I. Terms of Service of JetHost
1. Introduction and acceptance of Terms
1.1 Service provider information
As used in these terms of service (these “Terms”), “JetHost”, hereinafter referred to as “we,” “us,” or “our” refers to JetHost Inc., mailing address: 16192 Coastal Highway, Lewes, DE 19958, United States.
1.2 Service overview
JetHost provides web hosting services, domain registration and transfer, SSL certificates, AI website builder, WordPress support and maintenance, and such other services as may be offered from time to time on the website located at jethost.com (the “Services” and, such website, the “Site”).
1.3 Acceptance of Terms
By accessing and using our Services, you (the “User” or “you”) agree to be bound by these Terms, including our Acceptable Use Policy, Cookies Policy, Password Reset Policy and Privacy Policy which are incorporated by reference into these Terms, and form a legally binding agreement between you and “JetHost”. If you do not agree to these Terms, you must not access or use our Services.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 12) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.4 Amendment of Terms
We reserve the right to amend these Terms at any time. We will notify you of any changes by posting the new Terms on the Site. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
1.5 Legal capacity
You affirm that you are either more than 18 years of age or possess legal parental or guardian consent to enter into these Terms, and to comply with these Terms. You also affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
1.6 Users of the services
For the purposes of these Terms of Service, the term “User” or “You” refers to any individual or entity that accesses or uses the Services, including but not limited to:
- Individuals acting on their own behalf or as representatives of other individuals.
- Legal entities, including, but not limited to, companies, associations, organizations, or other entities that act through their authorized representatives or employees.
1.7 Modification of service prices
1.7.1 JetHost reserves the right to modify the prices of the subscription plans and Services offered at any time. Such modifications will be effective immediately upon posting the updated prices on the Site or upon notifying You directly. The following conditions apply:
1.7.2 Notification: You will be notified of any price changes at least 30 days before the new prices take effect, allowing You to make informed decisions regarding your subscriptions.
1.7.3 Agreement to changes: Continued use of JetHost services after the price change comes into effect constitutes the User’s agreement to the new pricing structure.
1.7.4 Fixed-term subscriptions: For Users with fixed-term subscriptions (e.g., annual plans), the new prices will not affect the current term of their subscription but will apply upon renewal.
1.7.5 Cancellation rights: Users have the right to cancel their subscription before the new prices take effect if they do not agree with the changes.
1.7.6 Special offers: JetHost may, at its discretion, provide special promotional pricing or discounts, which will be subject to the terms and conditions of each offer.
2. Accounts and Subscriptions
2.1 Accounts.
2.1.1 Account Creation. In order to use the Services, you must register an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Failure to maintain accurate and current registration data may constitute a material breach of this Agreement and may result in the suspension or termination of the Service, at JetHost’s sole discretion.
2.1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account as well as all charges incurred therewith. You agree to immediately notify JetHost of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. JetHost cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2.2 Service plans and subscription.
JetHost provides its Services to Users primarily through subscription hosting plans available on the Site. You can subscribe to services by selecting a subscription plan that best fits your needs. By providing Your details and clicking the button to place an order, You hereby represent and warrant that You have carefully reviewed, understand, and agree to be bound by the entirety of these Terms. Your submission of information and subsequent action of clicking the order button constitutes Your unequivocal and unconditional acceptance of these Terms, and You further agree to fully comply with and be bound by all provisions contained therein.
3. User Rights and Responsibilities Regarding Service Access and Use
3.1 Limited License. Subject to these Terms, JetHost grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the limitations of Your subscription plan for the Service. The rights granted to you in these Terms are subject to the restrictions set in this Section 3.
3.2 As part of the Services, JetHost grants You access to an administrative panel for remote management of the Service. Your right to manage the Service is exclusively through the administrative panel provided by JetHost, contingent upon proper authentication via Your designated username and password. You are granted remote access solely to Your allocated space and resources within JetHost’s server infrastructure.
3.3 As part of the Services, You are authorized to share information by uploading it within Your designated space and resources on a JetHost server connected to the Internet, in accordance with the specifications of Your subscription plan for the Service.
3.4 You are authorized to publish information within Your allocated space and utilize the resources within JetHost’s server infrastructure through the use of specialized software, provided that such use does not disrupt the server’s functionality, security, or violate these Terms.
3.5 JetHost provides You with the option to utilize a private email service, subject to the limitations and specifications of Your subscription plan.
3.6 You shall utilize the Services in good faith and for their intended purpose, in compliance with these Terms and within the limitations of Your then-current subscription plan.
