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Terms & Acceptable Use Policies
The Internet offers many things to many
people. Some activities, however, create excessive
demands on the servers and their connections to the Internet,
and/or potentially compromise our ability to insure continued
service for all of our customers. We are a private
company and we have a few simple Rules. Therefore,
we do not allow:
- pornographic or obscene material.
- "spamming" or sending of bulk unsolicited email. Please see our
Spam Policy.
- activities that are illegal
- activities that we deem inappropriate, offensive, or in bad taste (i.e. Anti-American or terrorist
content, Anti-Christian Content, etc...)
If your web site plans do not adhere
to these criteria, please feel free to work with the many
other fine web site designers and hosting services that
will be happy to help you with your plans.
Reasonable Limits
We have found most our customers to stay within reasonable
limits. However, JMG Enterprises™ provides web hosting to
many clients, and we have a responsibility to protect each
client and to provide the best services available. The following
policies and terms were designed to ensure these obligations
are met.
Reporting Abuse
Violations of these Acceptable Uses Policies and Terms
of Service should be referred to our Abuse Department on
our Contact Page. All
complaints will be investigated promptly. Serious violations
of terms or conditions can be grounds for immediate account
deactivation without refund.
Content
All services provided by JMG Enterprises™ may be used for
lawful purposes only. Transmission, storage, or presentation
of any information, data or material in violation of any
applicable laws is prohibited. This includes, but
is not limited to: copyrighted material, material we judge
to be threatening or obscene, or material protected by trade
secret and other statute. The subscriber agrees to
indemnify and hold harmless JMG-Enterprises from any claims
resulting from the use of the service which damages the
subscriber or any other party.
No "adult" sites: Pornography and sex-related merchandising
and hate propaganda are prohibited on JMG Enterprises™ servers.
This includes equally sites that link to such content.
If you are unsure whether or not your site falls into this
category feel free to contact us with a description before
signing up for an account or publishing material as an existing
customer. Also prohibited are sites that promote any
illegal activity or present content that may be damaging
to JMG Enterprises™ servers or any other server on the internet.
Links to such materials are also prohibited. JMG Enterprises™
will be the sole arbiter in determining violations of this
provision.
To insure that our server resources are available to all
our customers, we do not permit storage of files for mass
downloading (such as shareware distribution sites) or other
purposes unrelated to presenting content across the Internet.
For example, backup copies of your PC operating system should
not be stored on our servers.
Commercial Advertising - Email
Spamming, or the sending of unsolicited email, from a JMG-Enterprises
server or using an email address or domain that is maintained
on a JMG-Enterprises machine as reference is STRICTLY prohibited.
We also do not allow you to advertise any website hosted
on our servers in an unsolicited email, regardless of the
origin of that email (i.e. even if you do not send the spam
through our servers, or using an email address from a domain
name hosted by us.... if you advertise a website hosted
by us in a spam email, your account will be terminated.
As mandated by our backbone provider, any sites using spam
or selling spam related software or bulk email content will
be terminated. Please see our
Spam Policy for more information.
JMG-Enterprises will be the sole arbiter as to what constitutes
a violation of this provision.
Chat Rooms
Some chat room programs create such a large drain on system
resources that we cannot allow client-supplied chat rooms
without prior approval.
Background Running Programs
CRON JOBs: We may allow programs to run continually in the
background. These are considered on a case-by-case basis
and an extra charge will be incurred based on system resources
used and operational maintenance needed. This is best
accomplished with our Dedicated servers. Please contact
JMG Enterprises™ for more information.
Server Abuse
You must not use a disproportionate of our system's resources.
This includes bandwidth.
You cannot run CGI's in your account FROM another account,
either on our server or not. Any attempt to undermine or
cause harm to a server, or customer of JMG-Enterprises
is strictly prohibited.
Refusal of Service
We reserve the right to refuse, cancel, or suspend service
at our sole discretion.
Billing Procedures
Recurring Billing: When you sign up for a hosting account,
your credit card is charged immediately for your first full
month of web hosting (prorated rate the partial month if
applicable), plus any setup fees. You will then automatically
be charged your monthly hosting fee by the 20th of the preceding
new service month each month thereafter. So if you order
your hosting plan on January 15th, you'll be charged a prorated
rate for the rest of January, then a full month on 20th
of every month thereafter, until such time as you cancel
your hosting account with us. Our pricing structure includes
a discount for annual payments.
Payment Methods: Automatic payment plans
require that you have a credit card to order a JMG Enterprises™
web hosting account. We accept Visa and Master Card.
Acceptance of other payment plans are determined on a case
by case basis at JMG Enterprises's sole discretion.
Cancellation of Service: If you decide you no longer
need or want your web hosting account, you may cancel at
any time. To cancel an account, simply email or fax your
cancellation request to us, and include your name, address,
account username, domain name of the hosting account, and
reason for your cancellation. There will be no further
charges to your credit card from the time that you cancel
your account. Charges already made to your credit
card will not be refunded.
Non-Payment of Service: It is up to you to keep your
account up to date. If your payment is not received on the
due date, your account will be suspended. Suspended accounts
typically remain suspended for a maximum of 30 days, or
until payment is made (when an account is suspended, your
website will not be visible, you will not be able to login,
and any email addresses you created will cease to function.
