Jobcite Terms of Service

Last updated August 25, 2005.

IMPORTANT NOTICE: *Failure to abide by Jobcite's Acceptable Use Policy (herein referred to as "AUP") and Terms of Service (herein referred to as "TOS") will cause suspension and/or immediate termination WITHOUT PRIOR NOTICE. All payments will NOT be refunded and there may be additional fees for any abuse issues.*

Jobcite's TOS is provided to give our customers and users a clear understanding of what Jobcite expects of them while using the service. All users of Jobcite's Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this TOS and our AUP.

Use of Jobcite Service constitutes acceptance and agreement to Jobcite's TOS as well as Jobcite's AUP

This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Sarasota applicable to contracts enforceable in that state. Venue will be Sarasota County, Florida.

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, our customers agree that Jobcite may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to our customers. In addition, Jobcite shall have the right to terminate all service set forth in this Agreement.

Service Rates: Our customers acknowledge that the nature of the service furnished and the initial rates and charges have been communicated to them. Our customers are aware that Jobcite may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Jobcite achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by Jobcite of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
Our billing address is as follows:
Jobcite
1292 Western Pine Cir
Sarasota, FL 34240

Payments and Fees: Checks returned for any reason are subject to a $29.00 returned item charge. Service will be interrupted on accounts that reach 60 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts that are not collectable by Jobcite may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. ACH Drafts and Credit Card Service are not available at this time.

Refund and Disputes: All payments to Jobcite are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Failure to Pay: Jobcite may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve the customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:
Jobcite
Attn: Cancellations
1292 Western Pine Cir
Sarasota, FL 34240

Or you may email us at admin@jobcite.com.

**If you do not receive confirmation from Jobcite that your account has been cancelled at least 7 days before the next billing cycle, we recommend that you contact Jobcite asap.**

You must have all account information to cancel. Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder.

In the event of cancellation, customer's service will cease at the end of the current billing cycle. No refund will be given if the customer decides to leave before the end of the cycle. All access to the server will cease at the end of the billing cycle for the cancelled account.

Guarenteed Uptime: Jobcite services are up to date with the best possible solutions. Jobcite will always look for product upgrades to ensure the best possible solution in today's Internet. If an upgrade of important significance will interrupt service for an extented period of time, Jobcite will try to deal with this upgrade during non-peak hours. At times, a upgrade may be performed asap, which could happen at any time of any day.

Total Web FUSION guarentees a 99.9% uptime. This allows approximately 43 minutes of time per month available for upgrades and other possible downtime. Our customers acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, our customers agree that the Jobcite shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Jobcite. Our customers further acknowledge that Jobcite's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Jobcite on behalf of the account holder a handling fee will be incurred.

Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Jobcite will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Jobcite on behalf of the account holder a handling fee will be incurred. If the account holder cancels service during the transfer period for any reason, all charges are considered earned.

Website Maintenance Contracts: Jobcite offers Website Maintenance Contracts at a reduced cost for website changes. Customers who have Website Maintenance Contracts must agree to the contract for one (1) year. If the customer leaves Jobcite (for any reason, including termination for failing to adhere to the AUP or TOS) or cancels (for any reason) before the contract is over will be obligated to pay the difference of time used plus an additional $500 early termination fee.

Support Boundaries: Jobcite provides 24 x 7 technical support to our subscribers (except for few holidays, any national emergency crisis, or weather emergencies in the Tampa Bay Area, Florida). We limit our technical support to our area of expertise. The following is our guidelines when providing support: Jobcite provides support related to your website's physical functioning. Jobcite does offer tech support for application specific issues such as cgi programming, html, email, or any other such issue at our hourly rate. Jobcite does offer maintenance contracts to handle most issues. Jobcite does NOT provide technical support for of YOUR customers and/or third party clients. Please feel free to use our contact form to ask us direct questions. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

SPAM and Unsolicited Commercial Email (UCE): Jobcite takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Jobcite may not use or permit others to use our network to transact in UCE. Customers of Jobcite may not host sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to SPAM we reserve the right to occasionally sample bulk email being sent from servers.

