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Domain Registration
This Registration Agreement sets forth
the terms and conditions agreed to between
you and your company (also referred to
as "member"), and JP WEBPAGES
LLC. a New York based Limited Liability
Company (also referred to as "we"
or "us"), relating to the registration
and reselling Top Level Domain names "TLDs".
Definitions
"ICANN" means
the Internet Corporation for Assigned
Names and Numbers.
"Resellers"
means an entity authorized by JP WEBPAGES,
which selects and registers TLD domain
names for customers on JP WEBPAGES registration
system.
"Registrar"
means the entity authorized by ICANN to
administer the registry for TLD domain
name;
"Registrant"
means the applicant for, and on registration
the holder of an TLD domain;
"Customer"
means the registrant for whom Reseller
accesses as the agent for the domain name;
"Account" means
the credit or debit account established
by JP WEBPAGES for Resellers;
"TLD" means
the Top Level Domain;
"SLD" means
the Second Level Domain;
"Registry"
means the entity from time to time authorized
by ICANN to administer the registry for
TLD domain names.
Quick response
We will try our best to resolve any problems
about business or technology at an earliest
time. Members agree to provide technical
support to its own customers and JP WEBPAGES
agrees to provide technical support to
Members.
Modification and notices
This Member Agreement as well as our services
are subject to change from time to time.
JP WEBPAGES will email Members about such
changes. If changes are not acceptable,
Members will have 7 calendar days to terminate
this agreement and forward their decisions
to JP WEBPAGES at billing@jpwebpages.com
promptly, otherwise, changes will be deemed
as accepted by members.
Fee Policy
As consideration for the JP WEBPAGES domain
name registration, administration, and
renewal services, you agree to pay all
initial registration fees and applicable
renewal fees with respect to each TLD
name registered in US Dollars at the time
of registration or renewal. All fees are
non-refundable, in whole or in part, even
if your domain name registration is suspended,
canceled, or transferred prior to the
end of your then current registration
term. We also reserve the right to change
domain name registration and renewal fees
at any time for any reason at our sole
discretion. If you do not pay any initial
fees or renewal fees when due or your
credit card charge is not accepted for
any reason within three (3) business days
after any initial fee is due or within
ten business days after any renewal fee
is due, or in the event of any charge
back of any payment at any time, we will
have the right to immediately cancel all
TLD names for which payment was not received,
without further notice. In the case of
renewals, we will notify the billing contact
on the WHOIS directory with respect to
the TLD name eligible for renewal, and
it shall be your responsibility to ensure
that all such fees are paid prior to the
expiration of the term of registration
of each TLD name you wish to renew. You
agree that we shall have no liability
whatsoever with respect to any such cancellation.
We reserve the right to adjust our registration
and renewal fees prospectively upon fifteen
(15) calendar days prior notice.
No Guarantee of Registration
or Renewal
By signing this agreement, you agree that
JP WEBPAGES cannot guarantee you will
be able to register or renew any specific
domain name, even if your inquiry indicates
that domain name is available. Even if
a domain name appears to be available,
you acknowledge that JP WEBPAGES cannot
know with certainty whether or not another
party is simultaneously seeking the domain
name you are seeking to register, or whether
there are any inaccuracies or errors in
the domain name registration or renewal
process or in the WHOis and other databases.
You also agree that JP WEBPAGES may elect
to accept or reject your application for
registration or renewal for any reason
at its sole discretion. Such rejection
may include, but is not limited to, rejection
due to a request for registration or renewal
of a prohibited domain name. You also
agree that JP WEBPAGES is not liable or
responsible in any way for any omissions,
errors or any other actions by any registry
administrator arising out of or related
to your application for and registration
of, renewal of, or failure to register
or renew a particular domain name. You
also agree to indemnify, defend and hold
harmless the applicable registry administrator
and its officers, directors, employees,
and agents from and against any and all
claims, damages, liabilities, expenses,
and costs (including reasonable legal
fees and expenses) arising out of, or
related to, your submission for and registration,
renewal, or failure to register or renew
a particular domain name or names.
Term & Registration Period.
The term of this Agreement will continue
to be in force during the time in which
you have any TLD name registered through
us. At your discretion, we will register
each TLD name for a period of one (1)
to ten (10) years for .com, .net and .org.
Uniform Domain Name
Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. Purpose.
This Uniform Domain Name Dispute Resolution
Policy (the "Policy") has been
adopted by the Internet Corporation for
Assigned Names and Numbers ("ICANN"),
is incorporated by reference into your
Registration Agreement, and sets forth
the terms and conditions in connection
with a dispute between you and any party
other than us (the registrar) over the
registration and use of an Internet domain
name registered by you. Proceedings under
Paragraph 4 of this Policy will be conducted
according to the Rules for Uniform Domain
Name Dispute Resolution Policy (the "Rules
of Procedure"), which are available
at www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution
service provider's supplemental rules.
2. Your Representations.
By applying to register a domain name,
or by asking us to maintain or renew a
domain name registration, you hereby represent
and warrant to us that (a) the statements
that you made in your Registration Agreement
are complete and accurate; (b) to your
knowledge, the registration of the domain
name will not infringe upon or otherwise
violate the rights of any third party;
(c) you are not registering the domain
name for an unlawful purpose; and (d)
you will not knowingly use the domain
name in violation of any applicable laws
or regulations. It is your responsibility
to determine whether your domain name
registration infringes or violates someone
else's rights.
3. Cancellations, Transfers,
and Changes.
We will cancel, transfer or otherwise
make changes to domain name registrations
under the following circumstances:
a. subject to the provisions
of Paragraph 8, our receipt of written
or appropriate electronic instructions
from you or your authorized agent to take
such action;
b. our receipt of an
order from a court or arbitral tribunal,
in each case of competent jurisdiction,
requiring such action; and/or
c. our receipt of a
decision of an Administrative Panel requiring
such action in any administrative proceeding
to which you were a party and which was
conducted under this Policy or a later
version of this Policy adopted by ICANN.
(See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise
make changes to a domain name registration
in accordance with the terms of your Registration
Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of
disputes for which you are required to
submit to a mandatory administrative proceeding.
These proceedings will be conducted before
one of the administrative-dispute-resolution
service providers listed at www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
a. Applicable Disputes.
You are required to submit to a mandatory
administrative proceeding in the event
that a third party (a "complainant")
asserts to the applicable Provider, in
compliance with the Rules of Procedure,
that (i) your domain name is identical
or confusingly similar to a trademark
or service mark in which the complainant
has rights; and (ii) you have no rights
or legitimate interests in respect of
the domain name; and (iii) your domain
name has been registered and is being
used in bad faith. In the administrative
proceeding, the complainant must prove
that each of these three elements are
present.
b. Evidence of Registration and
Use in Bad Faith.