3.7 In Your use of the Services, You are strictly prohibited from employing any software, scripts, programming languages, or other technologies that may impede or impair the ability of other customers to effectively use the Services.
3.8 You shall employ technologies and develop Your websites in a manner consistent with contemporary standards for security, functionality, restrictions on the provision of hosting resources to third parties, and efficiency. Websites developed by You using the Services shall not generate server loads exceeding normal and industry-standard consumption levels for shared hosting services, as defined by Your then-current subscription plan for the Service.
3.9 Email Use and Anti-Spam Policy
3.9.1 Email Services Provision
As part of the hosting services provided by JetHost, you are authorized to create email accounts and utilize email services for the transmission and receipt of electronic mail. These email services shall not be employed for email marketing campaigns or related activities. As part of the hosting services provided by JetHost, you are authorized to create email accounts and utilize email services for the transmission and receipt of electronic mail. These email services are intended exclusively for personal, non-commercial use, and shall not be employed for email marketing campaigns or related activities.
3.9.2 Prohibition of Spam
JetHost maintains a strict zero-tolerance policy regarding the transmission of spam (Anti-Spam Policy). JetHost employs comprehensive traffic monitoring of all data transmitted to and from its web servers to detect and prevent spamming activities. For the purposes of this policy, “spam” is defined as the transmission of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE), or Unsolicited Facsimiles (Fax), which constitute electronic or facsimile communications sent to recipients for advertising or other purposes without obtaining prior, affirmative, and verifiable consent. Commercial advertising and/or bulk electronic or facsimile communications may only be transmitted to recipients who have expressly “opted-in” to receive such communications. All such communications must include a valid return address, a reply-to address, the sender’s physical postal address, and a clear and conspicuous method for recipients to opt-out of future communications, located within the footer of the email or facsimile. JetHost reserves the right to request and receive conclusive proof of opt-in consent for any email address or facsimile number.
3.10 Compliance with Laws and Regulations
Utilization of JetHost’s products and services is contingent upon adherence to all applicable federal, state, and local laws and regulations, as well as strict compliance with the Anti-Spam Policy.
3.11 Enforcement and remedies
In the event that JetHost determines, in its sole and absolute discretion, that services are being utilized in connection with the transmission of spam, JetHost may, without prior notice, redirect, suspend, or terminate any website hosting, email accounts, or other applicable services.
3.12 Termination of Account
You agree that JetHost may immediately terminate any account that JetHost, in its sole and absolute discretion, believes is transmitting or is otherwise associated with spam or other unsolicited bulk electronic communications.
3.13 Ownership
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by JetHost or its suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.1. JetHost and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4. Allocation of Risk and Responsibility for User Content
4.1 You expressly acknowledge and agree that, at all times, You are solely responsible for your User Content (as defined below) and You bear the entire risk of any loss of or damage to your User Content. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 5). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by JetHost. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
4.2 Without limiting the foregoing, You shall have the sole and exclusive responsibility for implementing and maintaining measures to:
- Prevent any loss or damage to Your User Content,
- Maintain independent archival and backup copies of Your User Content, separate and apart from any backups maintained by the service provider, and
- Ensure the security, confidentiality, and integrity of Your User Content as it is transmitted through or stored on the service provider’s servers.
4.3 “User Content” means any and all information and content (including text, images, photos, videos, audio, and documents) that You provide or make available in connection with the use of the Services, including any hosted or server content associated with Your account , whether displayed, linked, transmitted through, or stored on the server.
4.4 License over User Content. You hereby grant (and you represent and warrant that you have the right to grant) to JetHost an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the User Content for the purpose of supporting your use of the Services and providing Services to you. We may also use User Content for the purpose of supporting and developing the Services, provided that when doing so, we shall only use User Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, Customer shall retain all right, title and interest in and to the User Content and all intellectual property rights therein. Nothing in this Agreement will confer on JetHost any right of ownership or interest in the User Content or the intellectual property rights therein.
4.5 Backups of User Content
4.5.1 As part of its internal business continuity practices, JetHost may, at its sole discretion and without obligation, periodically create backups of Your hosting files and databases. You acknowledge and agree that any such backups generated by JetHost are intended solely for JetHost’s internal use in facilitating the potential restoration of hosted sites in the event of an unforeseen technical issue.
4.5.2 You understand and agree that any backups created by JetHost pursuant to its business continuity efforts are not guaranteed and are subject to an automatic deletion schedule upon the expiration or termination of Your hosting subscription.
