IMPORTANT NOTICE:

*All Payments To CJM Web Designs, LLC dba Web-Hosting4u are Non-Refundable* Except where stated in the policy's laid out unless otherwise stated in writing from CJM Web Designs, LLC dba Web-Hosting4u.

CJM Web Designs, LLC dba Web-Hosting4u,  ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of CJM Web Designs, LLC dba Web-Hosting4u service constitutes acceptance and agreement to CJM Web Designs, LLC dba Web-Hosting4u  AUP as well as The CJM Web Designs, LLC dba Web-Hosting4u  TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of CJM Web Designs, LLC dba Web-Hosting4u and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the United States. All issues involving the courts will be handled in the legal state of business, New Jersey, USA

 
01. Disclosure to Law Enforcement

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The company CJM Web Designs, LLC dba Web-Hosting4u & Named Company's In TOS on network sites shall have the right to terminate all service set forth in this Agreement.

02. Service Rates

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not to rates charged to company by its suppliers. If a customer does not pay their service fees on time unless otherwise stated on a signed headed document from CJM Web Designs, LLC dba Web-Hosting4u this is also enforceable if the notice of your billing was sent but you never got the invoice. It is considered that customers know there billing date and rate and we may agree to via post options for your service will be suspended 3 days after past due this applies to all services except domain names. Dedicated servers however will be disconnected if we are not informed of a problem and you further agree to any delay in payment that it will be in writing only. Also note that we can suspend any service where an overdue payment is due. (Notice Emails are not an authorized method of authority from us)

Bank Payments are required to reach us 5 days per your billing date there are no exceptions. If your account goes beyond the 5 days we will charge you a $100 Admin charge for manual work that is carried out per invoice overdue. If your account is settled shortly after the cut off time we will bill you the $100 Admin charge if this is not paid within a timely manner services may be disrupted without notice and warning.

Paypal Payments should be paid within 72 hours at all times, Nonpayment will result in service disruption.

Invoices are all sent from an online automated system. Special provisions may be requested to receive invoices via regular mail, however, not recommended.

Postal Invoices can be arranged from 1st November 2004. There are no additional fees for this type of billing process. 

03. Payment

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided CJM Web Designs, LLC dba Web-Hosting4u will collect any and all amounts due . Nonpayment of the full amount is considered nonpayment we may allow more time to pay for non-dedicated servers only. CJM Web Designs, LLC dba Web-Hosting4u does not current charge sales Tax.

04. Payments and Fees & SLA
 
Service will be interrupted on accounts that reach 3 days past due. Service interrupted for non-payment is subject to a $25 reconnection charge per server or account. Accounts not paid by due date are subject to a $10.00 late fee per Invoice after 60 days. Accounts that are not collectable by CJM Web Designs, LLC dba Web-Hosting4u may be turned over to an outside collection agency for resolution. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, We do not warranty protection of data at any time. Please follow the proper procedure to do this as outlined in this TOS. Please note this does not apply to dedicated servers. Dedicated Server Payments Only for any dedicated server supplied by payments to any member of the CJM Web Designs, LLC dba Web-Hosting4u range all servers are billed monthly on the the date due or set by CJM Web Designs, LLC dba Web-Hosting4u.

CJM Web Designs, LLC dba Web-Hosting4u  does not at any time allow credit or will CJM Web Designs, LLC dba Web-Hosting4u be expected to provide this all services are to be prepaid failure on payment may result in disruption to services supplied.

Hardware failure we will replace any hardware failed systems without charge in a respectable manner. Please note we do not warranty data recovery nor do we do this at any time.

We issue credit based on Network Downtime only this is at the rate your server is billed once it goes below 99.5% your credit will be for the number of minutes the network issue affected you. This is done on CJM Web Designs, LLC dba Web-Hosting4u time and monitoring system at all times. CJM Web Designs, LLC dba Web-Hosting4u may consider 3rd party data in assisting them but do not have to count this data at all.

Software crashes are not covered by our Service Level Agreement nor is user action on servers where a customer’s user is the cause if this happens there is no SLA.

Secure Software we seek that you keep your system up to date you should check your system as often as possible to ensure it is well patched. If a server is compromised it is not covered by our SLA or Managed services agreement if provided on the account or if a user's script or out of date software is installed on your system.

As of 22nd December 2004. It is also agreed that CJM Web Designs, LLC dba Web-Hosting4u may use the copy of the last payment from you to confirm that you have agreed to this terms of service and acceptable use policy this will result in the agreement you agree with our policy's as published or on request from us at any time. We are not required to send you our current policy at any time or announce changes. It is up to you to keep a check on our acceptable use policy & terms of service at all times.

