This agreement applies to all web hosting
and/or domain registration websites operating under the banner of Jason's Computer
Solutions, also referred to as JCS®, a registered trademark of
Jason's Computer Solutions.
Plain English summary of our operating policies:
1. All payments are to be made in advance.
2. Invoices not paid on time have a 5 day grace period, after which a small
late fee will be incurred.
3. No spamming, no warez, no porn.
4. Any problems, please talk to us. We're easy to get along with and we want
to work with you.
5. Please tell us in advance of your renewal date if you'd like to cancel.
Legal Agreement:
1. INTRODUCTION.
In this Service Agreement ("Agreement"),
"you" and "your" refer to each customer ("Customer") and its agents, including
each person listed in your account information as being associated with your
account, and "we", "us" and "our" refer collectively to Jason's Computer Solutions
("JCS®").
This Agreement explains our obligations to you, and your obligations to us in
relation to the service(s) you purchase from JCS®. By purchasing
our service(s) you agree to establish an account with us for such services.
When you use your account or permit someone else to use your account to purchase
or otherwise acquire access to additional JCS® service(s) or
to modify or cancel your JCS® service(s) (even if we were not
notified of such authorization), this Agreement as amended covers any such service
or actions. Additionally, you agree that each person listed in your account
information as being associated with your account for any services provided
to you (including, but not limited to, web hosting and domain name registration
services) is your agent with full authority to act on your behalf with respect
to such services.
This Agreement applies to all JCS® customers and all users of
JCS® servers, including FTP and SSH access account holders, and
all users accessing any website hosted on JCS® servers and related
systems ("system users"). This Agreement represents the complete agreement and
understanding between JCS® and its customers and system users
and supersedes any other written or oral agreement. JCS® reserves
the right to modify the terms and conditions of this Agreement at any time,
effective upon the posting of the modifications to http://www.jcshelpdesk.com
(the official JCS® support website). JCS® also
reserves the right to discontinue or change services offered.
YOUR PAYMENT FOR A SERVICE PROVIDED BY JCS® CONSTITUTES YOUR
APPROVAL AND ACCEPTANCE OF THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS A
CONDITION TO USE OF THE JCS® SYSTEM AND/OR JCS®
UPSTREAM PROVIDERS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO
USE OUR SERVICES. IF YOU ARE AN ACCOUNT CUSTOMER, PLEASE NOTIFY OUR BILLING
DEPARTMENT AT 1-877-516-4889 SO WE CAN INITIATE CLOSURE OF YOUR ACCESS ACCOUNT.
2. FEES, PAYMENT POLICIES, AND TERM OF SERVICE. All accounts
are set up on a pre-pay basis. Setup fees are charged for all new accounts with
monthly billing cycles and are non-refundable. All pricing is guaranteed for
the term of pre-payment. You are responsible for all money owed on the account
from the time it is established to the time that you notify us in writing for
a request for termination of services (see Account Cancellation section below
for details on how to cancel). All payments must be made in Canadian currency
and must be prepaid with Visa or Mastercard, or cheque or money order mailed
7 days in advance of due date. You may prepay multiple months in advance with
a discount applying for prepayments of 3, 6, 12, 24, and 36 months, however, all
multiple month prepayments are non-refundable. A customer who prepays and then
wants to downgrade or cancel their service may do so, but will not be eligible
for a refund of any prepaid monies. Instead, any excess funds will be credited
to the customer's account for future use. If an account remains inactive for more
than 6 months, that account will be deleted and any remaining credits will be
forfeited.
All invoice notices will be sent by electronic mail ("email") only. Invoices
are available at any time through your account. Prepayment is due by the due
date shown on your invoice for each billing cycle following the date the account
was established. For each successive period, your contract is renewed automatically,
with the same billing cycle, unless we are notified otherwise. We do not offer
credits or refunds for hosting time already expended. Domain registration, renewal,
or transfer fees are nonrefundable.
There are no refunds for accounts canceled by JCS® due to
a violation of our Terms or Policies.
Additional account features can be added at any time. Monthly prices for additional
features are not prorated. JCS® reserves the right to change
prices at any time.
