Terms of Service

All editorial contents and graphics on this site are copyrights of JetsNext, and the JetsNext logo is a trademark of JetsNext for trading web service solutions. All customers must abide by the following Terms and Conditions of service. JetsNext provides web services to subscribers around the world, and the following terms of service are designed to provide the highest level of service available.

Who we are

This JetsNext Terms of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which JetsNext's Services (hereafter referred to as the "Services") will be provided to you upon registration. JetsNext is a brand of XeonBD, which is the contracting party under these terms. You certify that you are at least 18 years of age. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and JetsNext reserves the right to modify it from time to time, effective when notification is posted at www.jetsnext.com. No verbal or written agreement or statement by any JetsNext employee or on JetsNext's website will take precedence over the TOS. On registering for and using any Services provided by JetsNext, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. If the Customer resells or represents the Services he or she is paying for, the Customer will be responsible for his or her clients. JetsNext only recognizes the Customer who is paying for the Services and not his or her clients. Violation of the TOS or any such action that JetsNext deems inappropriate may result in the termination or suspension of the Services for the Customer.

1. New accounts

We will set up your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current and up to date at all times.

If you have a domain name registered with JetsNext, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up to date. JetsNext is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should log in to your client area and change it yourself. Providing false contact information of any kind may result in the termination of your account.

For any kind of service purchased from JetsNext, it may be necessary to provide government-issued identification (passport, national ID, driving licence, etc.) and proof of your address (utility bill) within 3 days of establishing your account with JetsNext. If you fail to meet these requirements when asked, the order may be considered fraudulent in nature and be denied.

Due to unforeseen complications with various mail servers and any connection problems between your ISP and JetsNext's operations, the new account setup process may sometimes be delayed.

2. Transfers

Our migration team will make every effort to help you move your site to us. However, transfers are provided as a best-effort service by our migration team, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. The free transfer service is available for 3 (three) days from your sign-up date. Transfers outside of the 3 (three) day free period will incur a charge; for reseller accounts the first twenty (20) end-user accounts from the old host will be transferred free of cost, and each additional account will cost 5 USD.

3. Satisfaction guaranteed

The 30-day guarantee statement is valid only for the web hosting service. If for any reason you are unhappy with the services you receive from JetsNext during the first 30 days of service (web hosting only), you may request in writing, via email or through the cancellation form in your client area, 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 cancelling (as we request for any cancellation, no matter the time frame). We are the sole arbiter as to whether your reason is a valid reason and whether all possible steps were taken on your side and on ours to correct the situation causing the interest to cancel. If a client violated the terms and conditions and was suspended, no refund will be offered; likewise, if a client asked for cancellation and then agreed to continue using the services, they cannot ask a second time for a refund.

* Domain registration, renewal or transfer, SSL, SiteLock and similar items plus any processing fee will apply and are deducted from the refund.

4. Payments

When you subscribe to our services, you are subscribing to a pre-paid service. Where VAT, sales tax or a similar levy applies to a service in your jurisdiction, it is shown on the invoice and added to the price.

All due invoices can be paid online using the payment methods offered in your client area (including card payments and PayPal, and local payment options where available) or offline by bank transfer. Except for payments made by bank transfer, online payment methods may be subject to an additional payment gateway fee, which is added automatically when you choose the payment method in your Client Area > Invoice.

Renewal notices are sent several times via email from 30 to 1 days before the renewal date. In the event that your renewal charge is declined and we are unable to contact you, the late fees described below shall apply to re-enable your account. Please address any questions regarding payment to JetsNext sales from your client area.

If a shared, reseller, VPS, dedicated, email server, spam filtering or similar account has a past-due invoice, we will perform the following actions:

• 1 day – no action taken
• 2 days – account is suspended
• 7 days – late fee added
• 15 days – account will be terminated

5. Cancellations

If you wish to cancel your services, you must write to sales or request a cancellation from your client area.

6. 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 control panel, so that you may receive an email when your account reaches certain limits determined solely by our system, i.e. a bandwidth-exceeded 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 are exceeded.

7. Refunds and account termination

If for any reason JetsNext fails to deliver said services, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces JetsNext 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. If for any other reason your account becomes suspended and remains suspended, it will be deleted after a 10-day period. If a customer has more than one account under his or her name, JetsNext reserves the right to suspend all the accounts due to non-payment of one or more accounts until all the payments are cleared.