No information is deleted when an account is suspended).
If payment is not made within 30 days, your account will
be terminated, and all information in your account (files,
emails, etc) will be lost.
Note: Since our billing is recurring and normally
automatic (unless you request different arrangements), the
only reason your account would go unpaid is if your address
or credit card details change, or if there are insufficient
funds in your credit card account. Failure to correct the
problem in a timely manner will result in your account being
suspended.
Account Terminations: Accounts terminated for non-payment
will only be terminated after a suspension period (i.e.
you are given leniency time to correct the issue). However,
accounts that are found to be in violation of our acceptable
use policy, for spamming reasons, or other violations of
our terms of use, particularly when the violation is causing
harm to our equipment, or the accounts of our other customers,
may be terminated immediately without notice or refund.
Chargeback Fees: If you have a problem, TELL
US before you dispute it with the bank! In the event that
your account is suspended due to disputing the charge through
your credit card company, we will incur a chargeback fee
from our payment processor. In the event that you disputed
this charge in error, this chargeback fee will have to be
"taken care of", and you will have to have your recurring
billing re-setup, prior to your account being re-instated.
Either the chargeback fee will have to be reversed by your
bank, and then by our payment processor, OR you will have
to place a new order for your account with a $35.00 surcharge
to cover the chargeback fee. Great care should be taken
prior to disputing a charge, because getting the banks to
reverse the chargeback fees may take several days, resulting
in your account being down for a long period of time. Accounts
suspended due to chargebacks may be terminated immediately,
unless we hear from you within a few days of suspension.
Again, if you have a problem, TELL US before you dispute
it with the bank!
Domain registration and renewal: You are required
to renew your Domain Name Registration.
For a slight fee, we can automatically renew your domain
names for you. Please contact us for more information.
30 Day Money Back Guarantee/Refunds:
For annually paid hosting accounts only. If for whatever
reason you become unsatisfied with our services within the
first 30 days of your account activation, we will refund
your hosting fees, minus the setup fee and prorated time
used. Domain name registration fees cannot be refunded.
Monthly paid accounts will expire after paid month of the
cancellation request. To cancel an account, simply
email or fax your cancellation request to us, and include
your name, address, account username, domain name of the
hosting account, and reason for your cancellation.
If you wish to cancel your account(s) after the 30 days
has expired, we do not refund partial monthly fees.
99% Uptime Guarantee
We guarantee that the network and server where your hosting
account resides will be "available to the internet" at least
99% of the year, excluding scheduled maintenance. If uptime
is not at least 99% in any given 12 month period, then you'll
receive a credit for a free month of web hosting. We cannot
be held responsible for problems resulting from services
or software running in your hosting account, or problems
external to our network and servers. Downtime exists
when you are unable to transmit and/or receive data due
to problems with our network and/or servers, and this downtime
is recorded in our Technical Support ticketing system.
The downtime is measured from the time your trouble ticket
is opened (by using our Technical Support request form),
until the time your account is able to transmit/receive
data.
Limitation of liability: Your use of JMG-Enterprises's
services are at your sole risk. All JMG-Enterprises
services are provided on an "AS IS" basis WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR
PURPOSE.
Except for the 99% uptime guarantee above, JMG-Enterprises
makes no guarantee of availability of service and reserves
the right to change, withdraw, suspend, or discontinue any
functionality or feature of the JMG Enterprises service.
IN NO EVENT WILL JMG ENTERPRISES™ BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE JMG ENTERPRISES'S SERVICES
OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT
LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH
OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF
PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT;
DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE
CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM
OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY RECORD.
JMG Enterprises's liability under any circumstances is limited
to the current month's service charge.
JMG-Enterprises reserves the right to change or amend these
Terms of Service at any time without prior notice.
By
submitting your order to JMG Enterprises™, you signify
your agreement to these Terms of Service.
If you do not agree to these Terms, then please don't
submit an order!
Reporting Abuse: Violations of these Acceptable
Uses Policies and Terms of Service should be reported on
our Contact Page. All complaints will be investigated promptly. Serious
violations of terms or conditions can be ground for immediate
account deactivation without refund.
Resellers
These terms and conditions also apply to resellers and their
customers.
OTHER NOTES & CHARGES:
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Be sure to read our
Spam Policy. We
do not support Spamming.
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Since most clients do not need technical
support beyond the initial setup of their domain hosting
account, the plan prices stated above reflect limited
technical support.
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These Basic Hosting Plans are designed
for Companies and Individuals that do not need much
Technical Support.
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Technical support for Basic Hosting
Plans is available by E-mail or during normal business
hours only.
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From time to time problems do arise
and therefore you (or your webmaster) are responsible
for backing up your site and files at your location.
We do offer a same site location backup service for
a fee. That is, we back up your domain and it
is stored at the same location as the server on another
server.
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Fees apply to support assistance that
does not directly relate to the Server's function.
- Violations of our policies and terms may incur charges
for violations. The following policies by be changed
should be read by those seeking services:
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