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JJ
Web Hosting ("The Company") agrees to furnish services to the
Subscriber, subject to the following TOS and Use of Service
constitutes acceptance and agreement to JJ Web Hosting's AUP as well
as TOS.
All provisions of this contract are subject to the TOS (Terms of
Service) of JJ Web Hosting, and AUP (Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company.
Subscriber understands that change to the AUP by the Company shall not
be grounds for early contract termination or non-payment.
- Disclosure to
Law Enforcement: The AUP specifically prohibits the use of our
service for illegal activities. Therefore, Subscriber agrees that
the Company 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 the Subscriber. In addition JJ
Web Hosting shall have the right to terminate all service set forth
in this Agreement.
- Service Rates:
Subscriber acknowledges that the nature of the service furnished and
the initial rates and charges have been communicated to Subscriber.
Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer
is contingent upon Company 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 the
Company of payment of stated charges. Subsequent payments are due on
the anniversary date of the month for that month's service.
- Payments and
Fees: Credit cards that are declined for any reason are subject
to a $15.00 declination fee. Service will be deactivated on
accounts that reach 10 days past due unless prior arrangements are
made. Service deactivated for nonpayment is subject to a $30
reactivation charge. Service will be deleted on accounts that
reach 30 days past due. Re-registration is required for the deleted
service. Accounts that are not collectable by JJ Web Hosting 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. If you
desire to cancel your account, please follow the proper procedure to
do this as outlined in this TOS.
- Refund:
Refund policy on the hosting service being provided is as follows.
A Setup Fee's are NOT refundable. A Refund will be given on the account in the first 30 days after
registration if the TOS is not violated. After such time funds
are non refundable for the remainder of account activation.
- Failure to Pay:
The Company 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 Subscriber of
responsibility for the payment of all accrued charges, plus
reasonable interest and any collection fees.
- Account
Cancellation: The method of cancellation is via emailing of your
JJ Web Hosting account. Please email JJ Web Hosting @
cancellation@JJwebhosting.com and you can request to have your
server or the given Web space cancelled. Be sure to give contact
information as we will only cancel service after verification from
account owner.
You must have all account information to cancel.
- Subscriber
acknowledges 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,
subscriber agrees that the company shall not be liable for any
damages arising from such causes beyond the direct and exclusive
control of the company. Subscriber further acknowledges that the
company'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.
- Support
Boundaries: JJ Web Hosting provides technical support via email
or telephone to our subscribers. We limit our technical support to
our area of expertise.
- SPAM and
Unsolicited Commercial Email (UCE): JJ Web Hosting 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
JJ Web Hosting may not use or permit others to use our network to
transact in UCE. Customers of JJ Web Hosting may not host, or permit
hosting of, sites or information that is advertised by UCE from
other networks. Violations of this policy carry severe penalties,
including termination of service.
- Violation of JJ
Web Hosting's SPAM policy will result in severe penalties. Upon
notification of an alleged violation of our SPAM policy, JJ Web
Hosting will initiate an immediate investigation (within 48 hours
of notification). During the investigation, JJ Web Hosting may
restrict customer access to the network to prevent further
violations. If a customer is found to be in violation of our SPAM
policy, JJ Web Hosting may, at its discretion, restrict, suspend
or terminate customer's account. JJ Web Hosting reserves the right
to pursue civil remedies for any costs associated with the
investigation of a substantiated policy violation. JJ Web Hosting
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 $250 and
your account will be reviewed for possible immediate termination.
A second violation will result in an "Administrative Fee" of $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 JJ
Web Hosting personnel must spend to investigate the matter.
DO NOT SPAM
from
your account.
- As our Customers
are ultimately responsible for the actions of their clients over
the JJ Web Hosting network, it is advisable that Customers develop
a similar, or stricter, policy for their clients.
- Anyone hosting
websites or services on their server or given Web space that
support spammers or cause any of our IP space to be listed in any
of the various Spam Databases will have their account immediately
removed from our network. The server or the given Web space will
not be reactivated until such time that you agree to remove ANY
and ALL traces of the offending material immediately upon
reactivation and agree to allow us access to the server or the
given Web space to confirm that all material has been
COMPLETELY removed. Severe violations may result in immediate
and permanent removal of the server or the given Web space from
our network without notice to the customer. Any server or a given
Web space guilty of a second violation WILL be immediately
and permanently removed from our network without notice.
- Network
- IP Address
Ownership: If JJ Web Hosting assigns Customer an Internet
Protocol address for Customer's use, the right to use that
Internet Protocol address shall belong only to JJ Web Hosting, and
Customer shall have no right to use that Internet Protocol address
except as permitted by JJ Web Hosting in its sole discretion in
connection with the Services, during the term of this Agreement.
