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
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.
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.
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.
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
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.
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.
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
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.
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 within 48 hours from the due date.
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
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.
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
Shared/Reseller/Dedicated/SHOUTcast/Collocation Accounts - If you wish to cancel
your services, you must contact email@example.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
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.
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 firstname.lastname@example.org 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.