AUP / TOS
By using our webhosting services, you agree to
comply with our policies. You are expected to use
the Internet with respect, courtesy, and responsibility,
giving due regard to the rights of other Internet
users. We expect you to have a basic knowledge of
how the Internet functions, the types of uses which
are generally acceptable, and the types of uses
which are to be avoided. Common sense is the best
guide as to what is considered acceptable use. The
following are unacceptable uses:
Illegality in any form, including but not limited
to activities such as unauthorized distribution
or copying of copyrighted software, violation of
U.S. export restrictions, harassment, fraud, trafficking
in obscene material, drug dealing, and other illegal
activities.
Interpretation
The provisions of this Policy are intended as guidelines
and are not meant to be exhaustive. Generally, conduct
that violates law, regulation, or the accepted norms
of the Internet community, whether or not expressly
mentioned in this Policy, is prohibited. Jade Designs, LLC reserves the right at all times to prohibit
activities that damage its commercial reputation
and goodwill.
Illegal Use
Jade Designs, LLC servers may be used only for lawful
purposes. Transmission, distribution or storage
of any material in violation of any applicable law
or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark,
trade secret or other intellectual property right
used without proper authorization, and material
that is obscene, defamatory, constitutes an illegal
threat, or violates export control laws. Examples
of non-acceptable content or links: "Pirated
software", "Hackers programs or archives",
"Warez Sites", "Irc Bots", "Mp3".
We will be the sole arbiters as to what constitutes
a violation of this provision.
System and Network Security
Violations of system or network security are prohibited,
and may result in criminal and civil liability.
Examples include, but are not limited to the following:
unauthorized access, use, probe, or scan of a systems
security or authentication measures, data or traffic.
Interference with service to any user, host or network
including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system and broadcast
attacks. Forging of any TCP-IP packet header or
any part of the header information in an e-mail
or a newsgroup posting.
It is a violation for anyone who, including but
not limited to, employs posts or programs which
consume excessive CPU time or storage space, permits
the use of mail services, mail forwarding capabilities,
POP accounts, or auto responders other than for
their own account; or resale of access to CGI scripts
installed on our servers.
Tortious Conduct
No one shall post defamatory, scandalous, or private
information about a person without their consent,
intentionally inflicting emotional distress, or
violating trademarks, copyrights, or other intellectual
property rights.
Spamming
Sending unsolicited mail messages, including, without
limitation, commercial advertising and informational
announcements, is expressly prohibited. A user shall
not use another site's mail server to relay mail
without the express permission of the site or distributing,
advertising or promoting software or services that
have the primary purpose of encouraging or facilitating
unsolicited commercial E-mail or spam.
It is contrary to Jade Designs, LLC policy for customers
to use our servers to effect or participate in any
of the following activities:
To post to any Usenet or other newsgroup, forum,
e-mail mailing list or other similar group or list
articles which are off-topic according to the charter
or other owner-published FAQ or description of the
group or list;
To send unsolicited mass e-mailings, if such unsolicited
e-mailings provoke complaints from the recipients;
To engage in any of the foregoing activities using
the service of another provider, but channeling
such activities through a Jade Designs, LLC provided
server, or using a Jade Designs, LLC provided server
as a maildrop for responses;
To falsify user information provided to Jade Designs, LLC or to other users of the service in connection
with use of a Jade Designs, LLC service.
When Jade Designs, LLC becomes aware of an alleged
violation of its Acceptable Use Policy, Jade Designs,
LLC will initiate an investigation (within 24-48
hours). During the investigation Jade Designs, LLC
may restrict Customer 's access in order to prevent
further possible unauthorized activity. If the Customer
is found in violation of our SPAM policy, Jade Designs
Inc. may, at its sole discretion, restrict, suspend,
or terminate Customer's account and/or pursue other
civil remedies. Also, Jade Designs, LLC reserves
the right to pursue civil remedies for any costs
associated with the investigation of a substantiated
policy violation. If such violation is a criminal
offense, Jade Designs, LLC will notify the appropriate
law enforcement department of such violation.
Jade Designs, LLC does not issue service credits for
any outages incurred through service disablement
resulting from Policy violations.
The Customer shall be held liable for any and all
costs incurred by Jade Designs Inc. as a result of the
customer's violation of these terms and conditions.
This is including, but is not limited to, attorney
fees and costs resulting from Postmaster responses
to complaints from and the cleanup of unsolicited
commercial mailings and/or unauthorized bulk mailings
and/or news server violations. First violations
will result in a Cleanup Fee of $250 and the customer’s
account will be reviewed for possible immediate
termination. A second violation will result in Cleanup
Fee of $500 and immediate termination of the customer’s
account. The Customer who violates this policy agrees
to also pay Investigation Fees of no more than $125
per hour that Jade Designs Inc. personnel must spend
to investigate any violations.
