ACCEPTABLE USE POLICY & TERMS OF SERVICE
The following is the entire Acceptable User Policy ("AUP") agreement between JERUSAHOST ("JERUSAHOST") and the personal or corporate account holder ("CLIENT/CLIENT'S/Customer"). JERUSAHOST provides Shared Web Hosting, Reseller Web Hosting, Virutal Private Server Hosting (VPS) or Virtual Dedicated Server Hosting (VDS), Dedicated Server Hosting, Domain Name Services, Server Management, & Miscellaneous Website Services including Website Development, Search Engine Optimization (SEO) Internet Marketing, and Graphic Design. JERUSAHOST has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. JERUSAHOST general policy is to act as a provider of Internet presence. JERUSAHOST reserves the rights to suspend or cancel a customer's access to any or all services provided by JERUSAHOST when we decide that the account has been inappropriately used.
SHARED HOSTING
JERUSAHOST shared hosting plans are designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our shared hosting services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. Shared web hosting means that a number of customers' web sites and other email or storage services are hosted from the same server. JERUSAHOST uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or otpromher customers' sites.
(1.) DISK SPACE:
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet the needs of your website but we may place some constraints on how fast an account can grow if we suspect storage abuse . The vast majority of our customers' sites grow at rates well within our rules, but an account upon which abuse constraints have been applied will be temporarily blocked from additional expansion while we evaluate if expansion is appropriate. JERUSAHOST will not tolerate any form of storage space abuse. At least 90% of CLIENT'S web pages ("HTML") must be 'linked' with files (GIF, JPEG, etc.) stored on JERUSAHOST 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 JERUSAHOST Management ("MANAGEMENT"), with or without prior notice. JERUSAHOST will be the sole arbiter as to what constitutes a violation of this provision.
(2.) DATA TRANSFER:
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, bandwidth usage is subject to the account quota, server processing capacity, server memory, and abuse controls which may could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above). The intention of JERUSAHOST is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If CLIENT violate this condition, CLIENT will be notified and given 48 hours to remedy the problem. Failure to do so will result in CLIENT being billed for the overages.
(3.) EMAIL STORAGE:
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. JERUSAHOST will increase your space along with the needs of your business, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
(4.) SERVER RESOURCES
In order to ensure an optimal hosting environment for all users, the follows rules pertaining to use of server resources apply to all shared hosting accounts:
(1.) Maximum CPU and/or RAM usage must not exceed 30% of total for more than 120 seconds. MySQL queries exceeding 20 seconds are not allowed. Cron jobs must be set to run with a frequency greater than 20 minutes.
(2.) Scripts, applications and any processes that run by themselves on the server (server-side) such as IRCD and other "daemons" are strictly prohibited. Similarly, indexing "spiders" are also not allowed.
(3.) Gaming servers, filesharing, bit torrent applications, IRC related software are not allowed on the server.
(5.) PERMISSIONS
CLIENT is responsible for setting permissions on folders and files in CLIENT'S account to prevent against unwanted intrusions, in most cases 755 being the minimum.
RESELLER HOSTING
(1.) It is the responsibility of the reseller to uphold the terms & conditions posted on the JERUSAHOST website and furthermore to verify that the hosting packages and feature set offered are accurate in accordance with the resources available from JERUSAHOST. JERUSAHOST reserves the right to suspend or terminate any reseller account that violates JERUSAHOST terms & conditions.
(2.) The Reseller shall conduct their resold business in accordance with prevailing Israeli & Interenational law.
(3.) Resellers shall indemnify JERUSAHOST against any and all losses suffered by their clients.(4.) The Reseller is responsible for supporting his own clients. Supports requests from JERUSAHOST are limited to server-related issues only and should be accompanied by detailed troubleshooting attempts already performed.
