Last updated: 2021-10-01

These Terms of Service (the “Agreement”) are an agreement between JCS Internet Solutions or “us” and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by JCS Internet Solutions and of the jcsisp.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

• Privacy Policy
• Acceptable Use Policy
• Anti Spam Policy

Additional terms may also apply to certain Services and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Account Eligibility

By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. JCS Internet Solutions is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the JCS Internet Solutions Billing and Support System. Providing false contact information of any kind may result in the termination of your account. Failure to provide the information requested may result in your order being denied. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

Transfers

Our Transfers Team will make every effort to help you move your website to and from us once we receive conformation and your account are current. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. In no event shall JCS Internet Solutions be held liable for any lost or missing data or files resulting from a transfer to or from JCS Internet Solutions. You are solely responsible for backing up your data in all circumstances.

JCS Internet Solutions Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “jcsisp.com Content”), are the proprietary property of JCS Internet Solutions licensors. JCS Internet Solutions Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any JCS Internet Solutions Content. Any use of JCS Internet Solutions Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any JCS Internet Solutions Content. All rights to use JCS Internet Solutions Content that are not expressly granted in this Agreement are reserved by JCS Internet Solutions and JCS Internet Solutions licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to JCS Internet Solutions that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party. You may not however use your /home/ directory as a location to place backups.  JCS Internet Solutions reserves the right to remove any files that violate this policy under our sole discretion. User’s that violate this policy are subject to immediate suspension and/or termination. Solely for purposes of providing the Services, you hereby grant to JCS Internet Solutions a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, JCS Internet Solutions does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you. JCS Internet Solutions exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through JCS Internet Solutions computers, network hubs and points of presence or the Internet. JCS Internet Solutions does not monitor User Content. However, you acknowledge and agree that JCS Internet Solutions may, but is not obligated to, immediately take any corrective action in JCS Internet Solutions sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that JCS Internet Solutions shall have no liability due to any corrective action that JCS Internet Solutions may take.

Third Party Products and Services

JCS Internet Solutions may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing. JCS Internet Solutions does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. JCS Internet Solutions is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

JCS Internet Solutions as Reseller or Licensor

JCS Internet Solutions may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-JCS Internet Solutions Products”). JCS Internet Solutions shall not be responsible for any changes in the Services that cause any Non-JCS Internet Solutions Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-JCS Internet Solutions Products, either sold, licensed or provided by JCS Internet Solutions to you will not be deemed a breach of JCS Internet Solutions obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-JCS Internet Solutions Product are limited to those rights extended to you by the manufacturer of such Non-JCS Internet Solutions Product. You are entitled to use any Non-JCS Internet Solutions Product supplied by JCS Internet Solutions only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-JCS Internet Solutions Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-JCS Internet Solutions Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned or controlled by JCS Internet Solutions (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Account Security and JCS Internet Solutions Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. JCS Internet Solutions may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. JCS Internet Solutions may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by JCS Internet Solutions of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, JCS Internet Solutions may clean-up your account for an additional fee. JCS Internet Solutions reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

Compatibility with the Services

You agree to cooperate fully with JCS Internet Solutions in connection with JCS Internet Solutions provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, JCS Internet Solutions is not responsible for any delays due to your failure to timely perform your obligations. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by JCS Internet Solutions to provide the Services, which may be changed by JCS Internet Solutions from time to time in our sole discretion. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. JCS Internet Solutions does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal.

Unless otherwise provided, you agree that until and unless you notify JCS Internet Solutions of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services Late Payment. All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, JCS Internet Solutions may suspend or terminate your account and pursue the collection costs incurred by JCS Internet Solutions, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. JCS Internet Solutions will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payments.

It is solely your responsibility to notify JCS Internet Solutions Billing department via a support after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and JCS Internet Solutions is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. JCS Internet Solutions may report any such misuse or fraudulent use, as determined in JCS Internet Solutions sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Invoice Disputes.

You have ninety (30) days to dispute any charge or payment processed by JCS Internet Solutions. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Cancellations and Refunds

Non-refundable Products and Services.

There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software.

Cancellation Process.

You may terminate or cancel the Services by giving JCS Internet Solutions written notice. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) JCS Internet Solutions may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, provided that you are not in breach of this Agreement. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately. We require all cancellations to be done through the online system in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Domains.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify JCS Internet Solutions Billing department via a support to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies.

Exchange rate fluctuations for international payments and are constant and unavoidable. All refunds processed in U.S. dollars will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and JCS Internet Solutions is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

JCS Internet Solutions may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm JCS Internet Solutions or others or cause JCS Internet Solutions or others to incur liability, as determined by JCS Internet Solutions in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, JCS Internet Solutions shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, JCS Internet Solutions may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by JCS Internet Solutions is subject to the terms of this Agreement and the Acceptable Use Policy. Hosting space may only be used for web files, active email and content of User Websites. Hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. JCS Internet Solutions expressly reserves the right to review every account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. JCS Internet Solutions may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of JCS Internet Solutions terms and conditions.

Uptime Guarantee.

If your server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance or failure of third party equipment. Approval of any credit is at the sole discretion of JCS Internet Solutions and may be dependent upon the justification provided.

Price Change

JCS Internet Solutions reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by JCS Internet Solutions through the notices sent or posted by JCS Internet Solutions.

Independent Contractor

JCS Internet Solutions and User are independent contractors and nothing contained in this Agreement places JCS Internet Solutions and User in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Disclaimer

JCS Internet Solutions  shall not be responsible for any damages your business may suffer. JCS Internet Solutions makes no warranties of any kind, expressed or implied for the Services. JCS Internet Solutions disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by JCS Internet Solutions or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. JCS Internet Solutions  is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on JCS Internet Solutions servers.