For the purposes of Paragraph 4(a)(iii),
the following circumstances, in particular
but without limitation, if found by the
Panel to be present, shall be evidence
of the registration and use of a domain
name in bad faith: (i) circumstances indicating
that you have registered or you have acquired
the domain name primarily for the purpose
of selling, renting, or otherwise transferring
the domain name registration to the complainant
who is the owner of the trademark or service
mark or to a competitor of that complainant,
for valuable consideration in excess of
your documented out-of-pocket costs directly
related to the domain name; or (ii) you
have registered the domain name in order
to prevent the owner of the trademark
or service mark from reflecting the mark
in a corresponding domain name, provided
that you have engaged in a pattern of
such conduct; or (iii) you have registered
the domain name primarily for the purpose
of disrupting the business of a competitor;
or (iv) by using the domain name, you
have intentionally attempted to attract,
for commercial gain, Internet users to
your web site or other on-line location,
by creating a likelihood of confusion
with the complainant's mark as to the
source, sponsorship, affiliation, or endorsement
of your web site or location or of a product
or service on your web site or location.
c. How to Demonstrate Your Rights
to and Legitimate Interests in the Domain
Name in Responding to a Complaint.
When you receive a complaint. you should
refer to Paragraph 5 of the Rules of Procedure
in determining how your response should
be prepared. Any of the following circumstances,
in particular but without limitation,
if found by the Panel to be proved based
on its evaluation of all evidence presented,
shall demonstrate your rights or legitimate
interests to the domain name for purposes
of Paragraph 4(a)(ii): (i) before any
notice to you of the dispute, your use
of, or demonstrable preparations to use,
the domain name or a name corresponding
to the domain name in connection with
a bona fide offering of goods or services;
or (ii) you (as an individual, business,
or other organization) have been commonly
known by the domain name, even if you
have acquired no trademark or service
mark rights; or (iii) you are making a
legitimate noncommercial or fair use of
the domain name, without intent for commercial
gain to misleadingly divert consumers
or to tarnish the trademark or service
mark at issue.
d. Selection of Provider.
The complainant shall select the Provider
from among those approved by ICANN by
submitting the complaint to that Provider.
The selected Provider will administer
the proceeding, except in cases of consolidation
as described in Paragraph 4(f).
e. Initiation of Proceeding and
Process and Appointment of Administrative
Panel.
The Rules of Procedure state the process
for initiating and conducting a proceeding
and for appointing the panel that will
decide the dispute (the "Administrative
Panel").
f. Consolidation.
In the event of multiple disputes between
you and a complainant, either you or the
complainant may petition to consolidate
the disputes before a single Administrative
Panel. This petition shall be made to
the first Administrative Panel appointed
to hear a pending dispute between the
parties. This Administrative Panel may
consolidate before it any or all such
disputes in its sole discretion, provided
that the disputes being consolidated are
governed by this Policy or a later version
of this Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection
with any dispute before an Administrative
Panel pursuant to this Policy shall be
paid by the complainant, except in cases
where you elect to expand the Administrative
Panel from one to three panelists as provided
in Paragraph 5(b)(iv) of the Rules of
Procedure, in which case all fees will
be split evenly by you and the complainant.
h. Our Involvement in Administrative
Proceedings.
We do not, and will not, participate in
the administration or conduct of any proceeding
before an Administrative Panel. In addition,
we will not be liable as a result of any
decisions rendered by the Administrative
Panel.
i. Remedies.
The remedies available to a complainant
pursuant to any proceeding before an Administrative
Panel shall be limited to requiring the
cancellation of your domain name or the
transfer of your domain name registration
to the complainant.
j. Notification and Publication.
The Provider shall notify us of any decision
made by an Administrative Panel with respect
to a domain name you have registered with
us. All decisions under this Policy will
be published in full over the Internet,
except when an Administrative Panel determines
in an exceptional case to redact portions
of its decision.
k. Availability of Court Proceedings.
The mandatory administrative proceeding
requirements set forth in Paragraph 4
shall not prevent either you or the complainant
from submitting the dispute to a court
of competent jurisdiction for independent
resolution before such mandatory administrative
proceeding is commenced or after such
proceeding is concluded. If an Administrative
Panel decides that your domain name registration
should be canceled or transferred, we
will wait ten (10) business days (as observed
in the location of our principal office)
after we are informed by the applicable
Provider of the Administrative Panel's
decision before implementing that decision.
We will then implement the decision unless
we have received from you during that
ten (10) business day period official
documentation (such as a copy of a complaint,
file-stamped by the clerk of the court)
that you have commenced a lawsuit against
the complainant in a jurisdiction to which
the complainant has submitted under Paragraph
3(b)(xiii) of the Rules of Procedure.
(In general, that jurisdiction is either
the location of our principal office or
of your address as shown in our Whois
database. See Paragraphs 1 and 3(b)(xiii)
of the Rules of Procedure for details.)
If we receive such documentation within
the ten (10) business day period, we will
not implement the Administrative Panel's
decision, and we will take no further
action, until we receive (i) evidence
satisfactory to us of a resolution between
the parties; (ii) evidence satisfactory
to us that your lawsuit has been dismissed
or withdrawn; or (iii) a copy of an order
from such court dismissing your lawsuit
or ordering that you do not have the right
to continue to use your domain name.
5. All Other Disputes and Litigation.
All other disputes between you and any
party other than us regarding your domain
name registration that are not brought
pursuant to the mandatory administrative
proceeding provisions of Paragraph 4 shall
be resolved between you and such other
party through any court, arbitration or
other proceeding that may be available.
6. Our Involvement in Disputes.
We will not participate in any way in
any dispute between you and any party
other than us regarding the registration
and use of your domain name. You shall
not name us as a party or otherwise include
us in any such proceeding. In the event
that we are named as a party in any such
proceeding, we reserve the right to raise
any and all defenses deemed appropriate,
and to take any other action necessary
to defend ourselves.
7. Maintaining the Status Quo.
We will not cancel, transfer, activate,
deactivate, or otherwise change the status
of any domain name registration under
this Policy except as provided in Paragraph
3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name
to a New Holder.
You may not transfer your domain name
registration to another holder (i) during
a pending administrative proceeding brought
pursuant to Paragraph 4 or for a period
of fifteen (15) business days (as observed
in the location of our principal place
of business) after such proceeding is
concluded; or (ii) during a pending court
proceeding or arbitration commenced regarding
your domain name unless the party to whom
the domain name registration is being
transferred agrees, in writing, to be
bound by the decision of the court or
arbitrator. We reserve the right to cancel
any transfer of a domain name registration
to another holder that is made in violation
of this subparagraph.
b. Changing Registrars.
You may not transfer your domain name
registration to another registrar during
a pending administrative proceeding brought
pursuant to Paragraph 4 or for a period
of fifteen (15) business days (as observed
in the location of our principal place
of business) after such proceeding is
concluded. You may transfer administration
of your domain name registration to another
registrar during a pending court action
or arbitration, provided that the domain
name you have registered with us shall
continue to be subject to the proceedings
commenced against you in accordance with
the terms of this Policy. In the event
that you transfer a domain name registration
to us during the pendency of a court action
or arbitration, such dispute shall remain
subject to the domain name dispute policy
of the registrar from which the domain
name registration was transferred.
9. Policy Modifications.
We reserve the right to modify this Policy
at any time with the permission of ICANN.
