JWM Marketing & Web Design (“The Company”, “JWM”, “we”, “us”) agrees to furnish services (“service”, “products”) to the subscriber of services (“client”, “customer”, “you”, “your”), subject to the following Terms of Service (“TOS”).
JWM Marketing & Web Design reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. Your continued use of the services after such modifications will constitute your:
- Acknowledgment of the modified TOS; and
- agreement to abide and be bound by the modified TOS.
If you do not agree to these terms, please contact us to cancel your services.
This TOS contains provisions that you are required to pass on to your customers (“end users”) should you have them. It is your responsibility to ensure that these provisions are included in contracts and other agreements with your End Users. You are responsible for your End Users under this TOS.
Other Agreements and Precidence
The pricing, features and term of the products and services you purchase from us are set out on the web page on which the particular products and/or services are described (the .Description Page.). The Effective Date is the date in which the service was activated. The Services are provided to you based on the Description Page as of the Effective Date. The Description Page may change during the Term.
JWM Marketing & Web Design will provide to you the Services as it was depicted on the Description Page as of the Effective Date. If the contents of the Description Page change during the term of your service, JWM is under no obligation to modify your service based on the changes in the Description Page.
JWM will make every reasonable effort to make Services available to you, however, JWM reserves the right to modify the Service or the way in which we provide them to you, should any of the following occur:
- A third party vendor ceases to make a critical aspect of the Service available to us;
- the Service is prohibited by law or regulation; and/or
- it becomes uneconomical for us to continue providing it to you.
JWM reserves the right to refuse service to anyone for any reason.
Certain aspects of the Service may be provided by third parties or third party software. These third parties may have reserved the right to make changes, including material changes, to the service or software that they provide. If a third party makes a change to it’s service or software, you may not terminate this TOS based on such a change, even if it materially affects the Service.
Services are provided to you in a way that you will have access to configure them as needed. It is your responsibility to configure the Services. Any custom configuration will not be allowed to affect the operation of our network, our provisioning of the Services of other customers, and is otherwise subject to our approval. JWM, at it’s sole and exclusive discretion and judgement, may decide to refuse certain custom configurations from running within our network.
You must use your Service in a responsible manner. You may not disrupt other users of the Service, or our network. If your use of the Service results in any such disruption, JWM may require you to modify your use of the Service or discontinue use of the Service until such time as your use does not cause such interference.
JWM Marketing & Web Design provides Backup Services as a courtesy service only and are provided on an as-is, as available service only. The Backup Service is designed to act as a supplement to, and not in lieu of your own backup programs. It is your responsibility to configure the Backup Service to your unique needs. JWM Marketing & Web Design is not responsible for the completeness, integrity, or freshness of your backup files, nor does JWM Marketing & Web Design guarantee that the service will be error-free or fail-safe.
Backup Services are provided for disaster recovery purposes only. Should you, or a third party, request that data held in our Backup Services be used for a purpose other then disaster recovery, in litigation for example, JWM has no obligation to provide that to you. Should JWM Marketing & Web Design decide, at our sole and exclusive judgment, or should JWM be required by law to provide data to you, the data will be provided at our convenience and you will be billed at a rate of $250 per hour. You will also be responsible for any attorney’s fees we incur in reviewing, responding to, or producing your data. You may also be required to pay us a retainer fee to secure your obligations.
The Services provided by JWM Marketing & Web Design may come pre-installed with software owned by a Third-party (“Third-party Software”). If you represent to us that you already have a license to use the Third-party Software, we may require you to provide us with evidence of this license as well as proof of ownership.
You agree that JWM Marketing & Web Design is under no obligation to support any Third-party Software in any way. Should JWM Marketing & Web Design decide, at it’s sole discretion and judgment, to offer support for any Third-party Software, that support is not guaranteed or warranted in any way, and does not constitute as an agreement of any kind.
JWM Marketing & Web Design reserves the right to prohibit the use of any Third-party Software from within it’s network.
JWM Marketing & Web Design may provide software updates, upgrades, bug fixes, or enhancements offered by Third-party Software providers (“Patches”) with or without your requesting JWM to do so. Patches may also be set to be applied automatically using automated patching systems. JWM assumes no liability whatsoever for the consequences resulting from the installation of the Patches, or any attempt by us to install or remove the Patches. It is your sole and exclusive responsibility to determine if installation of the Patches will damage your data, or otherwise affect the operation of your services.
JWM may assign one or more Internet Protocol addresses (“IP address”) to you for use with your services. At all times and under any circumstance, JWM retains the right to use that IP address, and may change the IP address assigned to you at any time for any reason. The IP address is not transferable. Upon termination of this agreement, you must cease use of the IP address that has been assigned to you.
JWM’s use of IP addresses is guided by the policies set forth by ARIN. Those policies state that the use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses, when the service supports name-based virtual hosts. This means you are required to use name-based virtual hosting whenever possible.
You may not use IP addresses that have not been directly assigned to you by JWM Marketing & Web Design. Any service found using IP’s which were not directly assigned by JWM Marketing & Web Design will be suspended from network access until such time as the IP address overlap has been corrected. Any interruption of service that results due to IP address overlap resulting from you using IP addresses that have not been directly assigned to you will be billed to your account. Furthermore, technical support time lost in tracking down the duplicate IP address will be billed to your account at a rate of $250 per hour.
Billing and Payment
JWM’s obligation to provide the Service is contingent on your payment of the fees and charges set out on the Product Description Page (“Fees”). Accepted methods of payment are credit card (Visa, MasterCard, DiscoverCard, and American Express), PayPal, business check, or money order. PayPal payments must be submitted to email@example.com. You are responsible for any additional transaction fees that coincide with any payment methods. Checks and money orders should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by JWM in a timely manner. JWM reserves the right to only accept a certified payment if payment problems occur with a specific customer/company.
