Terms Of Service - Jimslabs Host

Terms Of Service (Terms & Conditions)

Purpose

These Terms of Service (“TOS”) is a contract between you, or the entity on whose behalf you are executing this agreement (“you” or “your”), and Jimslabs LLC (“Jimslabs Host“, “JLH”, “we”, “us”, or “our”). By corresponding with us, browsing our web properties, or using our Services, you agree to abide by these TOS, our Acceptable Use Policy, our Support Policy, our Refund & Billing Policy, our Privacy Policy, our Server Maintenance Policy, and our DMCA Policy, each of which is integrated into the TOS by reference (together, the “Policies”). These TOS may be modified from time-to-time and, by continuing to use our Services, you agree to be bound by the modifications. The most recent version of these TOS can always be found here.

Customers

While we facilitate your business or online presence on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of third party service providers, or the actions of individuals who use your products and services (“End Users”).

Services

Jimslabs Host (JLH) provides a number of services and products to its customers, which are collectively referred to in these TOS as the “Services”. Regardless of whether you pay for a Service or it is provided as part of a package or for free, any Service you request or allow to be provided by JLH is included as part of the “Services” we refer to in these TOS and the Policies. All services are subject to each of our respective Policies. Services may also be provided by third parties and their terms of service or use that may contain additional or different terms adn conditions will also apply to your use of their services. We may change the specifications or details of the services at any time but we have no obligation to change the Services. Additionally, the third parties we contract with to provide Services may change their offering between the time of purchase and the date the services are delivered. We will use commercially reasonable and viable efforts to inform you of changes to the Services.

JLH offers a number of different products and services – including those listed below. These TOS and our Policies apply to all Services, whether or not listed below. Details are available on the websites indicated and the details at those websites does not modify or supplement these TOS or our Policies.

Shared Web Hosting (Linux or Windows based)
Unmanaged VPS Hosting (Linux or Windows based)
Manged VPS Hosting (Linux or Windows based)
Managed word-press hosting
Reseller Hosting (Linux or Windows based)
Domain Registration, renewal, transfer etc

Terms Specific to Domain Name Services.

We resell domain names. When you apply to register a domain name, your request is transmitted to reseller club. By using our Domain Name Services, you agree to be bound by reseller clubs’s domain name registration policies and procedures; so please read them. These policies and procedures are available at reseller club’s website. Because of the mechanics of domain name registration, we cannot guarantee that your domain name will be registered. After registration, it is your responsibility to ensure your domain name does not lapse, for whatever reason, and we are not responsible for any lapse or any damages caused by any lapse.

It is your sole responsibility to fully investigate and ensure that the domain name you register does not infringe on the legal rights of others. We do not check to see whether a domain name you register or use infringes on the legal rights of any third party and we suggest you seek advice of legal counsel before registering any domain.

JLH will use commercially reasonable and viable efforts to comply with any legal order to cancel, modify, or transfer your domain name. ICANN’s Transfer Policy requires a 60 day transfer lock to apply to your domain name(s) in the event of any “Change of Registrant.” JLH currently locks your domain name for any change involving your WhoIs information. This feature is designed to protect your domain from any unauthorized attempt to transfer your domain. We do not offer an option to opt out of the 60 day transfer lock. Any “Change of Registrant” as defined by ICANN’s Transfer Policy will subject the domain to a 60 days transfer lock. Please note that the parameters that trigger the 60 day transfer lock are subject to change. The current parameters which trigger the 60 day lock include: (A) change of registrant First Name, (B) change of registrant Last Name, (C) change of registrant Organization Name, (D) change of registrant Email. You also agree and understand ICANN’s policies for Domain Verification and any other current or future policies they might enact. More information can be found here:

http://www.icann.org/en/resources/registrars/registrant-rights/educational
http://www.icann.org/en/resources/registrars/registrant-rights/benefits and https://www.jimslabshost.com/terms-of-service/

Terms That Apply to All Hosting Services.

Our Hosting accounts are allocated bandwidth depending on the package you select. The bandwidth for services purchased does not rollover and is not creditable across periods. In the event you require more bandwidth than you have purchased, your account may be suspended until the next period, you may purchase additional bandwidth by upgrading your account, your account may be terminated for a violation of the terms of the package you purchased, or we may charge you an additional fee for the overage, in our sole discretion.

