This agreement (hereinafter "Agreement", "Terms of Service", "TOS" or "Terms") has been put together to provide you with a complete and comprehensive set of policies that bind us as the hosting services provider, and you, our Customer.

PLEASE READ THIS AGREEMENT CAREFULLY. BY AGREEING TO OUR TERMS OF SERVICE AND ACCEPTABLE USE POLICY, SIGNING UP, PAYING FOR AND/OR USING OUR SERVICES, YOU ARE AGREEING TO BE BOUND BY THE CONDITIONS AND TERMS OF THIS AGREEMENT, OUR ACCEPTABLE USE POLICY, AND OUR PRIVACY POLICY.

If you have questions about this Agreement, our Acceptable Use Policy (AUP) or our Privacy Policy, please contact us.

Terms of Service

1. This service Agreement is between Webjogger Internet Services (herein after "we," "our," "us" or “Webjogger”) and you, our Customer (hereinafter "Customer," "you" or "your").

2. Webjogger, as your VPS hosting service provider, will supply Customer with a VPS hosting solution according to the specifics of your plan, along with various services you select for maintaining your VPS, as indicated on our website (hereinafter "Services").

3. You warrant that the contact and billing information you provide Webjogger is correct, complete and an accurate representation of your contact details. You also warrant that you are a valid representative of the entity or organization listed on our signup form, and are at least 18 years of age.

4. This Agreement represents the entire agreement between you and Webjogger, and supersedes any and all other communications and any course of performance or course of dealing, except as modified by revisions of this posting by Webjogger or written agreement by an authorized officer of Webjogger (provided, however, that any such revised posting shall take effect prospectively from the date of the posting.)

5. Any of the terms, prices or services offered can be amended, modified or updated by Webjogger at any time.

Webjogger Responsibility

1. Webjogger will (i) install Apache, FTP software, IIS/SMTP and the latest version of the Alpha Five Web Application Server (WAS) on your VPS; (ii) set up your initial DNS records, if you transfer your DNS to Webjogger; (iii) initially configure Apache and Alpha Five WAS to work together; (iv) maintain the hardware and OS of the physical server on which your VPS resides; (v) apply OS-level patches (including those for IIS/SMTP); (vi) backup your VPS offsite once a day.

Customer Responsibility

1. Customer is responsible for (i) purchasing an Alpha Five WAS license directly from Alpha Software or through Webjogger; (ii) transferring your existing domain to Webjogger, or registering a new one; (iii) purchasing, installing, or configuring an SSL certificate for your site, if desired; (iv) uploading your web files; (v) troubleshooting your code; (vi) configuring IIS/SMTP; (vii) configuring, troubleshooting, patching or upgrading Apache, FTP, or Alpha Five WAS after Webjogger's initial setup; (viii) installing, configuring, upgrading, and/or removing any other software on your VPS.

2. Customer is responsible for the content of any postings, data or transmissions. This responsibility extends to any individuals or entities given access to the account by the Customer.

3. Customer is responsible for maintaining the confidentiality of login and billing information. Webjogger is not liable for any account disputes that may arise between various parties holding account login information. Webjogger is not responsible for any changes made to the account or any information that has been modified by Customer, or any parties authorized by Customer, to access the Control Panel.

4. Customer is responsible for updating and maintaining contact and billing information with Webjogger. Any changes to the Customer contact information must be made by contacting our Support Team. Customer is responsible for ensuring that Webjogger is able to notify the Customer for technical, billing or other issues or purposes deemed necessary by Webjogger to maintain the account.

5. Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the website does not exceed the bandwidth allocated for the account(s). If bandwidth utilization exceeds the limit allocated for the account(s), Webjogger will bill Customer for bandwidth in excess of the limit at a rate of $1.50/GB.

Lawful Purpose

1. Webjogger reserves the right to refuse service to anyone in violation of our Terms of Service or Acceptable Use Policy (AUP) or anyone using our networks or servers for unlawful purposes.

2. Customer agrees to abide by all terms outlined in our AUP. Any violation of those terms may result in account cancellation at Webjogger's sole discretion.

3. Customer accepts liability resulting from any breach of our AUP.

4. Customer is responsible for making end-users aware of all the policies of Webjogger and is responsible for any breach of those policies by their end-users, as laid out in our AUP.

Complaints Against Customer

1. Webjogger does not proactively review the website content, or e-mail or data files of our Customers. In some situations, as outlined herein or in our AUP, we will review and remove files, website content or e-mail to validate and/or enforce compliance with our AUP.

