06 SEP 10

Terms of Service:

Modification
J F M Web Deisgn, LLC reserves the right to add, delete or modify any provision of this policy at any time without notice. You agree to be bound by any changes J F M Web Deisgn, LLC may reasonably make to this agreement when such changes are made. If you have purchased services or software from J F M Web Deisgn, LLC, the term of this agreement shall continue in full force and effect as long as you take advantage of and use the software or services that we provide. You can find the latest update time at the bottom of this page.

You agree that you will be responsible for notifying J F M Web Deisgn, LLC should you require to terminate your use of J F M Web Deisgn, LLC's services. Notification of your intent to terminate must be provided at least 5 days prior to your billing date.

Privacy
J F M Web Deisgn, LLC will not sell, distribute, reveal, or otherwise make available any customer information. Should we need to contact you directly regarding your specific account or service we will do so via email only or by phone.

Domain Names and Domain Registrations
In order for your domain name to point to the J F M Web Deisgn, LLC server your new account is located on, you must change your DNS (Domain Name Servers) at your registrar. These DNS are located in your welcome email and they are defined in a pair (primary- ns*.lnhi.net and secondary- ns*.lnhi.net). Please note: Our DNS are unique to each server so if you sign up and then a few months later open another account, you might not be using the same DNS as before.

Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to J F M Web Deisgn, LLC and away from your original registrar. You will need to contact us or submit a support ticket to initiate a domain transfer.

JFMwd LLC will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. J F M Web Deisgn, LLC does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk. If you have any questions at all about DNS changes or domain names in general, please open a support ticket.

Content
JFMwd LLC believes in freedom of speech. However, any content (written, visual, or implied) in the following areas will not be tolerated and is grounds for immediate suspension of service (in most cases customer will be allowed a zip file of their account): racism or prejudice due to colour, creed, or belief; any violent/malicious/obscene content written, visual or implied. We will not tolerate any type of hate site including terrorist related websites on our network. If we receive notice that there is such a hate site hosted within our network, the customer hosting the material will be notified immediately. They are required to remove the content within a certain timeframe or will face account suspension and/or termination.

We prefer that you self-govern your content and remain responsible and all-knowing of what your website publically provides. Even if other users have access to your account, you are responsible for their actions. The resources and time needed to govern our servers by checking each website individualy, which have growing and evolving content, is impossible. However, if J F M Web Deisgn, LLC is made aware of any questionable content on a JFMwd LLC-hosted site, we will address the concerns immediately and directly with you to seek an amiable resolution. If any person contacts us about content they have found on a J F M Web Deisgn, LLC server that copyrights their own material or that they wish to be removed, we require a proper written notice to begin investigation. Even though the aggregate bandwidth you may use is not limited in some accounts, your web site must be used primarily for the display of HTML pages, and the total amount of data transferred from your web site space may not exceed one megabyte for every two html page views. All use of web site space shall be subject to all the terms and conditions set forth herein. JFMwd LLC retains the authority to restrict your website as to file types and size, and to restrict transfer rates or amounts.

Liabilities
JFMwd LLC makes no endorsement, claims, or promises regarding the services offered by our customers and will not be held liable for any disputes or claims against said customers. In no event shall JFMwd LLC be liable for any direct, indirect, incidental, consequential, special and exemplary damages, or any damages whatsoever, arising from the use or performance of a customer web site or from any information, services or products provided through a customer web site. If there is questionable content on any server in our network, we will not take any action against any material or action until the website is brought to our attention by contacting our abuse department.

Payments and Agreement to Pay
As consideration for the software or services purchased by you and provided to you by J F M Web Deisgn, LLC, you agree to pay J F M Web Deisgn, LLC at the time of your order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term. J F M Web Deisgn, LLC expressly reserves the right to modify pricing through email notification and/or notice on its web site. You may make payment by providing either a valid credit card or PayPal email address.

All hosting accounts, including VPS and dedicated servers, are billed at the same date as when you signed up, be it monthly, quarterly or annually.

If for any reason, JFMwd LLC is unable to charge your payment method for the full amount owed, or if J F M Web Deisgn, LLC is charged a penalty for any fee it previously charged to your payment method (such as a charge back dispute), you agree that J F M Web Deisgn, LLC may peruse all available remedies in order to obtain payment. You agree that among the remedies J F M Web Deisgn, LLC may peruse in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names or services registered or renewed on your behalf.

You agree that you are solely liable for arranging that your services are renewed, and that J F M Web Deisgn, LLC shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. You also agree that you are liable for all services that have been rendered on your behalf until a termination of service has been officially received by the accountholder for services.

Late Payments
If at any time, your hosting payments become past due, you will receive notifications via email (3 notifications in total, to the most recently updated email address on file within your client area) with instructions on rectifying the situation. Please note that JFMwd LLC holds the right to deny access to and/or de-activate accounts hosted on our servers of which have unpaid past due balances.

Accounts and servers will get automatically suspended of service if payment for hosting is not received 7 days after the due date.