We will provide, as part of the Service cost, the number of primary IP addresses included in the plan you select. You may request additional IP addresses for an additional fee. If we need to change one of your assigned IP addresses we will notify you of the change by email. You may use the IP addresses provided only in association with the Services and they may not be transferred.

In using our hosting Services, you may not place excessive burdens on our CPUs, servers, or other resources, including our customer support services. You understand that bandwidth, connection speeds, and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services, including suspension or termination of your account or a reduction in bandwidth available for your use (also known as bandwidth throttling), in our sole discretion. You agree that we may place restrictions on your use of the services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.

Terms That Apply To Particular Hosting Services

For all Unmanaged Hosting Services, you are solely responsible for providing the firewalls and software and for all installation, maintenance, security, and backup for the Unmanaged Hosting Services.

If you utilize Managed or Unmanaged Hosting Service with Root Access, you acknowledge that you are solely responsible for any changes you make while using such access and JLH may not be able to correct any changes, recover data, or reverse any damage you do when using Root Access capabilities. We will use commercially reasonable and viable efforts to troubleshoot issues upon request.

VPS Hosting accounts are allowed to use a maximum of two million (2,000,000) inodes. You may request additional extensions beyond the two million (2,000,000) inode limit but the request will be granted only after written request to us and in our sole discretion. Shared Web Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes and thirty-five (35) concurrent HTTP connections to the server. Our StartUp Web Hosting package is allowed to use a maximum of three hundreed thousand (300,000) inodes. Backups should be downloaded and removed after creation. For Shared, Reseller, Managed and Core Managed Hosting accounts, backups older than thirty (30) days in a customer account may be removed from the server at our discretion.

For Shared Web Hosting and Reseller Hosting, the terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Shared and Reseller Web Hosting Use may not include: (i) streaming content (other than that which is incidental to your website’s operation), (ii) management of very large photo galleries, (iii) storage of a large amount of uncompressed or full-size digital images, (iv) online file (FTP) serving, (v) distribution of large audio or video content such as MP3 files, and (vi) online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website). You agree that we may remove impermissible materials from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other customers: (i) Control Panel or other backups stored locally, (ii) Softaculous backups stored locally, (iii) Softaculous backup temp files, (iv) Common CMS backups stored locally, (v) Common CMS backup temp files, (vi) Common CMS backup logs, (vii) excessively sized error logs, and (viii) any other large files deemed unnecessary for core website functionality or not containing any valuable data. Video hosting, Streaming websites, files hosting, MP3 streaming websites, Child pornography, warez, pirated contents etc. are strictly also prohibited from our hosting platforms. Any websites /hosting content/ application that are deemed unsafe for our hosting platform will also be removed without prior notice.

For our control panel Shared Web Hosting and control panel Reseller Hosting Services, our complimentary Server Rewind will provide complimentary backups of your data. These backups will be done using our commercially reasonable and viable efforts and may not include all files, including some email files, due to technical constraints. Server Rewind backups are limited to an aggregate 30GB quota. If you exceed 30GB of disk usage in your account, your account will no longer be backed up. Please download any control panel backups and store them locally.

Reseller Hosting accounts are allowed to use a maximum of six hundred thousand (600,000) inodes per account and thirty-five (35) concurrent HTTP connections to the server. Backups should be downloaded and stored remotely.

Email Hosting enables a user to use specific Services, including control panel services, to create or delete email accounts, manage passwords, set mailbox space quotas, or configure other server-specific settings. Email Hosting services are subject to certain storage limitations and we auto-delete email in your trash or deleted folder after such email becomes more than thirty (30) days old in order to help you manage storage limits. We may also delete mail in your spam or bulk mail folder after such email becomes more than thirty (30) days old in order to help manage storage limits. Notwithstanding any automatic complimentary backup services, you should backup and save your emails locally to ensure they will be available when needed. If an email is deleted, we will use commercially reasonable efforts to retrieve such email but cannot guarantee recovery of any emails. Email accounts may be subject to storage quotas specified in a particular package.

Our Email Hosting Services do not ensure that your inbound and outbound emails will be delivered; settings beyond our control may impact email deliverability, including emails being sent to a spam folder or emails not being delivered at all. IP address blacklisting beyond our control may also affect email delivery.

