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Jers-Web, Incorporated reserves the right to change this Policy at any time, so please, check this page at least once a month or when in doubt. Jers-Web, Incorporated strives to provide the best possible service to all of our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Jers-Web, Incorporated customers and us against such harm.
Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes renewals. Bills or Invoices may be sent by postal mail, fax, or electronic mail. Billing cycles are based on the date that you sign up. You will be billed on or about that date every month. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.
We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months refunds). Cancellation Terms only apply to cancellation by the client. If cancellation is done by Jers-Web, Inc., due to restrictions violation, there will be no refund. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Jers-Web, Inc., reserves the right to change prices at any time.
Hosting Account Cancellation:
You may cancel at anytime. Phone requests will not constitute acceptance of any cancellation. To cancel your account, please contact Hosting Support via our Contact Us page. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from Jers-Web, Incorporated that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced or charged.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.
Indemnification Policy:
You agree to use all Jers-Web, Inc., services and facilities at your own risk. Jers-Web, Inc., specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Jers-Web, Inc., be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Jers-Web, Inc., harmless from any and all demands, liabilities, losses, costs and claims, including any attorney's fees asserted against Jers-Web, Inc., its agents, its customers, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Jers-Web, Inc., against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with Jers-Web, Incorporated's server;
- any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement and
- any defective products sold to customer from Jers-Web, Incorporated's servers.
Jers-Web, Inc., shall be the sole judge of what violates this Policy. Regardless of the client's locale, for purposes of venue, it is agreed that this contract is entered into in Marion County, Ohio, and any dispute will be litigated or arbitrated in Marion County, Ohio.
SPAM Policy:
Jers-Web, Inc., is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Jers-Web, Inc., network, by customers or any other users of the Jers-Web, Inc., network (including customers' customers); AND/OR over ANY network - if the message sent advertises or mentions a site hosted on the Jers-Web, Inc., server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups, posting obscene or threatening messages while using or referring to a Jers-Web, Inc., email address or web site URL is prohibited. The use of Jers-Web, Inc., servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $650.
If you have any complaints or comments regarding Spam on our network, please direct them to our Abuse Department via our Contact Us page.
Content Policy:
All services provided by Jers-Web, Inc., may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Jers-Web, Inc., from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all Jers-Web, Inc., servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Jers-Web, Inc., will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity (including, but not limited to terrorism, hate crimes, drug use or paraphernalia, or do-it-yourself bombs) or present content that may be damaging to Jers-Web, Inc., servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.
Jers-Web, Inc., will be the sole arbiter as to what constitutes a violation of this provision.
Email Policy:
Jers-Web, Inc., may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 25 email addresses or more than 10 news groups.
CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other Jers-Web, Inc., customers. You will be notified in 24 hours about offending cgi scripts. No chat room or similar scripts allowed, except as supplied via the control panel, which has been chosen based on it not being resource intensive.
Chat Policy:
Jers-Web, Inc., does not allow chat rooms. You can however link your site to a chat provider. Some examples of chat providers are: www.humanclick.com, www.liveperson.com, and www.livehumanhelp.com. You may also use the chat script supplied via the control panel, which has been chosen based on it not being resource intensive.
Banned scripts and script categories:
Due to various reasons (mostly because some scripts are excessively resource intensive), the following scripts are not allowed to be used under any circumstances. If they are found to be in use, the user in question's account will be suspended until the script is removed.
- UltimateBBS (all versions)
- Ikonboard (all versions)
- IRC Egg Drops
- Proxy Servers
- nph-proxy
- The Anonymizer
- any soap mailers
Traffic Policy:
Jers-Web, Inc., allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Jers-Web, Inc., customers are discouraged from storing any files that cause excessive traffic on Jers-Web, Inc., servers. Please contact Jers-Web, Inc., Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. We encourage our users to make use of the .htaccess methods available to them to prevent Bandwidth Theft to ensure that they do not exceed their limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. Any deliberate attempt to cause damage to Jers-Web, Inc., or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $8.00 for each gig of traffic exceeded. You will NOT be charged for transfer that you use beyond our generous data transfer limits without prior notification. You can monitor your transfer at anytime in your Control Panel.
Backups:
Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content and information. The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Jers-Web, Inc., we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Jers-Web, Inc., will attempt to recover the data from the most recent archive for a $75.00 fee.
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