jcmwebs - Terms and Conditions
Welcome to jcmwebs website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern jcmwebs’s relationship with you in relation to this website.
General terms of use
• The content of the pages of this website is for your general information and use only. It is subject to change without notice.
• Neither jcmwebs nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent.
• Your use of any information or materials on this website is entirely at your own risk, for which jcmwebs shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to jcmwebs. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice.
• Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
• From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that jcmwebs endorse the website(s). jcmwebs have no responsibility for the content of the linked website(s) including, but not limited to, websites on jcmwebs’ portfolio.
Hosting and Domain services
Jcmwebs offers both hosting and domain registration services, which can be purchased through jcmwebs’ website. This section of the terms of use is related to clients purchasing hosting, domain or any other services from jcmwebs.
Account Setup and Email on file
jcmwebs will setup your account after the related payment has been received. It is your responsibility to provide jcmwebs with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
Transfers
jcmwebs will make every effort to help you move your site to jcmwebs servers; however, jcmwebs cannot make guarantees regarding time taken to make the transfer and whether the transfer is successful or not. Although, jcmwebs take all necessary measures so that your site will not experience any down time, this is not always possible mainly due to technical or administrative issues from the hosting company that you are transferring from.
Content
All services provided by jcmwebs may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless jcmwebs from any claims resulting from the use of our services.
Use of jcmwebs’ services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please contact jcmwebs immediately together with a proof for your claim.
Examples of unacceptable material on jcmwebs’ hosting packages include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums that distribute or link to warez content is prohibited.
jcmwebs reserves the right to refuse service to anyone. Any material that, in jcmwebs’ judgment, is obscene or threatening is prohibited and will be removed from jcmwebs’ servers with or without notice.
Failure to respond to email from jcmwebs abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us before subscribing for a service and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, jcmwebs will notify you and allow you to change/update your password.
Spam Policy
jcmwebs take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in jcmwebs IP space being blacklisted will be immediately suspended and/or terminated.
Jcmwebs reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Jcmwebs reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of jcmwebs.
Payment Information
You agree to supply appropriate payment for the services received from Jcmwebs, in advance of the time period during which such services are provided. You agree that until and unless you notify Jcmwebs of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via e-mail. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been cancelled. At this time, your account with us has been cancelled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.
As a client of Jcmwebs, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Jcmwebs will suspend an account until the payment has been made. Also, if an account has been suspended a charge of €25 must be made together with the outstanding balance before the account can be re-activated.
Backups and Data Loss
Your use of the service is at your sole risk. jcmwebs is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on jcmwebs servers.
Cancellations
jcmwebs reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.
Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.
Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount jcmwebs reserves the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Shared hosting
Shared accounts may not resell web hosting to other people,
Price Change
The amount charged for any service purchased from jcmwebs, will not change for the period that you have paid for. However, the price for any service that you have purchased may change from the next due date. If an increase in price is planned, jcmwebs will advice you in advance.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Jcmwebs harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Jcmwebs, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Jcmwebs against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Jcmwebs; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Jcmwebs's server.
Arbitration
By using any Jcmwebs services, you agree to binding arbitration. If any disputes or claims arise against Jcmwebs or its subsidiaries, such disputes will be handled by an arbitrator of Jcmwebs's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Disclaimer
Jcmwebs shall not be responsible for any damages your business may suffer. Jcmwebs makes no warranties of any kind, expressed or implied for services we provide. Jcmwebs disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Jcmwebs and its employees.
Disclosure to law enforcement
Jcmwebs may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
jcmwebs will cooperate fully with law enforcement agencies.
Changes to the TOS
jcmwebs reserve the right to revise its policies at any time without notice. However, were possible jcmwebs will advice its clients about any policy change.