Violation of Jobcite's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Jobcite will initiate an immediate investigation (within 48 hours of notification). During the investigation, Jobcite may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Jobcite may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Jobcite reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Jobcite will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of at least $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of at least $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Jobcite personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Jobcite network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE: Any website or service that supports spammers or cause any of our IP space to be listed in any of the various SPAM Databases will have their website immediately removed from our network. The website will not be reconnected unless it is determined, at the discretion of Jobcite, that the offending material was accidental. All other violations, including second-time offenders, will result in immediate and permanent removal of the website from our server without notice to the customer.

Network

IP Address Ownership: If Jobcite assigns Customer an Internet Protocol (herein referred to as IP) address for a customer's use, the right to use that IP address shall belong only to Jobcite, and the customer shall have no right to use that IP address except as permitted by Jobcite in its sole discretion in connection with the services, during the term of this Agreement. Jobcite shall maintain and control ownership of all IP numbers and addresses that may be assigned to the customer by Jobcite, and Jobcite reserves the right to change or remove any and all such IP numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses are limited by our server housing's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible..

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the services ordered by the customer. Jobcite will monitor our customer's bandwidth and disk usage. Jobcite shall have the right to take corrective action if the customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, or termination of this Agreement, which actions may be taken is in Jobcite's sole and absolute discretion. If Jobcite takes any corrective action under this section, the customer shall not be entitled to a refund of any fees paid in advance prior to such action. Bandwidth usage is measured on a calendar month basis. Both incoming and outgoing traffic are counted. In the event that a customer exceeds the included allocation, Jobcite may, at its sole discretion, require a payment in the amount of $1.00 per GB. Unused bandwidth allocations cannot be carried over to future months, or applied to other website hosting.

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

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

Jobcite is under no duty to look at each customer's or user's activities to determine if a violation of the AUP and/or TOS has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which Jobcite determines to have violated any element of the AUP and/or TOS, shall receive an email, warning them of the violation. The service may be subject, at Jobcite's sole discretion, to a temporary suspension (pending a User's agreement in writing, to refrain from any further violations) or permanent termination of service.

Second Violation: Users that Jobcite determines to have committed a second violation of any element of the AUP and/or TOS shall be subject to immediate termination of service without further notice.

Suspension of Service or Cancellation: Jobcite reserves the right to suspend network access to any customer if in the judgment of the Jobcite network administrators that the customer's website is the source or target of the violation of any of the other terms of the AUP and/or TOS or for any other reason which Jobcite chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Subscriber will not be credited for the time the customer's website(s) were suspended.

Revisions to the AUP and TOS:Jobcite reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate termination. You will be held responsible for the actions of your clients and/or third party clients in the matter described on theAUP and TOS. Therefore, it is in your best interest to implement a similar or stricter AUP and TOS.

Indemnification: Jobcite wishes to emphasize that in agreeing to the Jobcite AUP and TOS, customer indemnifies Jobcite for any violation of the AUP and TOS that results in loss to Jobcite or the bringing of any claim against Jobcite by any third-party. This means that if Jobcite is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Jobcite, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by Jobcite of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

The customer shall not transfer or assign this Agreement without the prior written consent of Jobcite. Company may assign Agreement at anytime without consent from or notice to the customer. Jobcite reserves right to cancel customers rights under this contract at anytime without further obligation.

Jobcite takes no responsibility for any material input by others and not posted to the Jobcite Network by Jobcite. Jobcite is not responsible for the content of any other websites linked to the Jobcite Network; links are provided as Internet navigation tools only. Jobcite disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. Jobcite can only take responsibility for material input by our customers. Please see the AUP for additional knowledge on what links are not allowed.

Jobcite is not responsible for any damages your business may suffer. Jobcite does not make implied or written warranties for any of our services. Jobcite denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Jobcite.

It is absolutely forbidden to host pornographic content. Please see the AUP for additional knowledge on what websites are not allowed.

Responsibility for Content: You, as our customer, are solely responsible for the content stored on your website.

Third Party Software: Jobcite may, at its sole discretion, install third party software to improve your website. If the software causes any problems for any other customer, the software will be immediately removed without warning. Any software installed will be charged an installation fee at least the amount of our hourly rate. Unless otherwise notified, customer understands that product support for Third Party Software is provided by Jobcite and not by the Third Party Vendor. Neither Jobcite nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Software. Customer expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from Jobcite or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Jobcite nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and Jobcite with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements.

Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.