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JanssenWeb, LLC ("Company") agrees to provide services to the Subscriber ("Client") subject to the following Terms of Service.
1. Included Services.
Company will provide web site hosting, web design, development services and domain name registration as specified in the Statement of Work.
2. Excluded services.
Excluded are all services, including custom or third party software installation, software maintenance and troubleshooting, software patches and upgrades, custom scripts, etc. that are not specified as in scope in the Statement of Work.
3. Acceptable Use Policy (AUP).
Use of Company's services constitutes acceptance of and agreement to the Acceptable Use Policy (AUP). AUP is available online at http://www.janssenweb.com/?action=aup. AUP is subject to change from time to time at Company's sole discretion.
4. Fees and
Client agrees to pay the fees as specified in the Statement of Work. The setup and hosting fees are billed and due upon the acceptance of this agreement. Other service fees are billed and due within 15 days after completion of the work. The date of the subscription is the yearly account anniversary date, unless changed by mutual agreement. In the event of a modification to the date of subscription a one time adjustment equal to the prorated amount for a fractional year will apply. Payments must be received on or before the due date to ensure uninterrupted services.
5. Term Commitment.
Web hosting and domain name services carry yearly term commitments. Clients that cancel their account before the term commitment has expired will automatically be charged an amount equal to the remaining balance for the services for the entire length of the term (See Cancellations).
6. Actions in the event
Services will not be activated until the initial payment and agreement to the Statement of Work are received by Company. Thereafter, services will be put on hold if the Client fails to pay by the due date. It is the Client's responsibility to make sure that the Company receives the payment due by the payment due date. Returned checks or rejected credit cards may cause an immediate disruption to Client's service. Service will be re-activated only after the Client cures such breach. A reactivation fee of $75 may apply.
Client can cancel at any time for any reason with 30 days notice. If the Client's service is subject to a term commitment the term will accelerate upon cancellation and all fees associated with the entire term commitment will immediately become due in full. Notice must be in writing and must be originated by Client in person. Company will remove all data belonging to the Client from all servers and backup facilities after the cancellation date is confirmed.
Company reserves the right to terminate this agreement at any time with 30 days advance notice. Company may terminate this agreement immediately without notice in the event of a breach of the agreement unless there are specific provisions for curing this breach and these provisions are met by the Client.
Amounts due and collections.
Termination and/or cancellation of the service does not affect the obligation of Client to pay any and all outstanding balances and does not prevent Company from using all legally available means of collecting any and all outstanding balances. A late fee of 1% per month (or maximum permitted by law) may be added to the balance. Company reserves the right to charge attorney's fees and collection fees in addition to that.
All payments to Company are non refundable. Client can dispute a charge by notifying Company about the disputed amount. Client will receive a response within 10 business days. Should Company validate the claim Client's account will be credited with the validated amount.
11. Cut-off period for claims.
All bills are final after 90 days. Client will have no right to dispute any amounts after 90 days from the date of each invoice.
Services are provided "as is" and Company does not promise and does not guarantee fitness for any particular purpose, nor does Company guarantee uninterrupted services. Company does not make any implied or written warranties.
13. Limited liability.
COMPANY SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE> ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, COMPANY WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE.
14. Technical Support.
E-mail support is available at email@example.com or via the JanssenWeb SiteManager control panel.
15. Excluded support.
Company will not support Client's customers.
16. No excuse.
Client will make sure to impose and enforce the same or stricter requirements to his customers (if any) and users. Company will not excuse Client for violations of the terms herein or the AUP by Client's customers or users.
Anti SPAM provisions.
Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over Company's network. Clients may not use or permit others to use Company's network to transact in UCE. Client may not host sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam Company reserves the right to occasionally sample bulk email being sent from servers. Upon notification of an alleged violation of Company's SPAM policy, Company will initiate an immediate investigation (within 5 business days of notification). During the investigation Company may restrict Client's access to the network to prevent further violations. If Client is found to be in violation of Company's SPAM policy, Company may, at its sole discretion, restrict, suspend or terminate Client's account. Further, Company reserves the right to pursue civil actions for any costs associated with the investigation of a substantiated policy violation. Company will notify law enforcement officials if the violation is believed to be a criminal offense.
18. IP Addresses.
IP addresses (per account specification) will be provided by Company to Client for temporary use during the service term only. Client will not own and cannot take any IP addresses with him after the termination of the service.
19. Bandwidth usage.
Certain bandwidth is included in the monthly service fee. Any use beyond this amount will be charged as usage. Usage typically is billed at the end of the monthly billing cycle for the preceding period.
Client shall indemnify, defend by counsel reasonably accepted by Company, protect and hold Company and its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the services.
System and Network Security.
Client is prohibited from violating or attempting to violate the security of the Company's Network. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Client's who are involved in such violations. These violations include, but are not limited to: a) Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. c) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. e) Taking any action in order to obtain services to which such User is not entitled. Company reserves the right to act immediately and swiftly in case of security violations. This may include without limitations the immediate disconnection of servers without notice, termination of services, cooperation with law enforcement, etc.
Company will not copy and/or disclose the content of Client's server(s) to third parties without Client's permission. Company will not monitor the content on Client's servers beyond reasonable maintenance and security. Company may disclose the content of Client's server to law enforcement agencies only in accordance with the law. Client is solely responsible for the content on the server(s) subject to the services.
It is the Client's responsibility to keep their contact information current. Non-receipt of mail due to a change in Client's contact information that is not reflected in Company records is not an excuse for any violation or breach of our terms and conditions.
A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.