Modification
Jade Designs, LLC reserves the right to add, delete,
or modify any provision of this Policy at any time
without notice. Reporting Network Abuse Any party
seeking to report any violations Jade Designs, LLC’s
policy may contact via e-mail: abuse@jade-designs.net
This is an agreement between you and Jade Designs
INC. Jade Designs, LLC regarding your use of Jade
Designs, LLC's computer, interactive information,
communication and server management service. This
Agreement governs the terms and conditions under
which Jade Designs, LLC makes the services offered
by Jade Designs, LLC available to individual consumers
through a personal computer or similar access, or
to individual consumers or small businesses in connection
with the " Jade Designs, LLC " webhosting
or similar services. Under this Agreement, you must
comply with Jade Designs, LLC's then current "Acceptable
Use Policy," as updated from time to time by
Jade Designs, LLC, which can be viewed at : http://www.jade-designs.net/tos.asp
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY.
1. Jade Designs, LLC will host an account for you,
the purchaser (hereafter referred to as the Account
Holder), for the Account Holder's chosen domain
name, for the period of time (the Term) corresponding
with the payment plan chosen by the Account Holder.
This contract will be automatically renewed at the
end of the Term and each successive renewal term,
unless terminated. We require written notification
of non-renewal with at least 30 days notice but
not more than 60 days prior to the renewal date.
If you do not provide this notice, you will be charged
for the next terms rate. There are no refunds on
a la carte services, dedicated servers or server
colocation.
2. Jade Designs, LLC's services are provided on an
as is, as available basis without warranties of
any kind, either express or implied, including,
but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement.
Jade Designs, LLC expressly disclaims any representation
or warranty that the Jade Designs, LLC services will
be error-free, secure or uninterrupted. No oral
advice or written information given by Jade Designs, LLC, its employees, licensors of the like, will
create a warranty; nor may you rely on any such
information or advice. The terms of this Section
will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or
related electronic services can only be used for
legal purposes under all applicable international,
federal, provincial, and municipal laws. Further,
the Account Holder agrees not to store, transmit,
link to, advertise or make available any images
containing pornography, graphic violence or death.
Violations of these or any other provisions of this
Agreement may result in termination of the services
provided by Jade Designs, LLC, with or without the grant
of a notice or cure period, such notice or cure
period to be granted at the sole discretion of Jade Designs, LLC based upon the severity of the violation. Jade Designs, LLC reserves the right to refuse service if any
of the content within, or any links from, the Account
Holder's website is deemed illegal, misleading,
or obscene, or is otherwise in breach of Jade Designs, LLC's then current Acceptable Use Policy, in the
sole and absolute opinion of Jade Designs, LLC. Notwithstanding
anything in this Agreement, the content of the Account
Holder's website is the sole responsibility of the
Account Holder. The Account Holder agrees to indemnify
and hold harmless Jade Designs, LLC from any and all
claims, losses, damages, liabilities, judgments,
or settlements, including reasonable attorney's
fees, costs, and other expenses incurred by Jade Designs, LLC, (collectively, Claims) related to or in connection
with the content of the Account Holder's website.
The terms of this Section will survive any termination
of this Agreement.
4. Account Holder acknowledges that the nature
of the service furnished and the initial rates and
charges have been communicated to the Account Holder.
Account Holder is aware that Jade Designs Inc. reserves
the right to change the specified rates and charges
from time to time.
5. The Account Holder agrees to follow generally
accepted rules of "Netiquette" when sending
e-mail messages or posting to newsgroups. Account
Holder is responsible for security of its password.
Jade Designs, LLC will not change passwords to any account
without proof of identification, which is satisfactory
to Jade Designs, LLC, which may include written authorization
with signature. In the event of any partnership
break-up, divorce or other legal problems that includes
Account Holder, Account Holder understands that
Jade Designs, LLC will remain neutral and may put the
account on hold until the situation has been resolved.
Under no circumstances will Jade Designs, LLC be liable
for any losses incurred by Account Holder during
this time of determination of ownership, or otherwise.
The Account Holder agrees to indemnify and hold
harmless Jade Designs, LLC from any and all Claims arising
from such ownership disputes. The terms of this
Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm Jade Designs, LLC, its reputation, computer systems, programming
and/or other persons using Jade Designs, LLC's services.
Jade Designs, LLC reserves the right to select the server
for Account Holder's website for best performance.