4.5.3 Notwithstanding the potential existence of any backups created by JetHost, You expressly acknowledge and agree that You remain solely and entirely responsible for creating and maintaining Your own independent backups of Your hosting files. You have no right, title, or interest in or to any backups that may be created by JetHost for its business continuity purposes, and JetHost shall have no liability whatsoever for any loss or unavailability of such backups.
5. Acceptable Use and Legal Compliance
5.1 The web hosting and related electronic services provided by JetHost are to be utilized solely for lawful purposes, in strict compliance with all applicable international, federal, state, provincial, and local laws, rules, and regulations. You acknowledge and agree that the primary intent of JetHost’s services is to provide a platform for serving web documents and related content, and not as an off-site storage facility for electronic files. Your use of the Services is further governed by JetHost’s Acceptable Use Policy (“Acceptable Use Policy” or “AUP”), the terms of which are incorporated herein by this reference.
5.2 Any violation of JetHost’s AUP or any other provision of this Agreement shall constitute a material breach hereof and may, at JetHost’s sole discretion, result in the immediate termination of the Services provided by JetHost, with or without prior notice or the opportunity to cure such violation. The decision to provide any notice or cure period shall be at the sole and absolute discretion of JetHost, based upon the severity and nature of the violation.
5.3 JetHost reserves the absolute right to refuse to provide or continue providing Services if, in its sole and absolute opinion, any content residing on Your website or accessible via links from Your website is deemed illegal, misleading, obscene, defamatory, infringing upon intellectual property rights, or otherwise in violation of JetHost’s AUP.
5.4 You expressly understand and agree that JetHost shall not be liable for any loss or damages, including but not limited to direct, indirect, incidental, special, or consequential damages, that may arise from JetHost’s refusal to host Your website or to provide the Services under this Agreement due to Your actual or potential violation of this Section or the AUP.
6. Third-Party Software
6.1 JetHost may provide certain third-party software to You to facilitate account management, including but not limited to cPanel, CloudLinux, Softaculous, Litespeed, WHMCS, Redis, CloudFlare, etc. (“Third Party Software”) You expressly understand and agree that any such third-party software is provided strictly on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind, whether express or implied. JetHost makes no representations or guarantees that any specific results or functionality can be obtained through the use of Third Party Software. You further agree that JetHost shall not be liable for any errors, defects, malfunctions, or failures in the operation or performance of Third Party Software.
6.2 By utilizing JetHost Services that incorporate Third Party Software, You specifically acknowledge and agree to be bound by the applicable terms of service, end-user license agreements, or other similar legal terms established by the respective third-party providers. You covenant to use the JetHost Services, including any integrated Third Party Software, strictly in accordance with all such third-party terms. Your failure to comply with any third-party license or terms may constitute a material breach of this Agreement and may result in the immediate suspension or termination of Your Services by JetHost, without notice or refund.
6.3 You expressly acknowledge and agree that Your order for and use of JetHost Services constitutes Your explicit and informed consent to be bound by the terms of service of each third-party provider whose Third Party Software is integrated into the Services You utilize. For Your convenience, JetHost may provide links to the current versions of these third-party terms for Your review and future reference; however, it is Your sole responsibility to review and remain informed of the most current versions of these terms.
7. DISCLAIMERS
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND JETHOST (AND OUR SUPPLIERS) EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. JETHOST DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING THE USER CONTENT, OR ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. JETHOST DOES NOT CONTROL OR VET USER CONTENT AND IS NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. JETHOST IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY SERVICES ASSOCIATED WITH OR UTILIZED IN CONNECTION WITH THE SERVICES, INCLUDING THE FAILURE OF ANY SUCH THIRD-PARTY SERVICES OR SUPPORTED PLATFORMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. INDEMNIFICATION
You agree to indemnify and hold JetHost (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your User Content or (e) Third Party Software. JetHost reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of JetHost. JetHost will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
9. Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JETHOST (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF JETHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Fees and Payment Terms
10.1 All fees for the Services shall be set forth in JetHost’s then-current fee schedule, which is incorporated herein by this reference, and shall be due and payable at the times specified therein. For any renewal periods following the Initial Term, renewal fees shall be immediately due and owed on the first day of such renewal period. Failure to remit renewal fees when due shall constitute a material breach of this Agreement and may result in the immediate termination of the Services, without notice or liability to JetHost.
10.2 JetHost offers an auto-renewal option for all hosting plans. If You have elected a monthly payment plan, Your recurring monthly billing date will be determined by the date on which You initially purchased the products or Services. As previously stated, failure to make timely payments for Services upon renewal may lead to the immediate suspension of Services.
