 HOSTING
SERVICES:
FREE
E-COMMERCE:
IMPORTANT:
RESELL
RIGHTS:
DESIGN
WORK:
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- Unacceptable or Socially Inappropriate
Content: we reserve the right to refuse Domain Hosting Services to Sites deemed
"Unsuitable". Unsuitable sites include, for example, sites that:
- Include, promote, or link to SEXUALLY EXPLICIT material.
Include,
promote, or link to violence or illegal activities.
Include,
promote, or link to material that promotes or depicts discrimination based on sexual
orientation, race, gender, religion, national origin, physical or mental disability, or
age.
Include,
promote, or link to material which violate intellectual property rights or material of
such nature.
Unsuitable
sites also include safelists, FFA sites, MIRC, or chat sites as these often use excessive
bandwidth that may affect or limit the performance of other clients sites.
- Right of Refusal: We reserve the
right to refuse/terminate hosting services to any individual, company, organization, or
entity for any reason. In such cases, JPE Hosting may issue a full and immediate
refund of all monies paid including setup fee's. In the event that services are
refused/terminated, no explanation will be required.
- Mail Server Policy: Any sites that
engage in excessive use of the Mail Server are prone to immediate termination without
notice. Excessive use is defined as any process or procedure which overtaxes the Mail
Server resulting in other clients being unable to access the Mail Server to send and
receive normal email communications.
Prolonged and repeated mail abuse will result in a users SMTP privileges being
revoked without notice.
- Spam Policy: We do not practice, participate in, nor condone SPAM
of any sort. Offenders of SPAM will be notified in
writing by us to cease and desist such activities. Failure to comply will result in
immediate termination of mail services without refund. The negligence of a single domain
residing on our servers could result in we being placed on an anti-spam list. Should we be
placed on the anti-spam list, every domain e-mail service will be affected and blocked. We
wish to protect our customers of this problem and for this reason, we are completely
intolerant of SPAM.
- Policies and Pricing: Customers who purchase JPE
Hosting Services will be considered customers. All company rules, policies and operating
procedures concerning customer orders, customer service and service sales will apply to
these customers. We reserve the right to change our policies and operating procedures at
any time. For example, we will determine pricing schedule for services sold by us which
may vary from time to time.
- Payment of Service(s): JPE Hosting accepts
payment in the form of Credit Card, PayPal, or Storm Pay. Credit Card numbers will be
verified before transactions occur. Upon receipt of payment, you will receive an order
confirmation via an e-mail message outlining other policies and procedures.
- Service Agreement: We agree to process
services purchased by customers. We reserve the right to reject orders that do not comply
with the necessary requirements that we may establish from time to time. We will be
responsible for all aspects of service processing, customer support and payment processing
and we agree to handle all customer service requests generated. After the completion of
the setup of your services, ALL service requests must be made via the appropriate email
address found on our contacts page. This is necessary to be sure all requests for
assistance are met in a timely, efficient manner.
- Customer Service and Our Service Warranty: We
agree to provide technical assistance for services you purchased where there is a
technical problem as the result of the setup or configuration of your Internet
service(s). We will resolve these problems and provide e-mail response as to the
solution within 2-3 business days providing you follow the service policies and procedures
outlined in your order confirmation document. We will provide answers to frequently
asked questions or problems which will be posted on our site under the FAQ link. We will
not provide technical training other than the FAQ section, the directions that come to you
at the completion of your setup, or training and/or consulting services you have or will
purchase.
JPE Hosting stands behind all our services -- both Internet and customer services. At all
times, we want our customers to feel satisfied. We will provide the best possible service
to you. Should you find a problem with the setup of your Internet service(s) as it is
going on you are responsible to contact JPE Hosting as outlined in your order confirmation
document. Flame mail directed to JPE Hosting or any of its officers or employees
will not be tolerated.
Should you be unsatisfied with any of our services within the first 30 days (from the time
payment is received), where no mutual agreement can be met, JPE Hosting may provide you a
full refund less setup fees associated with your service). Refunds will not be issued past
30 days and will not be issued if you fail to comply with our legal - terms of service as
described on this page.
- Liabilities: We disclaim all liability for
development and maintenance of Your Site that has not been directly *purchased from JPE
Hosting. You will compensate and hold us harmless from all claims, damages and expenses
(including, without limitation, attorneys' fees) relating to the development and
maintenance and contents of Your Site.
- Should error or distinctions occur with the operations of
your site based on development or maintenance provided by sources other than JPE Hosting,
you will be held liable, and will be expected to provide the necessary provisions for
correction of this.
- Relationship Between You and JPE Hosting: This is an
agreement between independent contractors -- You and JPE Hosting. This Agreement
does not imply any partnership, joint venture, agency, franchise, sales representative or
employment relationship between you and JPE Hosting. You will not have, nor will you
represent that you have, any authority to make or accept any offers or representations on
our behalf. You will not do anything to disparage or damage the reputation of JPE
Hosting or any of its officers, employees, products and/or services.
- Misrepresentation: You will not misrepresent JPE
Hosting by expressed or implied claims of success, warranties or service obligations or
there of on our behalf. We disclaim any liability for such claims or implications
made on your part to prospects, potential customers, and/or customer of JPE Hosting.
You acknowledge this agreement will be terminated with or without notice for
misrepresenting JPE Hosting, its officers, employees, distributors, assigns or products or
services.
- Modification of Terms & Conditions: We may modify
any of the terms and conditions of this Agreement, at any time and in our sole discretion,
by posting a change notice and the new agreement on our site. Modifications may include
but are not limited to changes in available fee or payment schedules or procedures and
Program rules. YOUR ONLY RECOURSE TO CHANGES UNACCEPTABLE TO YOU IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED USE OF SERVICE(S) FOLLOWING THE POSTING OF CHANGE ON OUR SITE
WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.
- Limitation of Liability: We disclaim liability for
any indirect, special or consequential damages, arising in connection with this Agreement
or Service(s), even if we have been advised of the possibility of such damages.
- Disclaimers: We make no expressed or implied
warranties or representations with respect to any services purchased at JPE Hosting
(including, without limitation, warranties of fitness, merchantability, non-infringement
or any implied warranties arising out of a course of performance, dealing or trade usage).
Further, we make no representation that the operation of our network*, including our own
Site, will be uninterrupted or error free, and we will not be liable for the consequences
of any interruptions or errors beyond our control.
- Term of this Agreement and Termination:The duration
of this Agreement will begin with our receipt of your signed Agreement and will end when
terminated by either party. Either party may terminate this Agreement at any time, with
just cause, by giving the other party written notice of termination.
- Independent Investigation: YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PURCHASING JPE HOSTING SERVICE(S) AND ARE NOT
RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
- Miscellaneous: This Agreement will be governed by the
laws of the state of South Australia, Australia, without reference to rules governing
choice of laws. Our failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently enforce such provision
or any other provision of this Agreement Any action relating to this Agreement must be
brought in the federal or state courts located in the state of South Australia and you
irrevocably consent to the jurisdiction of such courts with your acceptance of this
Agreement.
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