Resellers

Whether you are a reseller or use Reseller Hosting Services, you agree to abide, and be bound, by the terms of these TOS and our Policies, including all provisions related to indemnification and termination for a violation of these TOS and our Policies. All additional or different terms, representations, warranties or covenants than those included in these TOS or our other Policies, including those made about the capabilities of any Services by any third party, are specifically disclaimed. Further, such proposed additional or different terms shall be deemed a violation of the Terms of Service and could result in cancellation of your account.

Access

You will not have physical access to any of the servers on which your data is stored. These servers will often be shared with third parties. Use by any third party may affect your use and administration of the server. You shall not take any actions to limit the use of or alter the server or Service functionality or the functionality of any related equipment.

Enrollment; Account Information

Enrollment:

You warrant that before you use any of the Services or sign up for an account that you are at least 18 years of age and have the authority to bind yourself or the entity you represent to these TOS. You may be subject to a credit check and screening for potential fraud and accurate information must be supplied for purposes of this screening. Further, before using the Services, you represent and warrant to JLH that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, which come from using the Services in particular, and doing business on the Internet in general; and (iii) you will provide us with material that may be implemented by us to provide the Services.

Account Information:

You are required to provide us with accurate information when setting up your account. You must also keep this information, including your email address, up to date during the course of our relationship. On occasion, we may need to communicate with you by email about the Services. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on email communications that are misdirected or blocked by a third party application as a result of your failure to maintain updated account and contact information or for circumstances beyond our control.

Account Security:

You are responsible for all actions that are performed with, by, or under your account credentials whether done by you or by others. All account access, password, and other security measures are your responsibility. JLH is not liable for any damages, direct or indirect, that result from unauthorized account access or use. In connection with support services, you will be responsible for all authorized actions taken by our support personnel using your login. Before you request support, you should backup your data. You agree to give JLH Hosting permission to access your accounts for the purpose of troubleshooting technical issues with the account or server and to confirm compliance with all of our policies. We also conduct automated scans of data for security purposes and reserve the right to change permissions, modify files or quarantine files that are deemed to be malicious in nature.

Billing & Payment

We are not bound to perform Services until we receive payment from you when you checkout through our web platform (the “Effective Date”). We will begin delivery of the Services on the Effective Date and continue until the date set out on the page describing the Services located at JLH (“Initial Term”). If the page describing the Services does not contain an Initial Term, the Initial Term shall be one month. The Initial Term will AUTOMATICALLY RENEW for successive periods of equal duration (each a “Renewal Term”). If you wish to discontinue the Services, you need to notify us before automatic renewal for a Renewal Term. You can notify us by:

Submitting a cancellation at least one (1) day before the beginning of a Renewal Term through our online cancellation form
Contacting us at least fifteen (15) days before the beginning of a Renewal Term by sending an email

Termination

Regardless of the method of termination by you, valid proof of account ownership and authorization to cancel are required to terminate an account. Either party may terminate the Services for convenience upon fifteen (15) days prior by providing written notice to the other. We only accept cancellations through our online cancellation form found at your account client area. If you terminate for convenience, you will be responsible for all charges for the duration of the then active Initial or Renewal Term.

Before cancelling, please contact us and request an escalation of your issue if your cancellation is due to unsatisfactory services or an unsatisfactory answer to a previous issue. If your agreement with us is for a set term, please contact us prior to canceling to determine what your charges will be in connection with the termination.

We reserve the right to immediately suspend or cancel the Services without notice: (a) for a violation of these TOS, including any of our Policies; (b) for your failure to pay any amounts due, (c) to prevent a service interruption by an Internet Service Provider or other network services provider, or (d) to protect the integrity of JLH’s network or the security of the Services. You are not entitled to notice or protest should we exercise these rights. Upon termination, your account will be closed, data deleted, and all fees and charges due and payable must be paid to us. Once your account is closed, we have no responsibility to: (e) forward email, or other communications or (f) maintain any data backup that predates the termination date. If allowed, you are encouraged to keep the Service active during a transition period should you seek to forward your email or other communications. (g) If we suspend or terminate your use of our Services because you have violated these TOS, including any of our Policies, we will not provide you with a credit. (h) If we suspend or terminate your use of our Services because you have violated these TOS, end user/customer/client/you cannot challenge the decision in a court/using legal means.

