Upon account setup and activation user agrees to be bound by all guidelines as outlined in our Acceptable Use Policy.
Refusal Of Service
We reserve the right to refuse, terminate, or suspend service at our sole discretion.
All services provided by JAZ Marketing & Design Inc must be used only for lawful purposes. Any account that is found to be either questionable or in violation of this policy will be terminated without warning. As a user, it is your responsibility to request approval if you have doubt or you are unsure on whether your content is acceptable.
JAZ Marketing & Design Inc does not permit the following on our system: Web sites with hacking content or links to hacking content Pornographic material or links to sites with pornographic material Improper use of copyrighted material Pirated software Warez sites IRC Bots Daemons JAZ Marketing & Design Inc will be the sole arbiter as to what constitutes a content violation. All users of our system agree to indemnify and hold JAZ Marketing & Design Inc guiltless for any judgment or action taken against them due to their actions or content that is placed on our system.
The sending of unsolicited emails, or spamming, is prohibited on JAZ Marketing & Design Inc servers. You are responsible for all email addresses associated with your account and for all emails that are sent through your domain. Any account found in violation of our no-tolerance spam policy will be immediately terminated without warning.
Backup Your Content
Your are responsible for keeping current backups of your files. Although, JAZ Marketing & Design Inc conducts routine system backups and can often restore client data we are not responsible for file or data lost. If you incur file or data loss you agree to hold JAZ Marketing & Design Inc guiltless
Each account is automatically renewed for an additional term upon your contract due date. If at anytime you wish to cancel service you must contact our office 30 days before your next due date in order to avoid the automatic account renewal. Cancellation of your hosting account is solely your responsibility. There is no cancellation fee or penalty for terminating a hosting account. However, if you cancel your account after billing has occurred there is no refund for the remaining time unused.
Failure to Follow our Policies
Failure to follow any term or condition will be grounds for immediate account termination. No refunds are guaranteed under any circumstances and any that is given is solely at the discretion of JAZ Marketing & Design Inc.
Limitation of Liability
JAZ Marketing & Design Inc shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from JAZ Marketing & Design Inc's servers going off-line or being unavailable for any reason whatsoever. JAZ Marketing & Design Inc makes no warranties of any kind, expressed or implied, for services we provide. JAZ Marketing & Design Inc disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by JAZ Marketing & Design Inc and its employees. Further, JAZ Marketing & Design Inc shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from JAZ Marketing & Design Inc server
Client agrees to indemnify JAZ Marketing & Design Inc for the violation of any law or JAZ Marketing & Design Inc policy that results in loss to JAZ Marketing & Design Inc or the bringing of any claim against JAZ Marketing & Design Inc In the event JAZ Marketing & Design Inc is sued as result of activities of the client that violate any law, or this policy, the client agrees to pay any damages awarded against JAZ Marketing & Design Inc plus costs and reasonable attorneys' fees. JAZ Marketing & Design Inc shall be the sole arbiter of what is and is not a violation of these acceptable use policies. JAZ Marketing & Design Inc reserves the right to terminate an account at any time and for any reason that causes harm to any JAZ Marketing & Design Inc client's web sites. JAZ Marketing & Design Inc reserves the right to delete all content and files upon termination. JAZ Marketing & Design Inc reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. JAZ Marketing & Design Inc reserves the right to refuse, cancel, or suspend service at our sole discretion. All clients must be at least 18 years of age to obtain our service. JAZ Marketing & Design Inc reserves the right to change the Acceptable Use Policy and hosting plan configurations without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. Violations of these Acceptable Use Policies should be brought to our attention immediately . All complaints will be investigated promptly.
Finalization of Policies
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of law provisions and all parties hereby consent to personal jurisdiction and venue therein. JAZ Marketing & Design Inc and Client hereby knowingly, voluntarily and intentionally waive the right to a trial by jury in respect of any claim based hereon, arising out of, under or in connection with this agreement or any other documents contemplated to be executed in connection herewith or any course of conduct, course of dealings, statements (whether verbal or written) or actions of any party relating to the parties' business relationship, and agree that no party will seek to consolidate any such action with any other action in which a jury trial cannot be or has not been waived. This waiver constitutes a material inducement for JAZ Marketing & Design Inc to accept this agreement. This agreement supersedes any written, electronic, oral or implied communication you may have had with JAZ Marketing & Design Inc or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
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