Terms of Service
What you agree to by using our services
Acceptable usage Policy
Jack Web Design and Jack Web Hosting and its affiliates provide to business and consumer users several information technology related services, including such services (but not limited to) as Internet access, various electronic mail (e-mail) packages and services, Web site Design, World Wide Web hosting arrangements, server co-location and other online and Internet-related services.
All customers on the shared hosting plans will abide to the following terms. Failure to due so may result in immediate cancelation of your account without obligation to refund any payments. Changes may be made to the AUP (Acceptable Usage Policy) at any time. By entering into the use of our services you agree to all these terms and conditions.
It is contrary to Jack Web Design policy for any user of any of these services to effect or participate in any of the following activities through an Jack Web Design, Jack Web Hosting or Photo Machine provided service:
1. To post ten (10) or more messages similar in content to Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists.
2. To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.
3. To send unsolicited e-mailings (also known as SPAM or UCE) to more than twenty-five (25) e-mail users, if such unsolicited e-mailings could reasonably be expected to provoke complaints.
4. To falsify user information provided to Jack Web Design or to other users of the service in connection with use of an Jack Web Design service.
5. To engage in any of the foregoing activities by using the service of another provider, but channeling such activities through an Jack Web Design account, re-mailer, or otherwise through an Jack Web Design service or using an Jack Web Design account as a mail-drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect an Jack Web Design service.
6. To use Jack Web Design services for illegal activities and activities harmful to others computers, data, software or networks including but not limited to hacker activities, virus creation and distribution, denial of services attacks, e-mail bombs etc.
7. To use Jack Web Design services to post the following on the Internet or other private networks.
7.1. Copyright, trademark, patent, trade secret or other intellectual property infringement, including but not limited to offering pirated computer programs or links to such programs, serial or registration numbers for software programs, copyrighted music, copyrighted images; copyrighted texts etc.
7.2. Displaying material that exploits children under 18 years of age.
7.3. Displaying material containing nudity or pornographic material of any kind.
7.4. Providing material that is offensive to the online community, including but not limited to profanity, bigotry, prejudice, racism, hatred, etc.
7.5. Promoting or providing information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
7.6. Defaming any person or group.
7.7. Promoting or soliciting for participation in multilevel marketing or pyramid schemes.
7.8. Gathering personally identifiable information for unlawful purposes.
8. Jack Web Design may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Jack Web Design, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
9. You agree to indemnify, defend, and hold harmless Jack Web Design from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting directly and/or indirectly from your use of the service which damages either you, Jack Web Design, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account with Jack Web Design.
10. Jack Web Design reserves the right to refuse or discontinue service to anyone at our sole discretion. Jack Web Design may deny you access to all or part of the service without notice if you, or a third party acting on your behalf, engages in any conduct or activities that Jack Web Design in its sole discretion believes violates any of the terms and conditions in this agreement.
11. Jack Web Design shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification.
12. Jack Web Design reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
13. Jack Web Design accounts and addresses are the sole property of Jack Web Design and may not be resold under any circumstances. In the event that a Jack Web Design account is resold, you agree to pay Jack Web Design the amount collected for the resale of the account plus unspecified damages. Any accounts found to be "up for sale" will be terminated at Jack Web Design's discretion.
14. Jack Web Design makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available on best effort" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Jack Web Design or its agents or employees shall create a warranty.
15. Servers may be taken offline for periods of time for software upgrades, OS upgrades and patching, hardware diagnosing and hardware upgrades, deemed as needed. Jack Web Design will notify customers, when possible of such outages.
16. Jack Web Design provides no warranty that the service will be uninterrupted or error-free. We assume no liability, expressed or implied, for any downtime for any reason.
17. If you are dissatisfied with Jack Web Design or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. There are no refunds.
18. You assume total responsibility and risk for your use of Jack Web Design and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Jack Web Design.
19. Jack Web Design reserves the right to monitor any and all communications through or with our facilities. You agree that Jack Web Design is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
20. You agree that you as the person legally responsible for use of this account, are at least 18 years of age or have your parent's or legal guardian's permission before using our service.
21. You agree to adhere to these system policies as published online at along with any documents specifically linked with that document and mentioned as part of system policy, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Jack Web Design. You agree to abide by any and all future Jack Web Design decisions.
22. Your use of the service is solely at your risk. Jack Web Design is 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.
23. Jack Web Design will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited e-mail. In addition, because damages are often difficult to quantify, you agree to pay Jack Web Design liquidated damages of US$5.00 for each piece of spam or unsolicited e-mail transmitted from or otherwise conencted with your Jack Web Design account, or Jack Web Design's actual damages, whichever is greater, in addition to any fees previously mentioned in this agreement.
24. Except as otherwise provided in this agreement, you agree that we may revise the terms and conditions of this agreement and/or change part of the services provided under this agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised agreement or change to the services on Jack Web Design's web site, or upon notification to you by e-mail or postal mail. You agree to periodically review our web site, including the current version of this agreement available on our web site, to be aware of any such revisions.
25. This agreement supersedes any written, electronic, or oral communication you may have had with Jack Web Design or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
26. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
Jack Web Design considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings, who often bear the expense. Therefore, these practices are prohibited by Jack Web Design's terms and conditions of service. Engaging in one or more of these practices will result in termination of the offender's account and/or access to Jack Web Design services.
In addition, Jack Web Design reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
In addition to these activities, Jack Web Design's terms and conditions of service also prohibit other forms of abuse such as harassment and the posting of illegal or unlawful materials, and Jack Web Design will respond as appropriate to these other activities as well.
Nothing contained in this policy shall be construed to limit Jack Web Design's actions or remedies in any way with respect to any of the foregoing activities, and Jack Web Design reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Jack Web Design service, and levying cancellation charges to cover Jack Web Design's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Jack Web Design reserves at all times all rights and remedies available to it with respect to such activities at law or in equity. Jack Web Hosting (www.jackwebhosting.com), Photo Machine (www.photomachine.net) are the property of Jack Web Design (www.jackwebdesign.com).
If you have any questions regarding this Policy, please contact .