The Account Holder understands that the services
provided by Jade Designs, LLC are provided on a shared
server. This means that one website cannot be permitted
to overwhelm the server with heavy CPU usage, for
example from the use of highly active CGI scripts
or chat scripts. If the Account Holder's website
overwhelms the server and causes complaints from
other users, the Account Holder has outgrown the
realm of shared servers, and will need to relocate
it's website. Jade Designs, LLC will refund any unused
portion of prepaid services. If the Account Holder
refuses to comply with this Section, then Jade Designs, LLC has the right to terminate the services provided
to the Account Holder without any refunds of the
unused portion prepaid by the Account Holder. The
Account Holder agrees to indemnify and hold harmless
Jade Designs, LLC and any other Account Holder from
any and all Claims resulting from the Account Holder's
use of the services provided by Jade Designs, LLC The
terms of this Section will survive any termination
of this Agreement.
7. The Account Holder's rights and privileges under
this Agreement cannot be sold or transferred without
the prior written consent of Jade Designs, LLC.
8. If the Account Holder sells or resells advertising
or webspace to a third party then the Account Holder
will be responsible for the contents of that advertising
and the actions of that third party. Jade Designs, LLC
has the absolute right to reject any advertising
or other third party content that is illegal, offensive
or otherwise in breach of the then current Jade Designs, LLC Acceptable Use Policy. The e-mail distribution
by the Account Holder of "SPAM", "JUNK
MAIL", or "UNSOLICITED COMMERCIAL E-MAIL",
is expressly prohibited. If the Account Holder refuses
to remove any advertising or other third party content
deemed objectionable by Jade Designs, LLC, Jade Designs, LLC may terminate the services being provided to
the Account Holder.
9. Jade Designs, LLC will use its best efforts to maintain
a full time Internet presence for the Account Holder.
The Account Holder hereby acknowledges that the
network may, at various time intervals, be down
due, but not restricted to, utility interruption,
equipment failure, natural disaster, acts of God,
or human error. In no event shall Jade Designs, LLC
be liable to the Account Holder for any damages
resulting from or related to any failure or delay
of Jade Designs, LLC in providing access to the Internet
under this Agreement. In no event shall Jade Designs, LLC be liable to the Account Holder for any indirect,
special or consequential damages or lost profits
arising out of or related to this Agreement or the
performance or breach thereof. The aggregate, total
liability of Jade Designs, LLC under this Agreement,
if any, shall in no event or circumstance exceed
the total amount actually paid by the Account Holder
hereunder. The terms of this Section will survive
any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts,
and alternative account names associated with your
principal account. The Account Holder is responsible
for the use of each account, whether used under
any name or by any person, and for ensuring full
compliance with this Agreement by all users of that
account. A Jade Designs, LLC account may not be transferred
without prior written approval from Jade Designs, LLC.
The Account Holder is responsible for maintaining
the confidentiality of his/her password. In the
event of a breach of security through the Account
Holder's account, the Account Holder will be liable
for any unauthorized use of the Jade Designs, LLC services,
including any damages resulting therefrom, until
the Account Holder notifies Jade Designs, LLC's customer
service.
11. If Jade Designs, LLC assigns the Account Holder
an Internet Protocol address in connection with
the Account Holder's use of the Jade Designs, LLC services,
the right to use that Internet Protocol address
will remain with and belong only to Jade Designs, LLC,
and the Account Holder will have no right to use
that Internet Protocol address except as allowed
by Jade Designs, LLC in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement
between the Account Holder and Jade Designs, LLC with
respect to the Jade Designs, LLC services and supersedes
all prior agreements between the Account Holder
and Jade Designs, LLC. Jade Designs, LLC's failure to enforce
any provision of this Agreement shall not be construed
as a waiver of any provision or right. In the event
that a portion of this Agreement is held unenforceable,
the unenforceable portion will be construed in accordance
with applicable law as nearly as possible to reflect
the original intentions of the parties, and the
remainder of the provisions will remain in full
force and effect. The terms of this Section will
survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes
arising out of this Agreement in a spirit of cooperation
and with a problem-solving mindset, without formal
proceedings. Any dispute, which cannot be so resolved,
shall be subject to binding arbitration upon the
written demand of either party. Arbitration shall
take place in Belleville, NJ. Should any legal action
permissible under this Agreement be instituted to
enforce the terms and conditions of this Agreement,
in particular the right to collect money due on
unpaid invoices, the prevailing party shall be entitled
to recover reasonable attorney's fees and expenses
incurred at both the trial and appellate levels.
The terms of this Section will survive any termination
of this Agreement.
14. The Account Holder agrees to indemnify and
hold Jade Designs, LLC harmless from any and all Claims
resulting from or connected with any activities
conducted by the Account Holder. The Account Holder
and Jade Designs, LLC will promptly notify the other
upon receipt of any Claim or legal action arising
out of activities conducted pursuant to this Agreement.