We will post our revised Policy at <URL>
at least thirty (30) calendar days before
it becomes effective. Unless this Policy
has already been invoked by the submission
of a complaint to a Provider, in which
event the version of the Policy in effect
at the time it was invoked will apply
to you until the dispute is over, all
such changes will be binding upon you
with respect to any domain name registration
dispute, whether the dispute arose before,
on or after the effective date of our
change. In the event that you object to
a change in this Policy, your sole remedy
is to cancel your domain name registration
with us, provided that you will not be
entitled to a refund of any fees you paid
to us. The revised Policy will apply to
you until you cancel your domain name
registration.
Registration Data.
When you register or transfer a domain
name, you are required to provide us with
certain information. This information
includes: Your full name, postal address,
e-mail address, voice telephone number,
and fax number if available; The name
of an authorized person for contact purposes
in the case of a registrant that is an
organization, association, or corporation;
The IP addresses of the primary nameserver
and any secondary nameserver(s) for the
TLD name;
The corresponding names of those nameservers;
The full name, postal address, e-mail
address, voice telephone number, and fax
number if available of the technical contact
for the TLD name; The full name, postal
address, e-mail address, voice telephone
number, and fax number if available of
the administrative contact for the TLD
name; The name, postal address, e-mail
address, voice telephone number, and fax
number if available of the billing contact
for the TLD name; and Any remark concerning
the registered TLD name that should appear
in the WHOIS directory. You agree to update
this information to keep it current, complete
and accurate. You also agree and understand
that the foregoing registration data will
be publicly available and accessible on
the WHOIS directory as required by ICANN/Registry
Policy and may be sold in bulk in accordance
with the ICANN Agreement.
OBLIGATIONS OF JP WEBPAGES
JP WEBPAGES agrees to comply with all
the terms and conditions in this Agreement.
JP WEBPAGES agrees to provide real-time
registration system to member.
JP WEBPAGES will release the newest prices
and Policy on jpwebpages.com web site
from time to time. JP WEBPAGES does not
guarantee that each individual Member
will specifically be notified of these
price changes. JP WEBPAGES will provide
automatic system for inquiry.
OBLIGATIONS OF THE MEMBER
As part of the registration of top-level
domain names, the Member shall submit
all data required on the .jpwebpages.com
web site.
Inaccurate or Unreliable Data.
If member deliberately provides inaccurate
or unreliable information, or fails to
promptly update necessary information,
or fails to respond to our email inquiries
within five calendar days, such actions
shall constitute a breach of this Agreement.
Privacy Policy
All personal data collected by us will be
used in connection with the registration
of your TLD name(s), for the purposes of
this Agreement and as required or permitted
by the ICANN JP WEBPAGES Privacy Statement
Information. For more information on our
privacy policy, go to http://jpwebpages.com/privacy.php
JP WEBPAGES knows the importance of keeping
your information private. By signing this
agreement, you agree to accept the guidelines
described herein.
Information collected by JP WEBPAGES
Here are the types of information we gather
from JP WEBPAGES visitors:
Information entered on our web site or
given to us in any way are collected and
stored in our system. Internet Corporation
for Assigned Names and Numbers ("ICANN"),
an organization that assumes responsible
for domain name allocation, requires information
about you during the domain name registration
process. The information includes: name,
address, phone number, email address and
fax. When you register a domain name with
JP WEBPAGES, we require you to provide
credit card number and billing address.
Financial information such as the above
is collected during the domain name registration
process.
How the information is shared:
It is required by ICANN that your name,
address, phone number, email address and
fax together with the creation and expiration
dates of your domain name registration
and the nameserver information associated
with your domain name, be made available
to the public via an interactive Web page
and a "port 43" WHOIS service.
Please note that JP WEBPAGES may not be
able to control how members of the public
may use the WHOIS information.
Sites Other than JP WEBPAGES
LLC
JP WEBPAGES will not be responsible for
content or privacy policies of other Web
Sites such as advertisers we may link
to or those that link to our site. This
Privacy Statement is only responsible
for the information collected on JP WEBPAGES
site.
License of TLD Names.
When you license use of a TLD name to
a third party, you remain the holder of
record, and you acknowledge that you remain
responsible for providing and updating
your own full contact information and
for providing and updating accurate technical,
administrative, and billing contact and
other information in accordance with this
Agreement. You shall accept liability
for harm caused by misuse of a TLD name
you have licensed to a third party, unless
you quickly disclose the identity of the
licensee to a party providing you reasonable
evidence of actionable harm.
Change of TLD Holder Procedure.
If you transfer any TLD name, you agree
to abide by the policies and procedures
relating to the transfer of TLD names
as may be adopted by us and modified by
us from time to time. These policies may
require, among other things, the submission
of hard-copy records of transfer of ownership,
the submission of information concerning
the transferor and transferee and the
transfer, including but not limited to
the information respect to the transferee,
and may impose reasonable information
collection and record keeping obligations
on you. Such policy and procedure may
require you upon such transfer to relinquish
all control over the TLD name transferred.
Required and Prohibited Reselling
Practices.
You are required to inform any person
or entity registering a TLD name with
us through you or your account that your
customer(s) are registering their TLD
name through us, an ICANN accredited registrar.
You shall not make representation, directly
or by implication, that you are a registrar
or have direct or superior access to the
Registry or that you are a registrar or
accredited or otherwise affiliated with
ICANN. You also agree not to employ or
display the ICANN mark or logo on your
web site or any materials used by you
in your business.
Policies Regarding Use of Our
Services.
Suspension, Cancellation or Transfer of
TLD Name. You agree that your eligibility
to use JP WEBPAGES registration services
is subject to termination or suspension,
and your ability to register or modify
any particular TLD name is subject to
suspension, cancellation, or transfer:
At any time pursuant to any ICANN/Registry
Policy now in effect or hereafter adopted,
To correct mistakes by us, another accredited
registrar or the Registry in registering
TLD name(s), including but not limited
to the correction of erroneous or inadvertent
deletions of TLD names, or in connection
with the resolution of disputes in accordance
with the Dispute Policy, or In the event
of any breach of any representation, warranty,
agreement or other provision of this Agreement,
upon e-mail notice of such breach and
the expiration of a fifteen (15) calendar
day cure period.
Limitations on Use of Services.
You agree not to use our services or web
site or permit any person or entity through
you to use our services or web site for:
The transmission of unsolicited, commercial
e-mail (Spam); or
High volume, automated, electronic processes
that apply to the Registry for large numbers
of TLD names, except as reasonably necessary
to register TLD names or modify existing
registrations; or High volume, automated,
electronic, repetitive queries except
as reasonably necessary to register TLD
names or modify existing registrations.
Use of Agents.
You agree that, if your agent (e.g., an
Internet Service Provider, employee, etc.)
purchased our service(s) on your behalf,
you are nonetheless bound as a principal
by all terms and conditions herein, including
the Dispute Policy. Your continued use
of our services shall ratify any unauthorized
actions of your agent. By acting on your
behalf, your agent certifies that he,
she or it is authorized to apply for our
services on your behalf, that he, she
or it is authorized to bind you to the
terms and conditions of this Agreement
and that he, she or it has apprised you
of the terms and conditions of this Agreement.
In addition, you are responsible for any
errors made by your agent. We will not
refund fees paid by you or your agent
on your behalf for any reason, including,
but not limited to, in the event that
your agent fails to comply with the terms
and conditions of this Agreement, your
agent incorrectly provides information
in the application process or if your
agent changes or otherwise modifies your
TLD name record incorrectly.