VPS/DEDICATED SERVER HOSTING
Use of Virtual Private Servers (VPS) & Dedicated Servers must comply with Israeli, U.S. & International law as well as the terms & conditions set forth on the jerusahost.com website. Unless otherwise specified, dedicated servers are provided with a 1-year minimum committment, meaning the CLIENT is responsible for the total amount of 12 monthly payment irregardless of whether or not CLIENT utilizes the server for the entire 12 month period. In the event that the CLIENT terminates his service early or use of the service is rendered illegal or breaches JerusaHost policy or international law and, after warning, is terminated by JerusaHost, the CLIENT is nevertheless responsible for completing the remaining monthly payments. Failure to comply will result in legal recourse. Unless server management has been purchased, it is the responsiblity of the CLIENT to maintain security policies on the server that minimize the risk of intrusion and malware. Security breaches that have taken advantage of the server for illicit activity and, upon investigation, resulted from negligence on the part of the CLIENT may be grounds for account suspension or termination. As with shared and reseller accounts, all vps and dedicated server clients are responsible for backing up their data unless a specific backup arrangement has been made through JERUSAHOST. Server reboot request should be directed to support(at)jerusahost.com. In compliance with the regulation of the data center, JERUSAHOST may from time to time, conduct a a security audit of the CLIENT'S server and will request login credentials from the client if the default credentials have been changed.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will likely result in account cancellation. JERUSAHOST 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 CLIENT up to $25 per unsolicited email message sent and delete CLIENT'S 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, 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, CLIENT must not send that person any further messages. NOTE - If CLIENT use the services of another provider to promote a website hosted by or through JERUSAHOST ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
SERVER ABUSE
(1.) Any attempt to undermine or cause harm to a server or customer of JERUSAHOST is strictly prohibited. JERUSAHOST 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 CLIENT, whether or not the attacked account or computer belongs to JERUSAHOST, will result in action against CLIENT. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
(2.) IMPORTANT NOTE- JERUSAHOST 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. (3.) CLIENT may not run IRC, bots or clients on servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content including "adult" content, gambling-related content, pharmaceutical-related content, proselytism, or any illegal or marginal content, content that violates Jewish law ("halacha") as defined by today's major poskim, 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 JERUSAHOST 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. CLIENT are responsible for and should evaluate CLIENT'S web-based applications and scripts on a regular basis to ensure their security and orderliness.
(4.) Hosting accounts containing the following content or have links to the following content may also be terminated : 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 including "adult" content; promoting or providing instructional information about gambling or pharmaceuticals, proselytism, displaying material that exploits children under 18-years of age; content that violates Jewish law ("halacha") as defined by today's major poskim; 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.
(5.) Ultimately CLIENT is responsible for all activity on his account.
DATA BACKUP
Unless CLIENT signs up for a JERUSAHOST backup service, backups are the responsibility of the CLIENT. JERUSAHOST does does not actively monitor the data you upload to your hosting account and assumes absolutely no liability should data loss occur. Simply put, CLIENT'S use of the JERUSAHOST service is at the sole risk of the CLIENT.
As such, JERUSAHOST strongly encourages all of its clients to backup their data regularly. Backups can be done easily for free through the cPanel or Plesk control panels or for a fee using JERUSAHOST's managed backup service. Requests for a backup from delinquent account holders will be denied. Backups can be restored through the CLIENT'S control panel. Restoration of backups is free for subscribers to the JerusaHost managed backup service. Otherwise, the charge for backup restoration by JERUSAHOST is $25 per backup
COPYRIGHTED MATERIAL
It is the responsibility of the CLIENT to verify the legitimacy of all information hosted by JERUSAHOST. This information must comply with all local, provincial, state, and federal regulations and laws governing copyrighted material. Service that is not in accordance with these laws will be revoked. CLIENT may not use JERUSAHOST servers to use uncopyrighted material in any way unless CLIENT has received permission in writing by owner or copyright law allows for this use. Accounts infringing upon copyright will be reviewed on a case by case basis and are subject to suspension or termination at the sole discretion of JERUSAHOST.
PASSWORDS
CLIENT is responsible for maintaining a sufficiently strong password and safeguarding it against unwanted access. CLIENTS whose account passwords are found to be not sufficiently strong will be notified and asked to change their password; in some cases an account may be suspended until the password has been changed.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with JERUSAHOST at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - JERUSAHOST endeavors to have the content of CLIENT'S 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 JERUSAHOST to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via JERUSAHOST's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the posted contact number on the JERUSAHOST website.
JERUSAHOST's administrators will determine the end of the downtime by a traceroute to CLIENT'S machine from outside the JERUSAHOST network.
