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Terms and Conditions
Acceptable usage Policy.
Jack Web Design and its affiliates provide to business and consumer users several
information technology related services, including such services (but
not limited to) as Internet access, various electronic mail (e-mail) packages
and services, Web site Design, World Wide Web hosting arrangements, server co-location
and other online and Internet-related services.
All customers on the shared hosting plans will abide to the following
terms. Failure to due so may result in immediate cancelation of your account
without obligation to refund any payments. Changes may be made to the
AUP (Acceptable Usage Policy) at any time. By entering into the use of our services you agree to all these terms and conditions.
It is contrary to Jack Web Design policy for any user of any of these services
to effect or participate in any of the following activities through an
Jack Web Design provided service:
1. To post ten (10) or more messages similar in content to Usenet or
other newsgroups, forums, e-mail mailing lists or other similar groups
or lists.
2. To post to any Usenet or other newsgroup, forum, e-mail mailing list
or other similar group or list articles which are off-topic according
to the charter or other owner-published FAQ or description of the group
or list.
3. To send unsolicited e-mailings (also known as SPAM or UCE) to more
than twenty-five (25) e-mail users, if such unsolicited e-mailings could
reasonably be expected to provoke complaints.
4. To falsify user information provided to Jack Web Design or to other
users of the service in connection with use of an Jack Web Design service.
5. To engage in any of the foregoing activities by using the service of
another provider, but channeling such activities through an Jack Web Design
account, re-mailer, or otherwise through an Jack Web Design service or
using an Jack Web Design account as a mail-drop for responses or otherwise
using the services of another provider for the purpose of facilitating
the foregoing activities if such use of another party's service could
reasonably be expected to adversely affect an Jack Web Design service.
6. To use Jack Web Design services for illegal activities and activities
harmful to others computers, data, software or networks including but
not limited to hacker activities, virus creation and distribution, denial
of services attacks, e-mail bombs etc.
7. To use Jack Web Design services to post the following on the Internet
or other private networks
7.1. Copyright, trademark, patent, trade secret or other intellectual
property infringement, including but not limited to offering pirated computer
programs or links to such programs, serial or registration numbers for
software programs, copyrighted music, copyrighted images; copyrighted
texts etc.
7.2. Displaying material that exploits children under 18 years of age.
7.3. Displaying material containing nudity or pornographic material of
any kind.
7.4. Providing material that is offensive to the online community, including
but not limited to profanity, bigotry, prejudice, racism, hatred, etc.
7.5. Promoting or providing information about illegal activities, promoting
physical harm or injury against any group or individual, or promoting
any act of cruelty to animals.
7.6. Defaming any person or group.
7.7. Promoting or soliciting for participation in multilevel marketing
or pyramid schemes.
7.8. Gathering personally identifiable information for unlawful purposes.
8. Jack Web Design may only be used for lawful purposes. Any use of these
services which violates any local, state, federal, or international laws
which may apply to Jack Web Design, your local jurisdiction, or any jurisdiction
that you or your site may be subject to is strictly prohibited.
9. You agree to indemnify, defend, and hold harmless Jack Web Design from
any and all liability, penalties, losses, damages, costs, expenses, attorneys'
fees, causes of action or claims caused by or resulting directly and/or
indirectly from your use of the service which damages either you, Jack
Web Design, or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to all issues
associated with your account with Jack Web Design.
10. Jack Web Design reserves the right to refuse or discontinue service
to anyone at our sole discretion. Jack Web Design may deny you access
to all or part of the service without notice if you, or a third party
acting on your behalf, engages in any conduct or activities that Jack
Web Design in its sole discretion believes violates any of the terms and
conditions in this agreement.
11. Jack Web Design shall have no responsibility to notify any third-party
providers of services, merchandise, or information, nor any responsibility
for any consequences resulting from such discontinuance or lack of notification.
12. Jack Web Design reserves the right to refuse to post or to remove
any information or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this agreement.
13. Jack Web Design accounts and addresses are the sole property of Jack
Web Design and may not be resold under any circumstances. In the event
that a Jack Web Design account is resold, you agree to pay Jack Web Design
the amount collected for the resale of the account plus unspecified damages.
Any accounts found to be "up for sale" will be terminated at
Jack Web Design's discretion.