TLD Name Transfers Between Sponsoring
Registrars.
You agree that you may change sponsoring
registrars for any existing TLD name only
in accordance with ICANN/Registry Policy
and further agree that you may not change
sponsoring registrars with respect to
any TLD name for a period of sixty (60)
calendar days after registration of such
TLD name with us. In connection with any
transfer by you of TLD name(s) from one
registrar (the "Former Registrar")
to us:
You represent and warrant that:
You are either the TLD Holder, the administrative
contact or the technical contact with
respect to the TLD name(s) being transferred;
and If transferring a TLD and on behalf
of a Customer, you have been granted the
authority by such Customer to affect each
such transfer. To initiate a transfer
of sponsoring registrars from a Former
Registrar to us, you shall notify us of
the TLD name(s) you wish to transfer to
us and we will, upon receipt of such transfer
request, forward to you a Confirmation
of Transfer. You agree to confirm the
accuracy of the Confirmation of Transfer
and assent to the Confirmation of Transfer
before being permitted to continue. We
will affect the proposed transfer of sponsoring
registrars from the Former Registrar only
after the following conditions have been
met: We have received evidence of your
assent to the Confirmation of Transfer
and all transfer fees associated with
the transfer(s) have been paid in full;
and If the transfer involves a TLD name
held by a TLD Holder other than you and
we have notified such TLD Holder via the
Administrative Contact of the proposed
transfer and provided such Administrative
Contact with a period of time to confirm
or object to such transfer, not to exceed
10 business days, such waiting period
shall have expired or the express consent
of such Administrative Contact shall have
been obtained. You agree and understand
that we will affect the registration using
the registration data on file with the
Former Registrar immediately prior to
transfer, and understand that we may,
at our discretion, limit your ability
to make post-transfer changes to registration
data for a reasonable period of time following
transfer, not to exceed 15 business days.
When we make a request to the Former Registrar
(via the Registry) to transfer a TLD name
registration to us from the Former Registrar,
you agree to pay us the applicable fee(s)
as then in effect with respect to such
transfer and agree to comply with the
Verisign Change in Registrar Policy.
LIMITATION OF LIABILITY; DISCLAIMER
OF WARRANTIES.
LIMITATION OF LIABILITY. YOU AGREE THAT
WE WILL NOT BE LIABLE TO YOU OR ANY OTHER
PERSON FOR ANY LOSS THAT MAY OCCUR DUE
TO (a) ANY ACT OR OMISSION OF YOU OR YOUR
AGENT (WHETHER AUTHORIZED OR UNATHORIZED)
(a) ANY LOSS OF REGISTRATION OF ANY TLD
NAME, (b) THE USE OF YOUR TLD NAME OR
PASSWORD, (c) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR REGISTRATION SYSTEM;
(d) THE NON-DELIVERY OR MISDELIVERY OF
DATA BETWEEN YOU AND US; (e) EVENTS BEYOND
OUR CONTROL; (f) THE PROCESSING OF ANY
TLD NAME REGISTRATION; (g) THE PROCESSING
OF ANY MODIFICATION TO THE RECORD ASSOCIATED
WITH YOUR TLD NAME, (h) THE FAILURE OF
YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER;
OR (i) THE APPLICATION OF THE DISPUTE
POLICY. FURTHER, WE WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU TO US FOR REGISTRATION OF THE TLD
NAME IN CONTROVERSY DURING THE PRIOR ONE
(1) YEAR PERIOD. TO THE EXTENT APPLICABLE
STATE LAW DOES NOT ALLOW THE LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OUR LIABILITY IS LIMITED TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER OF WARRANTIES. WE EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, INFORMATIONAL
CONTENT AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN OUR SOFTWARE OR WEBSITE WILL
MEET YOUR REQUIREMENTS OR THAT THE OPERATION
OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED
OR ERROR-FREE, OR THAT DEFECTS IN THE
SOFTWARE OR WEBSITE WILL BE CORRECTED.
WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF OUR
SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION
IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY OR OTHERWISE.
Indemnity.
You agree to defend, indemnify and hold
us harmless and any applicable TLD name
registry, including JP WebPages LLC, and
the shareholders, directors, officers,
employees, affiliates and agents of us
and them, from and against any loss, damages
or costs, including reasonable attorneys'
fees, resulting from any claim, action,
proceeding, suit or demand arising out
of or related to: Any TLD name registered
by you or the transfer or use thereof,
Any dispute concerning a TLD name, Your
breach (or the breach by any of your officers,
agents, employees or other representatives)
of any agreement contained in this Agreement,
or
Any cancellation, suspension (e.g. registrar
lock or hold) or transfer of any TLD name
in accordance with this Agreement.This
indemnification is in addition to any
indemnification required under the Dispute
Policy.
Representations and Warranties.
You represent and warrant that all information
provided by you in connection with your
registration is complete and accurate.
You represent and warrant each time you
register a TLD name that, to the best
of your knowledge and belief, neither
the registration of the TLD name nor the
manner in which it is directly or indirectly
used infringes the legal rights of a third
party. In applying for a TLD name, you
represent and warrant that the registration
is not made in bad faith and that the
name does not conflict with another TLD
name. We make no representation or warranties
of any kind in connection with this Agreement.
Specifically but without limitation, we
do not represent or warrant that registration
of your TLD name will immunize you from
challenges to your TLD name. We are not
bound by nor should you rely on any representation
or warranty made by any agent, representative
or employee of any third party that you
may use to apply for our services.
Breach and Revocation; Notice
of Cancellation, Etc.
Except as otherwise specified in this
Agreement, any breach by you of this Agreement
or the Dispute Policy must be remedied
by you within five (5) business days following
e-mail notice by us to you. Such notice
shall be deemed delivered when sent to
the e-mail address then on record for
your administrative contact in the WHOIS
directory. If you fail to cure the breach
within such cure period, we may terminate
this Agreement, cancel your registration
of the TLD name(s), transfer such TLD
names to another person or entity and/or
seek any remedy available at law or in
equity including but not limited to obtaining
an injunction or specific performance.
Our remedies shall not be deemed exclusive
and affecting any one or more of the foregoing
remedies shall not be deemed an election
of remedies. Except as otherwise specified
in this Agreement, notice of revocations,
suspensions, transfers, or cancellations
of your TLD name(s) by us pursuant to
this section will be provided to you within
five (5) business days following the taking
of such action.
Cancellation During Preliminary
30 Day Period; Right of Refusal to Register.
Pursuant to ICANN Registry Policy, we
reserve the right to refuse to register
any TLD name(s), or to cancel, transfer
or suspend any TLD name(s) registered
with us within the first thirty (30) calendar
days following receipt of your payment
for such registration(s). In the event
we do not register a TLD name or we cancel
or transfer a TLD name within such thirty
(30) calendar day period, we agree to
refund any applicable fee(s) with respect
to such TLD name that you have paid to
us. You agree that we shall not be liable
to you for loss or damages that may result
from our refusal to register any TLD name(s)
or the cancellation or transfer of any
TLD name(s).
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Hosting Terms of Service
JP WEBPAGES provides web hosting to numerous
clients which means that we have a responsibility
to protect each client and to provide
the best services available. The following
guidelines were established to ensure
these crucial obligations are met.
