By and between JL INTERNET SERVICES the Web Hosting customer, who will be referred to in this document as "Customer". The parties agree to the following, which shall apply during the term of this agreement:
1. DEFINITIONS:
A. "Plans" means proposals for offering various services to be provided by JL INTERNET SERVICES.
B. "Customer" means an end user who is utilizing Web Hosting services provided by JL INTERNET SERVICES.
2. PRICES
All prices for Plans provided by JL INTERNET SERVICES to Customer are US dollars.
3. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by JL INTERNET SERVICES. An order will be deemed accepted by JL INTERNET SERVICES when written (e-mail) confirmation of the order is sent to Customer. JL INTERNET SERVICES may refuse to accept or delay acceptance of any order for any reason.
B. Payment and Terms: Payment shall be made in US dollars to JL INTERNET SERVICES. Payments are due upon account activation and future renewal. If due to bank charges, transfer fees, or the like, JL INTERNET SERVICES should receive less than its invoice amount, JL INTERNET SERVICES will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by JL INTERNET SERVICES within thirty (30) days after activation or renewal, JL INTERNET SERVICES may discontinue, withhold, or suspend services to Customer.
4. DUTIES OF JL INTERNET SERVICES
JL INTERNET SERVICES will acquire an Internet Domain Name (from any valid Domain Registration Company) on behalf of the Customer, as specified. Any costs of JL INTERNET SERVICES in obtaining or maintaining a domain name for Customer shall be immediately reimbursed to JL INTERNET SERVICES upon invoice from JL INTERNET SERVICES to Customer. JL INTERNET SERVICES does not warranty that it's registration services are successful, whether a domain is actually acquired or reserved on behalf of Customer. Under no circumstances will JL INTERNET SERVICES be held reliable for losses or damages suffered by Customer resulting from delays in the registration process or failure to acquire such said intellectual property.
5. LIMITATION OF JL INTERNET SERVICES's OBLIGATIONS AND LIABILITY
A. JL INTERNET SERVICES will utilize its best efforts to maintain acceptable performance of services contracted for, but JL INTERNET SERVICES makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. JL INTERNET SERVICES cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. JL INTERNET SERVICES will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. JL INTERNET SERVICES shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of JL INTERNET SERVICES.
B. JL INTERNET SERVICES may discontinue servicing any Plan, or may require fulfillment of conditions JL INTERNET SERVICES may choose to impose as a prerequisite for continuing to service any Plan. JL INTERNET SERVICES agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to JL INTERNET SERVICES. The following activities are specifically not allowed by JL INTERNET SERVICES and will result in IMMEDIATE account termination: Running ADULT web sites, Running HATE web sites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities.
C. JL INTERNET SERVICES's liability to Customer, and any end user of any Plan or other JL INTERNET SERVICES services is limited to the amount paid to and received by JL INTERNET SERVICES for services not accepted. In no event shall JL INTERNET SERVICES be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if JL INTERNET SERVICES has been advised of the possibility of such damage.
D. Customer will take all necessary measures to preclude JL INTERNET SERVICES from being made a party to any lawsuit or claim regarding JL INTERNET SERVICES services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless JL INTERNET SERVICES from any and all claims of whatever nature brought by any of Customer's customers against JL INTERNET SERVICES in excess of the remedy set forth in paragraph 5(C) .
6. PROPERTY RIGHTS
JL INTERNET SERVICES owns all rights, titles and interests in JL INTERNET SERVICES's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use JL INTERNET SERVICES's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.
7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with JL INTERNET SERVICES hereunder, it may have access to certain information and materials relating to JL INTERNET SERVICES's business, plans, customers, software, and marketing strategies that is confidential and of substantial value to JL INTERNET SERVICES, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by JL INTERNET SERVICES. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to JL INTERNET SERVICES or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, JL INTERNET SERVICES shall be entitled to injunctive relief, which relief shall not be contested by Customer.
8. RELATIONSHIP OF THE PARTIES
The relationship between JL INTERNET SERVICES and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of JL INTERNET SERVICES, or in any other way legally bind JL INTERNET SERVICES in any fashion, nor shall Customer be authorized to make any representations about JL INTERNET SERVICES or its services other than to set forth JL INTERNET SERVICES's responsibilities as outlined in this agreement.
9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by JL INTERNET SERVICES in Virginia. It is to be governed by and construed under the laws of the State of Virginia and the United States of America. The federal and state courts of the State of Virginia shall have exclusive jurisdiction to adjudicate any non-arbitral dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Virginia and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by JL INTERNET SERVICES. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.
10. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. JL INTERNET SERVICES may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of JL INTERNET SERVICES services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.
To this end the parties agree as follows:
Principles Governing Acceptable use of the Internet by the Customer
Responsibility and Respect - The Internet is a network intended for use by mature, adult users. The Customer recognizes this principle and undertakes at all times to act with respect, courtesy and responsibility, giving due regard to the interests and rights of other Internet users. This general guideline carries with it the following specific responsibilities:
a) Knowledge of the Internet - The Customer agrees to obtain a basic knowledge of the Internet and it’s operating principles and procedures.
b) Improper Uses - The Customer will avoid violation of certain generally accepted guidelines on Internet usage such as restrictions on mass mailings and mass advertisements, pirating or copying of software, mail bombing or other methods of attempting to deny service or access to other users, and attempts to violate security.
c) Unsolicited Commercial Email - We strictly prohibits Unsolicited Commercial Email, also known as "spam". This includes using our network to distribute unsolicited bulk email from your site on our servers or using any outside network to send bulk email advertising your site on the Vendor servers. the Vendor reserves the right to immediately terminate any customer account associated with unsolicited email and no refund will be issued for any unused service fees.
d) Compliance with Laws - The Customer will ensure that their use of the Internet complies with all applicable federal, state and local law and regulation, including but not limited to those principles of law which protect against compromise of copyrights, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, invasion of privacy, tortuous interference, and export of technical or military data to prohibited countries.
e) Validation of Information - The Customer is responsible for validating the integrity of the information and data it receives or transmits over the Internet.
f) Security - The Customer is required to protect the security of its Internet account and usage. The Customer(s) password will be treated as private and confidential and not disclosed to or shared with any third parties.
g) Discretion and Judgment - The Customer is expected to use discretion in the treatment and handling of Internet information and data and to take particular care to insure that adult information is not transmitted to juvenile users of the Internet.
h) Pornography - Due to legal and social issues, we will not accept any customers who publish, store or otherwise process pornographic material. If an existing customer violates this principle, the Vendor reserves the right to immediately terminate the Customer's account and no refund will be issued for any unused service fees. Material deemed to be pornographic is the sole discretion of the Vendor, with due regard to the laws of Virginia.
i) Excessive Service Usage - Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other shared resources provided by the Vendor. Judgments of excessive usage are determined solely by the Vendor and will be considered in comparison to other the Vendor customers using similar services. the Vendor will contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both the Vendor and the customer, and that the customer continues to use excessive resources, the Vendor reserves the right to immediately terminate any customer account associated with excessive resource usage.