Post Termination Access: If we are able to provide data from backup in an account that has been terminated, you will be subject to a one-time charge of twenty-five dollar ($25) or more to cover the cost of the access. All data in accounts that are not renewed or are terminated will be removed from our servers and will likely be irretrievably lost. Any domain registration packages associated with these accounts will also be canceled.

Use of the Services

Your use of the Services is governed by these TOS, including our Policies. JLH provides no guarantee that the Services will be uninterrupted, or continuous, or that you will be able to access JLH’s network at a particular time, or that any data transmitted by JLH is accurate, error free, virus free, secure, or inoffensive.

Testimonials

You may provide us with a written or verbal endorsement of our Services in connection with your use of the Services (“Endorsement”). The Endorsement will be the actual first-hand account of your experience using our Services and we may, at our discretion, use the Endorsement to promote our Services in-person, in print, online, and all other media. We may also edit the Endorsement for brevity or other reasons, so long as it is consistent with your original Endorsement. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the contact information and we will cease using the Endorsement soon after processing your request.

Data Backups

You acknowledge that it is solely your responsibility to regularly back-up and maintain copies of your data outside of JLH Hosting’s network. JLH is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, (iv) any software or other technology failures, or (v) account termination, cancellation, or suspension.

JLH also providers state of the art data backup solutions with the help of third party service providers. You may want to explore different options that are available to you for performing a data backup.

Licenses; Intellectual Property; Data Ownership

Services performed or provided by JLH are not a “work made for hire” and we hereby grant you a license to use the Services and technology under the terms of these TOS, including our Policies. The license is non-exclusive, non-transferable, non-sublicensable worldwide, and royalty free and terminates when you or JLH terminates the Services.

All right, title and interest in JLH’s technology shall remain with JLH Hosting, or JLH’s licensors. You are not permitted to circumvent any devices designed to protect JLH, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

We use all information we gather as specified under the terms of our Privacy Policy. You hereby grant JLH Hosting, and any third parties used by JLH Hosting to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services.

Warranty

JLH Hosting warrants that it will perform the Services in accordance with prevailing industry standards. SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY. JLH uses state of the art industry standard software and hardware to render service. Services provided as is and in full faith that it works. We absolutely do not guarantee data loss, business loss due to an outage which is beyond our control. We also do not take responsibility for act of god and issues arise out of natural disasters (earth quake is a example). Due to the complex nature of share web hosting, websites hosted in shared hosting platforms are susceptible to issues created by other websites. in case of issues/ outages we would definitely work with websites that create issues to others and try to resolve the issues amicably. JLH is not liable to the issues/outages created by websites hosted on shared hosting platform.

Your Representations and Warranties

You agree to reasonably cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services. It is your responsibility to ensure that you can connect with us to use the Services. You represent and warrant that you, or the entity you represent, have the sophistication and technical skill to utilize the Services. You have read and agree to the terms outlined in the JLH Hosting Support Policy and TOS. You warrant and represent that you have full authority and power to agree to the terms of these Policies on behalf of the company you represent, if any. You warrant and represent that you and/or your company have not been identified or listed as Specially Designated National or Blocked Person by the U.S. Department of Treasury, Office of Foreign Assets Control.

Disclaimers

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE IS KNOWN TO JLH HOSTING), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. No oral or written information or advice given by JLH Hosting, its employees, agents, owners, directors, officers, or affiliates pursuant to these TOS, or otherwise, shall create a representation or warranty or in any way increase the scope of any representations and warranties set forth in these TOS. JLH Hosting does not represent or warrant that the Services are complete or free from defects or errors.

JLH Hosting is not liable, and expressly disclaims any liability, for the content of any data transferred either to, or from, you or stored by you or any of your customers via the Services provided by us. JLH Hosting is not responsible for any loss of data, for any reason. JLH Hosting is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its network.

JLH Hosting is not liable, and expressly disclaims any liability, for data breaches or data compromise caused by your failure to keep web applications including plugins up to date.

JLH HOSTING SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY US. No warranties, either express or implied, made by these third party entities to JLH Hosting shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.

Limitation of Liability

It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that JLH Hosting has no liability, of any sort, for content you or your customers access from the Internet. In no event shall JLH Hosting be liable to you in connection with these TOS or the Services, regardless of the form of action or theory of recovery, for any: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if that party has been advised of the possibility of such damages; or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages.

