inc., with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of JBA Group, Inc. based upon the severity of the violation. JBA Group, Inc. reserves the right to refuse service if any of the content within, or any links from, the Customer’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of JBA Group, Inc.’s then current Acceptable Use Policy, in the sole and absolute opinion of JBA Group, Inc..
Notwithstanding anything in this Agreement, the content of the Customer’s website is the sole responsibility of the Customer. The Customer agrees to indemnify and hold harmless JBA Group, Inc. from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by JBA Group, Inc., (collectively, claims) related to or in connection with the content of the Customer’s website. The terms of this Section will survive any termination of this Agreement.
Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Customer. Customer is aware that JBA Group, Inc. reserves the right to change the specified rates and charges from time to time.
The Customer agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. Customer is responsible for security of its password. JBA Group, Inc. will not change passwords to any account without proof of identification, which is satisfactory to JBA Group, Inc., which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Customer, Customer understands that JBA Group, Inc. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will JBA Group, Inc. be liable for any losses incurred by Customer during this time of determination of ownership, or otherwise. The Customer agrees to indemnify and hold harmless JBA Group, Inc. from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
The Customer agrees not to harm JBA Group, Inc., its reputation, computer systems, programming and/or other persons using JBA Group, Inc.’s services. JBA Group, Inc. reserves the right to select the server for Customer’s website for best performance. The Customer understands that the services provided by JBA Group, Inc. may be provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage.
If the Customer’s website overwhelms the server and causes complaints from other users, the Customer has outgrown the realm of shared servers, and will need to relocate the Customer’s website. JBA Group, Inc. will refund any unused portion of prepaid services. If the Customer refuses to comply with this Section, then JBA Group, Inc. has the right to terminate the services provided to the Customer without any refunds of the unused portion prepaid by the Customer.
The Customer agrees to indemnify and hold harmless JBA Group, Inc. and any other Customer from any and all Claims resulting from the Customer’s use of the services provided by JBA Group, Inc.. The terms of this Section will survive any termination of this Agreement.
JBA Group, Inc. shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading of materials from the web server. In no event shall JBA Group, Inc. be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this web server.
Customer has sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the web server. Customer will not make a claim against JBA Group, Inc. for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the web server. Customer agrees to hold JBA Group, Inc. harmless from, and promises not to sue JBA Group, Inc. for, any claims based on or related to the use of the web server.
The Customer’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of JBA Group, Inc..
If the Customer sells or resells advertising or Web space to a third party then the Account Holder will be responsible for the content of that advertising and the actions of that third party. JBA Group, Inc. LLC has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current JBA Group, Inc. LLC Acceptable Use Pollicy. The e-mail distribution by the Customer of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Customer refuses to remove any advertising or other third party content deemed objectionable by JBA Group, Inc., JBA Group, Inc. may terminate the services being provided to the Customer.
JBA Group, Inc. will use its best efforts to maintain a full time Internet presence for the Customer. The Customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disasters, acts of God, or human error. In no event shall JBA Group, Inc. be liable to the Customer for any damages resulting from or related to any failure or delay of JBA Group, Inc. in providing access to the Internet under this Agreement. In no event shall JBA Group, Inc. be liable to the Customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of JBA Group, Inc. under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Customer hereunder. The terms of this Section will survive any termination of this Agreement.
This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Customer is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A JBA Group, Inc. account may not be transferred without prior written approval from JBA Group, Inc.. The Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Customer’s account, the Customer will be liable for any unauthorized use of the JBA Group, Inc. services, including any damages resulting there from, until the Customer notifies JBA Group, Inc.’s customer service.
If JBA Group, Inc. assigns the Customer an Internet Protocol (IP) address in connection with the Customer’s use of the JBA Group, Inc. services, the right to use that Internet Protocol address will remain with and belong only to JBA Group, Inc., and the Customer will have no right to use that Internet Protocol address except as allowed by JBA Group, Inc. in its sole and absolute discretion.
This Agreement constitutes the entire agreement between the Customer and JBA Group, Inc. with respect to the JBA Group, Inc. services and supersedes all prior agreements between the Customer and JBA Group, Inc.. JBA Group, Inc.’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Bexar County, Texas. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney’s fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
The Customer agrees to indemnify and hold JBA Group, Inc. harmless from any and all Claims resulting from or connected with any activities conducted by the Customer. The Customer and JBA Group, Inc. will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
JBA Group, Inc. may include the Customer’s name and contact information in directories of JBA Group, Inc. service subscribers for the purpose promoting the use of the services by additional potential clients. However, JBA Group, Inc. is not authorized to print the Customer’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Customer.
The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Texas (excluding its choice of law rules) and the federal laws of United States applicable therein. The Customer hereby consents to personal jurisdiction in the federal and provincial courts of Bexar County, Texas for any action arising out of or relating to the Customer’s use of the JBA Group, Inc. services. The federal and provincial courts of Bexar County, Texas will have exclusive jurisdiction over all such actions. In any such 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 will survive any termination of this Agreement.
Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why JBA Group, Inc. has been decided to create its no adult sites policy for its virtual server users.
Money-Back Guarantee – Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller Customer’s can receive a refund if account is cancelled within the initial 7 days after sign up. If the Customer cancels after the time period specified, there will be no refund given.
Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. There is no refund for domain registrations regardless of whether or not it is within the 30 day initial period of time after sign up. If the account holder cancels after the time period specified (30 days), there will be no refund given. All cancellations can be done in writing or by email. JBA Group, Inc. will acknowledge cancellation request by customer within 48 hours at which time the cancellation request has been accepted by JBA Group, Inc..