1.) Account Setup
We will setup your account after we have
received payment and we and/or our payment
partner(s) have screened the order(s)
incase of fraud. It is your responsibility
to provide us with an email address which
is not @ the domain(s) you are signing
up under.
2.) Content
All services provided by us may only
be used for lawful purposes. This includes,
but not limited to: copyrighted material,
material we judge to be threatening or
obscene, pornography.
Examples of unacceptable material:IRC, Bots,
Warez Sites, Pirated Software, Hate sites,
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against
sending of unsolicited e-mail, bulk emailing,
and spam. "Safe lists" and "double
optin" will be treated as spam. Any
user who sends out spam will have their
account terminated without notice.
We reserve the right to require changes
or disable as necessary any web site,
account, database, or other component
that does not comply with this policy,
at its sole discretion. We also reserves
the right to make any such modifications
in an emergency at our sole discretion.
We reserve the right to charge
the holder of the account used to send
any unsolicited e-mail a clean up fee.
This cost of the clean up fee is left
entirely to the discretion of JPWEBPAGES
All rights reserved.
4.) Payment Information
You agree to supply appropriate payment
for the services received from us, in
advance of the time period during which
such services are provided. You agree
that until and unless you notify JP WEBPAGES
of your desire to cancel any or all services
received, those services will be billed
on a recurring basis.
We reserve the right to change the monthly
payment amount and any other charges at
anytime.
5.) Backups and Data Loss
Your use of the service is at your sole
risk. We are not responsible for files
and data residing on your account. You
agree to take full responsibility for
files and data transferred and to maintain
all appropriate backup of files and data
stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel the account
at any time.
Customers may cancel at any time. We
give you an unconditional 30 day
money back guarantee on managed shared
hosting, and reseller solution's. Refund
requests after 30 days will be refunded
on a prorated basis of any unused time.
Only first-time accounts are eligible
for a refund. For example, if you've had
an account with us before, cancelled and
signed up again, you will not be eligible
for a refund or if you have opened a second
account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of
system resources for longer then 90 seconds.
There are numerous activities that could
cause such problems; these include: CGI
scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive
real-time chat applications that require
server resources. Remotely-hosted services
are fully allowed.
c) Run stand-alone,
unattended server-side processes at any
point in time on the server. This includes
any and all daemons, such as IRCD.
d) Run any software
that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any gaming servers
such as counter-strike, half-life, battlefield1492,
etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies depending
on the hosting package you purchase. Should
your account pass the allocated amount
we reserve the right to suspend the account
until the start of the next allocation,
suspend the account until more bandwidth
is purchased at an additional fee, suspend
the account until you upgrade to a higher
level of package, terminate the account
and/or charge you an additional fee for
the overages. Unused transfer in one month
cannot be carried over to the next month.
9.) Money back Guarantee
On dedicated servers, virtual private
servers , and colocation no full refund
will be honored, the 30 day money back
guarantee does not apply. We reserve the
right to refund a prorated amount or no
refund at all.
10.) Price Change
The amount you pay for hosting will never
increase from the date of purchase. We
reserve the right to change prices listed
on our site, and the right to increase
the amount of resources given to plans
at any time.
11.) Indemnification
Customer agrees that it shall defend,
indemnify, save and hold us harmless from
any and all demands, liabilities, losses,
costs and claims, including reasonable
attorney's fees asserted against us, 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
any liabilities arising out of;
(1) any injury to person or property caused
by any products sold or otherwise distributed
in connection with us; (2) any material
supplied by customer infringing or allegedly
infringing on the proprietary rights of
a third party; (3) copyright infringement
and (4) any defective products sold to
customers from JP WEBPAGES server.
12.) Disclaimer
We will not be responsible for any damages
your business may suffer. We make no warranties
of any kind, expressed or implied for
services we provide. We disclaims any
warranty or merchantability or fitness
for a particular purpose. This includes
loss of data resulting from delays, no
deliveries, wrong delivery, and any and
all service interruptions caused by us
and our employees.
13.) Changes to the TOS
We reserve the right to revise its policies
at any time without notice.
RESELLERS:
Resellers and their clients are bound
by these same Policies, Guidelines and
Disclaimers. By reselling and purchasing
JP WEBPAGES services, you hereby agree
that JP WEBPAGES shall not be held liable
for any promises or failure of same that
Reseller's extend to their clients, including
but not limited to, quality of service,
financial obligations, financial losses
or any other claim NOT provided to Reseller
in writing by JP WEBPAGES . It is the
legal duty and obligation of the Reseller
to provide these policies and guidelines
to its client(s).
UNACCEPTABLE ACTIVITIES:
These include spamming (sending unsolicited
advertising to those with which the customer
has no existing business relationship,
posting off-topic advertising in newsgroups);
spoofing (using a return email address
which is not the valid reply address of
the sender or sending an email message
which does not contain enough information
to enable the recipient to identify the
party who is really sending the message;
passive spamming (promoting a web site
hosted by JP WEBPAGES by spamming from
some other source), trolling (posting
controversial messages in newsgroups to
generate responses), mail bombing (inundating
a user with email without any serious
intent to correspond), generating a higher
volume of outgoing mail than a normal
user (20% or more of available system
resources), and subscribing someone else
to an electronic mailing list without
that person's permission. A message is
considered unsolicited if it is posted
in violation of a newsgroup charter or
sent to a recipient who has not requested
the message. Making an email address available
to the public does not constitute a request
to receive messages. Distribution of mass
emailing programs is also prohibited.
All recipients on a mailing list must
have personally subscribed. Mailing lists
may not be used to distributed unsolicited
email. Any customer repeatedly "mail
bombed" or that attracts such behavior
will be asked to leave. If you are not
sure if your actions will be in violation,
please ask first abuse@jpwebpages.com.
We also do not allow sites selling spamware.
Age.
The client must be 18 years of age to
obtain our service.
Abuse of the legal rights of
others:
Examples of unacceptable activities in
this regard include posting private information
about a person without their consent,
infringing intellectual property rights,
defaming a person or business, and knowingly
making available code which will have
a deleterious effect on third party computers.
JP WEBPAGES supports free speech on the
Internet, and will not suspend or cancel
a customer's account simply because it
disagrees with the views expressed by
the customer. Where there are allegations
that a customer's on-line activity has
violated the legal rights of a third party,
JP WEBPAGES will not substitute itself
for a court of law in deciding tort claims
raised by the third party.
Abuse of the law:
JP WEBPAGES services may be used for
lawful purposes only. Illegality includes
but is not limited to: drug dealing; attempting
without authorization to access a computer
system; pirating (distributing copyrighted
material in violation of copyright law,
specifically MP3s, MPEG's, ROMs, and ROM
emulators); gambling; schemes to defraud;
trafficking in obscene material; sending
a message or having content that is obscene,
lewd, lascivious, filthy, or indecent
with intent to annoy, abuse, threaten,
or harass another person; threatening
bodily harm or damage to individuals or
groups; violating U.S. export restrictions;
stalking; or violating other state or
federal law such as the Electronic Communications
Privacy Act, the Computer Fraud and Abuse
Act, or the Economic Espionage Act. Linking
to illegal material is also prohibited.