• No refund will be issued if you are using our service a second time; the guarantee is offered once per customer for any product.
• No refund will be issued if you are found in violation of our terms and conditions.

30 days money back

At JetsNext, we are so confident in the service we offer that we provide a refund to every shared and VPS hosting customer within 30 days of their registration. If you are dissatisfied with our shared or VPS hosting service, you may choose to cancel your subscription for a full refund. If you meet the terms stated above, you may request, under this guarantee, a full refund consisting of your purchase price of the shared or VPS hosting service provided by JetsNext, less any charges for domain name registration, licensing fees, online order processing fees, additional paid services such as SiteLock, SpamExperts, Malwarebytes, Microsoft 365, Google Workspace and hosting add-ons, any type of web design and development, SEO, maintenance or security service, all of which are non-refundable. Any free service such as free domain registration, renewal or transfer, SSL or SiteLock that is included free with any hosting plan will be immediately suspended once the refund proceeds. If the customer wants to use them with any of our other hosting services or plans, or with any other web hosting service provider, they will have to pay for them at the regular price as mentioned on our website. If a client's account is not verified, that client will not get any refund. The client must provide his or her real first name and last name and the necessary documents to verify the account as mentioned in these terms of service. The money-back request is only applicable once per client, for the first service only. If you have a previous history of a money-back for any purchased service from us, then you are no longer eligible for the 30-day money back. No refund is applicable for any products or services purchased under any special, promotional or cash-back offer.

8. Content

All services provided by JetsNext are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable United States federal or state law, the laws of Bangladesh, or the laws of any other jurisdiction in which the Services are provided or used is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secrets or other laws. The subscriber agrees to indemnify and hold harmless JetsNext from any claims resulting from the subscriber's use of JetsNext's services which damages the subscriber or any other party.

JetsNext 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 customers will be allowed a zip file of their files): racism or prejudice due to colour, creed, or belief; profanity or obscene language towards anyone but yourself; any violent or malicious content. We prefer that you self-govern your content and are responsible for what your website provides. We do not have the resources and time needed to govern our servers constantly, which have growing and evolving content. However, if JetsNext is made aware of any questionable content on a JetsNext-hosted site, we will address the concerns directly with you and seek an amicable resolution. If anyone contacts us about content they have found on a JetsNext server or network that infringes their copyright or that they wish to be removed, we require legal documentation to take any further action.

We do not allow web proxy services or scripts, file hosting services, or any type of adult content on our shared web hosting servers or web hosting plans. Remote uploading or processing scripts such as RapidLeech, PHP music search or premium link generators are not allowed on our shared web hosting servers. Torrent seeding using TorrentFlux or a similar script may also cause an immediate suspension on our network. You are also not allowed to host an image or video hosting site with us on our shared web hosting servers or web hosting plans, as these take a lot of CPU resources and abuse the server memory; such material is not restricted on our VPS and dedicated server plans. We do not allow any kind of video streaming using FFmpeg or any other format on the shared web hosting servers; if malicious material is found through a complaint to the abuse department, action will be taken urgently. Video streaming is not restricted on our VPS and dedicated server plans.

On the shared web hosting service, users may only host media files (MP3 or music, images, video, etc.) under 20 MB in size, which must be linked from the HTML or script files or needed by the hosted website. The media files must not make up more than 10% of the HTML or script files. Any larger amount of media hosted on a shared web hosting plan will be considered abuse and will be subject to immediate termination of that account without notification. No such restriction is placed on the VPS or dedicated server hosting plans.

