Where the context admits: "The Provider" includes JaxHosting or any party acting on JaxHosting's implicit instructions. "Personal account holder" includes the person purchasing the services or any party acting on the customer's instructions.  In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:

Server Use
Personal account holders are not permitted to resell, store or give away web-hosting services of their website to other parties.  Web hosting services are defined as allowing a separate, third party to host content on the owner's web site.  Exceptions to this include banner ads, classified ads, and personal ads.

If interested in reselling, contact us about our Reseller plans.

The Provider reserves the right to refuse service and/or access to its servers to anyone.

Personal account holders warrant to us that you will use the Web Site allocated to you only for lawful purposes.  Personal account holders will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor authorize or permit any other person to do so

The Provider does not allow any of the following content to be stored on its servers, or linked to from hosted web sites:

Illegal or Illicit Material - Copyrighted works, commercial audio, video and any material in violation of Federal, State or Local regulations. This includes pirated software, ROMS, emulators, information on phreaking, hacking, virus creation, password cracking, IP spoofing, etc.  

Adult Material - Includes all pornography, erotic images, or otherwise lewd content.  The designation of "adult material" is at the sole discretion of The Provider.

Other Objectionable Material - Any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous or profane.  Material which constitutes or encourages the commision of a criminal offense or which infringes upon any patent, trade mark, design right, copyright, or any other intellectual property rights.

High Resource User Policy
Resources are defined as bandwidth and/or processor utilization.

The Provider may implement the following policy at its sole discretion:

When a website is found to be monopolising the resources available, The Provider reserves the right to demand immediate payment for additional resources over and above the purchased plan, or suspend that site immediately. This policy is only implemented in extreme circumstances and it is intended to prevent the misuse of our servers.

Payment Policies

All accounts are run on a prepayment basis. Although The Provider reserves the right to change prices or accounts of services at any time, all pricing is guaranteed for the period of prepayment.  Payment is due each anniversary year or month following the date the account was established.  Customers are responsible for ensuring that their accounts are kept paid in full.  Accounts not in good standing may be suspended at any time.

Cancellation and Refunds

The Provider reserves the right to cancel the service at any time.  In this event customers will be entitled to a pro rata refund based upon the remaining period of membership.  If a customer terminates service or breaks these Terms of Service, no refund will be issued.

Indemnification

The Personal account holder agrees that it shall defend, indemnify, save and hold The Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against The Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless The Provider against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with The Provider's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from The Provider's servers.

Disclaimer

The Provider will not be responsible for any damages your business may suffer.  The Provider makes no warranties of any kind, expressed or implied for services we provide.  The Provider disclaims any warranty or merchantability or fitness for a particular purpose.  The includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by The Provider and its employees.  The Provider reserves the right to revise its policies at any time.