05. Refund and Disputes

All payments CJM Web Designs, LLC dba Web-Hosting4u  are non-refundable unless otherwise stated in a posted letter that is signed by CJM Web Designs, LLC dba Web-Hosting4u. This includes any one time setup fee and subsequent charges regardless of usage. If there is a trial running or money back offer the rules of this TOS & AUP apply. If there is abuse the trial charges or money back offer do not apply there will be no refunds on the grounds of over use/abuse for money back offer's that we may offer from time to time. All overcharges or billing disputes must be reported within 7 days of the time the dispute occurred.  

06. Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. This should not happen but sometimes does. If this is does happen it will be up to CJM Web Designs, LLC dba Web-Hosting4u at all times.

07. Account Cancellation

Requests for cancelling accounts may be made in writing with at least 14 days notice but not more than 28 days prior written notice and sent to:

CJM Web Designs, LLC / Web-Hosting4u
Attn Accounts Department,
P.O. Box 2246
Livingston, NJ 07039-2108

Non-payment can also trigger this without notice or warning.

CJM Web Designs, LLC dba Web-Hosting4u preferred method of cancellation is via Email or via FAX. You may request to have your service cancelled via opening a ticket for Accounts. You must have all account information to cancel.

08. Subscriber Acknowledgement

 

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. It is also noted that the network or any of its provider/peers are not libel for performance or libel to make copies of the users data at any time. It is down to the customer to arrange a backup service these are all chargeable.

09. Support Boundaries

CJM Web Designs, LLC dba Web-Hosting4u shall provide 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: CJM Web Designs, LLC dba Web-Hosting4u provides support related to our servers. CJM Web Designs, LLC dba Web-Hosting4u does not offer tech support for application specific issues such as cgi programming, html or any other such issue or 3 rd part software. The Network does not provide technical support for YOUR customers unless otherwise arranged with the company. It may be at an extra cost that the company will agree to support your customers. If you can email, we encourage you to email  Our Support Team   for assistance. If you are able to get online and have other questions, the answers may be on our website we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

 

10. SPAM and Unsolicited Commercial Email (UCE)

CJM Web Designs, LLC dba Web-Hosting4u  as a company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Simply this means that customers of CJM Web Designs, LLC dba Web-Hosting4u  may not use or permit others to use our network to transact in UCE. Customers of CJM Web Designs, LLC dba Web-Hosting4u and any related company as well as that of its resellers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

A. Violation of CJM Web Designs, LLC dba Web-Hosting4u   SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, CJM Web Designs, LLC dba Web-Hosting4u will initiate an immediate investigation (within 48 hours of notification). During the investigation, CJM Web Designs, LLC dba Web-Hosting4u may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, CJM Web Designs, LLC dba Web-Hosting4u may, at its sole discretion, restrict, suspend or terminate customer's account. Further, CJM Web Designs, LLC dba Web-Hosting4u reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. CJM Web Designs, LLC dba Web-Hosting4u will notify law enforcement officials if the violation is believed to be a criminal offence.

B. First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $125 per hour that CJM Web Designs, LLC dba Web-Hosting4u personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

C. As our Customers are ultimately responsible for the actions of their clients over the CJM Web Designs, LLC dba Web-Hosting4u Network it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

11. Network

A. IP Address Ownership: If CJM Web Designs, LLC dba Web-Hosting4u  assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to CJM Web Designs, LLC dba Web-Hosting4u and their suppliers, and Customer shall have no right to use that Internet Protocol address except as permitted by CJM Web Designs, LLC dba Web-Hosting4u  in its sole discretion in connection with the Services, during the term of this Agreement. CJM Web Designs, LLC dba Web-Hosting4u shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by CJM Web Designs, LLC dba Web-Hosting4u and The Company reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is  by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

CJM Web Designs, LLC dba Web-Hosting4u at any time can ask you to supply IP use information and your agree to provide this within 5 working days of CJM Web Designs, LLC dba Web-Hosting4u  emailing you to your last known address.

B. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). CJM Web Designs, LLC dba Web-Hosting4u will monitor Customer's bandwidth and disk usage. CJM Web Designs, LLC dba Web-Hosting4u at all times shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in CJM Web Designs, LLC dba Web-Hosting4u sole and absolute discretion. If CJM Web Designs, LLC dba Web-Hosting4u  takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, CJM Web Designs, LLC dba Web-Hosting4u may, at its sole discretion, collect a deposit, in an amount determined by CJM Web Designs, LLC dba Web-Hosting4u , against customer's credit card on file with CJM Web Designs, LLC dba Web-Hosting4u .

Bandwidth reads for dedicated servers are always based on RTG / MRTG reading that are on request via our support site.

Bandwidth that looks like it will go over your allowed allocation CJM Web Designs, LLC dba Web-Hosting4u  may ask you without notice for a deposit at any time if you do not pay a such a request we may restrict your services. Bandwidth over charges are priced at $0.95 Cents per GB at all times except for machines on the BurstNET network which are charged at $4 per GB

RTG readings are final on all bandwidth reads.

Bandwidth is measured from the 1st of the month to all account holders inc shared & dedicated. You can request a read of your servers RTG at any time from our support website.