Examples of prohibited content or links on shared hosting include (but are not limited to):

• Topsites
• IRC scripts and bots
• Proxy scripts and anonymizers
• Pirated software and warez
• Image hosting scripts (similar to Photobucket or Tinypic)
• AutoSurf, PTC, PTS and PPC sites
• IP scanners
• VPN services
• Brute-force programs, scripts and applications
• Mail bombers and spam scripts
• Adult content
• Banner-ad services (commercial banner ad rotation)
• File dump and mirror scripts (similar to Rapidshare)
• Commercial audio streaming (more than one or two streams)
• Escrow and bank debentures
• High-yield interest programs (HYIP) or related sites
• Investment sites (FOREX, E-Gold exchange, Second Life/Linden exchange, Ponzi, MLM or pyramid schemes)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime bank programs
• Lottery sites
• MUDs, RPGs and PBBGs
• Hateful, racist or harassment-oriented sites
• Hacker-focused sites, archives and programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez, pirated or illegal content
• Bank debentures and bank debenture trading programs
• Fraudulent sites (including, but not limited to, sites listed at aa419.org and escrow-fraud.com)
• Mailer Pro

Examples of unacceptable material on all VPS, dedicated and cloud servers include:

• IRCD (IRC servers)
• IRC scripts and bots
• Pirated software and warez
• IP scanners
• Brute-force programs, scripts and applications
• Mail bombers and spam scripts
• Escrow
• VPN services
• High-yield interest programs (HYIP) or related sites
• Investment sites (FOREX, E-Gold exchange, Second Life/Linden exchange, Ponzi, MLM or pyramid schemes)
• Sale of any controlled substance without prior proof of appropriate permit(s)
• Prime bank programs
• Adult content or material
• Lottery sites
• Hateful, racist or harassment-oriented sites
• Hacker-focused sites, archives and programs
• Sites promoting illegal activities
• Forums and/or websites that distribute or link to warez, pirated or illegal content
• Bank debentures and bank debenture trading programs
• Fraudulent sites (including, but not limited to, sites listed at aa419.org and escrow-fraud.com)
• Mailer Pro

Using any shared web hosting account provided by JetsNext as a backup or storage device (files, database dumps, file-sharing media, etc.) is not permitted. JetsNext's shared web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. A shared web hosting account is for website storage only, not for use as a remote file storage service or for hosting a file storage application (e.g. FileCloud, ownCloud, Nextcloud, RapidLeech, etc.). If we find any shared web hosting account involved in such activity, it will be considered abuse of JetsNext's TOS and is subject to immediate suspension or termination of the service. Backup and storage use is not restricted on the VPS and dedicated server plans.

Any website whose disk space usage for storing files exceeds 70% of its total usage, either in terms of total size or number of files, will be deemed to be using an unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you have no negative intentions, such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.

JetsNext services, including all related equipment, networks, and network devices, are provided only for authorized customer use. JetsNext systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of JetsNext system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with the express written consent of the third party. JetsNext may, at its discretion, request and require documentation to prove that access to a third-party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket or email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@jetsnext.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or to link to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: your services will be terminated with or without notice.

Opt-in email marketing

If you choose to engage in marketing your site and/or services via email, please heed the following. The only permitted form of email marketing is that in which the list is opted in. By definition, opt-in is where people provide you with their email address specifically requesting to be on your email list for information about your site and/or service. If we find your account transmitting email to persons who did not authorize such activity, that is grounds to suspend and terminate your site. Note: on the flip side, the joining of an opt-in email list does not guarantee the legitimacy of such a list. Please contact us before taking any steps so that you will not be a victim of spam from second and third parties of such lists.

9. Zero-tolerance spam policy

JetsNext has a zero-tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE), also known as spam. The definition of spam: an electronic message is spam if (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; and (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; and (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with UCE/UBE abuse if you send an email to persons who have not specifically asked to receive the email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any JetsNext customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively affect that server's uptime and performance record, it subjects that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

• You must not try to hide, forge or misrepresent the sender of the email or the sending site of the email.
• Bulk mailings must specifically state how the recipients' email addresses were obtained and must indicate the frequency of the mailing.
• Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid address may be used instead.
• All subscription-based email must have valid, non-electronic contact information for the sending organization in the text of each email, including either a phone number or physical mailing address.
• All bulk email must be solicited, meaning that the sender has an existing and provable relationship with the email recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to us upon request.
• Sending unsolicited bulk email: the sending of any form of unsolicited bulk email through JetsNext servers is prohibited. Likewise, the sending of UBE from another service provider advertising a website, email address or any resource hosted on JetsNext servers is prohibited. JetsNext accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet service provider where those messages violate this policy or that of the other provider.
• Running unconfirmed mailing lists: subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by JetsNext customers must be closed-loop. The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from third parties for mailing from any JetsNext-hosted domain, or referencing any JetsNext account, is prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.