JP Webpages reserves the right to check
system files, email, and other data on
our servers for illegal content and materials,
or for any other reasons deemed necessary.
*Abuse of JP WEBPAGES Server
Resources:
*Running programs in the background on
a JP WEBPAGES server without JP WEBPAGES
prior written authorization, or running
chat rooms, Internet Relay Chat, IRC bots,
and the like are not acceptable uses of
JP WEBPAGES servers. Further, any usage
of twenty percent (20%) or more of our
system resources is an undue burden on
our system and is unacceptable. If your
usage ever exceeds twenty percent (20%)
of system resources, you will be contacted
and asked to eliminate the problem. In
addition, any single domain that exceeds
ten gigabytes of bandwidth traffic must
be approved by us as we must maintain
load balances.*
Hacking/Cracking:
JP WEBPAGES reserves the right to report
illegal activities to any and all regulatory,
administrative, and/or governmental authorities
for prosecution.
The following examples of unacceptable
behavior are non-exclusive, and are provided
for guidance purposes. If you are unsure
if your actions will be a violation of
our policies please ask abuse@jpwebpages.com.
Server broadcast messages or any message
sent on an intrusive basis to any directly
or indirectly attached network Attempt
to circumvent any user authentication
or security of host, network, or account.
Accessing data not intended for user.
Probing the security of any network. Spawning
dozens of processes. Port scans, ping
floods, packet spoofing, forging router
information, Denial of Service attacks,
sniffers, flooding, spoofing, ping bombing,
smurfs, winnuke, land, teardrop. Promulgation
of viruses. IRC bots such as eggdrop,
or IRC clients such as ircII or BitchX.
Any activity, whether or not the intrusion
results in the corruption or loss of data,
will be investigated and proper action
taken. The presence of any of these programs,
whether or not run, will result in action
against the user including suspension
or termination.
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. Use
of JP WEBPAGES 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, CShell 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 JP WEBPAGES to provide this knowledge
or support outside matter specific to
JP WEBPAGES servers.
BACKUPS:
Full backups are made weekly, and backups
of new/changed data made nightly. No guarantees
are made of any kind, either expressed
or implied, as to the integrity of these
backups. Backups are made for server restoration
purposes only. It is the clients' responsibility
to maintain local copies of their web
content any information. If loss of data
occurs due to an error of JP WEBPAGES,
JP WEBPAGES will attempt to recover the
data for no charge to the client. If data
loss occurs due to negligence of client
in securing their account or by an action
of the client, JP WEBPAGES will attempt
to recover the data from the most recent
archive for a $75.00 fee. Please note
make backups of your site this is the
very best way to make sure you do not
lose your information.
MONEY BACK GUARANTEE:
Regular Hosting Clients - Should you
become unsatisfied with our services within
the first 30 days of your account activation,
JP WEBPAGES will refund your hosting fee.
Reseller's - In the event that you become
unsatisfied with our services within 30
days of your reseller account activation,
only your initial account fees will be
refunded. Once you have added a resold
account to your Reseller Plan you will
no longer qualify for the money back guarantee/refund.
We can not be HELD LIABLE for any fees
that you charge your clients.
JP WEBPAGES does not refund fees which
you have paid for a domain name.
There are no refunds on programming,
SSL certs., or prepaid support.
LIMITATION OF LIABILITY:
JP WEBPAGES shall not be responsible
for any claimed damages, including incidental
and consequential damages, which may arise
from JP WEBPAGES servers going off-line
or being unavailable for any reason whatsoever.
Further, JP WEBPAGES 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 JP WEBPAGES servers.
All damages shall be limited to the immediate
termination of service.
JP WEBPAGES shall be the sole arbiter
of what is and is not a violation of these
acceptable use policies. JP WEBPAGES reserves
the right to terminate an account at any
time and for any reason that causes harm
to any JP WEBPAGES customer's web sites.
JP WEBPAGES reserves the right to delete
all content and files upon termination.
JP WEBPAGES reserves the right to withhold
any pre-paid funds for any site removed
for violations of these policies. JP WEBPAGES
reserves the right to refuse, cancel,
or suspend service at our sole discretion.
JP WEBPAGES reserves the right to change
these Policies without prior notice or
warning. Non-enforcement of any part of
these Policies does not constitute consent.
Violations of these Policies should be
referred to abuse@jpwebpages .com
All complaints will be investigated promptly.
Governing Law; Jurisdiction;
Waiver of Trial by Jury.
THIS AGREEMENT AND ALL RIGHTS HEREUNDER
SHALL BE GOVERNED BY THE INTERNAL LAWS
OF THE STATE OF NEW YORK, WITHOUT REGARD
TO SUCH STATE'S POLICIES RELATING TO CONFLICT
OF LAWS. ANY ACTION RELATING TO OR ARISING
OUT OF THIS AGREEMENT OR TO YOUR OR YOUR
AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT
EXCLUSIVELY IN THE COURTS OF ORANGE COUNTY
LOCATED IN THE STATE OF NEW YORK. FOR
THE ADJUDICATION OF DISPUTES CONCERNING
OR ARISING FROM THIS AGREEMENT OR THE
USE OF ANY TLD NAME(S), YOU AGREE TO SUBMIT,
WITHOUT PREJUDICE TO OTHER POTENTIALLY
APPLICABLE JURISDICTIONS, TO THE JURISDICTION
OF THE COURTS (I) OF YOUR DOMICILE, AND
(II) OF NEW YORK, USA, OR THE U.S. COUNTY
COURT FOR ORANGE COUNTY OF LOCATED IN
NEW YORK STATE. YOU WAIVE THE RIGHT TO
TRIAL BY JURY IN ANY SUCH PROCEEDING.
Notices.
Except as otherwise specifically stated
herein, you agree that all notices from
us to you shall be delivered by posting
such notices on our web site and shall
be deemed delivered and effective fifteen
(15) calendar days after such posting.
Notices from you to us shall be by e-mail
to our appropriate e-mail address as specified
on our web site, and shall be deemed delivered
when received by e-mail, or notices shall
be in writing by first class mail to JP
WEBPAGES LLC, 233 Hill Road Goshen, N.Y.
10924, USA, and shall be deemed delivered
five days after deposit in the U.S. mail.
The foregoing notwithstanding, you understand
and agree that any e-mails received by
us from any e-mail address provided to
us or set forth as a contact address (whether
billing, technical or administrative)
with respect to your TLD name shall be
deemed to have been sent by you or your
duly authorized agent having the actual
and apparent authority to act to bind
you. We intend to rely on any such correspondence.
General.
