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Terms of Service Agreement
WebJockey1 provides web hosting to clients worldwide. Our responsibility is to protect each client and to provide the best service available.

All clients of WebJockey1 are subject to the Terms of Service listed below.

Billing Cycles
All WebJockey1 billing services are for Quarterly periods and payable in advance.

We bill on the first of the following months: January, April, July and October. Your amount due at the time of starting an account will be pro-rated to the end of the current cycle unless your first month of service happens to be the last month in a quarter. In that case, you will be billed for the next quarter upon sign-up.

We accept all major credit/debit cards online, or a check/money order as form of payment. Payments are for three (3) months IN ADVANCE (unless paying annually for starter sites). We do not allow monthly payments of any kind. Depending on your preferred method of payment, please read the following procedures:

Payment Procedure #1:
Online with Any Major Credit/Debit Card.

Payment Procedure #2:
Check or Money Order Payments to:
WebJockey1
50 Palmetto Bay Road
PMB #158
Hilton Head island, SC 29928

This is meant solely as a protection to our clients in hopes that their hosting experience with us is everything we have promised. If for some reason you are not satisfied with our hosting within the first 30 days, we will gladly refund the amount you have paid up to that point.

Non-U.S. Clients:
Non-U.S. clients are encouraged to pay via PayPal as it is the easiest way to handle payment at this time. However, if you would like to pay some other way, please let us know and we will do our best to accommodate you.

Delinquent Accounts:
For new accounts, you have 48 hours to either make a secure online PayPal payment or notify us via email that you have already mailed in payment by check or money order

If you fail to do either of the above, we will contact you by email. If we do not hear from you within 24 hours we will immediately block access to your account. Failure to get back to us within a week of your account being blocked will result in the removal of your account from our servers.

For regular customers, we bill approximately 2 weeks prior to the beginning of the month for each quarter. Check and PayPal credit payments need to be received by the 20th of the first month in the billing cycle. If payment has not been received by this time our billing system will automatically disable your account. This means your account will remain physically on the server, but you will not be able to access it via a web browser or FTP. If you do not contact us by the 25th of that month, we will delete your account from our servers. This means all content, or files, will be deleted for good. If we still have not heard from you by this time, legal action may be required on our part to obtain the amount currently due.

If you know that you will be away for an extended period of time and a billing cycle is approaching, you must notify us and make other payment arrangements or pay ahead of time. We will work with you, but we must be notified or else you risk losing your server. With as many accounts as we have, we do not have the time or manpower to track down delinquent accounts. We would much rather spend that time helping clients with hosting issues or adding new features to our services. So, please, make every effort to submit payments in a timely manner.

Bounced Checks
Should your check payment bounce, you will be charged a fee of $25 in addition to your already existing balance.

Restrictions On Content & Activity

Legality
All services provided by WebJockey1 may 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 City law is prohibited. This includes, but is not limited to: copyright material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless WebJockey1 and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and Sex-related Merchandising
Any and all is prohibited on all WebJockey1 servers. This includes sites that may infer sexual content or links to adult content elsewhere. WebJockey1 will be the sole arbiter in determining violations of this provision and the client will, by signing up for Webjockey's hosting services, be deemed in agreement with this policy and agree to be solely responsible for any fines, fees and/or charges that might be imposed by a court of law or any legal institution resulting from any spamming performed by the client or its clients.

MP3 Archives, Software/Program Downloads and A/V Streaming
All strictly prohibited in any shape or form. Downloads and streaming of any audio, video or software/program files (mp3, real audio, real video, windows media etc, .wav, .mpeg, .mov, .avi, zip, .exe etc.), including "bootleg" recordings (or those recordings not authorized by the artist in question), are strictly prohibited by WebJockey1. Any account that is found violating these terms will first be suspended with a warning. If a second violation occurs by the same account, we will delete the account without notice.

Promulgation of Viruses
IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Archives
Archives are strictly prohibited. In addition to not allowing the downloading or streaming of multimedia files on our servers, we also do not allow multimedia archives of any kind. Specifically, this would include client sites that store (or archive) software, audio or video files on their servers. Picture galleries are permitted as they are not multimedia.

Unacceptable Content
Also prohibited are sites that promote ANY illegal activity or present content that may be damaging to WebJockey1 servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links are the following.

Pirated software

Hacker programs or archives

Warez sites

Ilegal Mp3 files (copyrighted music)

WebJockey1 will be the sole arbiter as to what constitutes a violation of this provision. Sites found to contain (or contain links to) pirated software, illegal MP3s, hacking or hacker programs will be shut down immediately and will not be allowed back on the server. Any information or files on these servers will be deleted shortly thereafter and you will never regain access to it.

Monthly Transfer (Bandwidth/Traffic)

Since the term "Unlimited Traffic" is arbitrary due to lack of specificity, we have done away with that term and have decided to make it very clear exactly what our transfer or traffic limits are for each plan that we offer.