10. Script usage policy

JetsNext provides our clients with web hosting accounts that permit the use of CGI files, PHP scripts, and other executable programs. Because these scripts use much more system resources than standard HTML pages, certain restrictions must be made governing the use of such "active content" systems. We regret that in many cases we are unable to determine what specific script or application is causing the system resource overrun. Under most circumstances, we are able to pinpoint it to the offending account on the system. The following rules apply to all "active content" files as listed above:

• The script must use low system resources. Scripts that consume a large amount of our RAM or processor will be subject to immediate suspension until the owner can be notified and an alternative solution is reached.
• Each user account may not use more than 20% of system resources at any given time. If an account is consistently using 20% or greater system resources, the account holder will be warned, and if no action is taken on behalf of the account holder the account may be suspended.
• The scripts may not interact with any server configuration or hardware. Accounts running such scripts are subject to immediate account termination without refund.
• The script cannot be used or referenced from any other site not hosted by JetsNext.
• The script must execute in a timely fashion. Any script that monopolizes the processor is subject to removal.
• Any script that appears to be designed specifically to attack or otherwise maliciously affect the server is completely unacceptable, and if such scripts are found in your account the account will be terminated immediately, your actions will be reported to the appropriate authorities and legal action will be taken to prosecute the account holder to the fullest extent of the law by JetsNext.
• Perl-based chat room scripts are strictly prohibited.
• Scripts that require high bandwidth usage, such as non-Perl chat room scripts or banner rotation scripts, will be allowed to run only on our VPS and dedicated server accounts.
• Scripts must be kept secure. Unnecessarily setting scripts to permission 777 is a violation of this policy. Keeping scripts in a publicly viewable directory (one without an index file) is also a violation of this policy.
• Ensuring the security of your website script is entirely your responsibility. JetsNext will not accept any liability for any kind of loss to your account caused by a leak or backdoor in your script.

Note: if a script will not execute with a permission other than 777 (rarely the case), you may contact customer care to get approval for the script, which will be given under most circumstances.

Any accounts with scripts found in violation of these policies are subject to future scrutiny of all CGI, Perl, CFM, ASP, and PHP scripts by our system administrators. If a script is found to be harmful to the system, it will be killed immediately and the account locked down until the account owners have been contacted. Malicious scripts are subject to immediate account termination without refund of any pre-paid monies.

Violations of the Terms of Service will waive the refund policy.

11. Resource usage policy

11.a) Server resource abuse policy (SRAP)

Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given the option to pay for a dedicated server. The abuse and misuse of system resources is a serious problem, and JetsNext does not tolerate it. Accounts on a shared server must be shared with other users, so we must limit how much of the CPU and memory can be used by any one account.

In all fairness, we cannot allow one or two clients to use all of the system resources on a shared machine and have all other clients suffer because of it. Excessive CPU and memory usage by one or more clients causes extreme slowness in all areas: MySQL, email, HTTP and more. If the CPU and memory usage by a few clients gets out of hand, all sites hosted on the machine will return errors and not be accessible in any way.

Average server resource limits:

• Memory usage may not exceed 10% per account, file or application.
• CPU usage differs between shared hosting plans and is listed on each plan's details page.
• Apache connections may not exceed 30 connections.
• 15 MySQL maximum user connections allowed.
• 25 emails per hour, per domain.
• Do not run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Do not run any type of web spider or indexer (including Google Cash or AdSpy) on shared servers.
• Do not run any software that interfaces with an IRC (Internet Relay Chat) network.
• Do not run any BitTorrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
• Do not participate in any file-sharing or peer-to-peer activities.
• Do not run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1942, etc.
• Do not run cron entries with intervals of less than 15 minutes.
• When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("https://yourdomain.com/include.php") use include("include.php").

11.b) Illegal usage

JetsNext servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to, copyrighted material, trademarks, trade secrets or other intellectual property used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: pirated software, hacker programs or archives, warez sites, MP3s and IRC bots. Any type of forum or discussion board discussing where to obtain such files, or one that distributes the files, is also prohibited. The subscriber to the JetsNext service agrees to indemnify and hold harmless JetsNext from any claims resulting from the use of the service that damages the subscriber or any other party. JetsNext will be the sole arbiter as to what constitutes a violation of this provision.