For the purposes of this paragraph only, the term “JLH Hosting” shall be interpreted to include JLH Hosting’s employees, agents, owners, directors, officers, and affiliates. Notwithstanding anything to the contrary contained in this policy, JLH Hosting shall not be liable for any indirect or consequential damages, including damages for lost profits, loss of opportunity, loss of sales, or loss of search engine rank, suffered by you, your users, your clients, and your visitors, during periods of scheduled maintenance, service suspensions, and violation of these Policies. IN NO EVENT WILL JLH HOSTING’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY JLH HOSTING FROM YOU FOR THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. JLH osting will not be held responsible for any: (i) force majeure events described in Section 20(b), below, (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy. Our uptime commitment described in the Server Maintenance Policy, does not apply to disruptions to your use of the network because of a violation of these TOS, including our Policies.

Indemnification

You agree to indemnify, defend, and hold harmless JLH Hosting and its personnel, parent, subsidiaries and affiliated companies, third party service providers, and each of their respective officers, directors, employees, shareholders, and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services, including any data migration-related efforts you request from JLH Hosting personnel or authorize JLH Hosting personnel to conduct; (ii) any violation by you of these TOS or any of JLH Hosting’s Policies, including those violations that result in a disruption of the network; (iii) any breach of any of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you (v) disruption of service. The terms of this section shall survive any termination of these TOS or the Services. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.

JLH Hosting shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit, or proceeding brought or threatened against you so far as it is based on a claim that Services provided by JLH Hosting hereunder infringes any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by JLH Hosting. It does not extend to products or services provided by third parties. If contained and permitted in its agreements with third-party suppliers, JLH Hosting shall flow down applicable intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying JLH Hosting promptly in writing of the claim and giving JLH Hosting full authority, information, and assistance for the defense and settlement thereof. If an infringement claim has occurred, or in JLH Hosting’s opinion is likely to occur, JLH Hosting shall have the right, at its option and expense, either to: (i) procure for you the right to continue using the Service(s); (ii) replace with the Service(s), regardless of manufacturer, performing the same or similar function as the infringing Service(s), or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the Fees charged by us for the period in which the Services were unavailable.

Legal

We may disclose information, including information that you may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request or to protect our business, or others, from harm. We assume no obligation to inform you that we have provided this type of information unless we have affirmatively agreed to do so. In some cases we may be prohibited by law from giving such notice. Cooperation with civil litigants is at our discretion. Responding to requests for production of documents, and other matters requiring more than mere ministerial activities on our part, will incur a fee of two hundred dollars ($200) per hour. We do not honor requests from civil litigants that expenses be pre-approved, and we may require a deposit to secure payment.

Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the party’s reasonable control, including third party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by an excusable delay shall notify the other party as soon as possible, but in no event less than ten (10) days from the beginning of the event.

The validity, interpretation, and performance of these TOS, including our Policies, shall be controlled by and construed under the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflicts of law. You agree that jurisdiction and venue for are exclusive in the LA county Court in California.

All claims you bring against us must be resolved in accordance with our Policies. Without limiting the previous sentence, this includes claims based on Service outages that are expressly covered by our Policies. All claims filed or brought contrary to our Policies will be considered to be improperly filed and a breach of our Policies. If you file a claim contrary to our Policies, we may recover attorney’s fees and costs. Attorney’s fees include any fees charged by our attorneys.

No waiver of a right under these TOS, including our Policies, shall constitute a subsequent waiver of such right under these TOS or any of our Policies. These TOS may be assigned by JLH Hosting. It may not be assigned by you. These TOS shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties. In the event that any of the terms of these TOS, including any of the Policies become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be revised to reflect JLH Hosting’s intent, as permitted by applicable law. All remaining terms of these TOS shall remain in full force and effect. No action or proceeding against us may be commenced by you more than three (3) months after the Service which is the basis for the action is rendered. You fully acknowledge that this limitation constitutes an express waiver of any rights under any applicable statute of limitations which would otherwise afford additional time for such a claim.

