Terms and Conditions of Use

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Janhost's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Janhost's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Janhost at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Janhost's web site are provided "as is". Janhost makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Janhost does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Janhost or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Janhost's Internet site, even if Janhost or a Janhost authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Janhost's web site could include technical, typographical, or photographic errors. Janhost does not warrant that any of the materials on its web site are accurate, complete, or current. Janhost may make changes to the materials contained on its web site at any time without notice. Janhost does not, however, make any commitment to update the materials.

6. Links

Janhost has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Janhost of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Janhost may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Janhost's web site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

ACCEPTABLE USE POLICY & TERMS OF SERVICE

The following is the entire Acceptable User Policy (“AUP”) agreement between Janhost (“Janhost”) and the personal or corporate account holder (“YOU/YOUR/Customer”). Janhost provides World Wide Web Hosting, Marketing, and Development. Janhost has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services.

Janhost general policy is to act as a provider of Internet presence. Janhost reserves the rights to suspend or cancel a customer’s access to any or all services provided by Janhost when we decide that the account has been inappropriately used.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of Janhost is strictly prohibited.

Janhost will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.

 

Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Janhost, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.

 

IMPORTANT NOTE – Janhost has the right to discontinue service or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

 

YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by Janhost to be unacceptable use of our services including abuse of server resources.

 

WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.

 

Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.

Storage Space Abuse

Janhost will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on Janhost servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancellation at the discretion of Janhost Management (“MANAGEMENT”), with or without prior notice.

If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (“PLAN”). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month.

YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Janhost has the sole decision to deactivate any and all servers.

Janhost will be the sole arbiter as to what constitutes a violation of this provision.

Bandwidth Abuse

The intention of Janhost is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.

If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month.

YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or Janhost has the sole decision to deactivate any and all servers.

Janhost will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email & Spamming

Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation.

Janhost takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.

The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, the frequency of messages, or size of messages, is
prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.

NOTE – If YOU use the services of another provider to promote a website hosted by or through Janhost (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.

99.99% Uptime Guarantee

(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with Janhost at the time of a service outage.

(2.) SERVICE LEVEL AGREEMENT (“SLA”) & SPECIFICATIONS – Janhost endeavors to have the content of YOUR website available for HTTP access by any party in the world 99.99% of the time. Network downtime (“unavailability”) is defined as 100% packet loss from Janhost to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Janhost’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Janhost NOC.

Janhost’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Janhost network.

(3a.) SHARED HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, Janhost will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.

Monthly Uptime Credit:

· 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
· 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
· 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee

 

(3b.) MANAGE DEDICATED SERVERS – For managed dedicated server Customers, if the uptime is between 98.9% and 99.9% for any particular month, credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the Customer’s services during the month and the calculated actual level of availability of the Customer’s services, multiplied by the actual charges incurred by YOU for the services during that monthly period. In addition, for managed dedicated servers, YOU may be entitled to additional credits as calculated below measured 24-hours a day in a calendar month, with the maximum credit not to exceeding 25% of the monthly service charge for the affected month.

In order for YOU to receive a credit on YOUR account, YOU must request such credit within seven (7) days after YOU experienced the downtime. You must request credit by sending an email message to billingsupport@Janhost. For security, the body of this message must contain YOUR account number, the dates and times of the unavailability of YOUR website, and such other customer identification requested by Janhost. Credits will usually be applied within sixty (60) days of YOUR credit request. Credit to YOUR account shall be YOUR sole and exclusive remedy in the event of an outage.

 

(4.) RESTRICTIONS – Credit shall not be provided to YOU in the event that you have any outage resulting from:

 

· scheduled maintenance as posted from time to time at Janhost,
· your behavior or the performance or failure of your equipment, facilities or applications,
· circumstances beyond Janhost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your website,
· YOU breaking any agreement policy in Janhost’s “Terms & Conditions and AUP” causing a machine to fail as a result.

Technical Support Boundaries

Janhost provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.

However, in under no circumstances is Janhost neither obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. We will only provide assistance in making sure any EasyApps applications that are installed through the cPanel control panel interface are installed as directed.

CGI Scripts

Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however, we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)

Chat Rooms

We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with Janhost. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.

File Server

Janhost installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the webservers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.

In addition, all electronic files stored within Janhost’s file-servers must be legally owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications

File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the Janhost’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.

This service is only available for Janhost’s SHARED-HOSTING customers.

SMTP MailServer Abuse

We do not allow YOU to send outbound email to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum file size of 20MB per email message. If YOU violate Janhost policies persistently in email activities, YOUR account will be suspended and deleted.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-time basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (This section does not apply to managed dedicated servers).

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can, however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.

Payment Polices

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts as well as major account changes and are non-refundable. All pricing is guaranteed for the term of prepayment. Janhost reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies Janhost to request for termination of services. All payment is in U.S. currency. Janhost will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All Janhost accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle during a current cycle, there will be a $50.00 fee. Please contact the billing department at billingsupport@Janhost should you wish to change your anniversary billing cycle.

Cancellation Of Service

Janhost reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Janhost if we institute our right of cancellation. Any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).

All of Janhost’s PLANS are backed by a 30-day money back guarantee. If YOU are not completely satisfied with our services or support within the first 30 days of YOUR contract, YOU will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees, and overages. Setup fees are refundable only if the account order is canceled prior to account activation.

If YOU cancel, the full contract amount less any setup fees and overages will be refunded if COMPANY is notified within the first 30 days following activation. This policy does not pply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. For credit card payment, refunds will be made to a PayPal account made available by the Customer after the 120th day. Refund policy will not be made available to Customers using wire transfers.

All account cancellations must be done via our cancellation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancellation.

Promotional Rates & Special Offers

Janhost may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

Intellectual Property Rights

Material accessible to you through Janhost’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Janhost or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Janhost network. If YOU use a domain name in connection with Janhost or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Janhost network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crashes a host or network. Janhost will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:

(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,

(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and

(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.

Static & Dynamic Content Caching

YOU expressly

(i) grant to Janhost a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Janhost under this Agreement and

(ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.

IP Address Ownership

Janhost shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Janhost. Janhost reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

YOU agree to pay Janhost prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Janhost price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. Janhost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the egistration fee, and have confirmed YOUR registration in an email from Janhost to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Janhost) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Janhost as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Janhost will reinstate YOUR domain name registration solely at Janhost discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar to Janhost

YOU agrees to pay Janhost prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Janhost price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:

   · No response from the Registered Name Holder or Administrative Contact
· Domain name in Registrar Lock Status
· Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

Janhost reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Janhost to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Janhost) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Janhost as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Janhost will reinstate YOUR domain name registration solely at Janhost discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Transfer domain registrar away from Janhost

Janhost reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:

· No response from the Registered Name Holder or Administrative Contact
· Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
· Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer

YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Janhost will not be held liable for the failure of a domain name transfer for any reason.

Lawful Purpose

Janhost reserves the right to refuse service to anyone. YOU may only use Janhost server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of Janhost management.

If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Janhost may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Fort Lauderdale, Florida, and any dispute will be litigated or arbitrated in Fort Lauderdale, Florida. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL COMPANY’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD JANHOST HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST JANHOST, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JANHOST AGAINST LIABILITIES ARISING OUT OF:

(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH JANHOST’s SERVER.

(2) ANY MATERIAL SUPPLIED BY THE 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 Janhost’s
SERVER.

Disclaimer

JANHOST WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. JANHOST INC., MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. JANHOST INC., DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY JANHOST AND ITS EMPLOYEES. JANHOST INC., RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF JANHOST INC., MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.

Privacy Statement

Janhost follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

Last updated 10/08/2017