,JacksonvilleNetwork.com  HostingJacksonville.com  and HostJax.com. TERMS OF SERVICE

THIS AGREEMENT BETWEEN HostingJacksonville.. (hereinafter referred to as "HostJax") and Account Holder (hereinafter referred to as "User")

WHEREAS HostJax provides the service (the "Service") of hosting World-Wide-Web sites in exchange for the right to place advertisements on the free hosted Web sites or in the alternative, in exchange for valuable consideration by the User;

AND WHEREAS User desires to subscribe to the Service on the terms and conditions contained herein;

NOW THEREFORE in consideration of the mutual covenants and agreements contained in this Agreement and other good and valuable consideration (the receipt and sufficiency of which are hereby irrevocably acknowledged by the parties) HostJax and User agree as follows:

1.     The Service. HostJax agrees to provide User with storage space on the HostJax server for the purpose of hosting a world-wide-web site (the "Site") in the prescribed amount of:

1. in the instance of the HostJax FREE HOSTING PLAN, 5 mega-bytes (MB);
2. in the instance of the HostJax PLUS PLAN, 50 MB;
3. in the instance of the HostJax ADVANTAGE PLAN 100 MB; or
4. in the instance of the HostJax BASIC PLAN, 25 MB.

2.     Advertisements. In the instance of the HostJax FREE HOSTING PLAN, User agrees that HostJax has the right to place banner advertisement at the top of each of page on the Site. Advertisements may also appear in a pop-up window. User agrees:

1. not to remove, modify or interfere with the display of these advertisements in any way;
2. to display the advertisements in their original form at all time; and
3. that HostJax has the right to include traffic from the Site when accounting for total HostJax traffic.

3.     Limitations. The Service is subject to the following limitations:

1. File Size. In the instance of the HostJax FREE HOSTING PLAN, files larger than 256 kilobytes are not permitted on the HostJax servers,
2. CPU Resources. User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU.
3. File Types. In the instance of the HostJax FREE HOSTING PLAN™, User shall not host multi-media file types, including but not limited to MP3, Mpeg, AVI, Real Audio, Real Video, Quick Time, Windows Media and / or PDF files. User shall also not host executable binaries and / or compressed file types including but not limited to .EXE, .ZIP, .TAR, .RAR, .GZIP;
4. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following:

   i. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;

   ii. nudity or pornography;

   iii. in the instance of the HostJax FREE HOSTING PLAN, password restricted pages that are not available to the entire Internet community at large;

   iv. content that exploits children under 18 years of age;

   v. hate propaganda;

   vi. racist, threatening, or otherwise abusive content;

   vii. the promotion or incitement of, or instruction for, the commission of illegal activities;

   viii. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;

   ix. content promoted through the sending of unsolicited e-mail (also known as spamming);

   x. sending of unsolicited e-mail (spam) from the HostJax server, or any other server that refers to content on the HostJax server, or sending such e-mail with a HostJax' hosted Web site listed as the contact address;

   xi. warez, cracks, hacks, spam software & their associated utilities;

   xii. in the instance of the HostJax FREE HOSTING PLAN, mpeg layer two or three files (MP2 or MP3);

   xiii. information or other material that contains a virus, corrupted data or any other harmful or damaging component;

   xiv. in the instance of the HostJax FREE HOSTING PLAN, storage of log files on non-html content;

   xv. in the instance of the HostJax FREE HOSTING PLAN, any use of space that does not allow, or interferes with, the display of advertising;

   xvi. in the instance of the HostJax FREE HOSTING PLAN, any binary files that are not linked to an html page on the Site;

   xvii. in the instance of the HostJax FREE HOSTING PLAN, any links from other providers' web pages to user's Site that do not first link to an html page on HostJax.