If You have subscribed to an annual (or longer) payment plan and have elected the automatic renewal option, You hereby authorize JetHost to automatically renew Your Services upon the expiration of the then-current term and to charge the designated payment method on file with JetHost at JetHost’s prevailing rates for such renewal.
10.3 In the event that any amount due and payable to JetHost remains unpaid as of the date the Services expire, JetHost reserves the right, at its sole discretion, to immediately terminate this Agreement and/or withhold or suspend the provision of Services. JetHost may, but shall not be obligated to, provide a discretionary grace period of seven (7) calendar days for overdue payments related to shared hosting packages.
11. Cancellation Policy
11.1 The initial term of this Agreement (“Initial Term”) shall be as specified in Your order form, commencing upon the commencement of the Services as outlined therein. Following the Initial Term, this Agreement shall automatically renew for successive terms of equal length to the Initial Term (each a “Renewal Term”), unless earlier terminated or canceled by either party in accordance with the provisions of this Section.
11.2 This Agreement may be terminated as follows:
11.2.1 By You: To disable the automatic renewal of this Agreement, you must notify JetHost by sending an email to [email protected] expressing your intention to do so. This email must be received at least five (5) business days prior to the renewal date. Failure to disable auto-renewal within this period will result in the automatic commencement of a Renewal Term.
11.2.2 By JetHost for Cause: JetHost may terminate this Agreement at any time, without prior notice to You, if, in JetHost’s sole judgment, You are in breach of any term or condition of this Agreement.
11.2.3 By JetHost for Operational Reasons: JetHost may terminate this Agreement at its sole discretion, without prior notice, if JetHost determines that Your use of the Services places or is likely to place unreasonable demands upon JetHost’s infrastructure or could disrupt JetHost’s business operations.
11.2.4 By JetHost for Breach of Other Agreements: JetHost may terminate this Agreement if it determines, in its sole discretion, that You are in violation of, or are alleged to be violating, the terms and conditions of any other agreement entered into between You and JetHost or any affiliate of JetHost.
11.3 In the event of termination or suspension of the Services under the circumstances described in subsections (11.2.3), (11.2.4), or (11.2.5) above, You expressly agree that:
- No pre-paid fees shall be refunded to You.
- JetHost shall have the right, but not the obligation, to assume control and ownership of any domain name registered through JetHost’s domain name registration services that is associated with the terminated Services.
11.4 In the event of termination of this Agreement due to Your default or breach of any provision herein, You shall be liable for all costs associated with such termination, including any reasonable costs incurred by JetHost in closing Your account. You further agree to indemnify and hold JetHost harmless from any and all costs, including reasonable attorneys’ fees, incurred by JetHost in enforcing Your compliance with this Section.
12. Obligations upon termination
In the event of the termination of this Agreement, whether initiated by You or by JetHost for any reason whatsoever, You hereby expressly acknowledge and agree to the following:
12.1.1 You bear the sole and exclusive responsibility for creating, maintaining, and retaining a complete and current backup of all of Your content hosted on JetHost’s servers. JetHost shall have no obligation to create or maintain any backup of Your content following the termination of this Agreement. JetHost shall have no obligation, and expressly disclaims any duty, to create a backup copy of Your server content, or to transfer or facilitate the transfer of Your account content via FTP or any other method, upon or after the termination of this Agreement.
12.1.2 The migration and transfer of Your account content from JetHost’s servers to an alternative provider or to any other location shall be Your sole and exclusive responsibility. You are solely responsible for taking all necessary steps to move Your content prior to the effective date of termination.
13. Force Majeure
13.1 Neither party shall be deemed in breach of this Agreement, nor shall either party be liable to the other for any delay in performance or failure to perform any of its obligations hereunder (excluding the obligation to pay sums due), to the extent that such delay or failure is caused by a Force Majeure Event. For the purposes of this Agreement, a “Force Majeure Event” shall include, but not be limited to, the following:
- Failures or disruptions of the internet, data transmission lines, networks, electrical power, and telecommunications infrastructure or facilities.
- Widespread cyberattacks, cybercrimes, network intrusions, denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks.
- Power outages.
- Defects in goods or software specifically directed by the User for the Supplier’s use.
- Acts of God, including but not limited to lightning, fire, floods, earthquakes, storms, or other natural disasters.
- Civil unrest, riots, insurrections, acts of war or terrorism, sabotage, or military actions.
- Embargoes, blockades, transportation disruptions, strikes, lockouts, or other labor disturbances.
- Business closures or disruptions beyond the reasonable control of the affected party.
