Acceptable Use Policy (AUP)
JWM Marketing & Web Design, Inc.
JWM Marketing & Web Design’s Acceptable Use Policy (“AUP”) describes the proper kinds of conduct and prohibited uses of JWM Marketing & Web Design’s hosting services (the “Services”). This AUP is not exhaustive and JWM Marketing & Web Design reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at http://www.jwmmarketing.com/company/acceptable-use-policy/.
By registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as JWM Marketing & Web Design deems appropriate.
Any attempt to undermine or cause harm to a server, or customer, of JWM Marketing & Web Design is strictly prohibited. Unauthorized use of other people’s accounts or computers is strictly prohibited. JWM Marketing & Web Design will strongly react to any use, or attempted use, of an internet account or computer without the owner’s authorization. Such attempts include: “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a JWM Marketing & Web Design customer, whether or not the attacked account or computer belongs to JWM Marketing & Web Design, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – JWM Marketing & Web Design has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of the terms outlined in this AUP.
Customers may not run IRC, bots or clients on JWM Marketing & Web Design’s servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, adult content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by JWM Marketing & Web Design to be unacceptable use of JWM Marketing & Web Design’s services including abuse of server resources.
All hosting accounts may be terminated that include the following content or which have links to the following content:
- Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Displaying material that exploits children under 18 years of age.
- Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
- Exporting encryption software over the internet or otherwise, to points outside the United States.
- Distributing information regarding the creation of and sending internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Any account that is deactivated by the abuse team will be charged the following reactivation fees:
- 1st offense – $25.00
- 2nd offense – $100.00
- 3rd offense – $500.00 + Account termination
This fee will only be waived if it is determined by the abuse team that the account was disabled without cause. JWM Marketing & Web Design reserves the right to decide what it considers “server abuse”.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. JWM Marketing & Web Design takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.
The following activities are not allowed:
- Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
- Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”).
- Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. “Spamming,” or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
- Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
- Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation.
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through JWM Marketing & Web Design (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
Penalty: Depending on the severity of your SPAMMING, JWM Marketing & Web Design reserves the right to charge you between $1.00 – $100.00 PER SPAM sent through our network. Your web site content will also be confiscated and it will NEVER be returned to you.
Server Resource Abuse
Shared hosting accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth.
Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, CFML, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.
Adult content, pornography and sex-related merchandising are prohibited within the JWM Marketing & Web Design Network. This includes sites that may infer sexual content or link to adult content elsewhere.
Because the internet is a global communication tool, it is difficult to dictate what is considered “adult content.” It is not our function to discriminate against those who choose to utilize adult content or adult related material. However, JWM Marketing & Web Design has chosen to enforce its “no adult sites/products,” policy.
What is Adult Content?
- Sexually explicit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal.
- Sexually explicit pictures, writing or any material/products that involves children (anyone under the age of 18) is strictly prohibited.
- Photos, videos or animated depiction showing nudity in women or men for non-scientific or non-artistic purposes.
- Any site whose revenue is gained all or in part from its adult content or products.
- Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.
JWM Marketing & Web Design reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.
Our policy on child pornography is zero-tolerance. JWM Marketing & Web Design will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the JWM Marketing & Web Design Network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Any kind of IRC clients or IRC bots are strictly forbidden. We understand that occasionally there are acceptable uses for these services but due to the frequency at which these services are abused, we simply cannot afford to allow them. Anyone found to be in violation of this policy risks immediate account termination.
You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package. In the case of unmetered bandwidth, JWM Marketing & Web Design may, at it’s sole discretion, elect to re-negotiate bandwidth terms if we determine unmetered bandwidth usage to be extraordinary. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, JWM Marketing & Web Design may, in its sole discretion, assess you with additional charges. If JWM Marketing & Web Design elects to take any corrective action, JWM Marketing & Web Design will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in exceeding the limits outlined in your particular web hosting package specifications and resultant charges.
Right to Audit
JWM Marketing & Web Design reserves the right to audit all accounts for integrity and security purposes in order to protect our hardware and network from damages associated with inadequate security settings. It is the customer’s responsibility to maintain strong security for their account at all times. JWM Marketing & Web Design reserves the right to audit your passwords to ensure they are of adequate strength. If your password fails the audit, we will give you 24 hours to change the password, otherwise we reserve the right to change the password for you.
Right of Inspection
JWM Marketing & Web Design reserves the right to monitor activity on our servers and network for the purposes of integrity, security, performance, and good business practices. By ordering an account, you consent to such monitoring of files, applications, internet traffic and any other content uploaded or recived through the JWM Marketing & Web Design network or servers.