Server Maintenance Policy

We offer a 99.9% up-time commitment. We will use our commercially reasonable efforts to provide the Services twenty-four (24) hours a day, seven days a week. However, in order to operate in an efficient and secure manner, servers and network equipment require routine maintenance and upgrades (“Scheduled Downtime”) and you acknowledge that from time to time the Services may be unavailable for various reasons, including due to Scheduled Downtime or causes beyond our control. We will provide commercially reasonable and viable advance notice to you for Scheduled downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility, or inoperability of our web servers but we are not responsible for the unavailability.

Planned outages, including Scheduled Downtime, during these periods will not fall under our 99.9% uptime commitment. JLH Hosting will make a reasonable effort to advise JLH Hosting customers as far in advance as possible of any predicted extended outages. Three types of maintenance downtimes are defined:

Routine Maintenance” means a weekly short downtime necessary for quick updates and patches requiring reboots or restarts.
“Comprehensive Maintenance” means a longer monthly or otherwise scheduled downtime necessary for more significant enhancements.
“Emergency Maintenance” means a service affecting maintenance that is so severe it requires immediate attention.
“Scheduled Downtime” includes (i) and (ii) above.

The Scheduled Downtime intervals are as follows (the time zone is where the data center or server is located):

Routine Maintenance Window (Weekly). Sunday mornings, from 12:00 AM until 5:00 AM, outages should not exceed fifteen (15) minutes unless other problems are encountered and will NOT be announced.
Comprehensive Maintenance Window (Monthly or Scheduled). First Saturday evening of every month from 7:00 PM until 7:00 AM Sunday morning or otherwise scheduled and communicated to affected customers via your contact email address.
Emergency Maintenance. This type of maintenance is inherently not scheduled and is only used in extreme circumstances. We will make our best effort to notify customers should this become necessary.

This Server Maintenance Policy includes but is not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites such as billing and support. Major system upgrades may require additional Scheduled Downtime.

Data Backup

Before attempting to troubleshoot any issue yourself or engaging us to assist with Service issues, please BACKUP ANY AND ALL DATA. JLH Hosting is not responsible for any data loss or corruption, including that resulting from: (i) our authorized actions, (ii) those actions you take using the Services, (iii) hardware failures, or (iv) any software or other technology failures.

Customer Responsibilities

It is the responsibility of the customer to make sure that all Services being provided on their servers are setup to resume operations automatically upon reboot or restart of the particular Service you have with us. JLH Hosting will not be held responsible for any problems or service outages caused due to reboots during standard maintenance periods. WE HAVE NO RESPONSIBILITY FOR DOWNTIME RESULTING FROM YOUR ACTIONS.

Support Policy

Support Generally. Support we offer is included as a Service. We do not charge for responding to technical support tickets or LiveChat but we do expect you to abide by the terms of this Support Policy and our other Policies when utilizing this Service.
Technical Support Tickets. This is our primary support system. Almost ALL issues will require the submission of a trouble ticket. This is our preferred method because of the ability to track issues to resolution and give us time to properly review and research problems. Please do not submit multiple tickets about the same problem as that simply creates confusion. If you need to add information to an existing ticket, please do so in the existing ticket by logging into the support system or by replying to the ticket email.
LiveChat. LiveChat is available by clicking the Live Help button on our website. This gives you the ability to immediately contact one of our representatives. Due to the nature of live chat, our goal is to gather all necessary details and open a support ticket on your behalf. Our team is focused on ensuring proper resolutions as quickly as possible.
Priority support – Priority support is paid. $7.99 will be charged for each ticket. Contact us to get priority support.

Customer Relationships

We strive to provide you with courteous, professional, and technically accurate support. Although we understand how frustrating technical problems can be, we ask that you treat us with respect and we will do the same in return. Our ultimate goals are the same, providing you with accurate support in a timely manner. If you feel you have been treated unfairly or have any other complaints, you may contact us to reach a supervisor directly.

Acceptable Use Policy

Thank you for your business. This is JLH Hosting, Inc.’s (“JLH Hosting”, “we”, “jimslabs Host”, “jimslabs LLC” or “our”) Acceptable Use Policy. This Acceptable Use Policy (“AUP”) discusses expectations we have for you and your obligations when using our Services (as defined in the Terms of Service.) JLH Hosting, Inc. is in the business of facilitating communication between computer networks. Our goal is to allow our users complete access to everything the Internet has to offer, and to help them build their businesses. This AUP facilitates this goal by governing your use of the Services. Because of the evolving nature of the Internet, our business, and the various ways in which our, equipment, technology or network may be abused, abusive activities not set out in this AUP may still be prohibited. For the same reason, we reserve the right to update this AUP from time-to-time.