(3a.) HOSTING CREDITS - In the event that CLIENT'S website is unavailable for less than 100%, JERUSAHOST will credit the following month's service fee as follows. CLIENT'S 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% - CLIENT'S account will be credited 10% of monthly hosting fee
- 90% to 94.9% - CLIENT'S account will be credited 20% of monthly hosting fee
- 89.9% or below - CLIENT'S account will be credited 50% of monthly hosting fee
(4.) RESTRICTIONS - Credit shall not be provided to CLIENT in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at JERUSAHOST,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond JERUSAHOST'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 web site,
- CLIENT breaking any agreement policy in JERUSAHOST's "Terms & Conditions and AUP" causing a machine to fail as a result.
FREE SITE TRANSFERS FOR NEW CLIENTS
JERUSAHOST will transfer an existing website at no charge for a new CLIENT coming from another hosting provider within the first 30 days of signup with JerusaHost. The transfer includes all files and up to 3 databases. Email addresses and other configurations like forwarders, spam settings, cron jobs, etc. are not included in the transfer, nor are adjustments to source code for database connections, etc. Programming work may be purchased separately at the current hourly rate posted on the jerusahost.com website. Free transfers is limited to 1 website for shared hosting plans and up to 5 websites for reseller hosting plans. Additional website transfers may be purchased separately according to the current rates posted on the jerusahost.com website.
TECHNICAL SUPPORT BOUNDARIES
JERUSAHOST provides technical support for CLIENT that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel or Plesk control panel interfaces, servers within our immediate responsibility and any other hosting related issues. However, in under no circumstances is JERUSAHOST neither obligated to help CLIENT 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 CLIENT previously. We will only provide assistance in making sure any auto-install 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. CLIENT are free to use any CGI scripts CLIENT 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 CLIENT to install CLIENT'S own chat rooms within a shared hosting account, without approving it with JERUSAHOST. 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
JERUSAHOST provides special file-servers in our network infrastructure for CLIENT'S benefit as a means of storage for electronic files and applications that are not dynamically generated and are 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 web-servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within JERUSAHOST'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 CLIENT'S account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. CLIENT are advised to have CLIENT'S own backup locally or elsewhere other than within the JERUSAHOST's servers. If CLIENT are found to not adhere to this Policy, the offending material(s) will be deleted from CLIENT'S hosting account without any prior notice. This service is only available for JERUSAHOST's SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE
We do not allow CLIENT to send outbound mail 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 filesize of 20MB per email message. If CLIENT violate JERUSAHOST policies persistently in email activities, CLIENT'S 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-to-one 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. CLIENT 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.
(1.) The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.
(2.) All accounts are set up on a pre-pay basis, that is payment must be made in full up front. In the event that the service purchased is not available at the time of purchase, the billing period will be extended by the amount of time between signup date and the date services began.
(3.) Any setup fees involved are are non-refundable. All pricing is guaranteed for the term of pre-payment. JERUSAHOST 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, late fees and service restore fees (see section below titled "Late Fees And Service Re-Activation Fees"). CLIENT is responsible for all fees owed on the account from the time it was established to the time CLIENT requested from JERUSAHOST termination of services or to the end of the contract term if contract is applicable (dedicated servers, virtual servers, custom configurations or other services as agreed upon). All payment is in the selected currency. JERUSAHOST will bill each client the equivalent of $50 per returned check, per wire transfer received and per credit card chargeback received.
(4.) Accepted payment methods are as follows: Credit Card, PayPal, Check, Money Order, Wire Transfer, Electronic Bank Transfer. Checks must be sent directly to the address listed on the CLIENT invoice and include the account number for deposit and CLIENT'S invoice number.
LATE FEES & SERVICE RE-ACTIVATION FEES
Late payment beyond the due date noted for the particular service in the client's JerusaHost Client Area will incur a penalty based on type of service:
- Shared Hosting Account: $10
- Reseller Hosting Account: $25
- VPS & Dedicated Server Account: $75
- Shared & Reseller Hosting Account: $10
- VPS Account: $25
- Dedicated Server Account: $50
BILLING CYCLES
JERUSAHOST offers the following billing cycles: Trienniel, Bienniel, Annual, Semi-annual, Quarterly, and Monthly. CLIENT'S particular billing cycle corresponds to the contract length that was initially chosen at setup. CLIENT'S 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, it is not possible to change to a shorter billing cycle during a current cycle. Please contact the billing department at support(at)jerusahost.com should you wish to change your anniversary billing cycle.
