Hosting Terms of Service Agreement

Authorization


The above-named Client (hereinafter referred to as “Client”) is engaging JARRP, Inc. (hereinafter referred to as “JARRP”), for the specific purpose of hosting the Client’s website, [clientsURL] (hereinafter referred to as “Website”).


Acceptable Use Policy


In addition to the other requirements of this agreement, Client may only use the services and products in a manner that, in JARRP’s sole judgment, is consistent with the purposes of such services and products. If the Client is unsure of whether any contemplated use or action is permitted, please contact JARRP. By way of example, and not limitation, uses described below of the services and products are expressly prohibited.

General

  1. All services provided by JARRP are to 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 is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless JARRP, from any claims resulting from the subscriber's use of JARRP's services which damages the subscriber or any other party.
  2. Pornography and pornographic related merchandising are prohibited under all JARRP's services. This includes sites that include links to pornographic content elsewhere. This also includes nudity of any kind (complete or partial), sites depicting nude images, incest, bestiality, sexual fetishes, and sensual art. Further examples of unacceptable content or links include pirated software, "hacker" programs, game rooms, any kind of illegal software or shareware, content that promotes violence, witchcraft, satanic activity or paganism. In addition sites offering online gambling, casino functionality, sportsbook betting (including offshore), online banking services, internet lotteries and online pharmacies or sites that directly sell prescription or non prescription drugs and pharmaceuticals are prohibited.
  3. Violations of the rights of any person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Client.
  4. Actions that restrict or inhibit any person, whether a customer of JARRP or otherwise, in its use or enjoyment of any of the JARRP’s services or products.

System and Network

  1. Introduction of malicious programs into JARRP's network or server (e.g., viruses, worms, malicious code).
  2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Client is not an intended recipient or logging into a server or account that Client is not expressly authorized to access. For purposes of this Section II., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
  3. Executing any form of network monitoring which will intercept data not intended for the Client's server.
  4. Circumventing user authentication or security of any host, network or account.
  5. Interfering with or denying service to any other user on Client's host (for example, denial of service attack).
  6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.
  7. Creating an "active" full time ftp connection on a JARRP-provided account by using artificial means involving software, programming or any other method.
  8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of JARRP, including but not limited to altering, removing or in any way modifying or tampering with JARRP created log files.
  9. Any action which JARRP determines, in its own judgment, will reflect poorly on JARRP or negatively impact its operations.
  10. Any action which JARRP deems to be an unacceptable use of resources, business practice or otherwise unacceptable to JARRP.

Billing

  1. Furnishing false or incorrect data on the contract, including fraudulent use of credit card numbers and Client contact information.
  2. Attempting to circumvent or alter the processes of any billing procedures or procedures to measure web space, time, bandwidth utilization, or other methods to document "use" of JARRP’s services and products.

Email

  1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Client or with whom Client does not have an existing business relationship ("email spam"). Violation of this or any section of this Agreement will result in immediate account suspension and/or termination, as well as further penalties and refund ineligibility.
  2. Sending UCE referencing an email address for any domain hosted by JARRP;
  3. Sending UCE referencing a domain or web site hosted by JARRP regardless of the source of the email sender (otherwise known as spamvertising a web site);
  4. Sending UCE referencing an IP address hosted by JARRP;
  5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by JARRP, a domain hosted by JARRP, an IP address belonging to JARRP;
  6. JARRP will be the sole arbiter as to what constitutes a violation of these provisions.
  7. Harassment, whether through language, frequency or size of messages.
  8. Unauthorized use, or forging, of mail header information.
  9. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.
  10. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
  11. Use of unsolicited email originating from within JARRP's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by JARRP, or connected via JARRP's network.
  12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.
  13. Client will be charged a minimum $500.00 service charge for each instance of a verifiable UCE that is reported to JARRP and faces immediate account suspension and/or termination, as well as further penalties. JARRP is not obligated to provide advanced notice of account suspension due to violation of any Terms of Service and may at its discretion immediately suspend and/or terminate any account for violations.

Client Support


JARRP promotes a mutually-professional relationship with its clients. Abusive, threatening, obscene or otherwise harassing communications with agents of JARRP, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.



Bandwidth & Utilization


In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.

