JF Web Consulting Terms of Service ("TOS")

This TOS Policy was last updated on November 09, 2009.

Content
All services provided by JF Web Consulting are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless JF Web Consulting, from any claims resulting from the subscriber's use of JF Web Consulting services which damages the subscriber or any other party.

 

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

JF Web Consulting will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

 

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

 

Commercial Advertising - Email -

• Spamming, i.e. the sending of unsolicited email, from any JF Web Consulting server or any server located on the JF Web Consulting network is STRICTLY prohibited. JF Web Consulting will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at JF Web Consulting.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by JF Web Consulting customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any JF Web Consulting-hosted domain, or referencing any JF Web Consulting account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
• All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.

Server Abuse - Any attempts to undermine or cause harm to a JF Web Consulting server or subscriber of JF Web Consulting is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of JF Web Consulting and all clients must adhere to the above policies.

 

Bandwidth Measurement and Overage Fees
Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $0.75 per GB over.

Scheduled Maintenance and Downtime
JF Web Consulting will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond JF Web Consulting's control or which are not reasonably foreseeable by JF Web Consulting, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. JF Web Consulting will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. JF Web Consulting has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

 

Refunds
JF Web Consulting has a 30 day no condition refund policy. Notice of cancellation must be given before the month in question begins.

Any violation of JF Web Consulting's Terms of Service Agreement shall result in no refund.

 

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle.

 

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by JF Web Consulting.

 

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 14 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

 

Termination of accounts due to overdue payment: If the account is not paid within 30 days of the invoice date, the account will be terminated and all information within the account will be deleted.

 

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

 

Courtesy Services for Customers
All services such as backup and Cpanel are provided for the courtesy of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber's own backup of any data. JF Web Consulting is not responsible for lost data or for lost data due to third party software that is not maintained by JF Web Consulting. (Cpanel is not associated with JF Web Consulting)

 

Limitation of Damages
Recovery of damages from JF Web Consulting Web may not exceed the amount of fees it has collected on the account.

General
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and JF Web Consulting.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by JF Web Consulting administrators without prior notice.

All prices, with the exception of the 30-day money back guarantee, are nonrefundable and nonnegotiable.

The 30-day money back guarantee does not pertain to Domains or Web design services.

JF Web Consulting will not be held liable for any data lose due to server hardware failure or software failures or anything else not stated that would cause data loss. Customers of JF Web Consulting are to maintain own backups. Nightly backups are created but are not guarantee to be successful in recovery. All customers of JF Web Consulting host at your own risk.

Any violation of these Terms of Service will result in termination of the account. JF Web Consulting maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.