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Terms of Service (TOS)
CJSHost Internet Services ("CJSHost") agrees to provide you ("User")
with those services ("Service") set forth on the Application subject
to User's compliance with the terms and conditions below. PLEASE READ THIS
AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND
BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTYS
EXPRESSED OR IMPLIED.
CJSHost exercises no control whatsoever over the
content of the information passing through the CJSHost
system. Use of any information obtained via CJSHost
is at User's risk. Neither CJSHost nor any of its
affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error
free; nor does CJSHost make any warranty as to the
results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING
FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY CJSHOST,
ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES
SHALL CREATE A WARRANTY. NEITHER CJSHOST NOR ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE
OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS,
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CJSHOST, ITS AFFILIATES, ITS LICENSERS, ITS
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY
FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR
ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR
MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR
USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY
OTHER CAUSE OF ACTION. IN THE EVENT CJSHOST IS FOUND LIABLE UNDER ANY
CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, CJSHOST'S LIABILITY SHALL BE
LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT
PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules,
policies, guidelines or practices of CJSHost in
operating the Service, User's sole and exclusive remedy is to discontinue using
the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User agrees to
indemnify and hold CJSHost, its affiliates, its
licensers, its contractors or their respective employees harmless against any
and all liability, loss, claim, judgment, damage and expense including without
limitation attorney's fees and cost of litigation) incurred or suffered by CJSHost, its licensers, its affiliates, its contractors, or
their respective employees as the result of any and all use of User's account
whether authorized or not authorized or as a result of the negligence, willful
misconduct, or breach of any of the terms of this Agreement by User, including
but not limited to claims, liabilities, losses, damage, judgment and expense
which arise out of alleged injury or death of any person or damage to property
of every kind and description. User shall promptly notify CJSHost
in writing of any claim of which it is obligated under this indemnity. User
shall have the right to assume the defense of any such claim. User and CJSHost shall confer as to and agree on the legal
counsel(s) to be selected in any such defense.
Age Limit
User represents to CJSHost that he or she is 18 years
of age or older. User understands that certain materials available from Service
provided under the terms of this Agreement may not be suitable for individuals
under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials, some of which
are sexually explicit or may be offensive. User accesses such materials at his
or her own risk. CJSHost has no control over and
accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
·
restrict
or inhibit any other user from using and enjoying the Internet;
·
post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene,
pornographic, profane, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national or international law, including
without limitation the U.S. export control laws and regulations;
·
post
on webspace provided any sexually explicit materials
or materials that may be offensive.
·
post
or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or
other harmful component;
·
post, publish,
transmit, reproduce, distribute or in any way exploit any information, software
or other material obtained through the Service for commercial purposes (other
than as expressly permitted by the provider of such information, software or
other material);
·
upload, post,
publish, transmit, reproduce, or distribute in any way, information, software
or other material obtained through the Service which is protected by copyright,
or other proprietary right, or derivative works with respect thereto, without
obtaining permission of the copyright owner or rightholder;
·
upload,
post, publish, transmit, reproduce, transmit or distribute in any way any
component of the Service itself or derivative works with respect thereto;
·
send
unsolicited advertising or promotional materials to other network users (See
section titled "MESSAGING");
·
allow
users to run Maillist, Listserv or any form of
auto-responds from User's account;
·
run or
activate processes while User is not logged in;
·
violate the
security of any computer network, crack passwords or security encryption codes,
transfer or store illegal material including that deemed threatening or
obscene, or engage in any kind or illegal activity;
·
attempt to
defeat any idle timer or system tool intended to enforce the part-time and
personal nature of User's connection, including the use of pingbots
and other methods of avoiding timing disconnection (See section titled
"LIMITATIONS OF DIAL-UP SERVICES"); or
· violate any of the rules, regulations
and policies of those networks and computer systems accessed via User's
account.
CJSHost
has no obligation to monitor the Service. However, User agrees that CJSHost has the right to monitor the Service electronically
from time to time and to disclose any information as may be necessary to
satisfy any law, regulation or other governmental request, to operate the
Service properly, or to protect itself or its subscribers. CJSHost
will not intentionally monitor or disclose any private E-mail message unless
required by law. CJSHost reserves the right to refuse
to post or to remove any information or materials, in whole or in part, that,
in its sole and absolute discretion, are unacceptable, undesirable, or in
violation of this Agreement. CJSHost reserves the
right to suspend access to the Service for User's account. The account's
suspension may be rescinded within the sole and absolute discretion of CJSHost following payment of a reconnection charge, to be
determined by CJSHost in its sole and absolute
discretion.
Messaging
User agrees to limit their use of the CJSHost
service, specifically regarding the use of CJSHost's
electronic (email) services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located throughout
the Internet for the purposes of relaying or distributing messages is
prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the
return address, originator's address, or any other identifiable aspect of the
message has been purposefully altered, is prohibited.
