As a consumer, it is your responsibility to read it. To summarize: ACCOUNTS CAN BE REFUSED AND/OR DISCONTINUED AT Christian James, Inc.’s DISCRETION.
No IRCs, BNCs, Eggdrops, Unauthorized SHELL programs, Illegal or blatantly offensive material or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.
Spamming using other resources with links directed back to sites on our servers IS involving us in the spamming not unlike using our actual server and can be grounds for termination without recourse.
· Support Restrictions:
Christian James, Inc. will make every effort to support information for configuring popular network/web software to use internet services. However we can in no way specifically test every piece of software that could conceivably be utilized with our systems, only provide general system-related information. The offer of any particular service does not constitute an obligation on Christian James s part to tutor the necessary skills to utilize that service; only to provide system-specific information.
Accounts will be billed in advance for the month of service. If you sign up to receive service, we will bill you for the first and last month services in advance. After thirty days, we will bill you every 30 days until you choose to discontinue service. No refunds will be available for that month once an account is billed and payment processed. Accounts are invoiced 24 hours in advance of payment processing. You will be notified by e-mail to the address you signed up with for services of the success or failure of your payment. If billing fails and we are unable to process payment for over 72 hours we will suspend services without further notice. If we are still unable to collect payment 7 days past the payment due date, we reserve the right to terminate the account and all files on our servers without recourse.
· CANCELLATION POLICY:
We offer a 30 day money back guarantee for cause on all hosting and dedicated services plans. Cause is any demonstrated failure on our part to deliver services purchased. If you can provide us with a reason that we failed to provide the services you purchased from us, we will be more than happy to give you a refund. Secure server certificate and domain registration fee s ARE NOT REFUNDABLE. CANCELLATIONS MUST BE PROVIDED IN WRITING TO SALES (email@example.com) 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Again, Pro-rated refunds are not given so be sure that we know your intention to leave within 7 days of billing.
Christian James, Inc. accepts MasterCard and Visa, and Discover as payment options. We will not accept company or personal checks or wire transfers.
· Privacy Statement:
Christian James, Inc. follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. (See below.)
· Acceptable Use Policy (AUP)
Use of Christian James, Inc. Service constitutes acceptance and agreement to Christian James, Inc. AUP as well as Christian James, Inc. TOS (Terms of Service).
Christian James, Inc. reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of Christian James, Inc. Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Christian James, Inc. Inc. may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Christian James, Inc. account or other actions as detailed below, without notice, based upon the nature of the violation.
· Hosting only Customers:
Please remember, your domains are for YOUR use. They are not intended to be used for re-sale or promotional offerings.
This document is intended to provide a basic understanding of Christian James, Inc. Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Christian James, Inc. AUP. If a Christian James, Inc. account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. While we prefer to advise customers of inappropriate behavior and any necessary corrective action, we must reserve the right based upon the nature of the violation to take any and all corrective actions ourselves, including immediate termination of service.
· The following constitute violations of this AUP:
· Illegal Activities: Christian James, Inc. services may not be used for illegal purposes, or in support of illegal activities. Christian James, Inc. reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
· Harm or Endangerment to other people: You may not use a Christian James, Inc. service to harm, or attempt to harm, persons in any way, including, but not limited to child pornography, or use Christian James, Inc. service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
·Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
· Copyright or trademark infringement:
Use of the Christian James, Inc. service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Christian James, Inc. service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
· Network disruptions:
Use of the Christian James, Inc. service for any activity which affects the ability of other people or systems to use Christian James, Inc. Services or the Internet. This includes *denial of service* (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Christian James, Inc. will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Christian James, Inc., does not allow the hosting of IRC, IRC Bots, or eggdrops.