CANCELLATION AND REFUSAL OF SERVICE
JERUSAHOST reserves the right to cancel a service or refuse service at any time. All fees paid in advance of cancellation will be refunded within a 72 hour period at the discretion JERUSAHOST. Any violation of policies which results in extra costs (i.e. transfer, space etc.) will billed to CLIENT. All account cancellations must be submitted to support(at)jerusahost.com. Phone or email requests do not constitute acceptance of any cancellation.
30-DAY MONEY BACK GUARANTEE
All of JERUSAHOST's shared hosting plans are backed by a 30-day money back guarantee. If CLIENT is not completely satisfied with our services or support within the first 30 days of CLIENT'S contract, CLIENT will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees, others fees relating to website work and overages. Setup fees are refundable only if the account order is cancelled prior to account activation. If CLIENT cancels, the full contract amount less any setup fees and overages will be refunded if JERUSAHOST is notified within the first 30 days following activation. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, RAM, domain registration fees, website work etc. This policy does not apply if account is terminated by JERUSAHOST due to server abuse as outlined in the "SERVER ABUSE" section above. Refunds to Customers using wire transfers will be issued via PayPal, check or bank transfer.
PROMOTIONS, COUPONS, DISCOUNTS & SPECIAL OFFERS
JERUSAHOST may offer promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for CLIENT'S Services. Any such promotions or modifications shall not affect CLIENT'S 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. Unless otherwise specified, promotions are valid for a period of 3 months, after which they are no longer valid. This applies to promotions on hosting plans as well as service-oriented promotions. Any promotion that has not been redeemed in full after three months is void and any services included in the promotion will be billable according to the current JERUSAHOST pricing schedule.
AFFILIATE PROGRAM
The JERUSAHOST affiliate program is ideal for webmasters, web designers, affiliate marketers, and the like who wish to earn a competitive referral commission by referring customers to JERUSAHOST web hosting services without having to support the customers directly. Participation in JERUSAHOST's affiliate program is initated by filling out the JERUSAHOST registration form and clicking the "Activate Affiliate Account" button from the Affiliates section of the JERUSAHOST client area. Referral credit is automatically applied to an affiliate's account when a client signs up with JERUSAHOST via the affiliate's unique tracking link. In the case that referee does not signup through affilate link, it is the responsibility of the affiliate to notify JERUSAHOST of the referral in writing within 30 days of client signing up. Payments are made 30 days after the client's sign-up date once affiliate account balance reaches $10. Current affiliate commission schedule is as follows:
- 1-5 referrals - 10%
- 6-10 referrals - 15%
- 11-20 referrals - 20%
- 21-50 referrals - 25%
- 51-100 referrals - 30%
- 100+ referrals - custom rate
Above schedule is subject to change at any time. Affiliate commissions are paid on eligible JERUSAHOST shared and reseller web hosting plans. Domain name registrations and transfers are not eligible for affiliate commissions.
INTELLECTUAL PROPERTY RIGHTS
Material accessible to you through JERUSAHOST's services may be subject to protection under Israeli, United States, International, or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, CLIENT must not use JERUSAHOST 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 JERUSAHOST network. If CLIENT use a domain name in connection with JERUSAHOST or similar service, CLIENT 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 JERUSAHOST 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 CLIENT, logging into a server or account CLIENT are not expressly authorized to access, password cracking, probing the security of other networks for security holes, or violation of any other organization's security policy. CLIENT 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 crash a host or network. JERUSAHOST 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
CLIENT will be solely responsible for the development, operation and maintenance of CLIENT'S online store and products along with all content and materials appearing online or on CLIENT'S products, including without limitation: (a.) the accuracy and appropriateness of content and materials appearing within the store or related to CLIENT'S products, (b.) ensuring that the content and materials appearing within the store or related to CLIENT'S 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 CLIENT'S products are not libelous or otherwise illegal. CLIENT will be solely responsible for the final calculation and application of shipping and sales tax. CLIENT will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. CLIENT are also responsible for the security of any customer credit card numbers and related customer information CLIENT may access as a result of conducting electronic commerce transactions through CLIENT'S website. Such information must be collected and stored with compliancy to current regulations governing the collection and storage of confidential information.
