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Terms of Service Service Level Agreement
Acceptable User Policy IP Address Policies
Refund Policy  

Terms of Service

1.0 Generic

1.1 Host Jaguar / Byzhosting Networks's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if the account is inappropriately used. All services are intended for end user only and may not be sold or given to third parties.

1.2 Host Jaguar / Byzhosting Networks is a web presence provider allowing Client's web site to be reachable via Client's domain name (i.e. theirname.com), or by anyone with access to a web browser connected to the Internet. Host Jaguar / Byzhosting Networks provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User.

 

2.0 Ordering

2.1 Please read the following Terms of Service, AUP and SLA agreement before proceeding. By ordering any package, you agree to all the policies listed. If you do not agree with these policies, you cannot order. These policies are to protect the best interest of our customers as a whole.

2.2 Host Jaguar / Byzhosting Networks handles the registration process for Client's requested domain name. Client agrees to pay Host Jaguar / Byzhosting Networks for the domain charges for the amount stated in the hosting plans.

 

3.0 Charges Agreement

3 .1 Client understands that each purchase will appear in credit card statement under the name of 2Checkout.com Inc. and that should client encounter any problem with the billing or order client should contact Host Jaguar / Byzhosting Networks billing department first then 2Checkout.com Inc.

3.2 Host Jaguar / Byzhosting Networks chooses 2Checkout.com Inc. and Paypal as the Credit Card processor and No credit card details are ever stored at Host Jaguar / Byzhosting Networks Should client uses more than specified resources; such as web space, data transfer, sub domain, ftp account, mailing list, pop account, mySQL Database; client agrees to pay the bill sent by Host Jaguar / Byzhosting Networks for the amount listed at Host Jaguar / Byzhosting Networks

3.2.1 If 2checkout is selected as payment type then the following policy applies:
Goods and services provided by Host Jaguar / Byzhosting Networks (WA, USA) sold by 2CheckOut.com Inc. (Ohio, USA).

3.3 Host Jaguar / Byzhosting Networks reserves the right to refuse, suspend, or cancel service pending Host Jaguar / Byzhosting Networks receipt of valid credit card information from Client. Client agrees to notify Host Jaguar / Byzhosting Networks of any changes to Client's credit card information.

3.4 All payment to Host Jaguar / Byzhosting Networks are non-refundable this includes one time setup fees and other subsequent charges regardless of usage. If a dispute has been issued by client's credit card company, in Host Jaguar / Byzhosting Networks and/or 2Checkout sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Host Jaguar / Byzhosting Networks an administration fees of not less than $75 and not more than $200.

3.5 On account of credit card declination, Host Jaguar / Byzhosting Networks will resume to charge the credit card again the next day. Service interruption will occur on accounts that reached 5 days past due. Service interrupted are subject to $50 reconnection fees. Payments that are not collectable by Host Jaguar / Byzhosting Networks will be turned over to collection agencies and clients agrees to pay the agency any fees incurred.

3.6 Client agrees to complete the payment for any custom support job provided for non managed dedicated service.

3.7 CLIENT may cancel account with Host Jaguar / Byzhosting Networks and be removed from billing, thereby stopping all future charges. Should Client decide to cancel the account, notice should be made 10 days before the account is due. Should Client fail to make an advance notice; Host Jaguar / Byzhosting Networks reserves the right to charge the client for the next payment.

3.8 After the 10 day refund policy expires, client can not cancel this Agreement and all sales are final. Client may cancel the service 10 days before the next service renewal.

 

4.0 Indemnification

4.1 Client agrees that he/she will defend, indemnify, and hold harmless Host Jaguar / Byzhosting Networks from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Host Jaguar / Byzhosting Networks, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

4.2 Host Jaguar / Byzhosting Networks assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, subcontractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

 

5.0 Disclaimer

5.1 Host Jaguar / Byzhosting Networks will not be held responsible for any damages you or your business may suffer.

5.2 Host Jaguar / Byzhosting Networks makes no warranties of any kind, expressed or implied, for services rendered.

5.3 Host Jaguar / Byzhosting Networks disclaims any warranty, merchantability, or fitness for a particular purpose.

5.4 Host Jaguar / Byzhosting Networks assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature or force nature.

5.5 Host Jaguar / Byzhosting Networks will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Host Jaguar / Byzhosting Networks.