- Unforeseeable supply chain delays or inability to procure necessary materials or services.
- Inability to provide personnel due to widespread illness, epidemics, or pandemics.
- Governmental actions, laws, regulations, orders, or restrictions, including import and export barriers.
13.2 The party experiencing a Force Majeure Event shall promptly notify the other party of the occurrence and the anticipated duration of such event. The period for performance of the affected obligation shall be extended by a period equal to the duration of the Force Majeure Event.
13.3 If a Force Majeure Event continues for a period exceeding one (1) calendar month from the date of its commencement, the non-affected party shall have the right to give written notice to the affected party to terminate this Agreement. Such notice of termination shall specify the effective date of termination, which shall be no less than seven (7) calendar days following the date on which the termination notice is duly given. Upon the effective date of termination specified in such notice, this Agreement shall terminate without further liability of either party to the other, except for any payment obligations that accrued prior to the date of termination.
14. Data protection and privacy
Our collection and use of personal data is described in our Privacy Policy.
We may update our Privacy policy from time to time. We will notify you of any changes by posting the new policy on this page. We will let you know via email and/or a prominent notice on our service, prior to the change becoming effective.
15. Copyright Policy
We respect the intellectual property of others and ask that our Users do the same. We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Customers who are repeat infringers of intellectual property rights, including copyrights. If you believe that any of the copyrighted material, which is directly available via the Services is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
JetHost Inc.
Attn: Copyright Agent
Mailing address: 16192 Coastal Highway, Lewes, DE 19958, United States.
Email: [email protected]
16. Governing law and dispute resolution
16.1 Governing law
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States of America and the state law applicable to the state where JetHost is registered, without regard to conflict of law principles.
16.2 Dispute resolution
Please read this Arbitration Agreement carefully. It is part of your contract with JetHost and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Informal negotiation: To expedite resolution and reduce the cost of any dispute, controversy, or claim related to these Terms (“Dispute”), you and JetHost agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.
Arbitration: You and JetHost agree that any Dispute that cannot be resolved through informal negotiations will be finally and exclusively resolved by binding arbitration. The arbitration will be conducted by the Judicial Arbitration Mediation Services, Inc. (“JAMS”) subject to the U.S. Federal Arbitration Act and federal arbitration law and according to the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) in the state where JetHost is registered. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add parties, vary the provisions of these Terms, award punitive damages, or certify a class.. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving contract disputes.
Waiver of jury trial. EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT, THE ORDER FORM OR THE SUBJECT MATTER HEREOF OR THEREOF. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS TRANSACTION. EACH PARTY HERETO HEREBY FURTHER WARRANTS AND REPRESENTS THAT SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL RIGHTS FOLLOWING CONSULTATION WITH LEGAL COUNSEL.
Class action waiver: YOU AND JETHOST AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN JETHOST AND YOU INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (1) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (2) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (3) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.
All aspects of the negotiations or arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
17. Contact information, feedback, and service exclusions
17.1 Contact information
For any questions, concerns, or comments regarding these Terms and Conditions, our services, or any related matter, please contact JetHost via:
Email: [email protected]
17.2 Feedback
JetHost highly values feedback from our users. Please note that any feedback, comments, ideas, improvements, or suggestions provided to JetHost will be considered non-confidential and non-proprietary. JetHost will be free to use such feedback on an unrestricted basis.
17.3 Service Exclusions
Please be advised that JetHost’s services are not available to clients located within the European Union (EU). This exclusion is due to regulatory and compliance considerations related to the provision of digital services within the EU. We apologize for any inconvenience this may cause and appreciate your understanding.
17.4 Electronic communications
The communications between you and JetHost use electronic means, whether you use the Services or send us emails, or whether JetHost posts notices on the JetHost’s website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from JetHost in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that JetHost provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
18. Entire agreement
This section confirms that the Terms and Conditions constitute the full and exclusive understanding and agreement between JetHost and the user regarding the service. It supersedes all prior discussions, agreements, and understandings of any kind, including any terms or conditions on the user’s purchase order or other business forms. Any amendments or modifications to this agreement must be in writing and signed by authorized representatives of both parties. This section ensures clarity and finality in the agreement, providing a clear reference point for the rights and obligations of both parties.
19. Severability
This section ensures that if any part of these Terms and Conditions is found to be invalid, illegal, or unenforceable, that part will be excluded from the agreement without affecting the rest of the Terms. The remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law. This clause maintains the integrity and enforceability of the agreement as a whole, even if part of it is deemed void or unenforceable in certain situations or jurisdictions.