JLH Hosting Policies; Third Party Policies – This AUP and our other Policies are part of your contract with us, and governs your use of our network and resources and our provision of the Services (as defined in the Terms of Service.) If you are a customer, you’ve agreed to abide by our Policies when you checked “I agree” to our Terms of Service. If you are not our direct customer, you agree to abide by this AUP by using the Services provided by or through us. You are bound by policies from third parties that provide services to you through JLH Hosting. You are strongly encouraged to review such policies prior to agreeing to be bound by this AUP. We will provide you with additional information about those policies on request.

Intellectual property rights are respected. Please see the terms of our Digital Millennium Copyright Act (DMCA) Policy. You are required to comply with U.S. laws governing copyrights, trademarks, patents, and other laws governing your use of the Services and intellectual property.

Prohibited Uses:

Unsolicited commercial email, or SPAM, is prohibited. Our network is not designed to be used for mailing lists with over hundred (100) recipients and you may not send an email to more than hundred (100) recipients. If you need to send an email to over hundred (100) recipients, please contact our Support Team for a list of other service providers that can assist with this task. Even if you send email to fewer than hundred (100) recipients, we will consider your mail to be unsolicited, or SPAM, if it results in a number of complaints to us, disrupts our network, or subjects us to unfavorable action by other Internet providers. Please review the “CAN-SPAM Act” and ensure that any commercial email you send complies with this Act. Email that is “CAN-SPAM compliant” may still otherwise be prohibited by our AUP. If you believe one of our customers is engaged in spamming, please send an email containing all headers, and your contact information, to: contact(at)jimslabshost.com (replace “(at)” with “@”).
Certain content is prohibited. You are responsible for any content transmitted, or accessed, using our network. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited. You may not use our network to directly facilitate the violation of any particular law or regulation or this AUP. The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited by this AUP. Use of our network to host content related to or to engage in the following activities is strictly prohibited.
Topsites;
IRC scripts/bots, IRCD (irc servers), AutoSurf/PTC/PTS/PPC sites;
IP scanners, Bruteforce Programs/Scripts/Applications;
Mail Bombers/Spam Scripts;
File Dump/Mirror Scripts (similar to rapidshare);
Anonymous or Bulk SMS Gateways;
Websites or links to websites advocating human violence and hate crimes;
Websites promoting illegal activities. or linking to other websites that promote illegal activities;
selling, or otherwise disseminating, pornography or other erotic material, regardless of its literary merit;
hosting adult thumbnail galleries/banner exchanges;
lottery/gambling or chain letters, regardless of content, and regardless of your citizenship;
advertising, advocating or operating High-Yield Interest Programs (HYIP) , Ponzi or Pyramid schemes, prime banks programs, Bank Debentures/Bank Debenture Trading Programs, or Related Sites;
fraudulent sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com).
broadcasting or streaming of live sporting events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.) or television;
cryptocurrency/bitcoin miners;
impersonating another user or otherwise falsifying one’s user name in email, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service;
dox or posting personally identifiable information such as addresses and phone numbers of individuals with the hope of causing damage or harm to said person. This does not cover Government officials when providing contact email addresses or the representatives work phone;
content that promotes or advocates human trafficking in any way shape or form as determined by JLH Hosting’s sole discretion, sites that promote prostitution, or escort services;
network unfriendly activity (ex: attempts to interfere with our network or network connections or which adversely affect the ability of other people or systems to use our network or the Internet);
creating, posting or sending Warez, Roms, CD-Keys, cracks, passwords, serial numbers, Internet viruses, worms or Trojan horses, engaging in denial of service attacks, or hosting content that is intended to assist others in defeating technical copyright protections;
posting links to prohibited items, facilitating a violation of our Policies, or instructing others in illegal or prohibited activities; and
setting up or using (via the Service) proxies, proxy scripts/anonymizers of any kind.
Video streaming websites
File hosting websites
Defamation. Websites hosted on JLH Hosting servers are regulated by U.S. law. Pursuant to Section 230(c) of the Communications Decency Act of 1996, JLH Hosting’s policy is not to remove allegedly defamatory material from websites hosted on our servers unless the material has been found to be defamatory by a Federal or state court of the United States, as evidenced by a court order. As a hosting service provider, JLH Hosting is not a publisher of User content and we are not in a position to investigate the veracity of individual defamation claims. We rely on the legal system to provide guidance and to determine whether or not material is indeed defamatory. If a Federal or state court of the United States deems material to be defamatory, libelous, or slanderous in nature, we will fully comply and disable access to the material in question in accordance with a court order. Similarly, if a Federal or state court of the United States places an injunction on specified content or material being made available, we will comply and remove or disable access to the material in question, per a court order.
Network Stability. Our network is designed to meet the anticipated needs of our customers, users, and our needs. If we determine that your use of the Services is in breach of our Policies or impairs the stability of our equipment, technology or network, we may suspend your use of the network, throttle back the bandwidth available for your use, or terminate our agreement with you, in our sole discretion.
Monitoring of Communications. We have the duty and obligation to comply with U.S. law. In certain cases that means that your use of the Services will be monitored. You agree that we are not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that you have no expectation of privacy. From time-to-time we may monitor your use of the network for statistical purposes and to improve the use of our network. Any such monitoring will be done in accordance with our Privacy Policy, located at jimslabshost.com
Child Pornography. JLH Hosting takes a strong zero tolerance stance on child pornography, content perceived to be child pornography or child exploitative content. Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