We currently offer the following 3 Plans

Standard: 3000MB (3GB) of transfer is allowed each month. Should your account exceed this amount, you will be billed an additional $10 for each GB that exceeds 3GB for the month. Please keep in mind that as long as your account is following our Terms Of Service, there is no reason why your site should be even close to doing that amount of traffic. The server site itself barely uses 500 MB, and we are a heavily trafficked site with dozens of web pages.

Power: 5000MB (5GB) of transfer is allowed each month. Should your account exceed this amount, you will be billed an additional $10 for each GB that exceeds 5GB for the month. Please keep in mind that as long as your account is following our Terms Of Service, there is no reason why your site should be even close to doing that amount of traffic.

Super: 7000MB (7GB) of transfer is allowed each month. Should your account exceed this amount, you will be billed an additional $10 for each GB that exceeds 7GB for the month. Please keep in mind that as long as your account is following our Terms Of Service, there is no reason why your site should be even close to doing that amount of traffic.

WebJockey1 feels that claiming "unlimited traffic" would be unfair because it does not spell out exactly how much is too much. In reality, most sites barely use 1000MB (1GB) of traffic each month, let alone 5000MB, 7000MB or higher. If you believe your server requires more than 9000MB (9GB) of bandwidth, we would strongly suggest getting your own dedicated server. We would not be offended if you chose to do so.

Our servers are priced and intended mainly for those looking to host personal to mid-sized businesses web sites. Large business and corporate sites are welcome to use our servers for their hosting needs, but may not find it cost effective to do so. In this instance, a dedicated server may be the better option.

Commercial Advertising

Email
Spamming is strictly prohibited and under NO circumstances will be allowed to pass through our servers. If you plan on using your account for unsolicited, bulk emailings please stop right here and do not sign up for an account with us. Should we discover that you are spamming, your site will be immediately deleted without notice and no refund of any fees paid in advance will be made.

Spamming
Spamming, or the sending of unsolicited email, from any WebJockey1 server or using an email address or domain that is maintained on a WebJockey1 machine as a reference is STRICTLY prohibited. Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE. WebJockey1 will be the sole arbiter as to what constitutes a violation of this provision.

Mailbox (MX) Settings
We do not alter our mailbox (MX) settings for use with third party Email companies.

Other Restrictions

POP Account Storage Space:
Each Email (POP account) can hold a maximum of 25MB. While there is not a hard limit on your POP account storage, WebJockey1 reserves the right to request that you partially reduce the space for the pop account(s) in question. The reason for this is simply to free up space on the server that is not being used efficiently.

Chat Rooms
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any violation will result in immediate deletion of a site from our servers without notice and a refund of any fees paid in advance.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. br>
LIMITATION OF LIABILITY
WebJockey1 shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from WebJockey1 servers going off-line or being unavailable for any reason whatsoever.

Furthermore, WebJockey1 shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of WebJockey1 servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Uses Policies should be referred to webmaster@webjockey1.com

All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Money Back Guarantee
WebJockey1 is pleased to offer a money-back guarantee should you become unsatisfied within 30 days of your account activation. We do not refund Domain Name registration fees.

Furthermore, WebJockey1 will not and can not be responsible for any fees that you charge for your services to your customers. WebJockey will only grant a refund after the first 30 days if we are at fault for not providing you with the services promised on our hosting page.

General dissatisfaction with our services is not acceptable for a refund after the initial 30-day trial period has expired. We will only grant you a refund if we have exhausted every possible opportunity to remedy any problem you may be having with our services.

Please Note: We only issue refunds via check and will make special arrangements with those in foreign countries who cannot accept U.S. checks.

DISCLAIMER

Please Read
WebJockey1 cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits which a client would have gained if their site was functioning. Certain services provided by WebJockey1 are resold. Thus, certain equipment, routing, software, and programming used by WebJockey1 are not directly owned or written by WebJockey1. Moreover, WebJockey1 holds no responsibility for the use of our clients accounts.

If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as WebJockey1 deems appropriate.

ACCOUNT ACTIVATION
By signing up for any of the services offered by WebJockey1, the client agrees to hold WebJockey1 and any or all of its officers, directors, stockholders and employees safe and harmless from any and all actions, policies, negligent and criminal acts that may be performed by a client in connection with the client's utilization of any and all services provided by WebJockey1.

The transfer of a domain owned by a client to a server utilized by WebJockey1 or the use of our server so as to host a new domain shall constitute the beginning of the use of services provided by WebJockey1 by the client, regardless of whether or not the client has paid for said services at any given time.

NOTICE: Aside from spamming and hacking, for which WebJockey1 provides no warning, we will advise you via Email or telephone before any action is taken to provide you with the opportunity to resolve the matter.

Furthermore, WebJockey1 retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Please let us know if you have any questions.

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