Any attempt to cirumvent, alter, or otherwise bypass our ability to accurately monitor our services is prohibited and can result in a termination of services, without any possibility of a refund.
JWM Marketing & Web Design requires payment terms of Net 10, unless otherwise agreed upon. Accounts not brought current will be assessed a 1.5% finance charge, with a minimum charge of $3.00.
The Annual Percentage Rate for past-due accounts is 18%.
Setup fees are non-refundable. 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 $60.00 per returned check and per credit card chargeback received.
JWM Marketing & Web Design reserves the right to cancel service at any time. Fees paid in advance of cancellation may (at JWM Marketing & Web Design sole discretion) be pro-rated and paid by JWM Marketing & Web Design if JWM Marketing & Web Design institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
If this Agreement is terminated due to any violation of this AUP, any pre-payments, fees, or costs sent to JWM Marketing & Web Design will not be pro-rated or returned to the Customer who’s Agreement was terminated.
Liability and Obligations on Cancellation
If the Agreement expires or is cancelled for any reason, JWM Marketing & Web Design is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration.
If you terminate this Agreement, JWM Marketing & Web Design will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to JWM Marketing & Web Design under this Agreement.
IP Address Overlap
JWM Marketing & Web Design administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by JWM Marketing & Web Design staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected.
Material and Product Requirements
You must ensure that all material and data placed on JWM Marketing & Web Design’s equipment is in a condition that is “server-ready,” which is in a form requiring no additional manipulation by JWM Marketing & Web Design. JWM Marketing & Web Design will make no effort to validate any of this information for content, correctness or usability. If your material is not “server-ready”, JWM Marketing & Web Design may reject this material. JWM Marketing & Web Design will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy JWM Marketing & Web Design’s requirements.
Use of the Services 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 your Web site. You must have the necessary knowledge to create and maintain a website. JWM Marketing & Web Design does not provide this knowledge or customer support outside of the Services.
Intellectual Property Rights
Material accessible to you through JWM Marketing & Web Design’s Services may be subject to protection under the United States or other 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 JWM Marketing & Web Design or its servers and network 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 JWM Marketing & Web Design Network. If you use a domain name in connection with JWM Marketing & Web Design or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the JWM Marketing & Web Design Network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
JWM Marketing & Web Design will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system; JWM Marketing & Web Design will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting JWM Marketing & Web Design or any of its other customers.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation:
- The accuracy and appropriateness of content and materials appearing within the store or related to your products.
- Ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party.
- Ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your website. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static/Dynamic Content Caching
- You expressly grant to JWM Marketing & Web Design a license to cache the entirety of your website, including content supplied by third parties, hosted by JWM Marketing & Web Design under this Agreement.
- You expressly agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
JWM Marketing & Web Design shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by JWM Marketing & Web Design and JWM Marketing & Web Design’s reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
Customer agrees to pay JWM Marketing & Web Design prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the JWM Marketing & Web Design price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration.
All fees are non-refundable, in whole or in part, even if Customer’s domain name registration is suspended, cancelled or transferred prior to the end of Customer’s then-current registration term. JWM Marketing & Web Design reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Customer’s requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer’s registration in an email from JWM Marketing & Web Design to the email address indicated in Customer’s registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by JWM Marketing & Web Design) in connection with the payments of the registration fee for Customer’s domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to JWM Marketing & Web Design as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. JWM Marketing & Web Design will reinstate Customer’s domain name registration solely at JWM Marketing & Web Design’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the JWM Marketing & Web Design system or website should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING JWM Marketing & Web Design THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
JWM Marketing & Web Design,Inc
Attn: Legal Department
Valparaiso, IN 46385
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
- Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
- Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
- Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
- Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
JWM Marketing & Web Design reserves the right to refuse service to anyone. Customers may only use JWM Marketing & Web Design’s 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 Marketing & Web Design management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Walla Walla County, Washington, and any dispute will be litigated or arbitrated in Walla Walla County, Washington. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Walla Walla County Courts. IN NO EVENT SHALL JWM Marketing & Web Design’s 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 Marketing & Web Design’s 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 Marketing & Web Design’s SERVER.
JWM Marketing & Web Design WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. JWM Marketing & Web Design MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. JWM Marketing & Web Design 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 Marketing & Web Design AND ITS EMPLOYEES. JWM Marketing & Web Design RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF JWM Marketing & Web Design MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.