Terms and Conditions
_________________________________________________________________________
Last updated on Oct. 15, 2006
Table of Contents
- General
- Services
- Web Hosting
- Email
- Domain Forward
- Payment / Invoices
- Term / Termination
- Prohibited Conduct
- Notices
- Privacy
- Reservation of Rights
- Limitation of Liability
- Indemnification
- Force Majeure
- Unenforceable Provisions
- Age of Majority
- Waiver
- Entire Agreement
1. General
This Agreement explains the terms and conditions governing your use of the services made available to you by Jetset Hosting, hereinafter called "JetSet" or "We". It represents the whole agreement and understanding between JetSet and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".
PLEASE READ THIS AGREEMENT CAREFULLY. By your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. JetSet may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that JetSet believes is harmful to the business of JetSet or the use of the Service by others or is harmful to any other party.
JetSet reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.JetSethosting.com/terms.asp. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
2. Services
Web hosting service includes up to 2 (GB) of storage space on our web server and 40,000MB of monthly account data transfer limit; email services include up to 100 email accounts hereinafter called "Service" or "Services". Access to the web and email server space must be returned to JetSet upon expiry of the "Service".
Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever. For information on Dedicated Web Hosting see: http://www.JetSethosting.com/jetsla.asp. For Acceptable Use Policy related to dedicated hosting see: http://www.JetSethosting.com/jet_aup.asp.
3. Web Hosting
Web hosting includes up to 40,000MB of monthly account traffic and 2 (GB) of web storage space. In additional to basic web hosting services, JetSet also offers paid optional features which can be added to accounts and also paid hosting services.
All page error requests (such as 403 errors or 404 errors) direct traffic to a default error page. This page informs visitors that the page they are looking for cannot be found.
4. Email
JetSet's email service provides you with the capability to send and receive email via the Internet. The service includes the ability to use up to 100 email accounts. JetSet retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems.
As owner and/or operator of the equipment and other resources utilized to provide services, JetSet has the legal right to block electronic communications from other entities on the Internet.
5. Domain Forward
Domain Forward is service provided to all JetSet Members which provides the capability to re-direct visitors from a JetSet hosted website to another website or URL (uniform resource locator) location "Forward Destination" via HTML meta tag function.
You acknowledge and agree that your use of Domain Forward is subject to the terms of this Agreement. You further acknowledge and agree that you may use Domain Forward to link your domain name to a Forward Destination, but you may not use Domain Forward for unlawful purposes, in violation of any applicable laws or regulations, in violation of JetSet rules or policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid Forward Destination.
6. Payment / Invoices
JetSet uses a secure payment processing system and only accepts credit card payment at this time. All Members are required to provide JetSet with valid a credit card number for processing of any applicable Service Fees.
JetSet may take any reasonable action to validate your credit card and registration information and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.
Billing inquiries and disputes should be brought to JetSet attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that invoice and charges are accurate.
If chargeback or charge dispute notices are received for your account(s), any Services provided to you may be immediately suspended pending investigation and are subject to chargeback service charges.
7. Term / Termination
JetSet offers Members basic web hosting and email services for the duration of the domain registration period purchased from JetSet.
Optional Feature(s) or paid hosting service(s) are paid services with 12 months term unless noted otherwise. Renewal notices will be sent to you approximately 2 weeks prior to service expiry. In the absence of cancellation notification from you, the Service will be renewed for a successive term. You may request to cancel your JetSet hosting account(s) at any time without any fees or obligations. The term hosting fee is non-refundable.
Your Service may be terminated by JetSet under the following circumstances (non-exclusive list):
- fees non-payment over 30 days from due date
- you are in breach of any term or condition of this Agreement
- your use of the Service disrupts JetSet business operations or affects any other party
In such termination(s) all Member Services are removed from JetSet servers including data contents.
8. Prohibited Conduct
JetSet does not allow the use of unsolicited commercial email, "Spam" to promote products or services. Any Member engaging in the sending of Spam through the JetSet network or promoting information on websites hosted by JetSet will be considered in breach of this Agreement and Suspended from the Service immediately.
Your use of the Service must be in compliance with US laws and laws of your country at all times.
You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.
The following is a non-exclusive list of content and behavior prohibited by the Service:
- Content that contains or contains links to: pornography, adult content, materials with sex or foul language.
- Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
- Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a JetSet account will result in immediate account suspension.
- Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or posting any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
- Content or otherwise that exploits children under 18 years of age.
- Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
- Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
- Content that promotes mail fraud or other illegal or fraudulent activities.
- Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any JetSet service, solution or technology.
- Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
9. Notices
You agree that, unless other instructions are posted on JetSet's website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or sent by registered mail or by United Parcel Service to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for JetSet posted on the JetSet website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
10. Privacy
The JetSet Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members' personal information and is subject to modification from time to time. Changes are effective upon posting of the modified Agreement to this URL: http://www.jetsethosting.com/terms.asp
Email newsletters will only be sent directly from JetSet and Member information is not disclosed or sold to any third parties.
11. Reservation of Rights
JetSet reserves the right and sole discretion to:
(i) Censor any website hosted on its servers that is deemed inappropriate;
(ii) Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;
(iii) Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information;
(iv) Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against JetSet or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
(v) Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar distructive activities; and other activities whether lawful or unlawful that JetSet determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
(vi) Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical resons or to maintain network equiment or facilities.
12. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. JetSet makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. JetSet is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by JetSet.
For greater certainty and without limitation to the generality of the following:
(i) in no event will JetSet be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
(ii) JetSet, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
(iii) in no event shall JetSet be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
13. Indemnification
You agree to indemnify and hold JetSet harmless from and against, and to reimburse JetSet with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by JetSet by reason of or arising out of or in connection with:
(i) any breach of this Agreement by you or;
(ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or;
(iii) illegal, pornographic, or discriminatory content on your website.
14. Force Majeure
JetSet will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
15. Unenforceable Provisions
If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
16. Age of Majority
JetSet does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.
17. Waiver
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
18. Entire Agreement
These Terms and Conditions, as may be updated from time to time and posted at, http://www.JetSethosting.com/terms.asp, represent the complete agreement and understanding between us with respect to the Service and supercedes any other written or oral agreement.
|