All Accounts 5 days past due will be assessed a $10 late fee, which will be added to the invoice.

If an account holder submits a bank assisted dispute for services rendered, their hosting account will be de-activated within 48 hours if the payment issue has not been recovered. A $50.00 charge back fee will be added to the amount disputed by the customer.

We only accept credit cards or PaypPal for payment of services. Yearly plans renew automatically and are charged to the most recently updated credit card (or Paypal address) on file. In the event that your yearly/monthly charge is denied and we are unable to contact you, then the previously mentioned fees to enable your account shall apply. Monthly installments will incur for the entire duration services are rendered and you remain subscribed to until you submit proper cancellation of the account.

Any debt not paid 60 days after the due date will be forwarded to an outside collections agency for proper collection. At that time, the account holder will incur a $50.00 USD collection fee added to the balance previously due.

Please note that J F M Web Deisgn, LLC holds the right to deny access to and/or de-activate accounts hosted on our servers with past due balances.

Please address any questions regarding payments to our billing department by opening a ticket in our support area.

Cancellations
If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. You may cancel by sending a support ticket or by using the cancellation form within your client area.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of J F M Web Deisgn, LLC staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Refunds/Account Termination
If, for any reason, J F M Web Deisgn, LLC fails to deliver said services to you, a prorated refund will be issued. No refunds will be issued if abuse of our stated policies forces J F M Web Deisgn, LLC to suspend or terminate your services prematurely. In the event you request account cancellation, once your service has been cancelled, your account will be suspended from use. It will then be deleted within 30 days. Cancellations of accounts pre-paid for on a monthly basis will not receive a refund for the remainder of the billing period. Cancellations of accounts pre-paid on a yearly basis will only receive a pro-rated refund based on the monthly rate of the same hosting plan. All add-on service payments are non-refundable as they are included only during the life of the hosting plan. If for any other reason your account becomes suspended and remains suspended it will be deleted after a 30-day period.

ACCEPTABLE USE POLICY

J F M Web Deisgn, LLC is dedicated to providing an all-round top quality service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities.

Failure to follow any term or condition will be grounds for immediate account deactivation without notice. J F M Web Deisgn, LLC will be the sole arbiter as to what constitutes a violation of any of these provisions.

Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

To report suspected abuses or any violations of these policies, please contact our abuse department by submitting a support ticket or via our contact form.

Chat Rooms
JFMwd LLC does not provide nor allow chat rooms on shared hosting environments. You may elect for a Dedicated Server or VPS to run a chat room efficiently.

Background Running Programmes
JFMwd, LLC does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.

IRC
J F M Web Deisgn, LLC does not allow IRC servers, IRC bots, or IRC shells to be operated on our servers.

Backups
JFMwd LLC performs daily system backups on all servers to ensure critical files are never lost in case of a hardware failure. However, J F M Web Deisgn, LLC is NOT responsible for lost data, time, income or any other resource due to faulty backups or non-existent backups. Please always backup your own data for redundancy. You may opt to backup your data to a secondary account or dedicated backup account. Please contact the sales department for more information on this.

Client Responsibility
The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of J F M Web Deisgn, LLC's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, C Shell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of J F M Web Deisgn, LLC to provide this knowledge or support outside matter specific to J F M Web Deisgn, LLC servers.

UCE (Unsolicited Commerce Email) - SPAM
Spamming, or the sending of mass unsolicited email, from or through a J F M Web Deisgn, LLC server or using an email address that is maintained on a J F M Web Deisgn, LLC machine is STRICTLY prohibited. J F M Web Deisgn, LLC will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through a J F M Web Deisgn, LLC server as a mail drop for responses, you are in violation. Violators will be assessed a minimum of $100.00 fine and will face an immediate suspension. See our Mail Policy for more details.

Server Abuse
Any attempts to undermine or cause harm to a J F M Web Deisgn, LLC server or customer of J F M Web Deisgn, LLC is strictly prohibited.

Any sub-networks of J F M Web Deisgn, LLC and dedicated servers must adhere to the above policies. The failure to meet or follow any of the above guidelines are grounds for account deactivation. We reserve the right to remove any account without prior notice.

Software Distribution
JFMwd LLC 's shared Web Hosting accounts are not to be used for the purposes of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact the sales department for a special arrangement.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. JFMwd, LLC Hosting accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing the multimedia files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of multimedia files.

Domain Names
J F M Web Deisgn, LLC will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names. J F M Web Deisgn, LLC does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire. We do not handle renewals unless specifically asked for by sending a ticket to our helpdesk.

Actions Taken by J F M Web Deisgn, LLC
The failure by a customer to meet or follow any of the above policies/terms is grounds for account deactivation. J F M Web Deisgn, LLC will be the sole arbiter as to what constitutes a violation of the AUP. JFMwd, LLC reserves the right to remove any account without prior notice.