5.6 Client is strongly recommended to perform full backup of the files and database regularly . Host Jaguar / Byzhosting Networks will not be held responsible for any data loss due to human error or hardware failure.

 

6.0 Policies Terms

6.1 The term of this Agreement will continue until a notice of cancellation by Host Jaguar / Byzhosting Networks or Client is given, or until terminated under other provisions of this Agreement. Host Jaguar / Byzhosting Networks reserves the right to terminate this Agreement without cause upon notification to the Client.

6.2 Host Jaguar / Byzhosting Networks may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Host Jaguar / Byzhosting Networks to implement this Agreement is disrupted or terminated for any reason.

 

7.0 Presumption of Agreement

7.1 By signing up with Host Jaguar / Byzhosting Networks, be it using Host Jaguar / Byzhosting Networks online sign up form or contacting in any way an employee, officer, agent, and director with request for Host Jaguar / Byzhosting Networks to provide Client services, Client (1) agrees to complete the payment form sent by Host Jaguar / Byzhosting Networks in order to setup Client's account, and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

 

8.0 Default

8.1 In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Host Jaguar / Byzhosting Networks will be entitled to damages, costs, and attorney's fees from the Client.

 

9.0 Invalid or Non-enforceable provisions

9.1 The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

 

10.0 Choice of Law/Venue

10.1 This Agreement will be construed and enforced in accordance with the laws of the State of DE and the venue for any action, dispute or proceeding with respect to this Agreement will be DE.

 

11.0 Captions

11.1 The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.

 

12.0 Amendments and Modifications

12.1 Host Jaguar / Byzhosting Networks may make amendments or modifications to this Agreement at any time. Whenever practical, Host Jaguar / Byzhosting Networks will notify Client of changes to this Agreement.

Acceptable User Policy

1.0 Content Restrictions

1.1 All services provided by Host Jaguar / Byzhosting Networks may 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 local law are strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

1.2 Prohibited content such as Pornography, nudity, and sex-related merchandising are not allowed on Host Jaguar / Byzhosting Networks Server. This includes sites that may infer sexual content; links to such adult content elsewhere are also prohibited.

1.3 Sites that promote any illegal activity, such as Warez sites, are prohibited; links to such materials are discouraged but allowed. Actual files, including but not limited to pirated software, hacker programs, cracks, and Illegal MP3 files, any form of Audio/Video files are strictly prohibited from being stored on Host Jaguar / Byzhosting Networks servers.

1.4 Client may not store any copyrighted or trademarked material including Audio/Video, Software, Document files and Image files in Host Jaguar / Byzhosting Network's servers.

1.5 Examples of unacceptable content include the following: Pirated software, Hacker programs or archives, Illegal MP3 files or archives. Adult content is not allowed on any hosting plans.

1.6 Host Jaguar / Byzhosting Networks reserves the right to remove any material from Client's web space that considered unacceptable by us. Host Jaguar / Byzhosting Networks reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Host Jaguar / Byzhosting Networks is the sole arbiter as to what constitutes a violation of the above provisions.

1.7 No site may use more than 5% of the total server output at any given time.

1.8 Prohibited content or restriction listed in section 1.2, 1.6 do not apply to dedicated server hosting service. Legal content are strictly enforced for section 1.2.

 

2.0 CGI/PHP Application Restrictions

2.1 Client is allowed to install CGI applications freely; however, Host Jaguar / Byzhosting Networks reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Host Jaguar / Byzhosting Networks will try to inform client before taking any action. However, in extreme cases where a script is causing harm to other users, Host Jaguar / Byzhosting Networks reserves the right to disable the script before informing the client.

2.2 Client may not install Client's own chat room of any kind because they tend to be large "system hogs" and therefore fall into the category described in the section above. The chat room provided with your CPanel 6.x may be used at all times.

2.3 Perl/PHP shells installation is strictly prohibited. Any type of shell program/script found will results of immediate termination of your account with no possible refunds. A fine of one-thousand (1000) US$ will be imposed. It will be automatically charged to your credit card.

