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Terms of Service
Justin Hanbury follows the strict
guidelines of the terms of service policies. Please make sure you understand
the following policies fully.
Justin Hanbury provides internet wide website hosting. Justin Hanbury has
certain legal and ethical responsibilities consisting with the use of the server
and equipment involved in these services.
Justin Hanbury's general policy is to act as a provider of internet presence.
Justin Hanbury has specific ethical concerns regarding the use of his computers
detailed below. Justin Hanbury reserves the right to suspend or cancel a
client's access to any or all services provided by Justin Hanbury when it is
decide that the account has been inappropriately used.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of
Justin Hanbury is strictly prohibited.
Unauthorized use of other people's accounts or computers. Justin Hanbury will
strongly react to any use or attempted use of an Internet account or computer
without the owner's authorization. Such attempts include "Internet
scamming" (tricking other people into releasing their passwords), password
robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a client of Justin Hanbury,
whether or not the attacked account or computer belongs to Justin Hanbury, will
result in action against the attacker. Possible actions include warnings,
account suspension or cancellation, and civil or criminal legal action,
depending on the seriousness of the attack.
IMPORTANT NOTE - Justin Hanbury has the right to discontinue service, or deny
access to anyone who violates these Policies or the terms and conditions shown
below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if
account termination is due to violation of the terms outlined below. Clients
may not run IRC, bots or clients. Unacceptable uses also include, but are NOT
limited to: Bulk emailing, unsolicited emailing, newsgroup spamming,
pornographic content, illegal content, copyright infringement, trademark
infringement, illegal MP3's, warez, cracks, software serial numbers, and/or anything else
determined by Justin Hanbury to be unacceptable use of Justin Hanbury's services
including abuse of server resources.
Accounts may be terminated that include the following content or which have
links to the following content:
Providing material that is grossly offensive to the Web community including
blatant expressions of bigotry, racism, hatred, or profanity. Promoting or
providing instructional information about illegal activities, or promoting
physical harm or injury against any group or individual. Displaying material
containing obscene nudity or pornographic material. Displaying material that
exploits children under 18 years of age. Acts of copyright infringement including
offering pirated computer programs or links to such programs, information used
to circumvent manufacturer-installed copy-protect devices, including serial or
registration numbers for software programs, or any type of cracker utilities
MP3's
Any MP3 that is not copyright by you, is NOT allowed on the servers.
However, if the MP3 does not have a copyright, or if it is only available
for free via the internet (not SOLD in stores or on the internet) then it is
allowed on the servers. If you are found with MP3's, you will be suspended, and
if you do not delete them, terminated.
Abuse of Traffic and Bandwidth:
Justin Hanbury's clients are privileged to be offered a lot of traffic for
their web sites. The intention of Justin Hanbury is to provide a large space to
serve web documents, not an off site storage area for electronic files. All
(90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.)
stored on Justin Hanbury's server. Web sites that are found to contain either/or
no html documents, a large number of unlinked files are subject to warning,
suspension or cancellation at the discretion of Justin Hanbury. Any
client who violates Justin Hanbury's Policies in abusing either space/site
transfer will be notified and given 2 days to remedy the problem. If the problem
is not resolved within the allotted period, the client will be billed for the
overages.
Unsolicited Email (Spam):
Unsolicited commercial advertisements are not allowed in e-mail, and will likely
result in account suspension or cancellation. Commercial advertisements are
unwelcome in most Usenet discussion groups and on most e-mail mailing lists.
Inappropriate posting may result in account suspension or cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed or not.
"Spamming," or sending a message to many different off-topic
newsgroups, is particularly unethical and will be treated as such. Sending a
message, especially an advertisement, to more than five or six recipients, is by
itself spamming unless the individuals have specifically requested to be added
to a mailing list on that topic. E-mail is a person-to-person medium, not a
broadcast medium. Upon your first Spam offense your mail will be disabled for 72
hours. Upon your second Spam offense your entire domain will be disabled for 72
hours. Upon your third offense your account with Justin Hanbury will be
terminated. No refunds will be given if your account is terminated for Spam.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you
wish, however I reserve the right to disable any CGI script that effects normal
server operation without prior warning.
Abuse of SMTP Mail Server:
I do not allow clients to send more than 2000 pieces of e-mail per day. If you
do send more than 2000 pieces of e-mail per day, your account will be placed on
hold for Network Abuse.
Background Running Programs:
I may allow programs to run continually in the background. These are considered
on a one-to-one basis and an extra charge will be incurred based on system
resources used and operational maintenance needed.
IRC:
I currently do not allow IRC or IRC bots to be operated on our servers.
Backups:
I strongly recommend having a COMPLETE backup of your site/data on your computer
at all times. I am not responsible for lost data on my servers.
Payment Policies:
All accounts are set up on a month-to-month basis. All pricing is guaranteed for
the term of monthly payments. Justin Hanbury reserves the right to change prices
at any time, unless other terms have been agreed upon. Any account not brought
current within a week (7 days) of e-mail notice or exceeding this time frame in
any way is subject to suspension. The client is responsible for all money owed
on the account from the time it was established to the time that the client
notifies Justin Hanbury by email (hanburyju@digitalageweb.net) requesting termination
of services. All payment is in U.S. currency. Justin Hanbury will bill each
client $25 per returned check and $25 per wire transfer received.
Cancellation:
Justin Hanbury reserves the right to cancel service at any time. All fees paid
in advance of cancellation will be pro-rated and paid by Justin Hanbury if
Justin Hanbury institutes this right of cancellation. Any violation of policies
which results in extra costs will be billed to the customer (i.e. transfer,
space etc.)
All of Justin Hanbury's web hosting plans are backed by a 30 day money back
guarantee. If you are not completely satisfied with my services or support
within the first 30 days of service, you will be given a full refund of the
service amount. For web hosting services of 1 months or less, the full contract
amount less any overages will be refunded if Justin Hanbury is notified within
the first 30 days following activation. No refund is available after the 30th
day. This policy does not apply to any additional services such as overages,
referrer logs, real audio/video, additional disk space, additional IP's,
additional pop accounts, etc.
Cancellation of service must be done as the following:
Send an email to hanburyju@digitalageweb.net with your
domain name, username, password, and a full statement allowing cancellation of
service.
Your files WILL BE DELETED when I receive this email. Phone or email requests
will not constitute acceptance of any cancellation and a refund will NOT be
given if cancellation is not properly requested. Refunds will be made by
check or issued back to your credit card within 30 days of receipt of
cancellation, if a refund is due.
Lawful Purpose:
Justin Hanbury reserves the right to refuse service to anyone. Customers may
only use Justin Hanbury's server for lawful purpose. Transmission of any material
in violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally judged to
be threatening or obscene, and material protected by trade secrets. The
designation of any materials as such described above is left entirely to the
discretion of Justin Hanbury. Regardless of the place of signing this
agreement, the client agrees that for purposes of venue this contract was entered into in
Traverse City, MI, and any dispute will be litigated or arbitrated in Traverse City, MI,
The parties waive any objection based on inconvenient forum in the
context any manner of dispute resolution commenced within the Grand Traverse County.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD JUSTIN HANBURY
HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS,
INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST JUSTIN HANBURY, HIS
CUSTOMERS, AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM
ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD
BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND,
INDEMNIFY AND HOLD HARMLESS JUSTIN HANBURY AGAINST LIABILITIES
ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD
OR OTHERWISE DISTRIBUTED IN CONNECTION WITH JUSTIN HANBURY's
SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING
ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4)
ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM JUSTIN HANBURY's
SERVER.
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