All accounts and customers of JDwebsites, are
bound by the Terms of Service.
1) Setup Fees including, but not limited to,
additional programming are nonrefundable.
2) All fees are due in advance of the services provided. Failure to pay in
advance may result in termination of services without notice.
3) Should you choose to terminate or cancel your account, no refund will be
granted and any referral bonuses or outstanding credits to your account will
be forfeited.
4) The use of any data or material, which Customer
receives from the service provided by JDwebsites, is at Customer's sole and
absolute risk. JDwebsites specifically disclaims and denies any responsibility
for the completeness, or accuracy of quality of any and all information
obtained through the services to be provided hereby.
5) JDwebsites will utilize its best efforts to maintain
acceptable performance of services, but JDwebsites makes absolutely no
warranties whatsoever, express or implied, including warranty of
merchantability or fitness for a particular purpose. JDwebsites cannot guarantee
continuous service, service at any particular time, or integrity of data
stored or transmitted via its system or via the Internet. JDwebsites will not be
liable for the inadvertent disclosure of, or corruption or erasure of, date
transmitted or received or stored on its system. JDwebsites shall not be liable
to Customer or any of its customers for any claims or damages which may be
suffered by Customer or its customers, 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 JDwebsites.
6) Customer agrees that it shall defend, indemnify,
save and hold harmless from any and all demands, liabilities, losses, costs,
claims, including reasonable attorney's fees, ("Liabilities")
against JDwebsites, its agents, its customers, servants, officers, employees,
that may arise or result from any services provided, 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 JDwebsites against
Liabilities arising out of any injury to person or property caused by any
products sold or distributed in connection with JDwebsites' server; and
material supplied by Customer infringing or allegedly infringing on the
proprietary rights of a third party; copyright infringement and any defective
product which Customer sold on JDwebsites' Server. As a result of this,
Customer agrees that JDwebsites shall not be liable to Customer for any claims
of actual, compensatory and/or consequential damages which may be suffered by
Customer, including, but not limited to, losses or damages due to the loss
data resulting from delays, non deliveries, or service interruptions caused by
the fault or negligence of JDwebsites. Notwithstanding the above mentioned,
Customer's exclusive remedies, damages, losses and causes of actions shall not
exceed the aggregate dollar amount which Customer paid during the term of this
Agreement.
7) The Customer may only use JDwebsites' services for
lawful purposes. In the event that at any given time, JDwebsites believes that
the service is being used by the Customer in contravention with any of the
terms and provisions contained in this Agreement, JDwebsites has the right to
immediately discontinue such service to Customer without liability other than
to refund any unearned prepaid service fees. The following are restrictive
uses and shall be cause for the immediate termination of web services and this
Agreement without notice to the Customer:
a. Unauthorized distribution or copying copyrighted software, violation of US
export restrictions, embarrassment, fraud, trafficking in obscene material,
drug dealing, and other illegal activities;
b. Unsolicited advertising via email and/or "Spamming" is a
violation of State and Federal Law and is otherwise a violation of this
agreement. Such prohibited conduct subjects Customer to immediate cessation of
service as provided herein and the termination of this agreement without
notice. JDwebsites reserves the right to report such illegal activities to any
and all regulatory, administrative and/or governmental authorities for
appropriate prosecution. In addition, JDwebsites will charge One Dollar ($1.00)
per email recipient for any such activity;
c. Using a non-existing email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email addresses or
newsgroups and/or generating a significantly higher volume of outgoing email
than a normal user), trolling (posting outrageous messages to generate
numerous responses, mail bombing (sending multiple messages without significant
new content to the same user), subscribing someone else to a mailing list
without that person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization to enter into a
secured computer system. JDwebsites reserves the right to determine what is Net
abuse;
d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or
private information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyright, or other
intellectual property rights;
e. The Customer expressly understands and agrees that illegal Adult oriented
Websites featuring nudity and acts of a sexual nature are expressly
prohibited. JDwebsites reserves the right to immediately terminate and remove
any such unauthorized Websites without notice and discontinue service to
Customer without notice or liability for actual, compensatory or consequential
damages to Customer for the interruption in service.
f. MUDDS, List servers or any other Internet application that are not Website
specific, are specifically prohibited.
8.) Backups and Data Loss
Your use of the service is at your sole risk. JDwebsites 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 JDwebsites servers.
Disclaimer
JDwebsites will not be responsible for any damages your business may suffer. JDwebsites
makes no warranties of any kind, expressed or implied for services we
provide. JDwebsites disclaims any warranty or merchantability or fitness for a
particular purpose. The includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions caused
by JDwebsites and its employees. The services provided by JDwebsites are provided
AS-IS and without any warranty expressed or implied. JDwebsites reserves the
right to revise its policies at any time.
(Rev. 08/2008)
AcceptableUse