There is a $10.00 late fee for all payments that are not on time. This includes
all credit card payments that do not go through as of the due date of the monthly
payment because of the card being declined or expired, no longer good, or any
other problem. It is your responsibility to update your credit card information,
including expiration dates. You hereby authorize JCS® to use
whatever means necessary to effect payment for overdue accounts or cancellation
fees, if any. This includes making the charge to your credit card, even if you
do not usually pay by credit card, or possibly transferring any domain names
you own to JCS® until payment is made in full. If Customer is
late 3 times consecutively, the third late fee will be $50.00 and will increment
by $50.00 for each month Customer is late thereafter, indefinitely.
JCS® charges a $25.00 fee for returned cheques as well as charge
backs. Your service may, at the sole discretion of JCS®, be interupted
until full payment has been received.
For all customers, once a service payment is 14 days overdue, service will be
suspended unless prior arrangements have been confirmed with us. We are under
no obligation to grant a time extension. Service is cancelled when payment is
30 days overdue and a $200.00 cancellation fee will be added to your account.
JCS® reserves the right to turn over any debts owed to us to
a collection agency or to attorneys, in that order.
3. ACCOUNT CANCELLATION. Customer's may cancel their account
with JCS® at anytime. PHONE REQUESTS WILL NOT CONSTITUTE ACCEPTANCE
OF ANY CANCELLATION. To cancel an account, please visit our support
website and fill out the "Account Cancellation" form. NOTIFICATION OF CANCELLATION
MUST BE RECEIVED AT LEAST SEVEN (7) DAYS -- THIRTY (30) DAYS FOR DEDICATED SERVER
ACCOUNTS -- PRIOR TO YOUR RENEWAL DUE DATE IN ORDER TO AVOID CHARGES IN FULL
FOR THE NEXT CYCLE, BUT NOT MORE THAN THIRTY (30) DAYS -- SIXTY (60) DAYS FOR
DEDICATED SERVER ACCOUNTS -- BEFORE THE CANCELLATION DATE REQUESTED. IT IS YOUR
RESPONSIBILITY TO SECURE EMAIL CONFIRMATION FROM JCS® THAT YOUR
ACCOUNT HAS BEEN CANCELED. If you have not received email confirmation from
us of account cancellation, then the account remains active, and you will continue
to be invoiced. Notification to JCS® of the transfer of your
domain name to another hosting provider does not constitute a cancellation,
as these are often forged without Customer's knowledge. Email is acceptable
for the written notice of cancellation, provided it includes Customer's name,
email, phone (optional), domain name, date to cancel account, and reason for
cancellation.
If you have a balance due at the time of cancellation, this balance must be
paid in full. Cancellation does not absolve you of any outstanding financial
obligations. Any violation of terms or policies which results in termination
of an account and extra costs to JCS® will be billed to the Customer.
In extreme cases, law enforcement will be contacted regarding the activity.
JCS® reserves the right to cancel service for any reason without
prior notice.
JCS® will, in most cases, attempt to contact Customer prior to
suspension or termination of service(s), but cannot guarantee prior notification.
4. EMAIL/SPAM POLICY. We define unsolicited bulk email ("SPAM") as any
electronic communication (email, instant message, etc.) meant to promote a product
or service, which is sent indiscriminately to multiple recipients who have not
agreed to receive such communication.
JCS® may not be the source, intermediary, or destination address
involved in the transmission of any SPAM, email bombs, hate email, or any mass
email. Your email account may not be referenced as originator, intermediary,
or reply-to address of such communication.
JCS® is committed to a zero-tolerance, anti-Spamming policy.
Under this policy, we prohibit SPAM from being sent either 1) over the JCS®
network, by customers or any other users of the JCS® network
(including customer's customers); AND/OR 2) over ANY network - if the message
sent advertises or mentions a site hosted on JCS® servers.
We react quickly and seriously to violations, and we further reserve the right
to suspend or terminate the service(s), without prior notice, of any customer
disregarding this policy. Sending SPAM, cross-posting messages to a large number
of usenet groups, or posting obscene or threatening messages while using or
referring a JCS® email address or website URL is strictly prohibited.
The use of JCS® servers as a mail drop for responses to activities
described above is also prohibited. Accounts canceled due to a violation
of our SPAM/Email Policy will be billed a "clean up" fee of $350.00
Complaints or comments regarding SPAM on our network should be directed via
email to info@jcomputersolutions.com.
