Domain name terms of service Service level agreement

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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 JPWEBPAGES 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 JPWEBPAGES, which selects and registers TLD domain names for customers on JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES 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. JPWEBPAGES 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 JPWEBPAGES at billing@jpwebpages.com promptly, otherwise, changes will be deemed as accepted by members.

Fee Policy

As consideration for the JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES

JPWEBPAGES agrees to comply with all the terms and conditions in this Agreement.
JPWEBPAGES agrees to provide real-time registration system to member.
JPWEBPAGES will release the newest prices and Policy on jpwebpages.com web site from time to time. JPWEBPAGES does not guarantee that each individual Member will specifically be notified of these price changes. JPWEBPAGES 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 JPWEBPAGES Privacy Statement Information. For more information on our privacy policy, go to http://jpwebpages.com/privacy.php JPWEBPAGES knows the importance of keeping your information private. By signing this agreement, you agree to accept the guidelines described herein.

Information collected by JPWEBPAGES

Here are the types of information we gather from JPWEBPAGES 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 JPWEBPAGES, 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 JPWEBPAGES may not be able to control how members of the public may use the WHOIS information.

Sites Other than JPWEBPAGES LLC

JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES 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).

Hosting Terms of Service

JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES services, you hereby agree that JPWEBPAGES 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 JPWEBPAGES . 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 JPWEBPAGES 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. JPWEBPAGES 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, JPWEBPAGES will not substitute itself for a court of law in deciding tort claims raised by the third party.

Abuse of the law:

JPWEBPAGES 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. JPWEBPAGES 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 JPWEBPAGES Server Resources:

*Running programs in the background on a JPWEBPAGES server without JPWEBPAGES prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, and the like are not acceptable uses of JPWEBPAGES 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:

JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES to provide this knowledge or support outside matter specific to JPWEBPAGES 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 JPWEBPAGES, JPWEBPAGES 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, JPWEBPAGES 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, JPWEBPAGES 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.

JPWEBPAGES 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:

JPWEBPAGES shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from JPWEBPAGES servers going off-line or being unavailable for any reason whatsoever. Further, JPWEBPAGES 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 JPWEBPAGES servers. All damages shall be limited to the immediate termination of service.

JPWEBPAGES shall be the sole arbiter of what is and is not a violation of these acceptable use policies. JPWEBPAGES reserves the right to terminate an account at any time and for any reason that causes harm to any JPWEBPAGES customer's web sites. JPWEBPAGES reserves the right to delete all content and files upon termination. JPWEBPAGES reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. JPWEBPAGES reserves the right to refuse, cancel, or suspend service at our sole discretion.

JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES LLC, and shall not be construed to create any obligation by JPWEBPAGES LLC to any non-party.

 

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Service Level Agreement

JPWEBPAGES 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 JPWEBPAGES network. The JPWEBPAGES Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of JPWEBPAGES web hosting, reseller, dedicated server, virtual private servers, co-location and, e-commerce services. >

Uptime Guarantee

JPWEBPAGES 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 JPWEBPAGES monitoring systems or JPWEBPAGES authorized/contracted outside monitoring services. If JPWEBPAGES 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. JPWEBPAGES 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 JPWEBPAGES 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 JPWEBPAGES Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of JPWEBPAGES service(s) in breach of JPWEBPAGES Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Connectivity:

JPWEBPAGES goal is to make the JPWEBPAGES 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 JPWEBPAGES service failure for more than 15 consecutive minutes, excluding service failures relating to JPWEBPAGES scheduled maintenance and upgrades. JPWEBPAGES network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. JPWEBPAGES goal is to keep Average Round-Trip Latency on the JPWEBPAGES network to 85 milliseconds or less. JPWEBPAGES defines "Average Round-Trip Latency", with respect to a given month, as the average time required for round-trip packet transfers between the JPWEBPAGES network and major US backbone peering points during such month, as measured by JPWEBPAGES. JPWEBPAGES goal is to keep Average Packet Loss on the JPWEBPAGES network to 1% or less. JPWEBPAGES defines "Average Packet Loss", with respect to a given month, as the average percentage of IP packets transmitted on the JPWEBPAGES network during such month that are not successfully delivered, as measured by JPWEBPAGES.

Measurement

JPWEBPAGES will periodically (on average every 10 minutes) monitor JPWEBPAGES 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 JPWEBPAGES network but not other networks to which Client may connect. JPWEBPAGES 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 JPWEBPAGES and made available to Client.

Hardware Failure

JPWEBPAGES stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. JPWEBPAGES utilizes only name brand hardware of the highest quality and performance. JPWEBPAGES 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 JPWEBPAGES contracts with backbone providers in regard to the emergency repair service in case of such an issue. JPWEBPAGES 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 JPWEBPAGES web site, by emailing to billing@jpwebpages.com. Each request in connection with network/server outages/downtime must be received by JPWEBPAGES 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 JPWEBPAGES within five days after the end of such month. The total amount credited to a Client for JPWEBPAGES not meeting SLA service levels will not exceed the service fees paid by Client JPWEBPAGES for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after JPWEBPAGES receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by JPWEBPAGES. Upon Client's request (in accordance with the procedure set forth below), JPWEBPAGES will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to JPWEBPAGES and confirmed by JPWEBPAGES measurement reporting. Such credit will be equal to one MONTH's worth of service. If Average Round-Trip Latency on the JPWEBPAGES network for a calendar month exceeds 85 milliseconds, then upon Client's request, JPWEBPAGES 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, JPWEBPAGES will issue a credit to Client equal to one MONTH's worth of service.

Account cancellations

Your account can be cancelled by contacting JPWEBPAGES at billing@jpwebpages.com. Once cancellation is received the account will be cancelled within 24 hours.

General

JPWEBPAGES 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, JPWEBPAGES makes no claims regarding the availability or performance of the JPWEBPAGES 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 JPWEBPAGES, 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 JPWEBPAGES 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 JPWEBPAGES. Failure to respond in a timely manner may result in a suspension of your account if JPWEBPAGES 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. JPWEBPAGES 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.

JPWEBPAGES and the client must work together to complete the web site in a timely manner. JPWEBPAGES 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 JPWEBPAGES.

If the client does not supply JPWEBPAGES 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 JPWEBPAGES. If for any reason, a lengthy delay is anticipated after all materials have been delivered to JPWEBPAGES, 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 JPWEBPAGES until full payment is received. Once full payment is made, the client shall retain legal ownership of all contracted work.

Fees to JPWEBPAGES 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 JPWEBPAGES.
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 JPWEBPAGES 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 JPWEBPAGES.

6. Copyrights and Trademarks.

The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to JPWEBPAGES 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 JPWEBPAGES 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, JPWEBPAGES 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 JPWEBPAGES artwork e.g. incorporating it into letterheads, business cards, print advertising (credit to JPWEBPAGES 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.

JPWEBPAGES 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.
JPWEBPAGES 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 JPWEBPAGES. JPWEBPAGES is not responsible for the content of any web site. JPWEBPAGES 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 JPWEBPAGES.

Once design work has commenced, the initial deposit of 50% is non-refundable. Notice of cancellation must be received in writing, and JPWEBPAGES 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 JPWEBPAGES.

11. Design Credit.

A small logo image and link to JPWEBPAGES 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 JPWEBPAGES, 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.