Just Your Hosting LLC - Terms of Service (TOS)

There are no hidden fee's so if you are searching for them in small print, just a head's up.

Use of Just Your Hosting LLC's Service constitutes acceptance and agreement to Just Your Hosting LLC's AUP (Acceptable Use Policy) as well as Just Your Hosting LLC's TOS (Terms of Service). From herewith in this TOS, and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Just Your Hosting LLC, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Just Your Hosting LLC.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Just Your Hosting LLC, that you are agreeing to our TOS, AUP. No Modifications of said contract by customer is allowed.

2. Just Your Hosting LLC will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

3. In connection with any Hosting Services, if Customer's actual bandwidth usage in any month exceeds allotted amount, specified in Customer's contract, Customer will pay Just Your Hosting LLC any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.

4. We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.

5. All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, http://justyourhosting.com/. In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.

What may not be hosted on our network:

Illegally posted materials will not be tolerated on our network. These include:

- Copyrighted Software
- Child pornography
- Credit Card Fraud Information
- Copyrighted media, includes but not limited to: Video, Music, TV, Radio

If you find any of the above materials hosted on one of our web servers, please report to abuse@justyourhosting.com .

Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.

Scheduled Downtime is any Just Your Hosting LLC scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.

Resellers:

· Reseller confidentiality and support agreement:

We, Just Your Hosting LLC, provide our resellers an opportunity to resell and manage services resold to third parties. Your name, company or private, in relation to Just Your Hosting LLC will be kept anonymous as best possible.

As a reseller of services, you, the reseller, are responsible to provide direct support to your clients. Please be advised that we, Just Your Hosting LLC, will not provide third party technical support to the clients of resellers and are not responsible to provide such under any circumstance.

Payment:
Establishment of this service is contingent upon receipt of payment from Customer to Just Your Hosting LLC. Subsequent payments are due on the anniversary date of the month for that month's service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account's monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Delinquent Accounts:
Just Your Hosting LLC may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve customer of responsibility for the payment of all accrued service fees, or any collection fees.

Credit cards that are declined for any reason are subject to a $10.00 declination fee.

All accounts that become more than 5 days past due will be charged a $20.00 late fee.

Service will be interrupted on accounts that reach 10+ days past due.

Accounts that are not collectable by Just Your Hosting LLC will be terminated, and turned over to an outside agency for collections. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" fee of not less than fifty dollars ($50.00) and no more than one hundred, fifty dollars ($150.00)

Delinquent Reseller Accounts:
Should your reseller account become delinquent, and payment not made to Just Your Hosting LLC, resulting in a suspension of service you will have 48 hours to make restitution for the delinquent balance. Any account left unpaid after 48 hours of suspension and reseller not contacting the Just Your Hosting LLC billing department to resolve the issue will allow for Just Your Hosting LLC to suspend services and or terminate accounts at their discretion. Resellers shall not hold Just Your Hosting LLC responsible for failure to appropriately pay their invoices in a timely manor set forth in your original contracts.

Account Cancellation:
All requests for canceling any service(s) must be made in writing with at least 7 days notice but not more than 30 days prior to when services need to be stopped. A written email at jim@justyourhosting.com is required to complete your request. If a termination request is submitted less than 7 days before the renewal date for the account, the client will be held liable for any charges that are automatically charged to the account for hosting while the request is in our que.

When submitting a termination request, include your domain name and the last name on the credit card being billed for services in your email.

All termination requests must be sent from the person listed on file as the owner of the account. Any outside requests will be rejected.

Termination requests sent to any other location other than our online helpdesk are invalid.

Refunds and Disputes:
All payments to Just Your Hosting LLC are nonrefundable. This includes any setup fees, monthly fees, and yearly hosting fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Just Your Hosting LLC's discretion which is valid, under the terms and conditions of our AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.

Suspension and Cancellation:
Company will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Company reserves the sole right to suspend service to any Customer located in our datacenter for violation of the AUP without notice. Company reserves the right to terminate service without notice for any violations of the AUP.

Violations of the AUP will result in the following:

* A warning notification via email, Orbit trouble ticket with 72 hours notice for resolution.

72 hours is the standard notification; situations involving law enforcement, phishing, fraud, password harvesting, network interference, Denial or Disruption of service, IRC mis-use, or other malicious activity can reduce the notification time frame.

Failure to resolve the AUP violation within 72 hours will result in the following:

* Removal of the violating content or service
* Removal of DNS for the account
* Temporary shutdown of the account
* Block on outgoing mail
* IP address routing to null

Repeat violation of the above terms will result in the following actions.

* Immediate disconnection of service with no re-activation.
* $100 fee assessed to Customer account for violation.

Pro-rated refunds are only issued in regards to upgrades and downgrades of an existing hosting plan. Payments made on a monthly or yearly basis after upgrade are still nonrefundable, however the customer is not obligated to continue their subscription past the month or year last paid for.


Data Loss:
Just Your Hosting LLC is not responsible for the restoration of data to server. We strongly that you keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration. Just Your Hosting LLC shall not be liable for loss of data under any


Resource Abuse Policy
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and Just Your Hosting LLC does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory that can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU & memory usage by one or more clients causes extreme slowness in all areas: MySQL, Email, HTTP and more. If the CPU & memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

AVERAGE SERVER RESOURCE LIMITS
Memory usage may not exceed 10% per domain/file/application
CPU usage may not exceed 20% per domain/file/application
Apache connections may not exceed 30 connections
15 MySQL maximum user connections allowed
150 emails per hour, per domain

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

Suspensions
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will only release the suspension within 24-48 hours. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/cPanel access for a certain time period. Any questions about our abuse policy may be answered by emailing our abuse department at abuse(@justyourhosting.com).

Account Suspension: Accounts that are suspended due to copyright infringement, spamming, warez, IRC, or child pornography, are subject to a $35.00 reconnection fee. If account holder does want not to abide by our terms of service, or does not agree to remove the offending material, they may pay a $20.00 fee for a backed up version of their account. If account holder will not agree at all, the account will be subject to removal from the server after 5 days.

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