General Terms of Service
Whereas, JMJ Marketing Services is an information provider connected to the Internet JMJ Marketing Services offers storage and transfer services over the Internet through access to its Web Server;
Whereas, Customer seeks to utilize JMJ Marketing Services’s server for its own purposes;
Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, JMJ Marketing Services can make no guarantee that any given reader shall be able to access JMJ Marketing Services’s server at any given time.
JMJ Marketing Services represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- If the customer wishes to cancel JMJ Marketing Services Hosting services within ninety-seven (7) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
- Services provided by 3rd parties and JMJ Marketing Services partners are not part of the 7-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the email or support ticket. After the first 7 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
- “7-Day Money-Back Guarantee” offer only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances.
- Violations of JMJ Marketing Services’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at JMJ Marketing Services’s discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any JMJ Marketing Services account may, at JMJ Marketing Services’s discretion, result in immediate and permanent disablement.
- JMJ Marketing Services Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or JMJ Marketing Services Web Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide JMJ Marketing Services Web Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of JMJ Marketing Services Web Hosting. JMJ Marketing Services Web Hosting shall make no effort to validate this information for content, correctness or usability.The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of JMJ Marketing Services Web Hosting to provide this knowledge or Customer Support outside of the defined service of JMJ Marketing Services Web Hosting.
- JMJ Marketing Services Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- JMJ Marketing Services Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- JMJ Marketing Services Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to JMJ Marketing Services’s customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by JMJ Marketing Services is grounds for termination of all services.
- JMJ Marketing Services Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. JMJ Marketing Services Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of JMJ Marketing Services Web Hosting is at the Customer’s own risk, and JMJ Marketing Services Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with JMJ Marketing Services’s services represents the maximum achievable speed. JMJ Marketing Services does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). JMJ Marketing Services Web Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- JMJ Marketing Services Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, JMJ Marketing Services Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on JMJ Marketing Services Web Hosting’s Server. JMJ Marketing Services Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of JMJ Marketing Services Web Hosting. If the Customer fails to modify the material, as directed by JMJ Marketing Services Web Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
Trademarks & Copyrights
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
Hardware, Equipment, & Software
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access JMJ Marketing Services Web Hosting.
- JMJ Marketing Services Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the JMJ Marketing Services Web Hosting service.
- The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. JMJ Marketing Services Web Hosting will accept termination by electronic mail. Notwithstanding the above, JMJ Marketing Services Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. JMJ Marketing Services Web Hosting reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of JMJ Marketing Services Web Hosting’s Server is at Customer’s sole risk. Neither JMJ Marketing Services Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that JMJ Marketing Services Web Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the JMJ Marketing Services Web Hosting Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall JMJ Marketing Services Web Hosting, its offices, agents or any one else involved in creating, producing or distributing JMJ Marketing Services Web Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the JMJ Marketing Services Web Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to JMJ Marketing Services Web Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on JMJ Marketing Services Web Hosting’s Server service.
- Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- You may not change/submit a promo code or referrer after you’ve finished signing up.
- Promo codes/referrers are for new customers only — if you use one you may not host on your account any domain ever previously hosted with JMJ Marketing Services.
- Customer agrees that it shall defend, indemnify, save and hold JMJ Marketing Services Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against JMJ Marketing Services Web Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless JMJ Marketing Services Web Hosting against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with JMJ Marketing Services Web Hosting’s Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on JMJ Marketing Services Web Hosting Server.
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from JMJ Marketing Services under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, JMJ Marketing Services from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.
Customer agrees to abide by the terms set forth in this document as well as other JMJ Marketing Services policy documents including, but not limited to:
Customer also agrees to abide by all applicable Terms set forth by all JMJ Marketing Services partners and subsidiaries.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of JMJ Marketing Services Web Hosting.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.