JWM requires payment for invoices immediately(“Due Date”), unless alternate arrangements are stated on invoice. It is your responsibility to ensure that JWM receives payment of the Fees. Accounts not brought current will be assessed a 20% monthly finance charge, with a minimum charge of $25.00. This charge will occur monthly until payment has cleared from our financial institution. Should your account go past the 7 day grace period, it can be suspended and charged a re-connection fee.
All setup fees and domain name registration fees are non-refundable for any reason. Domains will be owned by JWM Marketing & Web Design. All pricing is guaranteed for any term of pre-payment. JWM Marketing & Web Design reserves the right to change prices at any time, unless other terms have been agreed upon. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies JWM Marketing & Web Design to request for termination of services. All payment is in U.S. Currency. JWM Marketing & Web Design will bill each client $30.00 per returned check and per credit card charge-back received.
Should the service be suspended, for any reason, Fees will continue to accrue. Should service be interrupted for nonpayment, the account will be subject to a $50 per-service reconnect charge. Reactivation will only occur once the outstanding balance has been received in full. If multiple services are deactivated due to nonpayment, all outstanding invoices must be paid in full before any one service will be reactivated. JWM reserves the right to keep any service deactivated until funds paid have cleared with our financial institution.
Refunds and Disputes
All payments to JWM Marketing & Web Design are nonrefundable. This includes one-time setup fees, prepayment fees, and subsequent charges regardless of usage. You shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by JWM or by you according to the terms outlined by this TOS or JWM’s AUP.
JWM Marketing & Web Design, at it’s sole discretion and judgment, may determine to offer you a refund, pro-rated or otherwise. Depending on the amount of the refund, JWM may opt to issue the refund in increments. The size and frequency that JWM issues refunds is determined exclusively by JWM. Under most circumstances JWM will issue a refund as a credit to an existing account. Under special circumstances JWM may opt to issue a refund via a check.
If you believe there is an error in your bill you must contact JWM within 30 days of the invoice in question (“Dispute Deadline”) in order to file a dispute. You and JWM each agree to work together in good faith to resolve the billing dispute. Your dispute must include sufficient facts for us to investigate your claims. You agree to waive your right to dispute any charges or Fees if you fail to meet the Dispute Deadline. If we find that your claim is valid, we agree to credit the account that is the subject of the dispute on your next bill. If you contact your credit card company, prior to notifying us of the dispute, and initiate a charge back; based on this dispute, or your charge back claim is past the Dispute Deadline, you will be charged a $200 Administration Fee. You will also incur any late charges and other acceptable fees during your dispute. If in the event, we get issued a credit; it will be held for 180 days from the credit date. After 180 days, if you should have a credit with JWM; JWM will issue a check for the amount minus any outstanding invoices.
Account Cancellation and Suspension
JWM Marketing & Web Design reserves the right, at it’s sole discretion and judgment, to cancel this agreement and/or the services provided herein for any reason at any time. JWM will use every reasonable care in notifying you of the reason for this decision, and will make every reasonable effort to work with you to rectify any problems that may have effected our decision.
In order to cancel your account, you must contact JWM at least 30 days before the end of the services billing cycle. Cancellation requests must be in writing and must originate from the account owner that corresponds with JWM’s records. You must have all account information in order to cancel an account. JWM reserves the right to verify the legitimacy of an account cancellation for up to 30 days before the cancellation occurs.
Harassment and Abuse
JWM will not tolerate abuse of any kind towards it’s employees. This includes verbal harassment, yelling, swearing, rudeness, threats, or any intentionally disruptive behavior directed at JWM or any of it’s employees or agents. You agree to engage JWM employees in a professional manner whether in email, support tickets, live chat, forums, or telephone calls. You agree that any abuse originating from you toward a JWM employee for any reason, even regarding a breach by JWM, will be construed as a violation of this TOS agreement. No refunds will be provided for any service termination which arises as a result of a violation of this clause.
You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons, the cause of which can be difficult if not impossible to ascertain. You agree that JWM shall not be held liable for any damages arising from such causes beyond the direct and exclusive control of JWM. You further acknowledge that JWM’s liability for it’s own negligence may not in any event exceed an amount equivalent to charges payable by you for services during the period damages occurred. In no event shall JWM be liable for any special or consequential damages, loss, or injury. IN NO EVENT SHALL JWM Marketing & Web Design MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD JWM Marketing & Web Design HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST JWM Marketing & Web Design, 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 JWM Marketing & Web Design AGAINST LIABILITIES ARISING OUT OF:
- ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH JWM SERVER.
- ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY.
- COPYRIGHT INFRINGEMENT.
- ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM JWM SERVER.
No waiver of rights under this TOS by either party shall constitute a subsequent waiver of this or any other right under this TOS.
You agree that JWM is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other circumstances or occurrences beyond our control. whether or not it is similar to those listed above.
JWM (OR ANY JWM EMPLOYEES/CONTRACTORS) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. JWM MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. JWM 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 JWM AND ITS EMPLOYEES. JWM RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF JWM MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
You may only use JWM servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of JWM management.
Regardless of your location, you agree that for purposes of venue and jurisdiction this contract was entered into and performed in Porter County, Indiana, and any dispute will be litigated or arbitrated in Porter County, Indiana. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Porter County Courts. IN NO EVENT SHALL JWM’S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
You agree that you do not have the right to assign this Agreement without the explicit written permission of JWM. This Agreement shall be in force and effect to the total benefit of You and JWM, and their successors and permitted assigns.