11.c) Illegal content

JetsNext does not allow background daemons such as IRC bots, eggdrop, BitchX, XiRCON, and any other program that interferes with normal server operation. No warez is allowed. Web proxies are not tolerated; this includes NPH-Proxy and web proxy scripts. If your site is found to hold any proxy files, your account will be suspended and the account holder will be issued a fee of 50 USD. When using an account with shell access, you are not allowed to run any servers or services on the JetsNext network. Servers are defined as perl bots, proxies, BitchX, psyBNC, root exploits, DDoS scripts, Shoutcast servers, etc. Running any of these will result in immediate suspension, and users will be subject to a fine of no less than 50 USD and no more than 100 USD. JetsNext also reserves the right to terminate an account for these activities.

11.d) Software distribution

JetsNext web hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales team for a special arrangement.

11.e) Chat rooms

JetsNext does not provide or allow chat rooms in the shared hosting environment. You may elect a dedicated server to run a chat room efficiently.

11.f) IRC

JetsNext does not allow IRC or IRC bots to be operated on our shared or reseller servers. They are allowed on dedicated servers provided that no negative effects occur to our network.

11.g) Liabilities

JetsNext 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 JetsNext be liable for any direct, indirect, incidental, consequential, special or exemplary damages, or any damages whatsoever, arising from the use or performance of this website or from any information, services or products provided through your website. We are not responsible for any content on any server in our network and will not take any action against any questionable material or action until the website in question is brought to our attention by emailing us.

12. IP address ownership

JetsNext shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by JetsNext. JetsNext reserves the right to change or remove any and all such IP numbers and addresses.

13. Security

Users are prohibited from violating or attempting to violate the security of the JetsNext network. Violations of system or network security may result in civil or criminal liability. JetsNext will investigate occurrences, which may involve cooperation with law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

1. Accessing data not intended for such user or logging into a server or account which such user is not authorized to access;
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, ping flooding or mail bombing;
4. Forging any TCP/IP packet header or any part of the header information in any email or forum posting;
5. Taking any action in order to obtain services to which such user is not entitled;
6. Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations.

Each hosting package purchased is unique to a domain name and use; you are not allowed to purchase multiple plans to obtain combined bandwidth and space. JetsNext will stop such transactions and label them as deceptive. We have an upgrade path for all services and can often work out special deals for users who ask us for assistance.

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include, but are not limited to, the following: unauthorized access, use, probing or scanning of a system's security or authentication measures, data or traffic; interference with service to any user, host or network, including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP/IP packet header or any part of the header information in an email or a newsgroup posting.

14. Server abuse

Any attempt to undermine or cause harm to a JetsNext server or subscriber of JetsNext is strictly prohibited, including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the system
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mail bombing", or "crashing" any computer system

You will be held responsible for all actions performed by your account, whether done by you or by others. All sub-networks of JetsNext and all dedicated servers must adhere to the above policies.

15. Bandwidth and traffic measurement and overage fees policy

All monthly traffic listings for shared, VPS, dedicated server or any other hosting plans consist of the sum of incoming and outgoing traffic allowance. Incoming and outgoing traffic allowances are calculated on a 50/50 split of incoming to outgoing traffic based on the total allocated traffic; therefore the incoming and outgoing traffic allowances are each half of the total listed traffic. Any traffic usage exceeding either the incoming or outgoing traffic total will be billed at the overage rate described in your plan at the time of purchase, per MB or GB over.

JetsNext's traffic usage policy is simple: you are allotted a portion of traffic per month to do with as you please. For shared hosting plans, if the amount of data transfer exceeds the user's plan subscription, the account will be suspended, though the user will receive warnings through email and may be contacted by JetsNext staff about overuse and given positive options.

For any shared bandwidth port (offered mostly with VPS, dedicated server and FTP server plans) JetsNext does not provide any minimum bandwidth guarantee (whether international or IX), but the user can have any amount of dedicated bandwidth port. On a dedicated bandwidth port the upstream service provider will provide a 75% bandwidth guarantee up to the upstream provider's Singapore or UK server or PoP in the case of international traffic, and 100% up to the IX service provider's port. The dedicated bandwidth port comes as an add-on; for pricing, contact JetsNext's sales team.