2. We take no responsibility for the content or information contained on our Customers' websites, within their e-mail or stored as data within their VPS. The opinions and views expressed in the webpages hosted by Webjogger do not necessarily reflect our views. The contents of the webpages hosted by Webjogger are not monitored or reviewed in any way before they appear on the Internet.

Payment Policies - General

1. Accounts will not be activated or reactivated without prior payment.

2. All hosting fees are due on or before the due date of the renewing account and/or domain name.

3. Incomplete, incorrect or questionable signup information can result in an account NOT being activated. Some accounts may be placed on hold for up to 72 hours, pending review of information received.

4. Any losses or expenses experienced by the Customer, due to actions taken by Webjogger in response to Customer non-payment, are not the responsibility of Webjogger.

Payment Policies - Payment Processing

1. By purchasing our hosting services, you are agreeing to allow Webjogger to place your account on a recurring payment plan. The account will automatically be re-billed according to the terms of the plan you select.

2. You grant Webjogger permission to charge your credit card for any and all services you request, including, but not limited to, hosting and/or domain name renewals.

3. If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your VPS or other Services.

4. When an account is cancelled, your VPS and any data files related to your Services are permanently and irretrievably removed from our servers.

5. If an account has been suspended for non-payment, it will only be reactivated upon payment of all overdue fees.

6. If we make any refunds due to charges you dispute with your credit card company, we will cancel your account. The cancelled account will only be reactivated once all disputed/refunded fees are resolved satisfactorily, and we receive payment for any and all administrative fees incurred by Webjogger as a result of your dispute or charge-back request. We cannot guarantee any files or e-mail will be available upon reactivation.

7. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. A determination of such misuse or fraudulent use shall be in our sole discretion. Further, we may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government authorities, credit reporting services, financial institutions and credit card companies. In these situations, you shall have waived any and all rights to privacy.

Cancellation Policy

1. You are free to cancel your account at any time. Similarly, we reserve the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.

2. Fees for products and services are non-refundable.

3. If you do not wish to continue hosting with Webjogger, it is your responsibility to contact us to cancel your account. Your cancellation request must be submitted in writing via postal mail, fax or email (which can be found on our website at www.webjogger.net). The request must indicate your desired cancellation date and be submitted by an individual authorized to make changes to your account. The effective cancellation date will no sooner than the first business day following the receipt of the written cancellation request.

4. Transferring a domain name or establishing a new hosting account with a different hosting provider does not constitute canceling an account with Webjogger.

5. You have thirty (30) days to dispute any charge or payment processed by Webjogger. If you have a question concerning a charge you believe is incorrect, please contact us at billing@webjogger.net

Sub domain Ownership

1. Upon purchasing Services, if requested by Customer, Webjogger will assign you a subdomain composed of your username and our domain name (e.g., username.alpha5host.com). Upon cancellation of your account, Webjogger will retain all ownership rights to the username and subdomain.

Technology Parameters

1. Customer is responsible for providing the equipment and services necessary to access Webjogger networks, systems and servers. Webjogger makes no assurances that the Customer's equipment is compatible with its services.

2. Webjogger is not responsible for any service issues experienced due to the use of any programs, scripts or software not provided by Webjogger, whether or not residing on Webjogger's network, systems or servers.

3. Webjogger is not responsible for ensuring that Customer websites function correctly, nor are we responsible for troubleshooting programs, scripts or software you place on your VPS.

Electronic Commerce

1. If the Customer chooses to conduct online commerce, the Customer is responsible for maintaining and creating an online store.

2. Customer is responsible for ensuring that products or services sold or made available via our services are legal and accurately represented and that the content of the store and related offerings do not infringe the rights of others.

3. Customer is responsible for fulfilling all the online store needs such as order fulfillment, shipping, data security, etc.

4. Customer is responsible for the security of its customers' credit cards.

5. Webjogger is not liable for any fraud, disputed business transactions, undelivered goods or other improprieties between you and you customers.

Service Availability

1. We will use all efforts to ensure that our Services are available via the Internet 24 hours a day, seven (7) days a week, excluding scheduled maintenance and regular system repairs as initiated by Webjogger.

2. However, due to the nature and complexity of online services, we cannot guarantee the availability of Services at all times.