5. Idem. User agrees that HostJax is not responsible for content on pages hosted on member sites and acknowledges that HostJax does not endorse or verify any such material;
6. Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site;
7. Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site;
8. Notice to Officials. If HostJax determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that HostJax may provide copies of User's web pages to the appropriate officials without notice to user. HostJax will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
9. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by HostJax anywhere on the site www.hostjax.com;
10. Bandwidth. USER agrees to be bound by the following restrictions pertaining to allowable bandwidth data transfer on a per-month basis; 
    
    a. In the instance of the HostJax FREE HOSTING PLAN, 100 megs per month, with a maximum limit of 10 megabytes (MB) per day; 
    
    b. In the instance of the HostJax PLUS PLAN, 500 megs per month; 
    
    c. In the instance of the HostJax ADVANTAGE PLAN, 1 GB per month; 
    
    d. In the instance of the HostJax BASIC PLAN, 250 megs per month;
    
    In the instance of the HostJax FREE HOSTING PLAN where USER exceeds either the daily or monthly bandwidth limit, an automated e-mail notification will be sent to USER informing USER that USER's bandwidth limit has been reached; a default HostJax page will appear on USER's Web site with notice that the site is temporarily unavailable. In the instance of the daily bandwidth limit being exceeded, USER's Web site will be reactivated the following day at 4 am Eastern Standard Time (EST). In the instance of the monthly bandwidth limit being exceeded, USER's Web site will be reactivated the 1st day of the following month at 4 am EST. If USER upgrades to any HostJax paid hosting plan, USER's Web site will be immediately reactivated. In the instance of HostJax paid plans (i.e. HostJax PLUS PLAN™, HostJax ADVANTAGE PLAN and HostJax BASIC PLAN) where USER exceeds the bandwidth limit, the HostJax accounting department will contact USER and offer USER the option to either upgrade USER's plan or reduce bandwidth usage. HostJax will reasonably cooperate with USER in such instances. However, if USER refuses to either upgrade USER's plan or reduce bandwidth usage, HostJax will have the right to deactivate USER's Web site with no compensation to USER.
    
    
11. CGI Usage. In the instance of the HostJax FREE HOSTING PLAN, custom CGI scripts are not allowed

4.     In the instance of HostJax WEB MAIL, the following provisions apply:

1. Responsibility of the User. User is solely responsible for the content of their e-mail messages. User is not permitted to transmit messages on the E-mail service that (a) infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy; (b) violate any law, statute, ordinance or regulation; (c) are defamatory, trade libelous, threatening, abusive, or obscene in the opinion of HostJax; (d) contain viruses or other similar harmful or deleterious programming routines; (e) contain links to any sites that include any of that kind of content; or (f) refer to or contain any matter referred to in paragraph 3d of this Agreement.;
2. Account Size. User's email box may store no more than 5 (five) MB of email. When User's account approaches the maximum email box size, HostJax shall notify User by email that User's account is approaching full capacity. If User does not subsequently delete email box contents to reduce email box size, then any further emails sent to User which results in User's email box exceeding maximum capacity will be returned to sender without notice to User.
3. Spamming is Prohibited. HostJax will determine in its sole discretion whether any of the messages sent by User are considered as being spam. Spamming generally includes sending any form of email that can be interpreted as junk email or bulk email that the recipient has not specifically requested from User. HostJax reserves the right to take legal and technical remedies to prevent User from sending spam. If User is found to be sending spam, User's account may be terminated without notice;
4. Privacy of User's Mailbox. HostJax considers User's registration data and the content of all User's messages to be private. Messages that User sends will be received with User's name and Internet Protocol (IP) address contained within the header of the e-mail message. HostJax will not intentionally monitor or disclose any of User's email messages or registration data unless HostJax believes in good faith that HostJax is required to do so (i) to enforce these Terms of Service, (ii) by law, (iii) to defend HostJax in any action, or (iv) to protect HostJax property. Additionally, User must agree to respect the privacy and confidentiality of others. Since privacy is, in part, a function of User's passwords, HostJax encourages user to change passwords frequently and to not share them with anyone;
5. Privacy of your Registration Data. User understands that the E-mail services may be supported by advertising and HostJax will disclose statistics about our aggregate registration information in connection with our marketing activities;
6. Registration Data. User agrees to provide HostJax with current, complete, and accurate registration information in the registration process and to maintain and update registration information as necessary to keep it current, complete and accurate;
7. Personal Use. User agrees to be fully liable for the use of User's mailbox, including any unauthorized use of mailbox by a third party. User agrees to notify HostJax immediately if User becomes aware of any unauthorized use of mailbox;
8. E-mail Retention. User must remember to check their mailbox for messages frequently. All email that User receives in their mailbox that is not opened for more than 60 (sixty) days will be deleted and unrecoverable;
9. Mailbox Activity. User must remember to login to the E-mail service frequently. If User has not logged in to their mailbox for a period of more than 60 (sixty) days60 (sixty) days, unless otherwise specified, HostJax may classify User's mailbox as inactive. HostJax may delete any existing mail, whether it is opened or not, in User's mailbox if mailbox is inactive. In addition, HostJax may return incoming mail as "undeliverable" if User's mailbox is inactive. During any time period when User is subscribing to the HostJax premium service offerings (HostJax PLUS PLAN, HostJax ADVANTAGE PLAN or HostJax BASIC PLAN), HostJax will not classify User's mailbox as inactive, and account will not be deleted;
10. Cancellation of Mailbox. If User's mailbox is cancelled by User or by HostJax, all email, including any attachments will automatically be deleted;
11. Proprietary Rights. User agrees and acknowledges that they may not upload, post, reproduce, or distribute any content on or through the E-mail service that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject User to personal liability or criminal prosecution.
12. Outgoing e-mail. In the instance of the HostJax  HOSTING PLANS, USER is restricted to e-mailing a maximum of 100 messages per day. Where USER exceeds this daily limit, outgoing USER e-mail will be suspended indefinitely, and USER must contact the HostJax Support Department to reinstate USER's e-mail account. The Support Department can be reached on our contact us page

