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Terms & Conditions

The purpose of this agreement is to set the terms and conditions for JC Video to provide Website Hosting for the client. Additional or existing hosting services can be added or activated although additional servers, bandwidth and set-up costs may be charged.

HOSTING FEES - MONTHLY
Hosting is defined as storing of files that a website consists of, database tables, and the internet connection that makes those files available to the public. Connection uptime is guaranteed at 99%. A credit card is required on file for automatic billing.

WEBSITE MAINTAINENCE FEES - HOURLY
Maintenance includes assisting with content, updating, and troubleshooting the website. Also includes but is not limited to installation and configuration of any additional site features added in the future.

SERVICES PROVIDED

CUSTOM SITE DESIGN & IMPLEMENTATION
JC Video will work with the client to create a website design that is approved by the client. Site design includes the images, code, and appearance of features that are used in the site interface. Designs will be created using an interchangeable template system for portability and ease of maintenance.

JC Video will also work with the client to achieve an easily navigable site structure that allows easy access to all areas of the site. JC Video will be responsible for initial creation / configuration of all site features outlined above.

NETWORK AVAILABILITY
Network Availability is defined as the ability to pass incoming and outgoing TCP/IP traffic through the company's network. Network downtime exists when a particular customer is unable to transmit and receive data and is measured from the time the trouble ticket it opened. Site Stream Studios guarantees that its network and supporting infrastructure will be available 99% of the time in a given month, excluding scheduled maintenance and/or application updates.

Server room is protected from power loss by natural-gas powered generator backup to ensure that even in major loss of power that all systems can keep running efficiently. JC Video is not responsible for network downtime if the downtime is caused by any factor(s) beyond Site Stream Studios' control, including such factors as problems on the backbone of the customer's portion of the network, and denial of service attacks directed at JC Video's servers or JC Video's network.

SCHEDULED MAINTENANCE & APPLICATION UPDATES
To maximize performance, JC Video will perform routine maintenance on the servers and application on a regular basis. We schedule routine maintenance based on the times the application is generally used the least.

DATA INTEGRITY
JC Video employs sophisticated RAID technologies to ensure the integrity of the data on our servers; the data is written to two disks or more simultaneously to prevent data loss in the event of hardware failure.

JC Video will be performing the following backups:
- Daily incremental backup or equivalent/better.
- Weekly tape backup stored in a secure location.

UPTIME MONITORING
We actively monitor all server health and uptime and warn key team members around the clock, 365 days a year of any potential problems before they lead to downtime. Our administrators receive immediate detailed information allowing them to take appropriate action.

TERMS OF SERVICE

Note: If you have already registered a JC Video account but choose to not agree to all or any of the following terms and conditions after reading this agreement in full, please call JC Video accounting to cancel your account.

SERVICE AGREEMENT
You (the JC Video customer and/or user, hereafter collectively referred to as "you") agree to purchase and/or use JC Video services in accordance with the terms and conditions of this Service Agreement ("Agreement").