JARRP provides a generous amount of data transfer per account to our Clients so that they may create their Websites and have a significant amount of site visitors without having to worry about additional charges for traffic. While most Clients will not exceed their monthly data transfer limit we recognize that others may occasionally or consistently need more.
  1. JARRP reserves the right to review and limit bandwidth on any hosting account package or domain exceeding usage over and above the specified maximum package limits in accordance with the current price list published on the website. Clients exceeding their monthly data transfer allotment as monitored by JARRP will be given the opportunity to pay for excess usage at a rate specified with hosting package purchased. If Client does not purchase additional bandwidth resources in order to come into compliance then JARRP reserves the right to either throttle the site's bandwidth usage or suspend the site at its sole discretion.
  2. Client agrees to purchase additional monthly data transfer when their website accounts exceed the monthly allotment during any month.
  3. Client may not use Client's Website to store Web pages, files or data for other IP addresses or domain names, nor may Client use its Website as a repository for file data transfer such as auction image hosting. JARRP reserves the right to make this determination, in its sole and absolute discretion.
  4. The storage and distribution of MP3 format files via JARRP’s network is prohibited if the Client does not own the full copyright of such files. Distribution of MP3 files even if the Client has the copyright must be done solely via the Client's web site and not through third party external web sites linking direct to the files for download. Client must prevent the direct linking to such files from external sites through anti-leaching scripts or other means available on the Internet.
  5. JARRP does not permit sites which in JARRP's view are detrimental to the enjoyment of JARRP services by JARRP's other clients, or are in the sole and final judgment of JARRP, detrimental to network or business operations. If at any time the Client’s website generates enough data transfer to affect the performance of the other client sites on the server, JARRP reserves the full right to offer Client the option of upgrading to a hosting plan that would be more suitable such as dedicated server plans or if serious enough to suspend or terminate the Client’s website.
JARRP may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of JARRP’s clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Clients with Websites that do not comply with these simple rules, or who seek to take advantage of JARRP’s data transfer traffic plan in any detrimental way will at the discretion of JARRP, have their sites canceled and/or removed from the servers and have service charges assessed.

JARRP will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Websites which JARRP must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources as is detailed in this agreement. Acceptance of these Terms of Services, and/or use of JARRP's services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.


Scheduled Maintenance and Downtime


JARRP will use reasonable efforts to provide services 24 hours a day, seven days a week. Client acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond JARRP's control or which are not reasonably foreseeable by JARRP, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. JARRP will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. JARRP has no responsibility for downtime resulting from a user's actions.


Payments


Payments not received within twenty-five (25) days of the invoice date, will be assessed a late fee of one point five percent (1.5%) per month. The minimum late fee is $5.00. Late fees will continue to accrue as long as there is an outstanding balance. Accounts with balances 45 days past due are delinquent and eligible for discontinuation without further notice. Delinquent accounts require payment by credit card to return to good standing. Accounts that are not paid within 10 days of discontinuation are subject to immediate termination. JARRP reserves the right to remove the Website from viewing on the Internet until delinquent payments are made. In case collection proves necessary, the Client agrees to pay all fees (including all attorney’s fees and court costs) incurred by that process. This agreement becomes effective only when signed by JARRP. Regardless of the place of the signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Faulkner County, Arkansas, and any dispute will be litigated or arbitrated in Conway, Arkansas, and the Client hereby consents to the personal jurisdiction of the Arkansas State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity. All payments will be made in U.S. Dollars.


Contract Length and Renewal


This Website Hosting Agreement is valid for [insert term length] year beginning [insert date]. This agreement shall renew automatically at the end of the prior agreement term unless terminated either by the Client or by JARRP as detailed below.


Terms and Termination


Either party will have the right to terminate this agreement upon notice to the other party. If the Client is terminating this agreement, Client must submit their cancellation in writing.

All cancellation requests must be received seven (7) days prior to the billing renewal date. Cancellation requests must be made via a written letter mailed to:
JARRP, Inc.
Attn: Billing Department
510 Paddington St.
Conway, AR 72034 USA
  1. Clients who cancel their accounts will receive a prorated refund for the time unused on their hosting account upon request by the Client. Setup fees, domain registration fees and/or any optional add-on-service fees, are always non-refundable.
  2. Refunds if any are due will be issued within 14 days of receipt of the cancellation letter and can only be refunded to the same person who initially made the payment and only via the same means. JARRP cannot refund a credit card other than the same credit card that was initially used to make payment.
Client will not receive a refund for account suspension or termination for violation of policies.