This Agreement, our fee schedule and
the Dispute Policy, together with all
amendments or modifications to any of
them, constitute the complete and exclusive
agreement between you and us, and supersede
and govern all prior or concurrent proposals,
agreements, or other communications. Nothing
contained in this Agreement shall be construed
as creating any agency, partnership, or
other form of joint enterprise between
you and us. Our failure to require your
performance of any provision hereof shall
not affect the right to require such performance
thereafter; nor shall the waiver by us
of a breach of any provision hereof be
taken or held to be a waiver of the provision
itself. In the event that any provision
of this Agreement is deemed unenforceable
or invalid, such un enforceability or
invalidity shall not affect the remainder
of this Agreement, but such provision
shall be automatically amended and replaced
with a provision that is valid and enforceable
and which achieves, to the extent possible,
our original objectives and intent as
reflected in the original provision. No
provision of this Agreement, including
our fee schedule and the Dispute Policy,
may be amended or modified by you except
by means of a written document signed
by us. We may modify this Agreement at
any time by posting such modification(s)
on our web site. Such modifications will
become effective 15 calendar days after
posting. Your continued use of our registration
services after such modification(s) become(s)
effective constitutes your acceptance
of those modifications. If you do not
agree to such a modification, you may
request that your TLD name(s) be cancelled
or transferred to another registrar. This
Agreement shall not confer any benefits
upon any person or entity other than you
and JP WEBPAGES LLC, and shall not be
construed to create any obligation by
JP WEBPAGES LLC to any non-party.
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Service Level Agreement
JP WEBPAGES LLC is proud to offer an
exceptional level of performance, reliability,
and service. That is why we are making
commitments to our customers in the form
of a Service Level Agreement (SLA) which
provides certain rights and remedies regarding
the performance of the JP WEBPAGES network.
The JP WEBPAGES Service Level Agreement
(SLA) guarantees our network/equipment
reliability and performance. This Service
Level Agreement (SLA) applies to customers
of JP WEBPAGES web hosting, reseller,
dedicated server, virtual private servers,
co-location and, e-commerce services.
Uptime Guarantee
JP WEBPAGES strives to maintain a 99.9%
network and server uptime service level.
This uptime percentage is a monthly figure,
and is is calculated solely by JP WEBPAGES
monitoring systems or JP WEBPAGES authorized/contracted
outside monitoring services. If JP WEBPAGES
fails to meet it's 99.9% uptime guarantee,
and it is not due to one of the exceptions
below, credits will be made available
to each client, upon request, on a case
by case basis. JP WEBPAGES will credit
a full month's service. Details on how
credit amounts are calculated can be found
below.
Exceptions
Customer shall not receive any credits
under this SLA in connection with any
failure or deficiency of the JP WEBPAGES
network caused by or associated with:
Circumstances beyond reasonable control,
including, without limitation, acts of
any governmental body, war, insurrection,
sabotage, embargo, "Acts of God"
(ie...fire, flood, earthquake, tornado,
etc...), strike or other labor disturbance,
interruption of or delay in transportation,
unavailability of or interruption or delay
in telecommunications or third party services,
failure of third party software or inability
to obtain raw materials, supplies, or
power used in or equipment needed for
provision of the Service Level Agreement
Telco Failure (ie...Verizon™ cutting
a fiber line somewhere) Backbone peering
point issues (ie...UUnet™ having
a router go down in Virginia that wipes
out internet service for the entire East
Coast)
Scheduled maintenance for hardware/software
upgrades DNS issues not within the direct
control of JP WEBPAGES Client's acts or
omissions, including without limitation,
any negligence, willful misconduct, or
use of JP WEBPAGES service(s) in breach
of JP WEBPAGES Policy and Service Guidelines
(AUP), by Client or others authorized
by Client.
Connectivity:
JP WEBPAGES goal is to make the JP WEBPAGES
network available to Client free of outages
for 99.9% of the time. An "outage"
is defined as an instance in which Client
is unable to transmit and receive IP packets
due to a JP WEBPAGES service failure for
more than 15 consecutive minutes, excluding
service failures relating to JP WEBPAGES
scheduled maintenance and upgrades. JP
WEBPAGES network does not include client
premises equipment or any Telco access
facilities connecting Client's premises
to such infrastructure. JP WEBPAGES goal
is to keep Average Round-Trip Latency
on the JP WEBPAGES network to 85 milliseconds
or less. JP WEBPAGES defines "Average
Round-Trip Latency", with respect
to a given month, as the average time
required for round-trip packet transfers
between the JP WEBPAGES network and major
US backbone peering points during such
month, as measured by JP WEBPAGES. JP
WEBPAGES goal is to keep Average Packet
Loss on the JP WEBPAGES network to 1%
or less. JP WEBPAGES defines "Average
Packet Loss", with respect to a given
month, as the average percentage of IP
packets transmitted on the JP WEBPAGES
network during such month that are not
successfully delivered, as measured by
JP WEBPAGES.
Measurement
JP WEBPAGES will periodically (on average
every 10 minutes) monitor JP WEBPAGES
network and server availability using
software and hardware components capable
of measuring application traffic and responses.
Client acknowledges that that such measurements
may not measure the exact path traversed
by Client's internet connection, and that
such measurements constitute measurements
across the JP WEBPAGES network but not
other networks to which Client may connect.
JP WEBPAGES reserves the right to periodically
change the measurement points and methodologies
it uses without notice to Client. Full
network and server reporting will be posted
to a location designated by JP WEBPAGES
and made available to Client.
Hardware Failure
JP WEBPAGES stands behind all equipment
on our network. Faulty hardware is rare,
but cannot be predicted nor avoided. JP
WEBPAGES utilizes only name brand hardware
of the highest quality and performance.
JP WEBPAGES will replace all faulty hardware
affecting performance levels of equipment
within 12 hours, which includes hardware
issues that cause server crashes or speed
issues. Hardware failure resulting in
complete network/server outage/downtime
will be corrected within two hours of
problem identification. Router failure
is an exception to this SLA guarantee,
and may require on-site Cisco™ engineers
or backbone provider emergency personnel
to correct the problem. Router failure
is governed by current JP WEBPAGES contracts
with backbone providers in regard to the
emergency repair service in case of such
an issue. JP WEBPAGES will replace all
faulty hardware on dedicated servers (rented
or leased servers), at no charge to the
Client, with an unlimited free replacement
policy. This includes parts ordered as
upgrades.
Credits
Credit requests must be made on the JP
WEBPAGES web site, by emailing to billing@jpwebpages.com.
Each request in connection with network/server
outages/downtime must be received by JP
WEBPAGES within five days of the occurrence.
Each request in connection with Average
Round-Trip Latency or Average Packet Loss
in a calendar month must be received by
JP WEBPAGES within five days after the
end of such month. The total amount credited
to a Client for JP WEBPAGES not meeting
SLA service levels will not exceed the
service fees paid by Client JP WEBPAGES
for such services for the period in question.
Each validly requested credit will be
applied to a Client invoice within 30
days after JP WEBPAGES receipt of such
request. Credits are exclusive of any
applicable taxes charged to Client or
collected by JP WEBPAGES. Upon Client's
request (in accordance with the procedure
set forth below), JP WEBPAGES will issue
a credit to Client for network/server
outages/downtime occurring during any
calendar month that are reported by Client
to JP WEBPAGES and confirmed by JP WEBPAGES
measurement reporting. Such credit will
be equal to one MONTH's worth of service.
If Average Round-Trip Latency on the JP
WEBPAGES network for a calendar month
exceeds 85 milliseconds, then upon Client's
request, JP WEBPAGES will issue a credit
to Client equal to one MONTH's worth of
service. If Average Packet Loss exceeds
1% during a calendar month, then upon
Client's request, JP WEBPAGES will issue
a credit to Client equal to one MONTH's
worth of service.