STATIC & DYNAMIC CONTENT CACHING}
CLIENT expressly (i) grant to JERUSAHOST a license to cache the entirety of CLIENT'S website, including content supplied by third parties, hosted by JERUSAHOST under this Agreement and
(ii) agree that such caching is not an infringement of any of CLIENT'S intellectual property rights or any third party's intellectual property rights.
IP ADDRESS OWNERSHIP
JERUSAHOST shall maintain and control ownership of all IP numbers and addresses that may be assigned to CLIENT by JERUSAHOST. JERUSAHOST reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
DOMAIN NAME REGISTRATION
(1.) CLIENT agree to pay JERUSAHOST prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the JERUSAHOST price schedule for the initial registration of the domain name and, should CLIENT choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if CLIENT'S domain name registration is suspended, cancelled or transferred prior to the end of CLIENT'S then current registration term. JERUSAHOST reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. CLIENT'S requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed CLIENT'S registration in an email from JERUSAHOST to the email address indicated in CLIENT'S registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by JERUSAHOST) in connection with the payments of the registration fee for CLIENT'S domain name registration, CLIENT agrees and acknowledges that the domain name registration shall be transferred to JERUSAHOST 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. JERUSAHOST will reinstate CLIENT'S domain name registration solely at JERUSAHOST discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
(2.)TRANSFERRING DOMAIN REGISTER TO JERUSAHOST
CLIENT agrees to pay JERUSAHOST prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the JERUSAHOST price schedule for the initial transfer request of the domain name. CLIENT 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 JERUSAHOST reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. CLIENT'S requested domain name will not be
registered unless and until we receive actual payment of the registration fee, and have confirmed CLIENT'S registration in an email from JERUSAHOST to the email address indicated in CLIENT'S registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by JERUSAHOST) in connection with the payments of the registration fee for CLIENT'S domain name registration, CLIENT agrees and acknowledges that the domain name registration shall be transferred to JERUSAHOST 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. JERUSAHOST will reinstate CLIENT'S domain name registration solely at JERUSAHOST discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
(3.)TRANSFERRING DOMAIN REGISTER AWAY FROM JERUSAHOST
JERUSAHOST 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 CLIENT agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and JERUSAHOST will not be held liable for the failure of a domain name transfer for any reason.
LAWFUL PURPOSE
JERUSAHOST reserves the right to refuse service to anyone. CLIENT may only use JERUSAHOST servers 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. Anything deemed illegal by Israeli, U.S. Or International law, 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 JERUSAHOST management. If illegal content or usage is found, the account will be suspended and/or terminated. CLIENT agree that JERUSAHOST may disclose any and all CLIENT'S 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, CLIENT agree that for purposes of venue this contract is entered in The State of Israel and any dispute will be litigated or arbitrated in The State of Israel. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Israeli courts.
IN NO EVENT SHALL JERUSAHOST'S MAXIMUM LIABILITY EXCEED THE EQUIVALENT OF FIVE HUNDRED ($500.00) DOLLARS.
INDEMNIFICATION
CLIENT AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD JERUSAHOST HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST JERUSAHOST, 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 CLIENT, CLIENT'S AGENTS, EMPLOYEES OR ASSIGNS. CLIENT AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS JERUSAHOST AGAINST LIABILITIES ARISING OUT OF:
- ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH JERUSAHOST'S SERVER.
- ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
- COPYRIGHT INFRINGEMENT AND
- ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM JERUSAHOST'S SERVER.
DISCLAIMER
JERUSAHOST WILL NOT BE RESPONSIBLE FOR ANY DAMAGES CLIENT'S BUSINESS MAY SUFFER. JERUSAHOST MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. JERUSAHOST 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 JERUSAHOST AND ITS EMPLOYEES. JERUSAHOST RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF JERUSAHOST MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.
PRIVACY STATEMENT
JERUSAHOST follows the strict guidelines of our customer privacy statement. Please read our privacy policy here.
CHANGES IN TERMS & CONDITIONS
We will post any changes to these terms & conditions on the JERUSAHOST home page, blog, or other places we deem appropriate so that you are aware of the changes. We reserve the right to modify these terms & conditions at any time, so please review them frequently. If we make material changes to these terms & conditions, we will notify you here, by email, by means of a notice on our home page and/or blog.
Please direct questions regarding the above terms & conditions to info(at)jerusahost.com.