Billing Policy

Package Renewal. AS SET FORTH IN OUR POLICIES, ALL HOSTING PLANS AND DOMAIN NAMES ARE SET TO AUTOMATICALLY RENEW ON THEIR RENEWAL DATE AFTER THE INITIAL TERM AND ANY RENEWAL TERMS TO PREVENT ANY DISRUPTION IN THE SERVICES. YOUR NEXT RENEWAL DATE IS LOCATED ON EVERY INVOICE AS WELL AS THE SERVICES AND DOMAINS SECTIONS OF THE CLIENT PORTAL.
Domain Name Renewal. Domain names are set to AUTOMATICALLY RENEW ten (10) days before the expiration date to ensure no disruptions occur since URLs will immediately redirect to a landing page if a domain expires.
Please note that all payment methods that allow charges to be automatically applied will be charged ten (10) days before the domain’s expiration date per the invoice. If your payment method of choice does not allow automatic payments to be applied, payment must be made manually on or before the invoice due date or the domain name may lapse.
Charges. The Due Date for Fees for renewed packages is the package renewal date.
Failure to Renew. Accounts that have invoices which are more than fourteen (14) days overdue will be suspended. If a suspended account is to be reactivated, all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices more than one month overdue are considered abandoned and will be subject to termination.
You are responsible for all charges, costs, expenses and other fees (the “Fees”) associated with your use of the Services once our Services are made available to you. Your first invoice is generated at the time you purchase the Services. An invoice for any Renewal Term is generated fourteen (14) days prior to the first day of the Renewal Term (the “Due Date”) unless other arrangements have been made or a cancellation request has been submitted from the client portal. You are responsible for the fees and charges set out within the initial web portal invoice you pay on the Effective Date and any other invoice generated for a Renewal Term. If paying by credit card, Paypal Billing Agreement, or any other payment method capable of automatic charge, you will be charged on the Due Date. New services, packages or domains that are ordered and unpaid after seven (7) days will be canceled.
In the event that the customer fails to pay for services given, JLH Hosting may assign unpaid late balances to a collection agency for appropriate action. You agree to reimburse JLH Hosting for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is necessary to collect payment on balances due.
Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated to current offerings please contact our billing team. We cannot go back and modify invoices that have already been paid but will be happy to modify your plan for new invoices.
In order to deliver a secure high performance hosting environment, we utilize certain automated systems to limit malicious and resource-intensive activity. In some instances, non-malicious activity can appear to be malicious and trigger our systems, which may limit your ability to use our Services as set forth in Section 3(d)(iii) of the TOS. Such limitations may result in bandwidth throttling or suspension or termination of your account, in our sole discretion. In these situations, any interruption, suspension or change in the availability of the Services will not be considered downtime and will not be eligible for a service credit.
Domain name will get terminated in case there is a missed payment. Its customers responsibility to ensure that the outstanding due is settled on/before the last day.

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