Jersey Web Hosting (JWH) is dedicated to providing top quality service at a very affordable price. The conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any condition will be grounds for immediate account deactivation without notice. Jersey Web Hosting will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact our abuse department at abuse'@'jerseywebhosting.com.

Illegal Usage

JWH servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, 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 software, hacker programs or archives, warez sites, MP3, and IRC bots. Any type of forum/discussion board discussing where to obtain such files or one that distributes the files is also prohibited. Sites related to HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes are prohibited. The subscriber to JWH service agrees to indemnify and hold harmless Jersey Web Hosting from any claims resulting from the use of the service that damages the subscriber or any other party. Jersey Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Illegal Content

JWH does not allow torrent clients or trackers due to copyright issues and resource abuse. Background daemons such as IRC bots, eggdrop, BitchX, XiRCON and any other program that interferes with normal server operation are not allowed. Web proxies are also not tolerated due to resource abuse. When using an account with shell, you are not allowed to run any servers or services on the JWH network. Servers are defined as perlbots, proxies, bitchX, psyBnc, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will face an immediate suspension, and users will be subject to a fine no less than $50.00 USD, and no more than $100.00 USD. JWH reserves the right to terminate an account for these activities also.

Chat Rooms

Jersey Web Hosting does not provide nor allow chat rooms on shared hosting environments. You may elect for a dedicated server to run a chat room efficiently.  Contact our sales department for pricing.

IRC

JWH does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.

Security

Users are prohibited from violating or attempting to violate the security of the JWH Network. Violations of system or network security may result in civil or criminal liability. JWH will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access,
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
3) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing",
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting,
5) Taking any action in order to obtain services to which such User is not entitled,
6) Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations,

Each hosting package purchased is unique to a do main name and use - you are not allowed to purchase multiple plans to obtain combined bandwidth & space. JWH will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.

Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Server Abuse

Any attempts to undermine or cause harm to a JWH server or customer of JWH is strictly prohibited. Any sub-networks of JWH and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Client Responsibility

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party.

Backup Policy

Jersey Web Hosting takes extreme steps to maintain system integrity. However, JWH shall not be held responsible for loss of data due to ANY cause. To ensure the highest level of data protection, JWH recommends that ALL information be backed up on your own computer. As with any data that you hold a high importance to, it should be in more than one location at all times. All JWH data backups are designed against hardware failure, not customer user error.

Actions Taken

The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. JWH will be the sole arbiter as to what constitutes a violation of the AUP. Jersey Web Hosting reserves the right to remove any account without prior notice.

When JWH becomes aware of an alleged violation of its AUP, Jersey Web Hosting will initiate an investigation. During the investigation, JWH may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Jersey Web Hosting may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, JWH will notify the appropriate law enforcement authorities of such violation.

JWH does not issue credits for outages incurred through service disablement resulting from AUP violations.

JWH customers agree to indemnify and hold harmless Jersey Web Hosting from any claims resulting from the use of our services that damages them or any other party. The Jersey Web Hosting service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. JWH expressly disclaims any representation or warranty that the JWH service will be error-free, secure or uninterrupted. No oral advice or written information given by JWH, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. JWH and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

JWH reserves the right to add, delete, or modify any provision of this policy at any time without notice.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true to issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer's account will be suspended and we will recommend to the customer to find a new host. A backup of the account(s) will be provided.

Privacy

JWH, will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations. Should we need to contact you directly regarding your specific account or service we will do so via email only. If you are a member of Surmunity.com, our forum, you may receive mailings from us, as required to receive server announcements. You are free to request to not receive forum notifications/emails at any time from within your user panel at our forum.

Satisfaction Guaranteed

30 Day Guarantee Statement for Shared and Reseller Accounts ONLY: Domain purchases are not eligible for this money back guarantee. If for any reason you are unhappy with the services you receive from JWH during the first 30 days of service, you may request in writing via email or by our cancellation form (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.

New Accounts

All new web hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive two (2) emails including login details after your purchase. Due to unforeseen complications with various mail servers and any connection problems between your ISP and JWH, this process may sometimes be delayed. When signing up for our service, if you save what you choose for your client area username and password, then you can resend the emails to yourself if for any reason they do not arrive:

Domain Names and Domain Transfers

In order for your domain name to point to the JWH server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. That process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to JWH and away from your original registrar. You must create an account at Jerseywebhosting.com or jerseywebhosting.net and initiate a transfer. Most domain transfers are $10 or $15 and that goes toward one year of registration with JWH Domains, added on to your current registration period with the previous registrar.

JWH will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. JWH does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. If you have any questions at all about DNS changes or domain names in general, please email sales'@'jerseywebhosting.com). If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement. Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area. Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than $150.

Payments

All payments will be charged to an approved credit card (Visa, Mastercard, American Express) or debit card that is approved. We also accept paypal payments. Shared and Reseller accounts 5 days past due will incurr a $6.00 USD late fee charge. We only accept credit cards, check (debit) cards or PayPal for payment of services. Subscription plans renew automatically and payments will incur unless you submit proper cancelation of your account. In the event that your yearly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly payments will incur unless you submit proper cancelation of your account. Any debt not paid will be forwarded to a collections agency. Please address any questions regarding payment to our billing department via our HelpDesk (http://support.jerseywebhosting.com) or (http://jerseywebhosting.com/clients/supporttickets.php)

Cancellations

Shared/Reseller Accounts - If you wish to cancel your services, you must indicate your cancellation 5 business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month/year and hereby agree to complete payment as invoiced accordingly.

The cancellation process can be completed from within your client area here: http://jerseywebhosting.com/clients/

If you cancel your account and your payments continue for any reasons such as 1) by fault of the credit card processor 2) by fault of any other payment collection company we are not responsible for any overdraft fees that are issued by your financial institution. Please contact your payment processor for correction and cancellation of any and all fees charged.

Overage Charges

Our service plans are designed to accommodate the majority of usage scenarios given the needs of our customers. However, your usage may vary and require additional allocations, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address updated within your client control panel, so that you may receive an email when your account reaches certain limits determined solely by our system, ie. bandwidth exceedment warning at 80% at which time you may contact us to purchase a higher transfer quota for your account. If you do not contact us, the system will suspend your site if your allotments exceed your contracted amounts.

Refunds/Account Termination

If, for any reason, JWH fails to deliver said services, a prorated credit can be issued upon request. No credits will be issued if abuse of our stated policies forces JWH to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days.

Cancellations of accounts pre-paid for on a monthly basis will not receive a credit/refund for the remainder of the billing period, therefore we encourge to only submit cancellation when the account will no longer be used. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated credit, not a refund, based on the monthly rate of the same hosting plan, where any applicable credits will be issued to the client account and can be used to purchase other services/products by client at anytime. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

Content

JWH believes in freedom of speech; however, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if JWH is made aware of any questionable content on a JWH-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a JWH server that copyrights their own material or that they wish to be removed, we require a proper DMCA notice to begin investigation.

Liabilities

JWH makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall JWH be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by emailing our abuse department at abuse'@'jerseywebhosting.com