The rights and responsibilities established in this
paragraph will survive any termination of this Agreement.
15. Jade Designs, LLC may include the Account Holder's
name and contact information in irectories of Jade
Designs, LLC service subscribers for the purpose
promoting the use of the services by additional
potential clients. However, Jade Designs, LLC is
not authorized to print the Account Holder's name,
trademarks or other identifying information in any
other advertising or promotional materials without
the prior written consent of the Account Holder.
16. The interpretation and enforcement of this
Agreement shall be governed according the laws of
the state of Florida (excluding its choice of law
rules) and the federal laws of United States applicable
therein. The Account Holder hereby consents to personal
jurisdiction in the federal and provincial courts
of Belleville, New Jersey for any action arising out of
or relating to the Account Holder's use of the Jade
Designs, LLC services. The federal and provincial
courts of Belleville, New Jersey will have exclusive
jurisdiction over all such actions. In any such
action, the prevailing party will be entitled to
recover all legal expenses incurred in connection
with the action, including but not limited to its
costs, both taxable and non-taxable, and reasonable
attorney's fees. The terms of this Section will
survive any termination of this Agreement.
17. Notices required by this Agreement shall be
in writing and shall be delivered either by personal
delivery or by mail. If delivered by mail, notices
shall be sent by any express mail service; or by
certified or registered mail, return receipt requested;
with all postage and charges prepaid. All notices
and other written communications under this Agreement
shall be addressed to the individuals in the capacities
indicated below, or as specified by subsequent written
notice delivered by the party whose address has
changed.
18. Because the Internet is a global communication
tool, and we have clients from nearly every country
in the world it is difficult to dictate what is
considered "adult material." However,
it is not our function to discriminate against those
who choose to utilize adult content or adult related
material. This being said, there are still several
reasons why Jade Designs has been forced to create its
no adult sites policy for its virtual server users.
19. Virtual account holders can receive a refund
if account is cancelled within the initial 30 days
after sign up. Reseller account holders can receive
a refund if account is cancelled within the initial
7 days after sign up. If the account holder cancels
after the time period specified, there will be no
refund given.
20. Jade Designs, LLC may temporarily deny service
or terminate this Agreement upon the failure of
Account Holder to pay charges when they become due.
Such termination or denial will not relieve the
Account Holder of responsibility for the payment
of all accrued charges, plus reasonable interest
and any collection fees.
21. If an account holder's account becomes overdue,
the account will be suspended. Interest will accrue
on the overdue account at a rate of 5% per month
until the outstanding balance is paid in full.
22. If an account holder charges back for services
rendered, a $50.00 charge back fee will be added
to the amount charged back by the customer.
23. If an account holder's account is overdue for
90 days, the account will be handed over to an outside
collection agency. At that time the account holder
will incur a $50.00 collection fee added to the
balance previously due.
24. All accounts are subject to verification.
25. You agree that Jade Designs, LLC may establish
limits concerning use of any Jade Designs, LLC service
offered on any Jade Designs, LLC web site, including
without limitation the maximum number of days that
e-mail messages will be retained by any Jade Designs, LLC service, the maximum number of e-mail messages
that may be sent from or received by an account
on any Jade Designs, LLC service, the maximum size of
an e-mail message that may be sent from or received
by an account on any Jade Designs, LLC service, the
maximum disk space that will be allotted on Jade Designs, LLC's servers on your behalf either cumulatively
or for any particular service. You agree that Jade Designs, LLC has no responsibility or liability for the
deletion, corruption or failure to store any messages
or other content maintained or transmitted by any
Jade Designs, LLC service. You acknowledge that the
features, parameters (for example, the amount of
storage available to users) or existence of any
Jade Designs, LLC service may change at any time.
Any site whose revenue is gained in part or whole
from its adult content.
Photos or videos showing frontal nudity on either
men or women.
Photos or videos showing graphic violence, death
or dismemberment.
Photos or videos showing graphic violence or death.
Revenue-generating hyperlinks to sites who violate
policy #1.
Bandwidth and Resources
A virtual server is a shared environment
where many servers reside on each particular machine.
This being said, consider that an average "adult
site" gets more hits than 100 standard websites.
Some of the smaller adult sites get around 5 GB
of transfer per day. With these types of resources
being utilized, our servers would be severely slowed
if we allowed these high traffic sites to also reside
on our servers. On top of that, we would be forced
to raise our prices to pay for the additional bandwidth.
We strive to keep our servers fast and inexpensive,
and our bandwidth clear; therefore, adult sites
are not an option.
Jade Designs reserves the right to decide what it considers
"adult content", "adult material",
"sexually explicit", or "sexually
related". Let us know if you are unsure of
the approval of your site before placing an order.
© 1999-2003 Jade Designs, LLC