14. Jack Web Design makes no warranties or representations of any kind
for the services being offered. The service is provided on an "as
is" and "as available on best effort" basis without warranties
of any kind, either express or implied, including but not limited to warranties
of title, noninfringement, or implied warranties of merchantability or
fitness for a particular purpose. No advice or information given by Jack
Web Design or its agents or employees shall create a warranty.
15. Servers may be taken offline for periods of time for software upgrades,
OS upgrades and patching, hardware diagnosing and hardware upgrades, deemed
as needed. Jack Web Design will notify customers, when possible of such
outages.
16. Jack Web Design provides no warranty that the service will be uninterrupted
or error-free. We assume no liability, expressed or implied, for any downtime
for any reason.
17. If you are dissatisfied with Jack Web Design or any of its terms,
conditions, rules, policies, guidelines, or practices, your sole and exclusive
remedy is to discontinue using the service. There are no refunds.
18. You assume total responsibility and risk for your use of Jack Web
Design and the Internet. It is solely your responsibility to evaluate
the accuracy, completeness, and usefulness of all opinions, advice, services
and other information, and the quality and merchantability of all merchandise
provided through Jack Web Design.
19. Jack Web Design reserves the right to monitor any and all communications
through or with our facilities. You agree that Jack Web Design is not
considered a "secure communications medium" for the purposes
of the ECPA, and that no expectation of privacy is afforded.
20. You agree that you as the person legally responsible for use of this
account, are at least 18 years of age or have your parent's or legal guardian's
permission before using our service.
21. You agree to adhere to these system policies as published online at
along with any documents specifically linked with that document and mentioned
as part of system policy, including restrictions on services available
with each account type, restrictions on certain features, and all other
policies designed to protect and enhance the quality and reliability of
service at Jack Web Design. You agree to abide by any and all future Jack
Web Design decisions.
22. Your use of the service is solely at your risk. Jack Web Design is
not responsible for files and data residing on your account. You agree
to take full responsibility for files and data transferred and to maintain
all appropriate backup of files and data stored on our servers.
23. Jack Web Design will immediately terminate any account which it believes,
in its sole discretion, is transmitting or is otherwise connected with
any spam or other unsolicited e-mail. In addition, because damages are
often difficult to quantify, you agree to pay Jack Web Design liquidated
damages of US$5.00 for each piece of spam or unsolicited e-mail transmitted
from or otherwise conencted with your Jack Web Design account, or Jack
Web Design's actual damages, whichever is greater, in addition to any
fees previously mentioned in this agreement.
24. Except as otherwise provided in this agreement, you agree that we
may revise the terms and conditions of this agreement and/or change part
of the services provided under this agreement at any time. Any such revision
or change will be binding and effective immediately upon posting of the
revised agreement or change to the services on Jack Web Design's web site,
or upon notification to you by e-mail or postal mail. You agree to periodically
review our web site, including the current version of this agreement available
on our web site, to be aware of any such revisions.
25. This agreement supersedes any written, electronic, or oral communication
you may have had with Jack Web Design or any agent or representative thereof,
and constitutes the complete and total agreement between the parties.
26. If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and effect
and said provision shall be reformed only to the extent necessary to make
it enforceable.
Jack Web Design considers the above practices to constitute abuse of our
service and of the recipients of such unsolicited mailings and/or postings,
who often bear the expense. Therefore, these practices are prohibited
by Jack Web Design's terms and conditions of service. Engaging in one
or more of these practices will result in termination of the offender's
account and/or access to Jack Web Design services.
In addition, Jack Web Design reserves the right, where feasible, to implement
technical mechanisms which block multiple postings as described above
before they are forwarded or otherwise sent to their intended recipients.
In addition to these activities, Jack Web Design's terms and conditions
of service also prohibit other forms of abuse such as harassment and the
posting of illegal or unlawful materials, and Jack Web Design will respond
as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit Jack Web
Design's actions or remedies in any way with respect to any of the foregoing
activities, and Jack Web Design reserves the right to take any and all
additional actions it may deem appropriate with respect to such activities,
including without limitation taking action to recover the costs and expenses
of identifying offenders and removing them from the Jack Web Design service,
and levying cancellation charges to cover Jack Web Design's costs in the
event of disconnection of dedicated access for the causes outlined above.
In addition, Jack Web Design reserves at all times all rights and remedies
available to it with respect to such activities at law or in equity.
If you have any questions regarding this Policy, please contact support@jackwebdesign.com.
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