5. DOMAIN NAME POLICY. You agree that requested domain names will not
be registered, renewed, or transferred unless JCS® receives actual
payment of the registration fee, or reasonable assurance of payment of the registration
fee from some other entity (such reasonable assurance as determined by JCS®
in its sole discretion).
You agree that JCS® cannot guarantee the ablility to register
or renew any specific domain name, even if your inquiry indicates that domain
name is available. Even if a domain name appears to be available, you acknowledges
that we cannot know with certainty whether or not another party is simultaneously
seeking the domain name you are seeking to register, or whether there are any
inaccuracies or errors in the domain name registration or renewal process or
in the WHOIS and other databases. You also agree that we may elect to accept
or reject your application for registration or renewal for any reason at our
sole discretion. Such rejection may include, but is not limited to, rejection
due to a request for registration or renewal of a prohibited domain name.
You agree that you will lose all rights upon the selected domain name in the
event of cancellation of a payment by a credit card company (or similar action
by another payment provider allowed by us) and that the domain name registration
shall be transferred to JCS® as the paying entity for that
registration to the registry. We will reinstate your domain name registration,
solely at our discretion, subject to our receipt of the initial registration
or renewal fee and a reinstatement fee of CAD$100.
You are responsible for keeping records and maintaining reminders regarding
when a domain registration is set to expire. As a convenience to you, and not
as a binding commitment, JCS® may notify you via email when renewal
fees are due. Should these fees go unpaid, service(s) will expire and/or be
cancelled.
In the event that a domain is not renewed by its expiration date, it will fall
into Redemption. This is a 30 day period (or longer), that begins after a domain
name expires, in which the original registrant may redeem the domain name. Domains
in Redemption will not be published to the zone file and will cease to resolve.
You agree that we may, but are not obligated to, allow you to renew your domain
name after its expiration date has passed. The fee for renewing a domain name
in Redemption is CAD$300, which is based on our cost from the Registry, the
one year renewal fee that is included, and the fact that all redemption requests
need to be processed manually. You agree that after the expiration date of your
domain name registration and before it is deleted or renewed, we may direct
your domain name to an IP address designated by us, including, without limitation,
to an IP address which hosts a parking, under construction or other temporary
page that may include promotions and advertisements for, and links to, JCS®
websites, JCS® product and service offerings, third-party websites,
third-party product and service offerings, and/or Internet search engines, and
you agree that we may place our contact information in the WHOIS output for
the expired domain name. Should you not renew your domain name during any applicable
Redemption period, you agree that we may, in our sole discretion, register and
retain ownership of the domain and/or transfer the domain name to a third party.
You agree that JCS® is not liable or responsible in any way for
any omissions, errors or any other actions by any registry administrator arising
out of or related to your application for and registration of, renewal of, or
failure to register or renew a particular domain name. You also agree to indemnify,
defend and hold harmless JCS®, the applicable registry administrator
and its officers, directors, employees, and agents from and against any and
all claims, damages, liabilities, expenses, and costs (including reasonable
legal fees and expenses) arising out of, or related to, your submission for
and registration, renewal, or failure to register or renew a particular domain
name or names. You agree that your use of our domain name service(s) is solely
at your own risk. You agree that such service(s) is provided on an "as is",
"as available" basis. We expressly disclaim all warranties of any kind, whether
express or implied, including but not limited to the implied warranties of merchantability,
fitness for a particular purpose and non-infringement. We make no warranty that
the service(s) will meet your requirements, or that the service(s) will be uninterrupted,
timely, secure, or error free; nor do we make any warranty as to the results
that may be obtained from the use of the service(s) or as to the accuracy or
reliability of any information obtained through the service or that defects
in the service will be corrected. JCS® makes no warranty regarding
any goods or services purchased or obtained through the service or any transactions
entered into through the service. No advice or information, whether oral or
written, obtained by you from us shall create any warranty not expressly made
herein.
For all .biz, .cn, .com, .info, .name, .net, .org, .tv, .us, and .ws domain
name registrations, you must also agree to the terms in this document. You
acknowledge that JCS® preforms said domain name registrations
as an authorized reseller of OnlineNIC Inc., an ICANN accredited registrar.
