Jortex ("The Company") agrees to provide services to the
Subscriber, subject to the following TOS (Terms of Service).
Use of Jortex Services constitutes acceptance and agreement to The Company's AUP
(Acceptable Use policy) as well as the Jortex TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
Jortex and AUP (Acceptable Use Policy). The AUP may be changed from time to time
at the discretion of the Company. Subscriber understands that change to the AUP
by the Company shall not be grounds for early contract termination or
non-payment.
This Agreement shall be construed in all respects in accordance with the laws of
the United Kingdom and the United States Of America.
Tos-1. Disclosure to Law Enforcement: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber agrees that the
Company may disclose any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any law enforcement agent who
makes a written request without further consent or notification to the
Subscriber. In addition Jortex shall have the right to terminate all service set
forth in this Agreement.
Tos-2. Service Rates: Subscriber acknowledges that the nature of the
service furnished and the initial rates and charges have been communicated to
Subscriber. Subscriber is aware that the Company may prospectively change the
specified rates and charges from time to time. The promotional offer is
contingent upon Company achieving and maintaining its cost of service goals
including but not limited to rates charged to the company by its suppliers.
Tos-3. Payment: Establishment of this service is dependent upon receipt
by the Company of payment of stated charges. Subsequent payments are due on the
anniversary date of the month for that month's service.
Tos-4. Payments and Fees: Accounts that reach 3 days overdue will be
suspended until payment has been received, If payment is not received within 7
days of suspension your account will incurr a reactivation charge of £7.50.
Accounts overdue by 30 days or more will be cancelled and all files removed from
our servers. If you wish to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
Tos-5. Refund and Disputes: All payments to Jortex are non refundable.
This includes any one time setup fees and subsequent charges regardless of
usage. All overcharges or billing disputes must be reported within 30 days of
the time the dispute occurred. If you dispute a charge or payment that, in the
company's sole discretion is a valid charge under the provisions of the TOS and
/ or AUP, you agree to pay Jortex an "Administrative Fee" of not less than £25
and not more than £75.
Tos-6. Failure to Pay: The Company may temporarily deny service or
terminate this Agreement upon the failure of a Subscriber to pay charges when
due. Such termination or denial will not relieve Subscriber of responsibility
for the payment of all accrued charges, plus reasonable interest and any
collection fees.
Tos-7. Account Cancellation: Requests for cancelling accounts must be
made by email to cancellations@jortex.com and request that your account be
cancelled. All account information must be included in the cancellation request,
Requests for cancelling accounts must be with at least 14 days notice but not
more than 30 days.
Tos-8. Liability: Subscriber acknowledges that the service provided is of
such a nature that service can be interrupted for many reasons other than the
negligence of the company and that damages resulting from any interruption of
service are difficult to ascertain. Therefore, subscriber agrees that the
company shall not be liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber further acknowledges
that the company's liability for its own negligence may not in any event exceed
an amount equivalent to charges payable by subscriber for services during the
period damages occurred. In no event shall the company be liable for any special
or consequential damages, loss or injury.
Tos-9. New Domain Accounts: All new web hosting accounts involving new
domains will be set up and entered into our DNS servers within 12 hours. Due to
unforeseen complications, however, this process may sometimes require up to 72
hours.
Tos-10. Support Boundaries: Jortex provides 24 x 7 technical support to
our subscribers (except for few holidays when we close our offices). We limit
our technical support to our area of expertise. The following is our guidelines
when providing support: Jortex provides support related to your web site's
physical functioning. Jortex does not offer tech support for application
specific issues such as CGI programming, HTML or any other such issue. If you
can email, we encourage you to email support@jortex.com for assistance. If you
are able to get online and have other questions, the answers may be on our
support pages accessible via our home page - we encourage you to check there
first. Lastly, the Help files in the program you are using may have the answer
to your question so please do investigate these resources.
Tos-11. SPAM and Unsolicited Commercial Email (UCE): Jortex takes a zero
tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM
over our network. Very simply this means that customers of Jortex may not use or
permit others to use our network to transact in UCE. Resellers, webmasters and
web site owners of Jortex may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. Violations of this
policy carry severe penalties, including termination of service.
a. Violation of the Jortex SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Jortex will
initiate an immediate investigation (within 24 hours of notification). During
the investigation, Jortex may restrict customer access to the network to prevent
further violations. If a customer is found to be in violation of our SPAM
policy, Jortex may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Jortex reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated policy
violation. Jortex will notify law enforcement officials if the violation is
believed to be a criminal offence.
b. First violations of this policy will result in an "Administrative Fee"
of £50 and your account will be reviewed for possible immediate termination. A
second violation will result in an "Administrative Fee" of £100 and immediate
termination of your account. Users who violate this policy agree that in
addition to these "Administrative" penalties, they will pay "Research Fees" not
to exceed £50 per hour that Jortex personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
c. As our Resellers are ultimately responsible for the actions of their
clients on Jortex servers, it is advisable that Resellers develop a similar, or
stricter, policy for their clients.