Stated bandwidth(s) apply only to the customer-to-JC Video router port attachment. No guarantee of end-to-end bandwidth on the Internet is made.
You will use JC Video's services only for lawful purposes. Any transmission or re-transmission of material in violation of any Federal or State laws and/or regulations is expressly prohibited. This extends to include, but is not limited to: any copyrighted materials, materials or communications prohibited by trade secret.
As a customer of JC Video and a user of our services, you (as an individual, and/or officer or agent of a company, and/or company) agree to indemnify and to hold harmless JC Video from ANY and ALL claims resulting from the use of the service which causes damage to you or any other party. JC Video shall not be liable, either in contract or in tort, or for protection from unauthorized access of its customer's transmission facilities or customer-owned equipment on premises, or for unauthorized access to, alteration, theft or destruction of a customer's data files, programs, or information through accident, fraudulent means or devices, or any other method, even should such access occur as a result of JC Video's negligence. JC Video shall not be in any way responsible for claims or damages caused by a customer, through fault, negligence or failure to perform customer's responsibilities, claims against a customer by any other party; any act or omission of any party furnishing services and/or products; or for the installation and/or removal of any and all equipment supplied by any service provider or JC Video.
JC Video will not be responsible for any damages you or your business suffers. JC Video makes NO WARRANTEES OF ANY KIND, EXPRESSED OR IMPLIED, for services we provide. JC Video also DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data resulting from delays, non deliveries, wrong deliveries, and any and all service interruptions caused by JC Video and its employees by its own negligence or your errors or omissions.
Any and all information you obtain through JC Video data network services (public and or private) is at your own risk.
Any and all access to other networks via JC Video must be in compliance with all policies and rules of those networks. This applies to any other network that JC Video attaches to.
Rates: Rates are set forth on the JC Video Internet Service Order Form. JC Video will provide 30 days written notice prior to a change in our base prices. In the event that you do not wish to continue your account paying the changed base price, you, the customer, have 10 days from the date of notification of the effective increase to provide JC Video with a written request to terminate services and incur no termination liability. Otherwise, the existing service will be billed at the new base prices. However, you will continue to be responsible for all charges up to 30 days from the date the JC Video notice was received.
Payment (for Dedicated Accounts only): Installation fees and first and last month's port charges are required to be paid at the time your services are ordered. These fees and charges are non-refundable. Invoices for subsequent months are billed 30 days in advance. Invoices are due in full no later than 35 days after the bill date. After that your service is subject to interruption. If your service is interrupted for non-payment there will be a restoration fee (equal to the installation fee of the service type) to be paid in full and JC Video may take up to 30 days to restore service after payment. This policy will be strictly enforced. If you are not able to meet our payment terms please do not apply for services. You, the customer, will pay all sales and use taxes, as well as duties or levies on products and services.
In the event of default, JC Video may retake possession of any and all hardware and/or software it has supplied you, employees and/or agents (before, during and after any sanctions to recover sums of money). In such a case, you will provide JC Video full and free access to the hardware and/or software for this purpose. JC Video will retain all payments made hereunder, and recover charges you owe as well as any damages JC Video may have sustained due to your default. Title and property rights, including all intellectual property rights to services, are and shall remain with JC Video whether or not they are embedded in any programming, software and/or hardware.
You recognize and acknowledge that any and all JC Video services and/or products, programming and software used hereunder constitute valuable trade secrets of JC Video. You will use your best efforts to protect and keep confidential any and all programming and software used by you, your employees, and/or agents and shall never make any attempt to copy, examine in any way, alter or re-engineer, tamper with, or otherwise misuse such services, programs, hardware, etc.
Term & Termination. This Agreement shall continue in full force and effect for a term of one (1) year from approval by JC Video. Thereafter, the Agreement will automatically renew for additional 30-day periods unless terminated per this paragraph or other provisions of the Agreement. The initial term of this Agreement shall commence with JC Video acceptance hereof (as evidenced by the commencement of JC Video's performance hereunder), and shall continue until either (i) terminated by you by giving and JC Video receiving at least thirty (30) days, but no more than ninety (90) days, written notice of non-renewal to JC Video with termination effective at the end of the applicable term or (ii) terminated by JC Video, with or without cause or reason, and with or without notice. Termination by JC Video for any service results in termination of all services. If this Agreement is terminated by you without proper notice, JC Video will be entitled to recover, and you will pay on demand, any and all losses (including consequential damages and loss of profits, costs, expenses and liabilities) incurred by JC Video in connection with termination.
a. Cancellation (for Dedicated Accounts only): JC Video may cancel and/or terminate service with 30 day written notice to you, the customer, for any reason.
b. Only a written request to terminate service, made in accordance with paragraph 12.c. or 12.d. as applicable to you, relieves you and/or your company from the obligation to pay your charges. An act of default will accelerate payment to be due at once, and any type of credit agreement will be immediately and automatically terminated.