Account cancellations
Your account can be cancelled by contacting
JP WEBPAGES at billing@jpwebpages.com.
Once cancellation is received the account
will be cancelled within 24 hours.
General
JP WEBPAGES reserves the right to change
or modify this SLA to benefit the Client,
and will post changes to location currently
housing this SLA at time of modification,
which will be made available to Client.
Except as set forth in this SLA, JP WEBPAGES
makes no claims regarding the availability
or performance of the JP WEBPAGES network
or servers. Specific terms/points of this
SLA may be adjusted on a case by case
basis by the specific Service Agreement
signed/agreed by client. In case of difference
terms/points in SLA and Service Agreement,
the Service Agreement terms/points prevail
over this general SLA policy. The Service
Agreement signed/agreed by client, is
above and beyond this SLA, and Service
Agreement terms are in affect, including,
but not limited to, limitations of liability.
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Web Design Terms Of Services
1. Authorization/contact agreement.
The client is engaging JP WEBPAGES, LLC
as an independent contractor for the specific
project of developing an Internet web
site, graphics or modifying an existing
web site. The client also authorizes JP
WEBPAGES to publicize their completed
web site to Internet search engines, directories
and other indexes.
The client is responsible for providing
accurate and reliable contact information.
The client agrees that any email address
given for business purposes will be active
and understands that the client is responsible
for replying to all correspondence sent
to that address by JP WEBPAGES. Failure
to respond in a timely manner may result
in a suspension of your account if JP
WEBPAGES unable to contact you for a 15
day period using the contact information
that you have provided.
2. Changes and Additions.
Any changes request by you after agreed
completion and upload may be subject to
additional charges. Additional work requested
will be considered as a separate work
order. JP WEBPAGES is under no obligation
to make any additions that do not arrive
in writing or arrive without an acknowledgement
of charges to be billed. You must submit
a new order form when adding additional
pages/features to your web site. Any further
revisions in your web site may result
in additional charges if it requests anything
other than a simple change of contact
information or a correction of an error.
3. Completion Date.
JP WEBPAGES and the client must work together
to complete the web site in a timely manner.
JP WEBPAGES agrees to complete the web
sites in a timely manner, no later than
four (2) weeks from the time that all
information and materials are received
by JP WEBPAGES.
If the client does not supply JP WEBPAGES
with all information and materials by
a date, 8 weeks from the date that the
Order Form is submitted, the account may
be suspended or even cancelled at the
discretion of JP WEBPAGES. If for any
reason, a lengthy delay is anticipated
after all materials have been delivered
to JP WEBPAGES, we will provide a refund
for any uncompleted work that is cancelled
by the client or advise the client of
a new schedule for the contracted work.
4. Payment of Fees.
All design work completed or in progress
remains the legal property of JP WEBPAGES
until full payment is received. Once full
payment is made, the client shall retain
legal ownership of all contracted work.
Fees to JP WEBPAGES are due before the
commencement of any contracted work. If
payment is not arranged within 7 days
of the Submission of the Order Form, the
account can be cancelled by JP WEBPAGES.
The entire amount of the contract becomes
due and payable at the time that the work
is completed.
For your convenience, we accept Visa
, American Express, Discover, Master Card
and PayPal. All payments must be made
in U.S. Funds. Public access to the web
site will be granted after final payment
is made.
Fees for updates are due within 10 days
of receipt of invoice. Payments must be
paid promptly. Delinquent bills will be
assessed a $25 dollar charge if payment
is not received within 10 days of the
due date. If the amount remains delinquent
30 days after its due date, the account
will be suspended until the account is
paid in full - including the $25 US charge
for delinquency. If the amount remains
delinquent for more than 6 months, the
account will be turned over to a collection
agency.
5. Impossibility of Performance.
Client acknowledges and agrees that JP
WEBPAGES cannot guarantee the absence
of service interruptions caused by Acts
of God or other circumstances beyond their
control including, but not limited to,
local telecommunications problems, line
failures, or temporary down time for maintenance
or upgrades. The client also accepts that
because web pages rely on delivery through
a world-wide web of co-operating systems
- from time to time, any web site may
temporarily experience interruptions beyond
the control of JP WEBPAGES.
6. Copyrights and Trademarks.
The client unconditionally guarantees
that any elements of text, graphics, photos,
designs, trademarks, or other artwork
furnished to JP WEBPAGES for inclusion
in the web site are owned, or that the
proper permissions were received by the
client from the rightful owner to use
these elements in the web site. The client
further guarantees that JP WEBPAGES will
be held harmless, be protected from, and
be defended from any claim or suit arising
from the use of such elements furnished
by the client.
7. Copyright to Web Pages and
Artwork.
Upon full final payment of this contract,
JP WEBPAGES agrees that its work product
produced in the performance of this contract
shall remain the exclusive property of
client, and that it will not sell, transfer,
publish, disclose or otherwise make the
work product available to third parties
without client's prior written consent.
Rights to photos, graphics, source code,
work-up files, and computer programs are
specifically not transferred to the client
and remain the property of their respective
owners. Clients are entitled to personal
use of purchased JP WEBPAGES artwork e.g.
incorporating it into letterheads, business
cards, print advertising (credit to JP
WEBPAGES where applicable), however we
do retain the copyright on each graphic.
This means that you are free to use your
graphics as in the above fashion, but
cannot modify them in any way. We also
reserve the right to display your graphics
as examples of our work on our design
site. Distribution of graphics to other
parties is prohibited, including usage
on other web sites, inclusion in any collection,
or sale of artwork. We require that a
link back to our design site be placed
on each site created by us or on pages
where our graphics are featured.
8. Removal of web pages.
JP WEBPAGES reserves the right to remove
the design from public posting for failure
to adhere to the terms of this contract,
including violation of any licensing agreements
or failure to pay fees duly assessed.
9. Refusal of Service.
JP WEBPAGES reserves the right to refuse
service for any web site or material that
that it feels is not legal, moral, or
in the best interests of JP WEBPAGES.
JP WEBPAGES is not responsible for the
content of any web site. JP WEBPAGES may
cancel this contract for failure of the
client to abide by its terms.
10. Cancellations and Refunds.
Any cancelled work will only be refunded
if cancelled before being posted on an
active web site. Any refund authorized,
will be calculated using the terms below.
Any work cancelled by the client after
being posted to an active site may be
considered for a partial refund at the
sole discretion of JP WEBPAGES.
Once design work has commenced, the initial
deposit of 50% is non-refundable. Notice
of cancellation must be received in writing,
and JP WEBPAGES will invoice the client
for any work completed for which compensation
is not included within the aforementioned
50% deposit. The client agrees to accept
responsibility for all work completed
prior to written notice of cancellation
being received by JP WEBPAGES.
11. Design Credit.
A small logo image and link to JP WEBPAGES
will appear at the bottom of each page
on the site. The client agrees to display
this image and link for as long as the
web site, designed by JP WEBPAGES, is
publicly displayed on the internet, regardless
of where the site is hosted or maintained.
12. Governing Law.
This contract shall be governed by the
laws of the Province of Newfoundland and
the country of Canada, which shall claim
venue and jurisdiction for any legal motion
or claim arising from this contract. This
contract is void where prohibited by law.
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Rev. 06/00
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