24 Client may not install, run or store files that can affect server performance in any way.

2.5 Client may not install, run or store files that can affect network performance in any way.

2.6 Client may not install, run commercial copyrighted scripts without authorizations from the developer.

2.7 CGI/PHP restrictions listed on section 2.1, 2.4 do not apply to dedicated server hosting service.

 

3.0 Spam Policy

3.1 Host Jaguar / Byzhosting Networks servers may not be the source, intermediary, or destination address involved in the transmission of Spam, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.

3.2 Host Jaguar / Byzhosting Networks considers Spam to be any much-unsolicited message in the mediums of newsgroups and e-mail.

3.3 The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of two-hundred (200) US dollars will be imposed for each Spam policy violation. Host Jaguar / Byzhosting Networks is the sole arbiter as to what constitutes a violation of the above provisions.

 

4.0 Server Abuse

4.1 IRC or IRC bots such as EGGDROP are prohibited on Host Jaguar / Byzhosting Networks servers at all times.

4.2 Any attempt to undermine any Host Jaguar / Byzhosting Networks web site or a web site of another Host Jaguar / Byzhosting Networks's Client or the server itself is strictly prohibited which may result in immediate termination of services rendered by Host Jaguar / Byzhosting Networks without refund. A fine of five-hundred (500) US$ may be implemented for intentional server abuse.

4.3 Host Jaguar / Byzhosting Networks reserves the right to terminate Client's account without refund at our discretion if said material or action is discovered as mentioned in this AUP.

 

5.0 Violation to AUP

5.1 The following are considered a violation to our Acceptable User Policy

5.1.2 Illegal Use : The use of Host Jaguar / Byzhosting Networks service that violate any United States Federal, State or Local Law in respective client's nationality.

5.1.3 Threats : The use of Host Jaguar / Byzhosting Networks to transmit any form of threats in the form of email, web page or any other method with Host Jaguar / Byzhosting Networks as a medium.

5.1.4 Fraudulent : The use of Host Jaguar / Byzhosting Networks to make fraud purchases, products or service sold.

5.1.5 SPAM : The use of Host Jaguar / Byzhosting Networks to send out unsolicited email, commercial or non commercial, or the use newsgroup to send out unsolicited messages.

5.1.6 Unauthorized Access : The use of Host Jaguar / Byzhosting Networks to gain access to other accounts or server within the internal network or external.

 

6.0 Reserved Rights

6.1 Host Jaguar / Byzhosting Networks reserves the right to modify this Acceptable Use Policy. Whenever practical, Host Jaguar / Byzhosting Networks will notify Client of changes to this Agreement.

 

7.0 Zero Tolerance Policy

7.1 To protect our networks and customers, we enforced a zero tolerance policy. Disabled/Suspended account due to policy violation will not be activated in anyway for any reason.

Service Level Agreement

1.0 Service Definition

1.1 Managed Services is defined as weekly server maintenance performed by our server technician. Service performed includes securing the server, log clean up, configuration clean up, security patches, application and system software patches, fixing server software, providing support on software that pre-installed on the server, creating accounts on hosting server, setting up dns for clients and installing ssl certificates.

1.1.1 The following will void the fully managed server fixes:

1.1.1.1 Software installation performed by user which results in the server not to function normally.

1.1.1.2 Software upgrades performed by user which results in software in the server to be non operational.

1.1.1.3 Remote kernel upgrades which results in the server to be unbootable.

1.2 Semi-managed Services is defined as 24/7 monitoring and automatic server reboot service performed by our staff. No services listed in section 1.1 will be performed.

1.3 Unmanaged Services is defined as no weekly maintenance on the server and no services listed in section 1.1 and 1.2 will be performed. Custom support is provided with a $100 per hour labor fees, per support incident.

1.4 Server software is defined as software that pre-installed to the server including Apache, Bind, mySQL, Proftpd, CPPOP, SSH, Exim, CPanel, WHM and scripts that is included in CPanel.

1.5 Third party software is defined as software that is not included in server pre-installation listed in section 1.3

1.6 Monitoring service is defined as a server dedicated to monitor TCP/IP connectivity of a server. Monitoring server may be located in internal network, external and international (outside U.S.).