c. Long-term service orders are considered to be anything extending over 3 months in length. To terminate long-term service, a company or an individual must provide JC Video with written notice no earlier than 90 days and no later than 30 days of contract renewal date. There is NEVER a termination charge when a customer upgrades to a higher level of service.
d. To terminate month-to-month service, a company or an individual must provide JC Video with 30 days written notice. There is NEVER a termination charge when a customer upgrades to a higher level of service.
You shall provide all necessary preparations required to comply with JC Video's installation, maintenance and operational specifications. Customers will be responsible for all costs of relocation of service once installed by JC Video and/or its vendors, and will provide JC Video, and its suppliers of communication service and equipment, reasonable access to your premises to perform any acts required by this agreement.
Physical Equipment and/or Software products that are NOT provided by JC Video are the responsibility of the customer, company or individual or both as the limits of the law allows for. JC Video will not be responsible for the installation of and/or service on equipment and/or software not provided by JC Video. All customers are responsible for the use and compatibility of hardware and software not provided by JC Video. In the event that the customer uses hardware and/or software that does impair the customer's use of JC Video services, the customer shall nonetheless be liable for regular payment to JC Video. Upon notice from JC Video that the hardware and/or software not provided by JC Video is causing, or in the sole opinion of JC Video, is likely to cause hazard, interference's or service obstruction, the customer shall eliminate the hazard, interference or service obstruction at once. Customers will, if necessary, pay JC Video to troubleshoot problems caused by such equipment and/or software not provided by JC Video. JC Video will not be responsible if any changes in hardware, software or services cause equipment not provided by JC Video to become obsolete, require modification or alteration, or in any other way affect the total performance of JC Video on an end-to-end basis and protect the JC Video backbone network and those networks attached to the JC Video network. In the case of customer-owned hardware and/or software connected to the JC Video network, the customer is totally responsible for any and all service to that equipment. JC Video, at its option, may supply technical services in the form of consulting and/or service to JC Video customers at their request. Such services will be billed out at rates set on the JC Video pricing sheet and/or at rates in effect at the time such services are requested. JC Video has the right to refuse any such technical services at its sole option. On leased telephone lines, no matter who the leasing party is, JC Video must have free and open access to such lines.
JC Video always reserves the right to change its rates and otherwise modify these Terms and Conditions by notifying you 30 days in advance of the effective date of such changes. These Terms and Conditions hereby supersede all previous representations, understanding, or agreements and shall prevail notwithstanding any variance with terms and conditions of ANY and ALL orders submitted.
As a JC Video customer you may not sell, assign or transfer your service order without the prior written consent of JC Video. JC Video may at any time sell, assign or transfer this agreement with no notice.
JC Video will not be responsible for performance of its obligations thereunder where delayed or hindered by war, riots, embargoes, strikes or acts of its vendors and will attempt to notify customers in the event of any of the foregoing occurrences. Should such occurrences continue for more than 90 days, JC Video or its customers may cancel service for the affected services and/or products with no further liability.
The provision of JC Video services and/or products are subject to JC Video's continuing approval of customer credit-worthiness. All JC Video customers shall furnish financial information upon request as JC Video may from time to time choose to re-determine a customer's credit-worthiness.
Any legal action arising out of failure, malfunction or defects in JC Video's services or goods shall be brought within a period of one year of the occurrence or is deemed waived.
If you are declared in default, JC Video will have all rights and remedies provided by law. JC Video may terminate your account and take any physical equipment and/or software products provided by JC Video subject to applicable state law, including the right to enter the premises where the physical equipment and/or software is kept in order to repossess it. You agree to pay JC Video's costs on demand as well as any reasonable attorney's fees and legal expenses incurred as a result of JC Video's exercise of any default remedies under this agreement.
Severability. If any provision of this Agreement is not valid according to the law, all other provisions will remain in force. If any provision is stricken, both parties agree to negotiate a mutually acceptable substitute provision.
Waiver. JC Video's failure to insist upon your complying with any term or provision of this lease or it's waiver of any default shall not be construed as waiving any such term or provision and shall not preclude JC Video from taking action regarding any subsequent default.
Governing laws. This agreement shall be governed by the internal laws of the State of Utah.
THESE TERMS AND CONDITIONS CANNOT BE MODIFIED EXCEPT BY WRITTEN AMENDMENT BY THE PARTIES. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF JC Video HAS THE AUTHORITY TO BIND THE PARTIES TO ANY RESPRESENTATION OR WARRANTY UNLESS SUCH IS SPECIFICALLY INCLUDED IN THESE TERMS AND CONDITIONS, THE JC Video INTERNET SERVICE ORDER FORM OR WITH A WRITTEN AMENDMENT THERETO. NOTICE TO PARTIES OF DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SENT BY REGISTERED MAIL TO THE PARTIES AT THE ADDRESS SHOWN ON THE MOST RECENT SERVICE ORDER. THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF UTAH.
ALL USERS DESIRING CONNECTIVITY ON THE INTERNET ARE SUBJECT TO THE ACCEPTABLE USE POLICY.
JC Video is a member of the Utah division of the Better Business Bureau and is committed to arbitration and mediation.
Use of JC Video services by you as a company and/or an individual constitutes acceptance of these Terms and Conditions in full.

I agree to the Terms & Conditions

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