By and
between JL INTERNET SERVICES the Web Hosting customer,
who will be referred to in this document as "Customer".
The parties agree to the following, which shall apply
during the term of this agreement:
1. DEFINITIONS:
A. "Plans" means proposals for offering
various services to be provided by JL INTERNET SERVICES,
as listed online at: http://www.jlinternet.com/Web_Hosting_Plans.html
B. "Customer" means
an end user who is utilizing Web Hosting services provided
by JL INTERNET SERVICES.
2. PRICES
All prices for Plans provided by JL INTERNET SERVICES
to Customer are US dollars.
3. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by JL INTERNET
SERVICES. An order will be deemed accepted by
JL INTERNET SERVICES when written (e-mail) confirmation
of the order is sent to Customer. JL INTERNET SERVICES
may refuse to accept or delay acceptance of any order
for any reason.
B. Payment and Terms: Payment
shall be made in US dollars to JL INTERNET
SERVICES. Payments are due upon account activation and
future renewal. If due to bank charges, transfer fees,
or the like, JL INTERNET SERVICES should receive less
than its invoice amount, JL INTERNET
SERVICES will re-invoice Customer for the shortfall.
Should payment in full of any invoice (aside from such
shortfalls) not be received by JL INTERNET SERVICES
within thirty (30) days after activation or renewal,
JL INTERNET SERVICES may discontinue,
withhold, or suspend services to Customer.
4. DUTIES OF JL
INTERNET SERVICES
JL INTERNET SERVICES
will acquire an Internet Domain Name (from any valid
Domain Registration Company) on behalf of the Customer,
as specified. Any costs of JL INTERNET SERVICES
in obtaining or maintaining a domain name for Customer
shall be immediately reimbursed to JL
INTERNET SERVICES upon invoice from JL INTERNET SERVICES
to Customer. JL INTERNET SERVICES does not warranty
that it's registration services are successful, whether
a domain is actually acquired or reserved on behalf
of Customer. Under no circumstances will JL INTERNET
SERVICES be held reliable for losses or damages suffered
by Customer resulting from delays in the registration
process or failure to acquire such said intellectual
property.
5. LIMITATION OF JL INTERNET SERVICES's
OBLIGATIONS AND LIABILITY
A. JL INTERNET SERVICES will utilize its best
efforts to maintain acceptable performance of services
contracted for, but JL INTERNET SERVICES
makes absolutely no warranties whatsoever, express or
implied, including warranty of merchantability or fitness
for a particular purpose. JL INTERNET SERVICES cannot
guarantee continuous service, service at any particular
time, or integrity of data stored or transmitted via
its system or via the Internet. JL INTERNET
SERVICES will not be liable for the inadvertent disclosure
of, or corruption or erasure of, data transmitted or
received or stored on its system. JL INTERNET SERVICES
shall not be liable to Customer for any claims or damages
which may be suffered by Customer, including, but not
limited to, losses or damages of any and every nature,
resulting from the loss of data, inability to access
Internet, or inability to transmit or receive information,
caused by, or resulting from, delays, non-deliveries,
or service interruptions whether or not caused by the
fault or negligence of JL INTERNET SERVICES.
B. JL INTERNET
SERVICES may discontinue servicing any Plan, or may
require fulfillment of conditions JL INTERNET SERVICES
may choose to impose as a prerequisite for continuing
to service any Plan. JL INTERNET SERVICES
agrees to provide Customer with reasonable notice via
e-mail or fax of any such intent to discontinue or impose
conditions unless it is determined that such notice
would cause harm to JL INTERNET SERVICES. The following
activities are specifically not allowed by
JL INTERNET SERVICES and will result in IMMEDIATE
account termination: Running ADULT web sites, Running
HATE web sites, participation in undirected bulk e-mail
delivery (SPAMMING) either through the use of our mail
servers or not, GAMBLING web sites, or any sites promoting
or participating in ILLEGAL activities.
C. JL INTERNET
SERVICES's liability to Customer, and any end user of
any Plan or other JL INTERNET SERVICES services is limited
to the amount paid to and received by JL
INTERNET SERVICES for services not accepted. In no event
shall JL INTERNET SERVICES be liable to Customer, or
any end user or any other entity for any special, consequential,
or other damages, however caused, whether for breach
of contract, negligence or otherwise, even if
JL INTERNET SERVICES has been advised of the
possibility of such damage.
D. Customer will take all necessary
measures to preclude JL INTERNET SERVICES from being
made a party to any lawsuit or claim regarding JL INTERNET
SERVICES services provided to any Customer or end user.
Customer hereby agrees to indemnify and hold harmless
JL INTERNET SERVICES from any and all claims of whatever
nature brought by any of Customer's customers against
JL INTERNET SERVICES in excess of the remedy set forth
in paragraph 5(C) .
6. PROPERTY RIGHTS
JL INTERNET SERVICES owns all rights, titles and interests
in JL INTERNET SERVICES's trade names, service marks,
inventions, copyrights, trade secrets, patents, and
know-how relating to the design, function, or operation
of Plans and of the hardware and software systems and
resources necessary to provide the individual service
elements of which they consist. This agreement does
not constitute a license to Customer to use JL INTERNET
SERVICES's trade names or service marks. The use by
Customer of the other property rights mentioned here
is authorized only for the purposes of marketing and
selling Plans.
