Modification


JWN Media, Inc. reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes JWN Media may reasonably make to this agreement when such changes are made. If you have purchased services or software from JWN Media, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide.

You agree that you will be responsible for notifying JWN Media should you require to terminate your use of JWN Media's services. Notification of your intent to terminate must be provided no earlier than 7 days prior to your billing date.

Privacy

JWN Media, Inc. will not sell, distribute, reveal, or otherwise make available any customer information. We contribute a great amount of time and help to anti-spam organizations and take great pride in IT security. Should we need to contact you directly regarding your specific account or service we will do so via email or Telephone only.


Satisfaction Guaranteed!

30 Day Guarantee Statement
Shared/Reseller and SHOUTcast Accounts

If for any reason you are unhappy with the services you receive from JWN Media during the first 30 days of service, you may request in writing via email or by Telephone (as mentioned below) that your services be discontinued at which time you will receive a full refund. You must also state a detailed reason as to why you are canceling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to if your reason is a valid reason and if all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel.


New Accounts

All new web hosting accounts or SHOUTcast Hosting accounts purchased on our order page are set up within 24 hours by our account administrators. You will receive an email including login details when your account has been successfully setup and payment has been received. Due to unforeseen complications with various mail servers and any connection problems between your ISP and JWN Media, this process may sometimes be delayed.


Domain Names

In order for your domain name to point to the JWN Media network your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- NS*.jaywebdesigns.com and secondary- NS*.jaywebdesigns.com). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you will not be using the same DNS as before.

JWN Media will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. JWN Media does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk or by emailing our support department. If you have any questions at all about DNS changes or domain names in general, please open a ticket at our helpdesk or email our support department


Content

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

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

SHOUTcast Servers

JWN Media takes content streamed off our network via our SHOUTcast Hosting services seriously.  If you are found at fault for streaming indecent content such as racism or prejudice due to color, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate broadcast including terrorist related broadcasts on our network. If we receive notice that there is such a hate broadcast within our network, the customer hosting the material will be notified immediately. They are required to shutdown the stream within a certain time frame or will face account suspension and/or termination.


Liabilities

JWN Media, Inc., makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall JWN Media, Inc. be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department. You may contact our abuse department via email by sending your report to Abuse@jaywebdesigns.com.


Payments and Agreement to Pay

As consideration for the software or services purchased by you and provided to you by JWN Media, you agree to pay JWN Media at the time you order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. JWN Media expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

Shared hosting, reseller hosting, SHOUTcast hosting, dedicated servers and collocation services are all billed on an automatic basis. If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchased the services unless that date falls after the 28th of the month in which case your billing date will be the 28th of each month. If you signed up for an annual (or longer payment plan), JWN Media will automatically renew your services when they come up for renewal and will take payment from the payment method you have on file with JWN Media at JWN Media's then current rates.

If for any reason, JWN Media is unable to charge your payment method for the full amount owed, or if JWN Media is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that JWN Media may peruse all available remedies in order to obtain payment. You agree that among the remedies JWN Media may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that JWN Media shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the account holder for services.

Late Payments

If at any time, your hosting payments become past due, you will receive a notification via email (to the most recently updated email address on file) with instructions on rectifying the situation. Please note that JWN Media holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts are at risk for suspension of service if payment for hosting is not received 10 days after the due date.

Shared/Reseller Accounts 15 days past due will be assessed a $15.00 USD late fee to re-activate service. Dedicated Server Accounts 15 days past due will be assessed a $50.00 USD late fee to re-activate service.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards, debit cards, or PayPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or PayPal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the aforementioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 90 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that JWN Media holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

PLEASE ADDRESS ANY QUESTIONS REGARDING PAYMENTS TO OUR ACCOUNTING DEPARTMENT BY EMAILING Customerservice@jaywebdesigns.com.

Dedicated Servers

Payments are all due on the 1st of every month. They are considered late after the 5th day of the month. Payments past due are subject to a $50 late fee. If the server is suspended, payments are subject to a $75.00 reconnection fee.


Overage Charges

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


Cancellations

Shared/Reseller/Dedicated/SHOUTcast/Collocation Accounts - If you wish to cancel your services, you must contact customerservice@jaywebdesigns.com with your request to cancel your service(s) (7) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of JWN Media staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.


Refunds/Account Termination

If, for any reason, JWN Media fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces JWN Media to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.


Bandwidth Usage Policy

All dedicated and collocated servers are given access to bandwidth graphs which are updated in two minute intervals. These graphs are located in the client access area referred as Bandwidth Monitoring/Server Information. All bandwidth billing is exclusively calculated based on the graphs provided in this section of our monitoring service.

All leased and co-located server plans include a specific continuous allocated data transfer rate. Depending on the plan that you have the bandwidth usage included may vary. For example purposes, a plan with an allocated bandwidth of 1,500 GB of data transfer monthly is equivalent to a transfer rate of 4.5 Mbps in a 30-day calendar month. If your monthly usage exceeds the bandwidth transfer rate of 4.5 Mbps within your monthly billing cycle, you will be billed for overages exceeding 4.5 Mbps based on 95th percentile metering. In accordance to these terms of service, you are liable and agree to pay such overages at the rate of $75.00 per 1 Mbps of bandwidth.

Example:
Bandwidth Allocation 4.5 mbps
Bandwidth used for x month = 5.0 mbps (based 95th percentile metering)
Bandwidth overages = 5.0 mbps - 4.5 mbps = 0.5 mbps
0.5 mbps x $75.00/mbps = $37.50

If you anticipate high bandwidth usage, please contact our sales department via our helpdesk for further information on the availability of other plans with higher bandwidth allocations for lower rates.

Note: For calculation purposes, our accounting system defines one month as 30 days. Based on this definition the rate of 1 Mbps of continuous data transfer in a one month period is approximately 333.33 GB of bandwidth a month.

Further in-depth information on 95th percentile metering may be found on the following site: http://en.wikipedia.org/wiki/Burstable_billing


Reseller Plan Suspensions

In the event a clients reseller plan is suspended all clients hosted under such reseller will also be suspended.  If payment plans are not made within (10) days from time of suspension to customerservice@jaywebdesigns.com an email will be dispatched to all clients under suspended reseller.  This email will contain information on how one of such a resellers clients may make payment on the behalf of such a reseller and restore their website.  If such a client makes payment they will inherit all said clients of such a reseller and thus take control of such a resellers account.  At such point the original reseller forfeits their account and their client data.