Terms of Service
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.
2.1 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
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
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
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.
4.1 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.
5.1 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.
Host Jaguar / Byzhosting Networks disclaims any warranty, merchantability,
or fitness for a particular purpose.
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.
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.
8.1 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.
11.1 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.
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.
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
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
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.
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.
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
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
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.
Fraudulent : The use of Host Jaguar / Byzhosting Networks to make fraud
purchases, products or service sold.
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.
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
1.1.1 The following
will void the fully managed server fixes:
installation performed by user which results in the
server not to function normally.
upgrades performed by user which results in software
in the server to be non operational.
188.8.131.52 Remote kernel
upgrades which results in the server to be unbootable.
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
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
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
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
4.0 Service Exclusion
4.1 Service downtime
does not cover downtime caused by:
4.1.1 Client's local
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
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.
Any network problem occurred outside Host Jaguar / Byzhosting Networks network.
interruptions, delays or failures caused by Client
or Client's employees, agents, or subcontractors,
such as, but not limited to, the following:
server configuration, web hosting account configuration,
use of any software installed on the server.
of clients' server.
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
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.
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
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.
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.
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.