When J F M Web Deisgn, LLC becomes aware of an alleged violation of its AUP, J F M Web Deisgn, LLC will initiate an investigation. During the investigation, J F M Web Deisgn, LLC may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, J F M Web Deisgn, LLC may, at its sole discretion, restrict, suspend, or terminate a customer's web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, J F M Web Deisgn, LLC will notify the appropriate law enforcement authorities of such violation.

J F M Web Deisgn, LLC does not issue credits for outages incurred through service disablement resulting from AUP violations.

J F M Web Deisgn, LLC customers agree to indemnify and hold harmless J F M Web Deisgn, LLC from any claims resulting from the use of our services that damages them or any other party. The J F M Web Deisgn, LLC service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. J F M Web Deisgn, LLC expressly disclaims any representation or warranty that the JFMwd LLC service will be error-free, secure or uninterrupted. No oral advice or written information given by J F M Web Deisgn, LLC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. J F M Web Deisgn, LLC and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification
JFMwd LLC servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, prescription drug sales, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws or the laws of the state of Florida. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to J F M Web Deisgn, LLC service agrees to indemnify and hold harmless J F M Web Deisgn, LLC from any claims resulting from the use of the service that damages the subscriber or any other party.

J F M Web Deisgn, LLC customers agree to indemnify and hold harmless J F M Web Deisgn, LLC from any claims resulting from the use of our services that damages them or any other party. The J F M Web Deisgn, LLC service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. J F M Web Deisgn, LLC expressly disclaims any representation or warranty that the JFMwd LLC service will be error-free, secure or uninterrupted. No oral advice or written information given by J F M Web Deisgn, LLC, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. J F M Web Deisgn, LLC and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Refusal Of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.

JFMwd, LLC has a zero tolerance policy regarding unsolicited commercial email (UCE) and unsolicited bulk email (UBE) also known as "spam".

Definition of spam
An electronic message is "spam" IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.

You will be cited with "UCE/UBE Abuse" if you send any email to persons who have not specifically asked to receive email from you. The sending origin of such email is irrelevant. Upon confirmation of abuse, any J F M Web Deisgn, LLC customer engaging in this practice will have their service suspended. Not only does spam place a strain on the server that can negatively effect that server's uptime record and performance record, you subject that server to the possibility of being blacklisted.

If your site will be sending mailings out to subscribers, this is a checklist of what you are required to do:

The number of messages allowed to be sent per hour, per domain, is 350 messages.

You must not try to hide, forge or misrepresent the sender of the e-mail and sending site of the e-mail.

Bulk mailings must specifically state how the persons' e-mail addresses were obtained and must indicate the frequency of the mailing.

Bulk mailings should contain simple and obvious unsubscribe mechanisms. We recommend that this be in the form of a working link to a one-click unsubscribe system; however, a valid "reply to:" address may be used instead.

All subscription based e-mail must have valid, non-electronic, contact information for the sending organization in the text of each e-mail including either a phone number or physical mailing address.

All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to AOL upon request.

Prohibited Uses of J F M Web Deisgn, LLC Network Systems and Services Regarding Spam
Sending Unsolicited Bulk Email ("UBE", "spam")
The sending of any form of Unsolicited Bulk Email through J F M Web Deisgn, LLC's servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on J F M Web Deisgn, LLC's servers, is prohibited. J F M Web Deisgn, LLC accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.

J F M Web Deisgn, LLC believe that strong electronic privacy is crucial for the ongoing success of the Internet as a service, commercial and entertainment medium. To this end, unless you designate otherwise, the information you enter here will be known to only two parties: you and J F M Web Deisgn, LLC. We pledge that J F M Web Deisgn, LLC will not release your personal data to anyone else without your consent - period. You may change the status of whether you wish to receive J F M Web Deisgn, LLC offers and communications at any time. When we do present information to our advertisers, unless you tell us otherwise, it is in the form of aggregate statistics compiled among all of our visitors' answers to survey questions as well as grouped on-site behavior.

Use of Email Addresses Collected from Newsletter and Mailing List Subscriptions

After signing up to receive any of JFMwd, LLC Newsletters or mailing lists by email, users will start receiving newsletters or emails delivered on a daily, weekly, or monthly basis, as well as occasional product-related announcements.

On JFMwd LLC Web sites that offer newsletters, we collect subscribers' email addresses in order to distribute those newsletters and product-related announcements. In addition, J F M Web Deisgn, LLC has entered into agreements with a number of other companies to distribute J F M Web Deisgn, LLC newsletters and mailing lists to users on their systems. J F M Web Deisgn, LLC newsletters and mailing lists are also offered in a number of Newsletter Partner sites, all of which require a user's email address for distribution. In the case of those email addresses collected by our Partners, email addresses are either forwarded to us for maintenance by J F M Web Deisgn, LLC, or are kept and maintained exclusively by our Partners under privacy conditions acceptable to J F M Web Deisgn, LLC. If you are concerned about the privacy policies of a Newsletter Partner site, please contact the webmaster of that site.

In case for further clarification please feel free to write to us at webinfo@jfmwebdesign.com This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

Legal Disclaimer

We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order or legal process served on our website.

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