For all .ca, .de, and .fr domain name registrations, you must agree to
the terms in this document. You acknowledge that JCS®
preforms said domain name registrations as an authorized reseller of Tucows.com
Co., an ICANN and CIRA accredited registrar.
ICANN Uniform Domain
Name Dispute Resolution Policy
CIRA Domain Name
Dispute Resolution Policy
6. NETWORK ACCESS. JCS® web server accounts cannot be
transferred or used by anyone other than JCS® Customers or authorized
System Users. Customers and System Users may not sell, lease, rent or assign
an Internet connection or parts of the connection to any party without the express,
prior written approval of JCS®. Use of Network bandwidth is expected
to be reasonable and moderate. JCS® reserves the right to imposs
additional charges for use of Network bandwidth in excess of reasonable or allocated
amounts.
7. CONTENT POLICY. All services provided by JCS® may be
used for lawful purposes only. Transmission, storage, or presentation of any
information, data or material in violation of local, Province, or Federal laws
is prohibited. This includes, but is not limited to copyrighted material, trademark,
intellectual property, material we judge to be threatening or obscene, or material
protected by trade secret and other statute without proper authorization. You
agree to indemnify and hold JCS® harmless from any claims resulting
from the use of the service which damages Customer or any other party.
Pornography and sex-related merchandising is prohibited on all JCS®
servers. This includes sites that may infer sexual content, or links to adult
content elsewhere. JCS® will be the sole arbiter in determining
violations of this provision.
Also prohibited are sites that promote any illegal activity or present content
that may be damaging to JCS® servers or any other server on the
Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
JCS® does not host webpages
promoting sites of its competitors.
Any illegal activity, including adult content, links to adult content websites,
spamming or hacking will result in Customer's site being shut down without
warning.
JCS® will be the sole arbiter as to what constitutes a violation
of this provision.
8. CGI SCRIPTS POLICY. Each hosting account comes with its own cgi-bin.
You may use any CGI scripts, however we reserve the right to disable any CGI
script that effects normal server operation or service to other JCS®
customers. You will be notified in 24 hours about an offending cgi script.
9. BACKGROUND-RUNNING PROGRAMS. We may allow programs to run continuously
in the background. These are considered on an individual basis and an extra
charge may be incurred based on system resources used and operational maintenance
needed.
10. BACKUPS. Full backups of hosting accounts are made daily, weekly,
and monthly. No guarantees are made of any kind, either expressed or implied,
as to the integrity of these backups. Backups are made for server restoration
purposes only. IT IS YOUR RESPONSIBILITY TO MAINTAIN LOCAL COPIES OF YOUR
WEB CONTENT. A backup manager is included in each hosting account control
panel and you can use this tool to backup your files. If loss of data occurs
due to an error of JCS®, we will attempt to recover the data
at no charge to you. If data loss occurs due to negligence of Customer in
securing their account or by an action of the Customer, JCS® will
attempt to recover the data from the most recent archive, upon request of
the Customer, for a CAD$20 fee.
11. COMMUNICATIONS & SUPPORT PROCESS. Our primary means of communications
with customers, including for billing purposes, is by email. You must ensure
we have a current email address at all times. We cannot be held responsible
for not notifying you of account status changes if we do not have a current
and working email address. You should check your email regularly to make sure
important notices are not missed.
JCS® primarily offers technical support via our support
website. Priority is given to the ticketing system in all cases.
Toll-free phone technical support is also available at 1-877-516-4889.
12. UPTIME GUARANTEE. JCS® guarantees a 100% network
uptime, meaning all major routing devices within our network are reachable
from the global Internet 100% of the time. In the event that we do not meet
this uptime guarantee, you will become eligible to request compensation for
downtime. The following are exceptions to this guarantee and are not eligible
for downtime credits:
Scheduled network maintenance. Occasionally work must be done
on our network equipment to remain at peak performance. We will do everything
possible to minimize and avoid downtime during these periods, and we will post
advanced notification of these maintenance windows in our support forum.
Hardware maintenance. While we strive to use only the highest quality components
in our servers, there are rare times when hardware may require
maintenance or replacement.
Software maintenance. An important part of managing professional-grade
web servers is keeping the software up-to-date. Occasional software updates
will be required to address security or performance issues. Usually you will
experience little or no downtime, but we cannot guarantee
a specific amount of time in all situations.