16. Scheduled maintenance and downtime

JetsNext will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. The subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"), service malfunctions, and causes beyond JetsNext's control or which are not reasonably foreseeable by JetsNext, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, network congestion or other failures. JetsNext will provide at least 48 hours' advance notice to the subscriber for Scheduled Downtime and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. JetsNext has no responsibility for downtime resulting from a user's actions. The 99.9% network uptime guarantee does not apply to shared accounts.

17. Responsibility (reseller/client)

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username and password. The client assumes responsibility for all material on their site that may be put there by a third party (such as the usage of free-for-all links pages). Use of JetsNext's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered. Web publishing: requires knowledge of HTML, properly locating and linking documents, uploading web contents by FTP, graphics, text, sound, image mapping, etc. CGI scripts: require knowledge of the UNIX environment, tar and gunzip commands, Perl, shell scripts, permissions, etc. Mail: use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. The client agrees that it is not the responsibility of JetsNext to provide this knowledge or support outside matters specific to JetsNext servers.

18. Backups

JetsNext takes extreme steps to maintain system integrity. However, JetsNext shall not be held responsible for the loss of data due to any cause. To ensure the highest level of data protection, JetsNext recommends that all information and data be backed up to the user's own computer from time to time as per their need. As with any data that you hold in high importance, it should be in more than one location at all times.

Shared web hosting users have an automated complementary remote data backup option (no data consistency or guarantee is included; any account holding more than 50 GB of data is not covered), which is primarily designed for restoring data from the last good backup if the shared web hosting server ever suffers a hardware or service failure, not for recovering from customer or user error.

Self-managed VPS and dedicated server plans include no data backup by default, and no backup of the customer's data is stored on JetsNext's side for disaster recovery purposes; it is always the customer's responsibility to create their own backup strategy. Managed VPS plans include the daily off-server backup described on the plan page, subject to the retention and storage limits stated there. Additional backup solutions can be provided through a third-party vendor at additional cost according to that vendor's terms.

19. Actions

The failure by a customer to meet or follow any of the above policies or terms is grounds for account deactivation. JetsNext will be the sole arbiter as to what constitutes a violation of the acceptable use policy. JetsNext reserves the right to remove any account without prior notice.

When JetsNext becomes aware of an alleged violation of its acceptable use policy, JetsNext will initiate an investigation. During the investigation, JetsNext may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, JetsNext may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offence, JetsNext will notify the appropriate law enforcement authorities of such violation.

JetsNext does not issue credits for outages incurred through service disablement resulting from acceptable use policy violations.

JetsNext customers agree to indemnify and hold harmless JetsNext from any claims resulting from the use of our services that damages them or any other party. The JetsNext service is provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. JetsNext expressly disclaims any representation or warranty that the JetsNext service will be error-free, secure or uninterrupted. No oral advice or written information given by JetsNext, its employees, licensors or the like will create a warranty, nor may you rely on any such information or advice. JetsNext and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

20. Modification

JetsNext reserves the right to add, delete, or modify any provision of this policy at any time without notice.

21. Refusal of service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. An example of refusal of service is if an account continues to abuse our policies after warnings. Refusal, cancellation or suspension of services especially holds true for issues with spam or any script abuse. Another example of refusal of service is if a customer becomes very unreasonable, unprofessional, extremely difficult to work with or threatening. Said customer's account will be suspended and we will recommend that the customer find a new host. A backup of the account(s) will be provided.

There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time that a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.

General

• These Terms of Service are subject to change without prior notification.
• These Terms of Service are a legally binding contract between the subscriber and JetsNext.
• By opening an account, the subscriber agrees to the above-stated terms.
• Anything not listed in the Terms of Service is open to interpretation and change by JetsNext administrators without prior notice.
• All prices, with the exception of the 30-day money-back guarantee, are non-refundable and non-negotiable.
• Any violation of these Terms of Service will result in termination of the account. JetsNext maintains the right to terminate accounts without prior notification.
• We reserve the right to remove any account with 15 days' prior notice.

Contact

Questions about these Terms? Email support@jetsnext.com, see our Privacy Policy and Service Level Agreement, or visit our contact page.