Content Guidelines

All services provided by JM Web Design may be used for lawful purposes only. Transmission, storage and/or presentation of any information, data  or material in violation of any United States Federal, State. City or Township law is prohibited.  This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and/or other statute.  The subscriber agrees to indemnify and hold harmless JM Web Design and its employees from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography and/or sex-related merchandising is prohibited on all JM Web Design servers. This includes sites that may infer sexual content, or links to adult content elsewhere. JM Web Design will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to JM Web Design servers or any other server on the internet. 

Links to such illegal or damaging materials are also prohibited.

Examples of unacceptable content or links to unacceptable content:

•  Pirated software
•  Hacker programs or archives
•  Warez sites
•  Pornography (of any nature)
•  Hate/Race related inflammatory content

JM Web Design will be the sole arbiter as to what constitutes a violation of this provision.

We also do not permit any of the following:

•  Sites offering high volume downloads:

This is any site where 20% or more of their monthly traffic is from file downloads.

•  Sites using more than 20% of system  resources:

JM Web Design will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising and/or Email

Spamming, or the sending of unsolicited email and/or the sending of bulk email from a Site Host Mail Server or advertising an email address or domain that is maintained on an JM Web Design machine as a reference, is STRICTLY PROHIBITED.  Accounts in violation of our spamming policy WILL BE DELETED WITHOUT NOTICE with NO REFUND DUE. In addition, violators may be held financially liable at a rate of $100.00 per day for the sending of unsolicited bulk email from JM Web Design servers. The same policy is in effect for any resold accounts. JM Web Design will be the sole arbiter as to what constitutes a violation of this provision.

Chat Rooms

We usually do not allow clients to install their own third-party chat rooms. These tend to be a large drain on system resources. CGI Chat rooms are absolutely prohibited in all situations.  Should you require a chat room, we recommend using an outsourced chat solution not residing on our servers.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge may be incurred based on system resources used including the level of operational maintenance which may be required.

IRC

We DO NOT allow IRC or IRC bots to be operated on our servers.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of JM Web Design is strictly prohibited.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service to any person or company at our sole discretion, at any time.

Domain Registrations

It is the sole responsibility of the client to ensure the information for their domain record is accurate and updated when necessary. Furthermore, it is the sole responsibility of the client to ensure the continued registration of their domain. JM Web Design IS NOT responsible for any client domain renewal.

All communication pertaining to client domains is via email. Therefore, you are required to keep a current email address in your contact information at all times. As domain registrations and renewals are non-refundable, you will be sent a notice to renew your domain within 30 days of the expiration. This notice will be sent to the email contact address on file with your account. It is the client responsibility to maintain current contact and billing information.

By requesting that JM Web Design register or host your name, you agree to be a party to and to be bound by the these terms.

Uniform Domain Name Dispute Resolution Policy All Domain Name Registrations are made through an ICANN accredited registrar. All JM Web Design clients must agree to and abide by the Rules For Uniform Domain Name Dispute Resolution Policy as approved by ICANN as of October 24, 1999. 

In the event of any domain name dispute, these are the resolution guidelines that are to be followed by for matter of resolution between parties.

Limitation of Liability

JM Web Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from JM Web Design servers going off-line or being unavailable for any reason whatsoever.  Furthermore, JM Web Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of JM Web Design servers.  All damages shall be limited to the immediate termination of service.

Violations of these Acceptable Uses Policies should be referred to: abuse@jmwebdesign.net.

All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer

JM Web Design can not be held liable for system downtime, crashes or data loss. JM Web Design can not be held liable for any predicted estimate of profits in which a client would have gained if their site was operational or in any way functioning.  Certain services provided by JM Web Design are resold. Thus, certain equipment, routing, software, and programming used by JM Web Design may not be directly owned or written by JM Web Design.  Moreover, JM Web Design holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated immediately and without notice. JM Web Design reserves the right to remove any account without advanced notice for any reason without restitution as determined by JM Web Design.

Account Billing

BE SURE to abide by the JM Web Design Acceptable Use Policy and it's terms of service. Failure to comply WILL RESULT in IMMEDIATE account termination without restitution. NOTE: All accounts will automatically be re-billed for an additional hosting term unless a request for account cancellation is submitted by the account holder no less than 10 calendar days prior to the expiration date of the expiring hosting term.

Our Cancellation Policy can be viewed here.

IN THE EVENT an account can not be successfully re-billed by its due date, it WILL be suspended until such time as ALL billing for the account can be satisfied. This will also include a delinquent account reactivation fee in addition to any charges that may be due for a new account hosting period.

Delinquent Accounts: There is a US $15 reactivation Fee charged for ALL accounts with billing delinquencies. The account MUST be brought current BEFORE the account will be un-suspended.

If the billing for an account cannot be satisfied within 10 calendar days following suspension, the account will be cancelled for non-payment deleting all files from our servers.

Once cancelled for non-payment, we will reinstate your account solely at our discretion, and subject to our receipt of the delinquent amount in addition to our reinstatement fee, currently set at US $50.

Account Charge Back

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments toward your account, you agree and acknowledge that your account will be IMMEDIATELY SUSPENDED WITHOUT NOTICE.

We will reinstate your account solely at our discretion, and subject to our receipt of the charged back amount in addition to our reinstatement fee, currently set at US $100. If the account is not reinstated within 10 calendar days, the account will be cancelled deleting all files from our servers.

All cancellation requests **must be** submitted via the Online Support Center in the form of a support request ticket. We DO NOT accept cancellation requests to be submitted by telephone or by email.

This requirement is to protect the interests of the account holder from unauthorized submissions by devious parties.

NOTE: All requests for account upgrades/downgrades **must be** submitted via the Online Support Center. We DO NOT accept account upgrade requests to be submitted by telephone or by email.

This requirement is to protect the interests of the account holder from unauthorized submissions by devious parties. IT IS the customers responsibility to maintain accurate and current billing information for their account. Billing information can be updated via a link at the Online Support Center, or by the link located in your client control panel.

Refund Policy

JM Web Design offers our hosting customers a 30-day money back guarantee. What this means is that within 30 days from when you order your hosting account with us, you are entitled to a refund if you are not satisfied with our service.

Further details can be read here as posted in our Cancellation Policy.

Announcements

We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.

Account Activation

By ordering services and activating your account with JM Web Design, you agree to all terms of service and disclaimer as outlined above. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account file.

Should you choose not to accept these terms, no service of any kind will be provided to you by JM Web Design. After acceptance of these terms and service is provided, if at any time you choose to not accept these terms as outlined, your service will be immediately terminated without notice.

NOTICE: If you sign up for an account and are determined to be in violation of our terms of use, NO REFUNDS will be given. We will however let you know by email or phone before any action is taken, providing you the opportunity to resolve the matter.

FURTHERMORE, JM Web Design retains the right to change any or all of the above Policies, Guidelines, and Disclaimer at any time and without notification.

Acceptance of these terms of service constitutes the entire agreement between the parties hereto. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Michigan and the United States of America.