Terms of Service
Important Notice
All hosting packages provided by Justin Keltner's eServices come with a
30-day money-back guarantee.
Justin Keltner's eServices agrees to provide the client web hosting for a
monthly/quarterly/semi-annual/annual fee. JK eServices will never require
clients to advertise for JK eServices on their website in any way shape or form
unless agreed upon such as a non-profit organization receiving complimentary
hosting. Clients are allowed to use the service for business/commercial or
personal websites or content.
Contents
All services provided by JK eServices may only be used for lawful
purposes.
Transmission, storage, or presentation of any information, data or material in
violation of any United States (or any other country) law is prohibited. This
includes, but is not limited to: copyrighted material, material that is
threatening or obscene, or material protected by trade secrets and other statue.
The subscriber agrees to indemnify and hold harmless JK eServices from any
claims resulting from the use of the service which damages the subscriber or any
other party.
Examples of Non-Acceptable Contents or Links
Pirated software
Hacking programs or archives
Warez Sites
Illegal MP3's
Spamming Software
Vip Poster
Proxys
Background Running Programs
We do not allow background-running programs. This includes any IRC
related software such as bouncers and bots. In certain cases we may allow
programs to run continually in the background, these are considered on a one to
one basis and an extra charge will be incurred based on system resources used
and operational maintenance needed.
Banned Scripts
You are free to use any scripts you wish provided they do not affect
the normal operations of the server and they are not mentioned specifically
below. Scripts that are commonly known for causing server disruption include
large cgi-based message forums, auctions, and banner exchanges. In the event a
script affects normal server and/or administrative operations, JK eServices
reserves the right to disable the account pending client cooperation and
resolution.
Violation of indecency and obscenity laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through Justin Keltner's eServices may be
subject to protection under the United States of America (or any other country)
copyright laws, or laws protecting trademarks, trade secrets or proprietary
information. Except when expressly permitted by the owner of such rights, you
must not use the JK eServices Service in a manner that would infringe, violate,
dilute or misappropriate any such rights, with respect to any material, which
you access or receive through the JK eServices Network. If you use a domain name
in connection with the JK eServices Service or similar service, you must not use
that domain name in violation of any trademark, service mark, or similar rights
of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil
liability for the defamer.
Refusal of Service
Justin Keltner's eServices reserves the right at its sole discretion to refuse
or cancel service. Violation of any of the JK eServices Rules and Regulations
could result in a warning, suspension, or possible account termination. Accounts
terminated due to policy violations will not be refunded. Free domains which
have been granted for customers paying annually are released to the customer at
the end of there hosting period. Domains terminated due to policy violations
will not be released to the customer.
Spam or Unsolicited E-Mail
You must not use the JK eServices Network, JK eServices equipment or any JK
eServices email address in connection with the transmission of spam, flames,
mail bombs, or substantially similar, unsolicited email messages. Your domain
may not be referenced as originator, intermediary, or reply-to address in any of
the above. This prohibition extends to the sending of unsolicited mass mailings
from another service that in any way implicates the use of the JK eServices
Network, JK eServices equipment or any JK eServices email address. A message is
considered unsolicited if it is posted in violation of a newsgroup charter or if
it is sent to a recipient who has not requested or invited the message. For
purposes of this provision, merely making one's email address accessible to the
public will not constitute a request or invitation to receive messages.
If you are found to have spammed, JK eServices reserves the right to disable
your domain without warning. In addition, JK eServices may impose a $50 penalty
for each spam policy violation. JK eServices solely reserves the right to refuse
or cancel service to known spammers. Lastly, JK eServices reserves the right to
determine what violates this policy. As such, any violation may result in
cancellation of services without refund.
Abuse
Any attempts to undermine, slander, libel, threaten, or cause harm to a
JK eServices server, customer, employee, or the company directly is strictly
prohibited and is grounds for immediate termination without refund. In addition,
we will pursue all attempts to the fullest extent of the law.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Justin Keltner's
eServices (or it's employee's/owners) harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable legal fees asserted
against JK eServices, 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, it's agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless JK eServices against
liabilities arising out of; (1) any injury to person or property caused by any
products sold or otherwise distributed in connection with JK eServices server;
(2) any material supplied by customer infringing or allegedly infringing on the
proprietary rights of a third party and (3) copyright infringement. Customer
agrees to limit the liability of JK eServices to the amount paid for service.
Free Domain Offers
The terms & conditions for our free domain name offer are plain and
simple. We will register the domain name for 1 year on your behalf. All we ask
is that you stay hosting with us for a minimum of 3 months. If you stay for 3
months or longer and then decide to leave you are free to take the domain at no
charge. If you do not stay for 3 months you will be required to pay the full
price of the domain name before your account can be cancelled.
Refund and Cancellation Policy
For payment, Justin Keltner's eServices accepts Visa, MasterCard, Discover,
American Express or PayPal. JK eServices invoices exclusively via e-mail. We do
not send out invoices via postal services.
You may cancel your account at any time and receive a full refund (excluding
any setup fees or domain name registrations fees incurred) if cancelled within
our thirty (30) day money-back guarantee period. You may cancel for any reason.
If after thirty (30) days you wish to cancel your hosting account, you will
receive no refund of any monies already paid to JK eServices.
However, if customer cancels fifth teen (15) days before recurring monthly
billing date customer will not be billed for the next month and all payments
thereafter will be cancelled with immediate effect.
Late Payment
Any account whose payment status is not current as of the start of the next
billing period is deemed late. Generally, customers are given a 10 day grace
period after which the account is put on suspension.
You will receive a payment reminder everyday from the start of your payment
due date. If after 30 days payment has not been received or we have not been
contacted regarding payment, your account will be terminated without any further
notice. Reactivation of closed accounts due to delinquency incurs a $15
reactivation fee as well as payment of the balance due in full. For late
payments please email
billing@jkeservices.com to arrange payment.
Cancellation
You must use only one of following methods to deliver a official written notice
of cancellation:
Please send an email to
billing@jkeservices.com, with the Subject "Cancel." On receipt your account
will be pending cancellation within 24 hours. Please include, in the message
body, your Name, domain name, username, password and your reason for canceling.
Disclaimer
Justin Keltner's eServices will not be responsible for any damages your business
may suffer. Our company makes no warranties of any kind, expressed or implied
for services we provide. JK eServices 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 Justin Keltner's eServices and its employees. JK eServices makes a 99%
Uptime guarantee.
JK eServices keeps daily backups of their servers. We cannot accept
responsibility for any loss of data or any related consequences that arise.
Justin Keltner's eServices always advises clients to back up their site data
regularly for their own protection.
Finally, Justin Keltner's eServices wishes to emphasize that in accepting
services, customers indemnify JK eServices for the violation of any law or its
policy, that results in loss to our company or the bringing of any claim against
Justin Keltner's eServices. This means that if Justin Keltner's eServices is
sued because of activities of the customer that violate any law, or this policy,
the customer will pay any damages awarded against Justin Keltner's eServices,
plus costs and reasonable legal fees.
Failure to comply with any of our terms & conditions will result in grounds
for immediate account deactivation.
Justin Keltner's eServices reserves the right to change, edit, or update the
policies contained in this document, along with the content on our website at
any time for any reason without notice.
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