JJ Web Hosting shall maintain and control ownership of all
Internet Protocol numbers and addresses that may be assigned to
Customer by JJ Web Hosting, reserves the right to change or remove
any and all such Internet Protocol numbers and addresses, in its
sole and absolute discretion. Our allocation of IP addresses is
limited by new policies. These new 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. We will
periodically review IP address usage, and if we find that clients
are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be
used with name-based hosting.
- 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 Customer. JJ Web Hosting will monitor
Customer's bandwidth and disk usage. JJ Web Hosting shall have the
right to take corrective action if 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 JJ Web Hosting's sole and
absolute discretion. If JJ Web Hosting takes any corrective action
under this section, Customer shall not be entitled to a refund of
any fees paid in advance prior to such action. In the event
that a customer exceeds the included allocation, JJ Web Hosting
may, at its sole discretion, collect a deposit, in an amount
determined by JJ Web Hosting, against customer's credit card on
file with JJ Web Hosting.
- System and
Network Security: Users are prohibited from violating or
attempting to violate the security of the JJ Web Hosting Network.
Violations of system or network security may result in civil or
criminal liability. JJ Web Hosting 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:
- JJ Web Hosting
is under no duty to look at each customer's or user's activities
to determine if a violation of the
AUP has
occurred, nor do we assume any responsibility through our AUP to
monitor or police Internet-related activities.
-
First violation: Any User, which
JJ Web Hosting
determines to have violated any element of this
Acceptable Use Policy,
shall receive an email, warning them of the violation. The service
may be subject at
JJ Web Hosting's
discretion to a temporary suspension pending a User's agreement in
writing, to refrain from any further violations.
- Second
Violation: Users that JJ Web Hosting determines to have committed
a second violation of any element of this Acceptable Use Policy
shall be subject to immediate suspension or termination of service
without further notice.
- We reserve the
right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending
activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's
network, or if denial of service attacks are originating from your
network. In certain rare cases, we may have to do this before
attempting to contact you. If we do this, we will contact you as
soon as is feasible.
-
Suspension of Service or Cancellation:
JJ Web Hosting
reserves the right to suspend network access to any customer if in
the judgment of the JJ
Web Hosting
network administrators the customer's server or the given Web space
is the source or target of the violation of any of the other terms
of the
AUP or for
any other reason which
JJ Web Hosting
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. The customer will not be credited for the time the
customer's machines were suspended.
- JJ Web Hosting
reserves the right to amend its policies at any time. You will be
held responsible for your actions of your users in the matter
described on these Terms and conditions. Therefore, it is in your
best interest to implement a similar or stricter Terms and
conditions or otherwise called Acceptable Terms of use policy when
allowing users to use your web space.
-
Indemnification: JJ Web Hosting wishes to emphasize that in
agreeing to the JJ Web Hosting Acceptable Use Policy (AUP) and Terms
of Service (TOS), customer indemnifies JJ Web Hosting for any
violation of the Acceptable Use Policy (AUP) and Terms of Service
(TOS) that results in loss to JJ Web Hosting or the bringing of any
claim against JJ Web Hosting by any third-party. This means that if
JJ Web Hosting is sued because of a customer's or a customer of a
customer's activity, the customer will pay any damages awarded
against JJ Web Hosting, 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 the
Company 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.
- Subscriber shall
not transfer or assign this Agreement without the prior written
consent of the JJ Web Hosting Company. JJ Web Hosting may assign
Agreement at anytime without consent from or notice to Subscriber.
JJ Web Hosting reserves right to cancel customers rights under
this contract at anytime without further obligation.
- JJ Web Hosting
takes no responsibility for any material input by others and not
posted to the JJ Web Hosting Network by JJ Web Hosting. JJ Web
Hosting is not responsible for the content of any other websites
linked to the JJ Web Hosting Network; links are provided as
Internet navigation tools only. JJ Web Hosting 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.
- JJ Web Hosting
is not responsible for any damages your business may suffer from
Internal or External affects but will work with its customers to
resolve issues where possible. JJ Web Hosting does not make
implied or written warranties for any of our services. JJ
Web Hosting 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 JJ Web Hosting or its providers.
- It is
absolutely forbidden to host pornographic content or IRC servers
on all accounts.
Any account found hosting this material will be subject to
immediate cancellation without refund.
- Responsibility
for Content: You, as a JJ Web Hosting's customer, are solely
responsible for the content stored on and served by your JJ Web
Hosting server or the given Web space account. ANY violations of
these policies will be your responsibility for any such
inappropriate use and any liability and may lead to termination
under above guidelines.
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