Web Hosting Terms and Conditions

Our Terms.

By placing an order with JCR Computers, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions
The Client : The company or individual requesting the services of JCR Computers.
JCR Computers: Primary designer/site owner & employees or affiliates.

General
JCR Computers will carry out work only where an agreement is provided either by email, mail or fax. An ‘order’ is deemed to be a written contract between JCR Computers and the client, this includes email agreements.

Hosting setup
It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

• Payment is not cleared or received in full
• We believe the order, information or payment is fraudulent
• You have any funds outstanding with relation to any other account
• The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy
• There is any other reason which we deem satisfactory

We may send notification of hosting activation however:

• Your contact details must be correct and up to date
• This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional

You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

Loss of service
We will endeavour to maintain network stability and satisfactory service levels, however:

• We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory
• We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by JCR Computers, our suppliers or any third party
• We may, at our discretion provide notification of outages whether planned or unplanned
• You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party
• Up time can never be 100%, guaranteed however if your account drops below 99.9% up-time over a 1 month period we will grant 1 month or part thereof free hosting depending on the following downtime percentage table

Payment
If any payment due from you to us is not received by the due date, we gives a 7 day grace period, after this date your account will be suspended until payment or a payment arrangement has been approved and received. Any accounts not paid 14 days after being suspended will be removed and all data deleted.
We  charge a 5% late fee per month & a $15 reconnection fee after suspension is put in place.

Suspension and cancellation
We reserve the right to suspend/cancel any/all service, including all domain names if:

• You have any outstanding invoice or account
• Your account is in dispute or dispute resolutions procedure, court order, judgment, findings or determination
• You fail to comply with any provision in this agreement or those referenced in this agreement
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights
• We deem your use of our services may jeopardize the operation of the service, JCR Computers or our suppliers
• We deem any other reason as satisfactory to protect JCR Computers, our staff and/or our suppliers
• Once again if suspension does take place we do not charge reconnection or suspension fees, However we will not activate the account again until payment or a payment arrangement has been approved and received.
• Bandwidth and extra services which are limited on some plans are not charged at an extra cost, you may request to have more bandwidth implemented by our support team, this may or may not come at a charge and is at the discretion of the JCR Computers staff member.

Acceptable use policy
It is your responsibility at all times to:

• Use our products and services in a manner which does not violate any applicable laws or regulations
• Respect the conventions of the newsgroups, lists and networks that you use
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
• Respect the privacy of others
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
• Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
• Ensure your use of our services remains ethical and in accordance with accepted community standards

You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.
It is not acceptable to use our service(s) to:

• Violate copyright or other intellectual property rights;
• Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
• Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language
• Misrepresent or defame others
• Commit fraud
• Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
• Damage, modify or destroy the files, data, passwords, devices or resources of JCR Computers, other users or third parties
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law
• Make an unauthorised transmission of confidential information or material protected by trade secrets
• “Spam” or engage in “spamming” activities
• Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
• Post or transmit defamatory, harassing, abusive or threatening language
• Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitating a violation of this Acceptable Use Policy
• Perform any other action through utilization of any service which we deem unsatisfactory
• Attempt to do any of the above

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
Any breach of our (AUP) Acceptable Use Policy can result in immediate termination of services and loss of all data held on provided services. You release us, our staff and our suppliers of any liability resulting in such instances.

Liability and indemnity
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee’s asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
You agree to defend, indemnify, and hold us harmless against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with JCR Computers
• Any material supplied by the customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party
• Any breach of any representation or warranty provided herein
• Any negligence or wilful misconduct by you
• Any allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets
• Any defective products sold to customers from our server

By accessing any service hosted on our network you understand, agree and are bound to this indemnification and any other indemnification mentioned in our service agreement and agreements referenced to therein.
Should we be notified of pending legal action or intention to seek legal advice, we may seek written confirmation from you concerning your obligation to indemnify JCR Computers. Failure to provide such confirmation may be considered a breach of this agreement.
We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by JCR Computers, our employees or our suppliers.
Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.

Back-Up Files:
JCR Computers provides the tools needed to create back-ups of account data. JCR Computers also backs up its servers and retains a copy for 14 days for disaster recovery purposes only. It is the responsibility of the customer to keep up-to-date archives of their backed up data. JCR Computers does not provide or keep records or copies of our client’s web site files for customer use and is not responsible for any loss of data. We can however restore one of the backup archives for a $55 dollar fee.

Refund Policy:
Refunds are provided at the sole discretion of the company management. All setup fees, domain registration, SSL Certificates and Dedicated IP’s are not refundable. If a cancellation request is received for a Service which has been pre-paid, then a credit will be issued to your Account once the Service has been cancelled. We require a minimum of 30 days’ written notice for all cancellation requests.

Account Activation
By activating your account with JCR Computers, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.