 

2.0 Guaranteed Service

2.1 Host Jaguar / Byzhosting Networks provides guaranteed on 99.99% network uptime policy and 99.98% server uptime policy on web hosting, ecommerce hosting, email hosting and ResellerPlus accounts. In the event of uptime not met, Host Jaguar / Byzhosting Networks agrees to refund the client a 5% of the monthly billing per 30 minutes of service downtime, up to 100% of clients monthly fees.

2.2 Host Jaguar / Byzhosting Networks provides 100% customer satisfaction guarantee. In any time within 30 day after sign up period, client is not satisfied with the service provided by Host Jaguar/ Byzhosting Networks, client is eligible for full refund outlined in refund policy section 1.0.

2.3 Uptime guarantee only apply to managed or unmanaged dedicated server in the event of server unreachable caused by network failure.

 

3.0 Hardware Replacement and Restoration

3.1 Hardware replacement will occur from 24 to 48 hours from the reported problem. Host Jaguar / Byzhosting Networks will refund 20% of the monthly per additional 24 hours of downtime. A maximum of 100% of client's monthly fees will be refunded.

3.2 Host Jaguar / Byzhosting Networks will restore system to it's original state, in case of hardware failure or corrupted data. Host Jaguar / Byzhosting Networks will not be responsible for any data lost during this process. A charge of $40 will be incurred per server restoration.

 

4.0 Service Exclusion

4.1 Service downtime does not cover downtime caused by:

4.1.1 Client's local area network.

4.1.2 Client-provided Internet connectivity or end-user software.

4.1.3 Anything inside Client's internal network including, but not limited to, firewall configuration and bandwidth to internet, local area workstations, servers, software, and configuration.

4.1.4 Client's Internet Service Provider.

4.1.5 Client's connectivity path to Host Jaguar / Byzhosting Networks Data Centers.

 

5.0 Service Downtime Exclusion

5.1 The following may not be counted or applied towards the uptime guarantee:

5.1.1 Any scheduled or emergency service downtime or upgrades.

5.1.2 Any network problem occurred outside Host Jaguar / Byzhosting Networks network.

5.1.3 Any interruptions, delays or failures caused by Client or Client's employees, agents, or subcontractors, such as, but not limited to, the following:

5.1.4 Inaccurate server configuration, web hosting account configuration, email configuration.

5.1.5 Non-compliant use of any software installed on the server.

5.1.6 Over-utilization of clients' server.

5.1.7 Any problems related to the attacks on the machine such as hacking, attacks, and exploits.

IP Address Policies

1.0 Justification and Usage

1.1 Per ARIN rules, all IP address provided by Host Jaguar / Byzhosting Networks must follow proper usage justifications. It is now mandatory to submit proper IP usage justifications before the IPs are released.

1.2 Host Jaguar / Byzhosting Networks understand the needs of IP address in hosting environment and will make every efforts to provide them for those in need. In order to make sure a fair distributions of IP address, we have setup a number of policies.

1.2.1 Host Jaguar / Byzhosting Networks discourage the use of 1 IP per website. Properly configured server have the ability to host multiple websites on a single IP address.

 

2.0 Unauthorized use of non-assigned IPs

2.1 Using non-assigned IP address will cause downtime to the assigned owner of the IP address. The following action will be taken against your account.

2.1.1 Your server will be disabled until contact is made with system administrator.

2.1.2 $500 labor fees will be applied to your account.

2.1.3 Your account may be cancelled without a refund.

2.2 Host Jaguar / Byzhosting Networks encourage users to contact technical support for IP address assignment and binding to avoid accidentally added non-assigned IP address to the server.

Refund Policy

1.0 Refund Policy

1.1 Host Jaguar / Byzhosting Networks provides a 30 days refund policy.

1.2 All domain registration and transfer sales are final.

1.3 In the event of breach of contract, such as premature service termination after the 30-day refund policy, client is no longer eligible for refunds.

1.4 In the event of breach of AUP, client is no longer eligible for refunds. Client will be subjected to any labor fees outlined in Acceptable User Policy section above.

 
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