Terms and Conditions
The first step to order one of our services is to read the contract terms
below. (Our attorney makes us do this.) Please read this contract carefully.
I. Financial Arrangements:
- The Customer agrees to a three (3) month contract, beginning upon
commencement of service.
- First three (3) months payment plus a non-refundable setup charge, if any,
shall be due upon receipt of contract.
- This agreement will automatically renew for successive three (3) month
periods for the life of the contract until cancelled in writing. Customers
paying by check or money order will receive an invoice for charges and payment
is due upon receipt. Customers paying by credit card expressly agree to have
their credit card account billed quarterly for the recurring charges for the
life of the contract including any automatic renewal periods. Customer's are
reminded that JSweb Technology is a division of Mencik's Sportscards and all
charges will appear on their statements as Mencik's Sportscards.
- Initial payment is due with the contract.
- New customers must pay using a credit card or PayPal. Once you
are an established customer, we will consider accepting checks or money orders
for payment on a case-by-case basis.
- JSweb Technology (hereinafter referred to as JSweb) shall not be liable for
any taxes or other fees to be paid in accordance with or related to sales made
from the Customer using JSweb's server. The Customer agrees to take full
responsibility for all taxes and fees of any nature associated with such
products sold by the Customer.
III. Material and Products:
- The Customer will provide JSweb with material and data in a condition that
is "server-ready", which is in a form requiring no additional
manipulation on the part of JSweb. JSweb shall make no effort to validate this
information for content, correctness or usability.
- Use of JSweb's service requires a certain level of knowledge in the use of
Internet languages, protocols, and software. This level of knowledge varies
depending on the anticipated use and desired content of the Customer's Webspace
by the Customer. The following examples are offered: Web Publishing: requires a
knowledge of HTML, properly locating and linking documents, FTPing Webspace
contents, Graphics, text, Sound, imagemapping, etc. CGI-Scripts: requires a
knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell
scripts, permissions, etc. Autoresponders: a knowledge of mReply autoresponder,
forwarding mail, use of mail by Customers to receive mail, etc.
- The Customer agrees that he or she has the necessary knowledge to create
the Customer's Webspace. The Customer agrees that it is not the responsibility
of JSweb to provide this knowledge or Customer Support outside of the defined
service of JSweb.
- JSweb will exercise no control whatsoever over the content of the
information passing through the network. JSweb makes no warranties or
representations of any kind, whether expressed or implied for the service it is
providing. JSweb also disclaims any warranty of merchantability or fitness for
particular purpose and will not be responsible for any damages that may be
suffered by the Customer, including loss of data resulting from delays,
non-deliveries or service interruptions by any cause or errors or omissions of
the Customer. Use of any information obtained by way of JSweb is at the
Customer's own risk, and JSweb specifically denies any responsibility for the
accuracy or quality of information obtained through its services. Connection
speed represents the speed of a connection to and do not represent guarantees
of available end to end bandwidth. JSweb expressly limits its damages to the
Customer for any non-accessibility time or other down time to the pro- rata
monthly charge during the system unavailability. JSweb specifically denies any
responsibilities for any damages arising as a consequence of such
unavailability. In the event that this material is not
"Server-ready", JSweb may, at its option and at any time, reject this
material, including but not limited to after it has been put on JSweb's Server.
JSweb agrees to notify the Customer immediately of its refusal of the material
and afford the Customer the opportunity to amend or modify the material to
satisfy the needs and/or requirements of JSweb. If the Customer fails to modify
the material, as directed by JSweb, within a reasonable period of time, which
shall be determined between the parties themselves, the Agreement shall be
deemed to be terminated.
IV. Trademarks & Copyrights:
- The Customer warrants that it has the right to use the applicable
trademarks, if any.
V. Hardware, Equipment & Software:
- The Customer is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access JSweb. JSweb
makes no representations, warranties or assurances that the Customer's
equipment will be compatible with the JSweb service.
- The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
- The Customer may not use JSweb servers for the purpose of MASS Electronic
Junkmail, otherwise known as SPAM. Our servers may not be the source,
intermediary, or destination address involved in the transmission of spam,
flames, or mail bombs. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. Advertising sites on
other servers which in turn contain links to a domain on our servers is
prohibited. We consider spam any mass unsolicited message in the mediums of
Newsgroups and Email. If you are found to have spammed, then we will
immediately, without warning, disable your domain. In addition, we will impose
a $100 penalty for each spam policy violation. We reserve the right to refuse
or cancel service to known spammers. Lastly, we reserve the right to determine
what violates this policy. As such, any violation will result in immediate
deactivation of services without refund. Server Abuse Any attempts to undermine
or cause harm to a server is strictly prohibited.