By submitting a credit card, Client agrees to authorize all charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.

Client will not receive a refund for any setup fees, additional feature or resource fees or any fees other than the unused portion of the annual hosting fees.

Client will be charged a $15 account reactivation fee for each site suspended due to a billing-related issue. Accounts are suspended the day after their annual renewal date if payment is not received by the renewal date. It is the Client’s responsibility to maintain a valid and working email address listed with the company billing department at all times while service is being provided. Renewal notices are sent via email to the contact email listed on Clients account prior to annual renewal date. Failure to receive a renewal notice does not constitute grounds for non payment of renewal.

Client shall pay the fees and other charges for products and services ordered from JARRP as detailed in this agreement. JARRP reserves the right to change rates without notice; any changes in price will take effect upon renewal of the existing hosting account and immediately for new purchases.
  1. Client agrees that JARRP reserves the right to change its fees, features, and discount offerings and the Client agrees to be bound by any changes of fee, feature, and/or discounts for future purchases if so made. Client will not pay more than what is listed on JARRP’s website at the time that client ordered a specific service for the period of service agreed to.
JARRP reserves the right to terminate this agreement, and to delete the Website from its hardware, immediately upon the occurrence of any of the following events:
  1. Non payment of any charges due from Client;
  2. Breach of any term or condition of this agreement by Client;
  3. Commencement of any lawsuit or proceeding against Client arising from or relating to its use of the Website, whether or not such suit names JARRP as a party or seeks any recovery from JARRP.
  4. Payment for any charges are due at the time of signup and renewal respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Client shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due JARRP.
It is the Client's responsibility to maintain an active email address and notify JARRP of any changes to the account administrative contact. Clients needing to update their information must do so through their online secure account Control Panel. Failure to maintain accurate contact information and a working email address will prevent the Client from receiving important account notices and information and therefore is a serious matter.


Payment Schedule


Client will be invoiced monthly in accordance with the conditions contained in this contract. Notwithstanding any prices listed in literature or on Web pages, the Client and JARRP agree that the services described in this Hosting Agreement shall be for:

$x.xx per month   or   $x.xx per year (if paid in full)


Hosting Agreement


If the Client exceeds the allotted bandwidth defined in this agreement, the Client will be charged $2.00 for each GB of additional bandwidth used.


Upgrading Hosting Agreement


Client may upgrade to a new hosting agreement at any time, but cannot choose a lower level hosting agreement then the one selected below until the remaining length of the contract.


Price Lock


Prices for this Website Hosting Agreement chosen by the Client shall never increase for the remaining length of the contract unless Client upgrades to a new maintenance agreement.


Arbitration


Any controversy or claim arising out of or relating to this agreement, or any breach thereof, shall be settled by arbitration in the city of Conway, Arkansas, in accordance with the rules then obtaining of the American Arbitration Association, and judgment upon the award rendered may be entered in any court having jurisdiction thereof.


Venue


This agreement becomes effective only when signed by JARRP. Regardless of the place of the signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in Faulkner County, Arkansas, and any dispute will be litigated or arbitrated in Conway, Arkansas, and the Client hereby consents to the personal jurisdiction of the Arkansas State Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.


Attorneys Fees


In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs.


Limitation of Liability


Notwithstanding anything to the contrary contained in this contract, neither JARRP nor any of its employees or agents warrants that the functions contained in the Hosting Agreement will be uninterrupted or error-free. The entire risk as to the quality and performance of the Website is with the Client. In no event will JARRP be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Website, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if JARRP has been advised of the possibility of such damages.


No Partnership or Joint Venture


The Client and JARRP are independent contractors and neither party is the legal representative, agent, joint venturer, partner or employee of the other party for any purpose whatsoever. Neither party has any right or authority to assume or create any obligation of any kind or to make any representation or warranty on behalf of the other party, whether expressed or implied, or to bind the other party in any respect.