User Data

1. Webjogger may disclose to third parties certain aggregate information contained in your signup or related data. However, Webjogger will NOT disclose personally identifying information to third parties unless such disclosure is:

i. required or permitted by law, or is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;

ii. intended to prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise represents actions taken in connection with such activities;

iii. to enforce these Terms of Service or otherwise establish or exercise Webjogger's legal rights or defense against legal claims; or

iv. otherwise provided for in the Webjogger Terms of Service or Privacy Policy.

Backup / Restore

1. All of Webjogger's Alpha Five VPS hosting accounts include daily offsite backups as part of the monthly fee.

2. Webjogger will restore Customer data from offsite backup at no charge in the event that the loss of data was caused by issues with the server hardware or OS on which Customer's VPS runs.

3. If data loss occurred for any other reason, Webjogger is available to restore data from offsite backup for a fee equivalent to $100.00/hr multiplied by the time spent performing the restore and coordinating the process with Customer.

Emergencies/Special Situations

1. We reserve the right to take any proactive steps we deem necessary to maintain the security, connectivity, performance and services of our Customers, including but not limited to actions requiring us to deactivate Customer VPS(s) and/or website(s), shut down our network, or review the content of VPS(s) or website(s) to evaluate the reason for perceived behaviors.

Acceptance of Commercial Relationship and E-mail Communications

1. By purchasing Services, you are agreeing to this commercial relationship with us. As such, you agree our communications to you are solicited e-mails and not unsolicited commercial e-mail, commonly known as UCE or SPAM.

2. From time to time, we offer our Customers the opportunity to participate in special offers, contests or surveys, and we may feel it is important to notify you about new products and services through promotional materials and newsletters.
You may choose to opt out of receiving these notifications either by responding to the unsubscribe instructions included in the e-mail or sending an email to support@webjogger.net.

Limitations of Liability

1. Webjogger cannot accept any liability for downtime, interruptions of service, loss of business, breach of security or inadvertent access to your private data, or loss of data. Webjogger cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where Webjogger must use its best judgment on how to respond to opposing legal viewpoints. In such instances, we cannot accept any liability where our judgment is ultimately wrong.

2. CONTENT, SOFTWARE AND SERVICES USED AND SUPPLIED BY WEBJOGGER ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT PARTICULAR LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

3. YOU AGREE THAT ALL ACCESS AND USE OF WEBJOGGER AND THE CONTENT THEREOF IS AT YOUR OWN RISK. IN NO EVENT SHALL WEBJOGGER BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, TOOLS, SOFTWARE OR THE SERVICES PROVIDED HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, (B) FOR ANY DAMAGES OR COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE TO ACT, OR DELAY IN PERFORMING ANY OBLIGATION WHATSOEVER, OR (C) ANY CUSTOMER VPS AND/OR WEBSITE OR ANY CONTENT ON SUCH VPS(S) AND/OR WEBSITE(S), OR OUT OF ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. YOU AGREE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, SITE-RELATED SERVICES, PRODUCTS, TOOLS AND/OR CONTENT CONTAINED WITHIN THE WEBSITE, OR WITH THE EXTENT TO WHICH SUCH WEBSITES ARE "UP" OR ARE AVAILABLE FOR ACCESS BY YOU OR OTHER USERS OF THE INTERNET, IS TO STOP USING OUR SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEBJOGGER SHALL NOT BE LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE. YOU AGREE THAT IN NO EVENT SHALL WEBJOGGER BE LIABLE IN ANY WAY FOR MORE THAN THE AMOUNT PAID BY YOU TO WEBJOGGER FOR THE ONE (1) YEAR PRIOR TO A CLAIM AND THAT SUCH LIQUIDATED DAMAGE SHALL BE THE SOLE AND EXCLUSIVE REMEDY AT LAW AND EQUITY. YOU ACKNOWLEDGE THAT WITHOUT THIS LIMITATION, WEBJOGGER WOULD NOT ENTER INTO THIS AGREEMENT WITH YOU.

Miscellaneous

1. These Terms shall bind and benefit the successors and heirs of the parties. These Terms, product offerings and pricing are subject to change at any time, without notice.

2. By visiting this website and/or using or purchasing goods and/or services from or through Webjogger, you consent to the federal and state court of The State of New York having jurisdiction over you. The Terms and the relationship between you and Webjogger shall be governed by and interpreted in accordance with the laws of The State of New York, United States of America, without reference to its principles of conflicts of law.

3. If any provision of these Terms should, for any reason, be held invalid or unenforceable in any respect, the remainder of these Terms shall be enforced to the full extent permitted by law. A court of competent jurisdiction is hereby empowered to modify the invalid or unenforceable provision to make it valid and enforceable.