5.     Amendments. User agrees to be bound by any amendments to this Agreement that are set out, from time to time, by HostJax anywhere on the site hostingjacksonville.com .

6.     No Representations or Warranties. The Service is offered on an "as is" basis without any representations or warranties of any kind either expressed or implied. For greater certainty and without limitation to the generality of the foregoing:

1. HostJax makes no representations, warranties or guarantees of any kind whether written or verbal regarding the reliability of the Site provided or any other services offered;
2. HostJax is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons;
3. HostJax makes no representations, warranties or guarantees with regards to server reliability, speed or consistency;
4. HostJax makes no representations, warranties or guarantees as to the accurateness or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
5. HostJax may link to or include on its Web resources, information provided by third party partners and providers. HostJax does not guarantee or warrant the reliability of this information nor does HostJax recommend any of these services;
6. User expressly agrees that use of the E-mail service is at their sole risk. The E-mail services are provided on an "as is" and "as available" basis. HostJax may change the features or functionality of the E-mail services at any time, in our sole discretion. HostJax expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
7. HostJax makes no warranty the E-mail services will meet User's requirements, or that the E-mail services will be uninterrupted, timely, secure, or error free; nor does HostJax make any warranty as to the results that may be obtained through the E-mail service or that defects in the software will be corrected;
8. User understands and agrees any material and/or data downloaded or otherwise obtained through the use of the E-mail service is done at their own discretion and risk and User will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data;
9. HostJax makes no warranty regarding any goods or services purchased or obtained through the E-mail service or any transactions entered into through the E-mail service; and
10. No advice or information, whether oral or written, which User obtains from HostJax or through the E-mail services shall create any warranty not expressly made herein.

7.     Limitation of Liability. HostJax is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the HostJax server; or losses or damages arising from the use of the content or services provided by HostJax. For greater certainty and without limitation to the generality of the foregoing:

1. HostJax liability to User for actual damages for any cause whatsoever, regardless of the form of action will be limited to a maximum of the fees paid by User to HostJax, if any, for the prior 12 months;
2. in no event will HostJax be liable to User for any indirect, incidental, or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to User;
3. HostJax, its officers, directors, owners, agents and employees, shall in no way be liable to User or anyone else for any loss or injury resulting from use of the Service or the Site;
4. in no event shall HostJax be liable for any damages, whatsoever, as a result of the notifying of any official of potentially illegal content on the Site, providing copies of User's said Site to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct;
5. In no event shall HostJax be liable for any damages, whatsoever, as a result of the termination of this Agreement pursuant to Article 8.

8.     Indemnity. User agrees to indemnify and hold HostJax harmless from and against, and to reimburse HostJax with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees and costs of investigation) or every nature whatsoever incurred by HostJax by reason of or arising out of or in connection with (i) any breach of this Agreement by User; (ii) any infringement of any copyright, trade-mark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; or (iv) illegal, libelous, or defamatory content on the Site.