Malicious attacks. If a third party not associated with JCS® initiates
a "Denial of Service" or other form of disabling attack against one of our
servers or major portions of our network, we will do everything
in our power to stop the attack, but cannot guarantee a resolution time.
In the event this network uptime
guarantee is not met, JCS® will refund 5% of Customer's monthly
package amount for every 1 hour of downtime,
up to and not to exceed the full monthly amount. The Network is considered
unreachable if there is 100% packet lost between us and our backbone providers.
We cannot provide any guarantees beyond our backbone providers. Downtime is
measured starting 10 minutes past notification of network failure via our support
system, or by telephoning us in the event the support system is
not reachable. End of the downtime is when there is no longer 100% packet loss
between us and our backbone providers. You are responsible to notify accounting@jcomputersolutions.com
within 5 business days of the incident if you believe you are entitled to a
claim.
13. 30 DAY MONEY BACK GUARANTEE. All shared web hosting accounts
come with a 30 day money back guarantee. If you are not completely satisfied
within the first 30 days, a refund will be provided. We do not refund setup
fees. Your domain name must be fully propagated and pointing to our servers
before you request your refund. Any account on JCS® servers
that is caught spamming, violating any of our hosting policies, or abusing
the server in any way will automatically forfeit the right to any refunds,
including the money back guarantee. Multiple month pre-payments receive a discount
and forfeit their right to the money back guarantee.
To cancel an account and take advantage of our 30 day money back guarantee,
please go to our support
website and
use the "Account Cancellation" link. To help us improve our services and
customer satisfaction, please provide an explanation for your dissatisfaction.
Often times we can work with you to solve issues and continue to keep you
as one of our valued customers.
Our 30 day money back guarantee applies
only to shared web hosting accounts. Reseller and dedicated server accounts
are not covered.
14. AGREEMENTS WITH MINORS. JCS® requires that its agreements
be made with a person who is qualified to contract. As such, you must be over
the age of eighteen (18) years. Otherwise, a parent or guardian must accept
this agreement and assume responsibility for payment of JCS®
services and for your compliance with this Agreement.
15. INDEMNIFICATION POLICY. You agree to assume all risk from the use
of any of our services and facilities. JCS® specifically disclaims
all warranties of merchantability and fitness for a particular purpose. In no
event shall JCS® be liable for any loss, or loss of data, or
other commercial damage, including but not limited to special, incidental, consequential
or other damages. You agree to defend, indemnify, save and hold us harmless
from any and all demands, liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against JCS®, its agents, its customers,
or 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, their
agents, employees or assigns. You agree to defend, indemnify and hold harmless
JCS® against liabilities arising out of; 1) any injury to person
or property caused by any products sold or otherwise distributed in connection
with JCS® servers; 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 Customer from JCS®
servers.
JCS® shall be the sole judge of what violates this policy.
16. DISCLAIMER. JCS® will not be responsible for any damages
your business may suffer. We make no warranties of any kind, expressed or implied
for services we provide. JCS® disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data resulting from
delays, non-deliveries, wrong delivery, and any and all service interruptions
caused by JCS® and its employees. You acknowledge that the service
that is provided can be interrupted for reasons other then the negligence of
JCS®. You agree that we cannot be held liable for any damages
arising from any disruption of service that is outside the direct and exclusive
control of JCS®. You also acknowledge that the absolute limit
of any liability for anything for any reason to any customer at all can never
exceed an amount equivalent to the charges payable by the Customer to JCS®
during the period in which damages are alleged to have occured. JCS®
reserves the right to revise its policies at any time without notice. Customers
must adhere to the policies and changes as they are made.
17. DISPUTE RESOLUTION AND GOVERNING LAW. This Agreement shall be governed
by and interpreted and enforced in accordance with the laws of the Province
of New Brunswick and the Federal laws of Canada applicable therein without reference
to rules governing choice of laws. You hereby agree that any action arising
out of this Agreement or the transactions contemplated hereby shall be the city
courts of Fredericton, New Brunswick, and the provincial courts of the Province
of New Brunswick, and you hereby irrevocably consent to the exclusive and personal
jurisdiction of such courts.