IMPORTANT: Anyone hosting websites or services on their server that
supports spammers or causes any of our IP space to be listed in any of the
various Spam Databases will have their website immediately removed from our
servers. Severe violations may result in immediate and permanent removal of all
sites for that customer from our servers without notice to the customer. Any
customer guilty of a second violation WILL be immediately and permanently
removed from our servers without notice.
Tos-12. Network
a. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk
usage shall not exceed the number of megabytes per month for the Services
ordered by Customer on the Order Form (the "Agreed Usage"). Jortex will monitor
Customer's bandwidth and disk usage. Jortex shall have the right to take
corrective action if Customer's bandwidth or disk usage exceeds the Agreed
Usage. Such corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in The Company's sole and absolute
discretion. If Jortex takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior to such
action. In the event that a customer exceeds the included allocation, Jortex
may, at its sole discretion, request a deposit, in an amount determined by
Jortex.
b. System and Network Security: Users are prohibited from violating or
attempting to violate the security of Jortex and its services. Violations of
system or network security may result in civil or criminal liability. Jortex
will investigate occurrences, which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting Users who are
involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
iii. Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is
not entitled.
Tos-13. Notification of Violation:
a. Jortex is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor do we assume
any responsibility through our AUP to monitor or police Internet-related
activities.
b. First violation: Any User, which Jortex determines to have violated
any element of this Terms Of Service Agreement, shall receive an email, warning
them of the violation. The service may be subject at The Company's discretion to
a temporary suspension pending a User's agreement to refrain from any further
violations.
c. Second Violation: Users that Jortex determines to have committed a
second violation of any element of this Terms Of Service Agreement shall be
subject to immediate suspension or termination of service without further
notice.
d. We reserve the right, to drop the web sites or accounts involved in
Spam or Denial-of-Service complaints if it is clear that the offending activity
is causing great harm to parties on the Internet. In certain rare cases, we may
have to do this before attempting to contact you. If we do this, we will contact
you as soon as is feasible.
Tos-14. Suspension of Service or Cancellation: Jortex reserves the right
to suspend network access to any customer if in the judgment of the Jortex
network administrators the customer's web site is the source or target of the
violation of any of the other terms of the AUP or for any other reason which
Jortex chooses. If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an investigation is complete.
Prior notification to the Customer is not assured. In extreme cases, law
enforcement will be contacted regarding the activity. The customer will not be
credited for the time the customer's services were suspended.
Tos-15. Backups & Restores:
a. Jortex provides the tools and resources needed to create offline /
local backups of your site and its data, It is the responsibility of the
customer to keep up-to-date backups of there site and its data.
b. Jortex does not currently utilize any off server / remote backup
services and is not responsible for any lost of data or profit.
c. We perform routine daily, weekly and monthly backups of all users
data. No guarantees are made of any kind, either expressed or implied, as to the
integrity of these backups.
d. Jortex is not responsible for any users data and all users are
encouraged to perform their own daily backups, if a user experiences data loss
due to there own doing, Jortex may charge a one-time £5 restoration fee per
incident that requires a backup to be restored to a users account, in most cases
Jortex prefers not to impose any extra charges on the customers for this
service.
Tos-16. Jortex reserves the right to amend its policies at any time. All
resellers and webmasters of Jortex must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in the matter described
on these Terms and conditions. Therefore, it is in your best interest to
implement a similar or stricter Terms and conditions or otherwise called
Acceptable Terms of use policy.
Tos-17. Indemnification: Jortex wishes to emphasize that in agreeing to
the Jortex Acceptable Use Policy (AUP) and Terms of Service (ToS), customer
indemnifies Jortex for any violation of the Acceptable Use Policy (AUP) and
Terms of Service (ToS) that results in loss to Jortex or the bringing of any
claim against Jortex by any third-party. This means that if Jortex is sued
because of a customer's or a customer of a customer's activity, the customer
will pay any damages awarded against Jortex, plus all costs and attorney's fees.
Tos-18. Miscellaneous Provisions: You must provide us with, and keep
current, good contact information for you. E-mail and telephone contacts are
used, in that order of preference.
a. A waiver by the Company of any breach of any provision of this
Agreement by Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other provision
thereof.
b. Subscriber shall not transfer or assign this Agreement without the
prior written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without further obligation.
c. Jortex takes no responsibility for any material input by others and
not posted to the Jortex servers by Jortex. Jortex is not responsible for the
content of any other websites linked to the Jortex servers and websites; links
are provided as Internet navigation tools only. Jortex disclaims any
responsibility for any such inappropriate use and any liability to any person or
party for any other person or party's violation of this policy.
d. Jortex is not responsible for any damages your business may suffer.
Jortex does not make implied or written warranties for any of our services.
Jortex denies any warranty or merchantability for a specific purpose. This
includes loss of data resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by Jortex.
e. Whereas Adult material is permitted It is absolutely forbidden to host
any pornographic material that is considered to be unlawful, obscene, harassing,
threatening, abusive, libellous or hateful, This will be determined at our sole
discretion and accounts found hosting this material will be subject to immediate
cancellation without refund. If you are unsure as to whether your content is
permitted then please email support@jortex.com
Tos-19. Responsibility for Content: You, as The Company's customer, are
solely responsible for the content stored on and served by your Jortex website. |