C. System and Network Security: Users are prohibited from violating attempting to violate the security of the CJM Web Designs, LLC dba Web-Hosting4u Network. Violations of system or network security may result in civil or criminal liability. CJM Web Designs, LLC dba Web-Hosting4u will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access or the true account holder.

ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" This includes any tar / gzip application on shared servers without our consent..

iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

v. Taking any action in order to obtain services to which such User is not entitled .

12. Notification of Violation

A. CJM Web Designs, LLC dba Web-Hosting4u is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

B. First violation: Any User, which CJM Web Designs, LLC dba Web-Hosting4u determines to have violated any element of this Acceptable Use Policy or our Terms of service, shall receive an email, warning them of the violation. The service may be subject at CJM Web Designs, LLC dba Web-Hosting4u discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

C. Second Violation: Users that CJM Web Designs, LLC dba Web-Hosting4u determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

D. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your account/server/network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

13. Suspension of Service or Cancellation

CJM Web Designs, LLC dba Web-Hosting4u reserves the right to suspend network access to any customer if in the judgment of CJM Web Designs, LLC dba Web-Hosting4u network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which CJM Web Designs, LLC dba Web-Hosting4u chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement officers will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. From 1st August 2004 The company also reserves the right to refuse business from any party without notice giving a full refund to the client excluding used services. The customer is further libel to any data and hold CJM Web Designs, LLC dba Web-Hosting4u harmless they use the service at their own risk.

14. CJM Web Designs, LLC dba Web-Hosting4u reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of CJM Web Designs, LLC dba Web-Hosting4u  Network must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy .

15. Indemnification

CJM Web Designs, LLC dba Web-Hosting4u  wishes to emphasize that in agreeing to the CJM Web Designs, LLC dba Web-Hosting4u  Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies CJM Web Designs, LLC dba Web-Hosting4u  for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to CJM Web Designs, LLC dba Web-Hosting4u  or the bringing of any claim against CJM Web Designs, LLC dba Web-Hosting4u  by any third-party. This means that if CJM Web Designs, LLC dba Web-Hosting4u  is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against CJM Web Designs, LLC dba Web-Hosting4u , plus all costs and attorney's fees. At no time will the company be accountable for client fault or 3rd party fault beyond our control. The customer agrees to this policy at all times.

(b) If the customer disagrees with this they will be terminated instantly and at their own risk. It is encouraged that if a customer disagrees with our policy's or terms that they mail us via postal means only. Email is not accepted if a customer uses email they do so at their own risk and we are not libel for any type error or reply we give this will be to the best ability we can provide information to.


16. Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

B. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at any time without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at any time without further obligation.

C. CJM Web Designs, LLC dba Web-Hosting4u takes no responsibility for any material input by others and not posted to the CJM Web Designs, LLC dba Web-Hosting4u  Network by CJM Web Designs, LLC dba Web-Hosting4u . CJM Web Designs, LLC dba Web-Hosting4u is not responsible for the content of any other websites linked to the CJM Web Designs, LLC dba Web-Hosting4u  Network's links are provided as Internet navigation tools only. CJM Web Designs, LLC dba Web-Hosting4u disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

D. CJM Web Designs, LLC dba Web-Hosting4u  is not responsible for any damages your business may suffer. CJM Web Designs, LLC dba Web-Hosting4u  does not make implied or written warranties for any of our services. CJM Web Designs, LLC dba Web-Hosting4u denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by CJM Web Designs, LLC dba Web-Hosting4u. Managed services where a backup solution is provided this is on tape backup only if purchased.

E. It is absolutely forbidden to host child pornographic content on our adult network or any adult content in any way on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. If you would like irc related services please contact support/sales.

17. Responsibility for Content

You, as a CJM Web Designs, LLC dba Web-Hosting4u customer, are solely responsible for the content stored on and served by your CJM Web Designs, LLC dba Web-Hosting4u server or account and those of your clients.

18. Abuse Towards CJM Web Designs, LLC dba Web-Hosting4u Staff

Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds. Also any abuse etc will result in an instant legal report to local law enforcement agencies In the United States. Furthermore we can change our policy at any time without warning or notice. Further is a customer shows any disrespect towards network staff we will not support them until they can assure us it will not continue. We reserve the right to bill you if we find that you have been rude or find you have been abusive to our staff at any time.

At any time if a telephone threat is made a customer can be suspended or terminated at any time as seen fit by the duty network admin. We will always use this policy to ensure safe order of service/staff.

Further we can ban you from using instant message contact if you become rude or loud or threaten anyone on our network or staff in any way we can restrict or delete your account without notice.

All other terms are down to discussion with CJM Web Designs, LLC dba Web-Hosting4u this is our policy agreement and applies to all customers at all times. If you do not agree to these terms please notify us immediately.

 

Reviewed / Updated Oct. 17, 2014
Reviewed / Updated Jan. 1, 2007
Created December 27, 2004

 

 

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