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.

Contract

I. Financial Arrangements:

1. The Customer agrees to a three (3) month contract, beginning upon commencement of service.
2. First three (3) months payment plus a non-refundable setup charge, if any, shall be due upon receipt of contract.
3. 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.
4. Initial payment is due with the contract.
5. 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.

II. Taxes:

1. 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:

1. 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.
2. 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.
3. 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.
4. 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:

1. The Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software:

1. 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.

VI. Age:

1. The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:

1. 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.
2. 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.

VIII. Termination:

1. 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 reinstatement fee.

IX. Limited Liability:

1. 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.
2. 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.
3. 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:

1. 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
   • Mp3
2. We will be the sole arbiter as to what constitutes a violation of this provision.

XI. Traffic Guidelines

1. Due to the unique resource characteristics and traffic patterns associated with certain types of sites, the following are limited to 3 gigs of free traffic:
   • 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

1. 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

1. 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.

XV. Indemnification:

1. 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 JSweb Server.

XVI. Contract Revisions:

1. 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.

XVII Transfer:

1. The Customer may not transfer this agreement without the written consent of JSweb.

XVIII. Refusal of Service

1. 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 circumstances.

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.