- The Customer may not use JSweb servers for excessive computation time
inappropriate for Internet Web servers. The Customer may not install in her/his
account any program which presents a security problem on that server. JSweb
reserves the right to immediately cancel any service account which is causing a
disruption of services for other customers. Electronic forums such as mail
distribution lists and Usenet news groups all have expectations regarding
subject area and appropriate etiquette for posting. Users of these forums
should be considerate of the expectations and sensitivities of others on the
network when posting material for electronic distribution. The network
resources of JSweb may not be used to impersonate another person or
misrepresent authorization to act on behalf of others or JSweb. All messages
transmitted via JSweb should correctly identify the sender; users may not alter
the attribution of origin in electronic mail messages or posting. Users must
not attempt to undermine the security or integrity of computing systems or
networks and must not attempt to gain unauthorized access.
- This Agreement may be terminated by either party, without cause, by giving
the other party 30 days written notice. Notice must be made by mail or
electronic mail. JSweb will not accept terminations over the telephone.
Notwithstanding the above, JSweb may terminate service under this Agreement at
any time, without penalty, if the Customer fails to comply with the terms of
this Agreement, including non-payment. JSweb reserves the right to charge a
IX. Limited Liability:
- The Customer expressly agrees that use of JSweb's Server is at the
Customer's sole risk. Neither JSweb, nor its employees, affiliates, agents,
third party information providers, merchants licensers or the like, warrant
that JSweb's Server service will not be interrupted or error free; nor do they
make any warranty as to the results that may be obtained from the use of the
Server service or as to the accuracy, reliability or content of any information
service or merchandise contained in or provided through the JSweb Server
service, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall JSweb, its officers,
agents or anyone else involved in creating, producing or distributing JSweb's
Server service be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability to use the JSweb
Server service; or that results from mistakes, omissions, interruptions,
deletion of files, errors, defects, delays in operation, or transmission or any
failure of performance, whether or not limited to acts of God, communication
failure, theft, destruction or unauthorized access to JSweb's records, programs
or services. The Customer hereby acknowledges that this paragraph shall apply
to all content on JSweb's Server service.
- Notwithstanding the above, the Customer's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort including
negligence or otherwise, shall not exceed the aggregate dollar amount which the
Customer paid during the term of this Agreement.
X. Acceptable Use:
- The Customer may only use JSweb's Server for lawful purpose. Transmission
of any material in violation of any Federal, State or Local regulation is
prohibited. This includes, but is not limited to copyrighted material, material
legally judged to be threatening or obscene, pornographic, profane, or material
protected by trade secrets. Pornography and sex-related merchandising are
prohibited on all servers. This includes sites that may infer sexual content,
or link to adult content elsewhere. This is also true for sites that promote
any illegal activity or content that may be damaging to our servers or any
other server on the internet. Links to such materials are also prohibited. In
addition any site selling or promoting Bulk Email Services is not allowed.
Examples of non-acceptable content or links:
- Pirated software
- Hackers programs or archives
- Warez Sites
- Irc Bots
- We will be the sole arbiter as to what constitutes a violation of this
XI. Traffic Guidelines
- Due to the unique resource characteristics and traffic patterns associated
with certain types of sites, the following are limited to 3 gigs of free
- Sub hosting - any domain housing additional users
- Shareware, sound, video, image and multimedia archives
- Mirror sites
- Distribution points
- Any site whose primary purpose is file distribution
XII. CGI Scripts
- Each account comes with its own cgi-bin. You are free to use any CGI
scripts you wish, however, we reserve the right to disable any CGI script that
effects normal server operation.
XIII. Chat Rooms
- We do not allow clients to install their own chat rooms. These tend to be
large system hogs and we cannot allow it as an account option. We do provide a
choice of Java chat rooms for a small extra charge that will more than fill
your needs and run without hindering the performance of the machine for others.
You are limited to one chat room on your domain.
XIV. Background Running Programs
- We may allow programs to run continually in the background. These are
considered on a one to one basis and an extra charge will be incurred based on
system resources used and operational maintenance needed. IRC We currently do
not allow IRC or IRC bots to be operated on our servers.
- The Customer agrees that it shall defend, indemnify, save and hold JSweb
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted
against JSweb, its agents, its customers, servants officers and employees, that
may arise or result from any service provided or performed or agreed to be
performed or any product sold by the Customer, its agents, employees or
assigns. The Customer agrees to defend, indemnify and hold harmless JSweb
against Liabilities arising out of (i) any injury to person or property caused
by any products sold or otherwise distributed in connection with JSweb's
Server; (ii) any material supplied by the Customer infringing or allegedly
infringing on the proprietary rights of a third party; (iii) copyright
infringement and (iv) any defective product which the Customer sold on the
XVI. Contract Revisions:
- Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Customer on renewal of JSweb.
Services as specified in Section I. Financial Arrangements.
- The Customer may not transfer this agreement without the written consent
XVIII. Refusal of Service
- We reserve the right to refuse or cancel service at our sole discretion.
Failure to comply with the policies of JSweb Technology will result in
immediate termination of services. No refunds will be issued under these
This Agreement constitutes the entire understanding of the parties. Any
changes or modifications to this Contract thereto are agreed to by both parties
upon renewal of services.