7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship
with JL INTERNET SERVICES hereunder, it may have access
to certain information and materials relating to JL
INTERNET SERVICES's business, plans, customers, software,
and marketing strategies that is confidential and of
substantial value to JL INTERNET SERVICES, which value
would be impaired if such information were disclosed
to third parties. Customer agrees that it will not use
in any way for its own account nor for the account of
any third party, nor disclose to any third party, any
such information revealed to it by JL INTERNET SERVICES.
Customer further agrees that it will take every reasonable
precaution to protect the confidentiality of such information.
In the event of termination of this agreement, there
shall be no use or disclosure by the Customer of any
such confidential information in its possession, and
all confidential materials shall be returned to JL INTERNET
SERVICES or destroyed. The provisions of this section
shall survive the termination of the agreement for any
reason. Upon any breach or threatened breach of this
section, JL INTERNET SERVICES shall be entitled to injunctive
relief, which relief shall not be contested by Customer.
8. RELATIONSHIP OF THE PARTIES
The relationship between JL INTERNET SERVICES and Customer
is that of vendor and vendee. They shall not be construed
as being joint ventures, franchiser/franchisee, or employer/employee.
This agreement is a commercial agreement between businesses,
not a consumer agreement. Customer has no authority,
apparent or otherwise, to contract for or on behalf
of JL INTERNET SERVICES, or in any other way legally
bind JL INTERNET SERVICES in any fashion, nor shall
Customer be authorized to make any representations about
JL INTERNET SERVICES or its services other than to set
forth JL INTERNET SERVICES's responsibilities as outlined
in this agreement.
9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by JL INTERNET
SERVICES in Virginia. It is to be governed by and construed
under the laws of the State of Virginia and the United
States of America. The federal and state courts of the
State of Virginia shall have exclusive jurisdiction
to adjudicate any non-arbitral dispute arising out of
this agreement. Customer hereby expressly consents to
(1) the jurisdiction of the courts of Virginia and (2)
service of process being effective upon it by registered
mail sent to the address set forth at the beginning
of this document, as may be changed from time to time
by written notice actually received by JL INTERNET SERVICES.
To the extent permissible by the law of Customer's jurisdiction,
Customer waives any requirement that service of process
or of any documents be made upon it pursuant to the
provisions of the Hague Convention.
10. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding
between the parties and merges all prior discussion
between them. JL INTERNET SERVICES may make changes
to this agreement upon thirty (30) days' written notice
to Customer, advising of the change and the effective
date thereof. Utilization of JL INTERNET SERVICES services
by Customer and/or its Customers following the effective
date of such change shall constitute acceptance by Customer
of such change(s). Otherwise, this agreement may not
be modified except by the of written consent of both
parties.
To this end the parties
agree as follows:
Principles Governing
Acceptable use of the Internet by the Customer
Responsibility and
Respect - The Internet is a network intended for
use by mature, adult users. The Customer recognizes
this principle and undertakes at all times to act with
respect, courtesy and responsibility, giving due regard
to the interests and rights of other Internet users.
This general guideline carries with it the following
specific responsibilities:
a) Knowledge of the
Internet - The Customer agrees to obtain a basic
knowledge of the Internet and it’s operating principles
and procedures.
b) Improper Uses
- The Customer will avoid violation of certain generally
accepted guidelines on Internet usage such as restrictions
on mass mailings and mass advertisements, pirating or
copying of software, mail bombing or other methods of
attempting to deny service or access to other users,
and attempts to violate security.
c) Unsolicited Commercial
Email - We strictly prohibits Unsolicited Commercial
Email, also known as "spam". This includes
using our network to distribute unsolicited bulk email
from your site on our servers or using any outside network
to send bulk email advertising your site on the Vendor
servers. the Vendor reserves the right to immediately
terminate any customer account associated with unsolicited
email and no refund will be issued for any unused service
fees.
d) Compliance with
Laws - The Customer will ensure that their use of
the Internet complies with all applicable federal, state
and local law and regulation, including but not limited
to those principles of law which protect against compromise
of copyrights, trade secrets, proprietary information
and other intellectual property rights, libel or defamation
of character, invasion of privacy, tortuous interference,
and export of technical or military data to prohibited
countries.
e) Validation of Information
- The Customer is responsible for validating the integrity
of the information and data it receives or transmits
over the Internet.
f) Security -
The Customer is required to protect the security of
its Internet account and usage. The Customer(s) password
will be treated as private and confidential and not
disclosed to or shared with any third parties.
g) Discretion and
Judgment - The Customer is expected to use discretion
in the treatment and handling of Internet information
and data and to take particular care to insure that
adult information is not transmitted to juvenile users
of the Internet.
h) Pornography
- Due to legal and social issues, we will not accept
any customers who publish, store or otherwise process
pornographic material. If an existing customer violates
this principle, the Vendor reserves the right to immediately
terminate the Customer's account and no refund will
be issued for any unused service fees. Material deemed
to be pornographic is the sole discretion of the Vendor,
with due regard to the laws of Virginia.
i) Excessive Service
Usage - Customers are restricted from using excessive
amounts of CPU processing, network bandwidth or other
shared resources provided by the Vendor. Judgments of
excessive usage are determined solely by the Vendor
and will be considered in comparison to other the Vendor
customers using similar services. the Vendor will contact
customers with resource intensive requirements and attempt
to accommodate such needs. In the case that an agreement
cannot be made to the satisfaction of both the Vendor
and the customer, and that the customer continues to
use excessive resources, the Vendor reserves the right
to immediately terminate any customer account associated
with excessive resource usage.
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