Unauthorized SHELL programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the Christian James, Inc. service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Christian James, Inc. or another entity s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Christian James, Inc. account is subject to immediate termination.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
· Network Security:
Christian James, Inc. accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
· Reporting Violations of Christian James, Inc. AUP
Christian James, Inc. requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at firstname.lastname@example.org if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation. Christian James, Inc. will charge a $200.00 site clean-up fee for any abuse of the terms listed above PLUS, ALL TIME AND RESOURCES TO TRACK AND TRACE ABUSE WILL BE BILLED BY CHRISTIAN JAMES, INC. AT $100.00 PER HOUR.
· Terms of Service (TOS)
All Terms and Conditions of this TOS (Terms of Service) our AUP (Acceptable Use Policy) and SLA may be modified at our sole discretion without prior warning. Changes to this TOS do not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of Christian James, Inc. Service constitutes acceptance and agreement to Christian James, Inc. Inc AUP (Acceptable Use Policy) as well as Christian James, Inc. TOS (Terms of Service). From herewith in this
TOS, AUP, and SLA, the usage of *us*, *we*, *our*, *ours* shall constitute reference to Christian James, Inc., the usage of *you*, *your*, *they*, *them* shall refer to client / customer of Christian James, Inc..
Acceptance of Contractual Agreement
1. Client agrees that by placing an order either by means of electronic ordering (web order form) and receipt of such order by Christian James, Inc., that you are agreeing to our TOS, AUP and SLA. No Modifications of said contract by customer are allowed.
2. Christian James, Inc. will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers, unless specified in contractual terms, will not be applicable to their individual service.
Establishment of this service is contingent upon receipt of payment from Customer to Christian James, Inc. Inc. Subsequent payments are due upon the anniversary date of the month for that month’s service. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
· Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 7 days past due and subject to immediate termination. Service interrupted for nonpayment is subject to the setup fee for that service for reconnection. Accounts that are not collectable by Christian James, Inc. will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a *Processing and Collection* Fee of not less than Fifty ($50.00) nor more than One Hundred Fifty ($150.00) U.S. dollars.
· Delinquent Accounts:
Christian James, Inc. may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
· Account Cancellation:
All CANCELLATIONS MUST BE PROVIDED IN WRITING TO SALES (email@example.com) 7 DAYS IN ADVANCE OF DISCONTINUATION OF SERVICES. Pro-rated refunds are not given so be sure that we know your intention to leave within 7 days of billing.
· Refunds and Disputes:
All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback s, are at Christian James, Inc. s discretion to determine which are valid, under the terms and conditions of our SLA, AUP, and TOS, and will result in service interruption, and reconnection fees to restore the desired service.
· Litigation and Legal Action
Christian James, Inc. is incorporated in the state of Minnesota and as such…regardless of the place of agreement, the client agrees that for purposes of venue and jurisdiction the understanding regarding services was entered into and performed in Wright County, MN, and any dispute will be litigated or arbitrated in Wright County, MN. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Wright County Courts.
· Christian James, Inc. – SLA
Hosting, Reseller and Dedicated services are defined as servers and server space that is rented to Clients. This service is to provide the clients with knowledge and overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any Support not included with your dedicated server, will be subject to a $100 an hour labor fee, billed in .25 hour increments during office hours between 9:00am – 5:00pm M-F (CST). Christian James, Inc. reserves the right to perform maintenance, security checks, or management without client initiating such request. Christian James, Inc. does not take responsibility for the overall security of servers.
Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem within the network as confirmed by Christian James, Inc.. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any Christian James, Inc. scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail and/or forum post.
Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks and exploits.
Replacement is defined as returning the server to original configuration when it was purchased. If hardware failure causes corrupted Operating System, Data Files, or Configuration of server, Christian James, Inc. will restore the system to original state.
If the server is compromised and a NEW OS and/or Cpanel re-install must be performed for security reasons, Christian James, Inc. will charge a $100 fee to restore the system.
Christian James, Inc. is not responsible for the restoration of data to server. We strongly recommend that you purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occurs, you, the client, are responsible for data restoration. Christian James, Inc. shall not be liable for loss of data under any circumstance
By purchasing the HostPayGo / PayGoCart Service, you agree to the terms and conditions specified here within.
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