9.     Termination.

1. Either HostJax or User may terminate this Agreement at any time upon providing five business days prior notice to the other party.
2. HostJax may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:

   i. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by HostJax anywhere on the site www.hostjax.com;

   User engages in conduct or posts material on the Site that HostJax in its sole discretion believes is harmful to other Users, the business of HostJax or any third-party;

   iii. in the instance of the HostJax FREE HOSTING PLAN, there is no activity such as hits or edits on the Site for 60 days;

   iv. in the instance of the HostJax FREE HOSTING PLAN, User deletes, modifies or interferes with the display of advertisements by HostJax on the Site;

   v. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the HostJax server;

   vi. User disputes the terms of this Agreement or any amendment set out, from time to time, by HostJax anywhere on the site www.hostjax.com

   vii. HostJax receives any complaints regarding User or the Site from any other Users or third parties.

3. In the instance of HostJax premium services, namely, HostJax PLUS PLAN, HostJax ADVANTAGE PLAN and HostJax BASIC PLAN, the following conditions apply where this Agreement is terminated by User:

   i. All premium service packages are subject to an unconditional 30 (thirty) day money-back guarantee. Any premium service package cancelled within 30 (thirty) days of activation will be refunded in full less a $10 USD (ten U.S. dollars) set-up fee and any additional shipping and handling charges;

   ii. Where User elects to receive software associated with any of the HostJax premium services, said software must be returned to HostJax unopened and in its entirety before any refund will be issued. If software has been opened or is otherwise incomplete, User will not receive any refund;

   iii. The refund policy described in sub-paragraphs c.i. and c.ii. does not apply to any additional services including but not limited to domain name registration, domain name pointing, additional e-mail accounts, additional disk storage space or additional data transfer;

   iv. All requests for cancellation must be sent in writing by facsimile or post to the head office of HostJax. Receipt of such request will be confirmed by HostJax;

   v. Cancellation requests made by telephone or e-mail will not be accepted by HostJax; and

   vi. Any account cancelled or deactivated for violation of any term of this Agreement is not eligible for refund as described in paragraph 9c.

4. Following termination of this Agreement, for any reason, User agrees not to use the Service or the Site in any manner or for any reason.

10.     Assignability. This Agreement is assignable to a third party by HostJax, with notice to User. Such notice shall be made known on the Web site http://www.hostjax.com.

11.     General.

1. Consent to Breach Not Waiver. No term or provision of this Agreement is deemed waived and no breach excused, unless the waiver or consent is in writing and signed by the party claiming to have waived or consented. Any consent by any party to, or waiver of, a breach by the other, whether expressed or implied, does not constitute a consent to, waiver of, or excuse for, any other different or subsequent breach.
2. Governing Law. This Agreement is governed by and construed in accordance with the applicable laws of the State of Florida and the federal laws of USA and is treated in all respects as a US contract.
3. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable, all other provisions will nevertheless continue in full force and effect.
4. Entire Agreement. This Agreement, together with all policies, guidelines and amendments set out, from time to time, by HostJax anywhere on the site HostJax constitutes the entire agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous negotiations, proposals, commitments, writings and understandings of any nature whatsoever, whether oral or written.
5. Survival. Any terms and conditions of this Agreement which by their nature extend beyond the term or expiry of this Agreement shall survive the termination or expiry of this Agreement. This includes, without limitation, Article 6 (No Representations or Warranties), Article 7 (Limitation of Liability), Article 8 (Indemnity), Article 10 (Assignability) and this Article 11 (General).
6. Headings. The headings and captions used in this Agreement are inserted only as a matter of convenience and for reference and in no way are to be construed as defining, limiting, or describing the scope or intent of this Agreement.
7. Remedies Cumulative. Unless otherwise set out in this Agreement the rights and remedies granted to each party under this Agreement are cumulative and are in addition to each party's rights provided by law or otherwise. Each party may exercise its rights concurrently or separately. The exercise of one remedy is not deemed an exclusive election of that remedy, nor does it preclude the exercise of any other remedy.
8. Counterparts or Electronic Acceptance. This Agreement may be executed in counterparts, each of which is deemed to be an original and all of which together are deemed to be one and the same instrument, or may be executed by indicating assent through electronic means.

12.     Right to Refuse Service. HostJax reserves the right to refuse services to any User in the event that User does not abide by the provisions set out in this Agreement. If HostJax deems the User to be a hindrance on business, the User will be "blacklisted" and HostJax will not in the future, provide any services to User. In any such event, HostJax will give User 15 (fifteen) Calendar days notice to find another provider for their web hosting needs.

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