User may not purposefully misrepresent the origination information of any email
messages sent while using the CJSHost service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent
materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF
SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS
DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL
RESULT IN THE IMMEDIATE PENALTY OF $200. CJSHOST RESERVES THE RIGHT TO CHARGE
USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF CJSHOST SERVICES, A
ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS
FOR THEIR CJSHOST SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, CJSHOST
RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF
$200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE
TERMINATION OF CJSHOST SERVICES FOR VIOLATION OF ANY OF THESE TERMS.
Limitation of Dial-Up Services
Although CJSHost advertises "Unlimited
Access" in regards to some of it's Dial-Up
services, there are several limitations applied. The sole purpose of these
limitations are intended to limit the amount of unnecessary use of CJSHost services by any such User, which restricts overall CJSHost system availability for other such Users. These
limitations apply only to Dial-Up access services offered by CJSHost.
Idle Timeout
User agrees to have their online session automatically terminated after ten
(10) minutes of consecutive inactivity. Inactivity is defined as less than 500
bytes of data transferred between User's modem and the CJSHost
service.
Maximum Single Session
User agrees to have an online session automatically terminated after eight (8)
hours of consecutive time, regardless of data transferred during such specific
online session.
Minimum Re-Connect Limit
User understands they cannot log back onto the CJSHost
system for a time period of one (1) minute following the termination of their
previous online session, regardless of the reason for the previous session's
termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online session for each
PPP/ISDN account purchased.
Terms of Payment
A credit card User agrees to allow "CJSHost" to bill his or her card on each successive
billing date without obtaining User's permission after the initial charge. A
credit card User shall notify CJSHost of any changes
in credit card number or expiration date. If the card is not honored for any
reason, CJSHost will attempt to notify the card
holder by using the telephone information given at sign-up or by E-mail. CJSHost will call the card holder, and if alternative
billing has not been established, the account will be terminated. Restoring the
account will be subject to a setup fee of $10.00.
If payment is by check, payment due dates are indicated on User's invoice.
Dishonored checks are subject to a collection fee to be determined by CJSHost in its sole and absolute discretion and User's
account may be suspended until the account is current. If payment is not received , service will be terminated and a setup fee of
$10.00 will be added to charges for additional Service.
CJSHost maintains the right to terminate Service for
any unpaid subscriptions. Accounts in default are subject to an interest charge
of 2.5% per month on the outstanding balance. Termination of Service shall not
relieve User from the obligation to satisfy outstanding invoices. In the event CJSHost utilizes an attorney to collect any unpaid amounts,
User shall be responsible for the payment of all of CJSHost's
attorneys' fees and costs in the collection of these sums.
CJSHost reserves the right to change prices at any
time without prior notice to it's customers or the
public. Price changes will not be retroactive for existing customers,
regardless of the length of their existing service subscription.
Right to Cancel
CJSHost reserves the right to cancel Service for any
reason without prior notice. Pre-paid service is non-refundable. CJSHost will not refund any shipping or handling fees.
Cancellations after the first of the month will be charged for that month.
User must notify CJSHost via telephone or in writing
to cancel Service. Cancellations shall not be honored by electronic mail. Fees
for any setup, shipping and handling, and monthly service charges placed by CJSHost are non-refundable.
No Confidentiality
Information transmitted through CJSHost and through
the Internet in general is not confidential. CJSHost
can not and shall not guarantee privacy or protection of any User. CJSHost reserves the right to monitor any User's
transmissions when deemed necessary for providing proper service and/or to
protect the rights and property of CJSHost.
Customer Information
Unless required by court order, subpoena or other legal request, or upon the
advice of counsel, "CJSHost" may publish
User's name and other consumer information in one or more directories which may
be accessed by other Internet users. In addition, unless User notifies "CJSHost" to the contrary as provided above, "CJSHost" may make such information available to third
parties from time to time. User understands further that merchants on the
Internet may have access to such information and may make it available to third
parties in accordance with their normal practices unless User notifies those
merchants directly that User does not wish such information to be made
available.
Non-transferable
The right to use the Service is not transferable.
Accounts are for User's use only. User shall be responsible for the
confidentiality of User's password. Loaning User's account to others,
connecting a system used by multiple persons, group use of user log-ins, and
consuming more than one modem line are explicitly prohibited. If User has
multiple accounts, then User shall be limited to one log-in session per system
account at any time. Violation of those terms shall constitute theft of Service
and may be prosecuted under civil and criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the
merchant or information or service provider from whom User is making the
purchase to supply certain information, including credit card or other payment
mechanism information. User agrees that all information User may provide any
merchant or information or service provider on the Service for purposes of
making purchases shall be accurate, complete and current. The merchants and
information and service providers offering merchandise, information and
services on the Service set their own prices and may change prices or institute
new prices at any time. User agrees to pay all charges incurred by users of User's
account and credit card or other payment mechanism at the prices in effect when
such charges are incurred. User shall also be responsible for paying any
applicable taxes relating to purchases on the Service.
No System Backup
CJSHost does not and will not perform system backups
on any User's E-mail account(s). CJSHost shall not be
held responsible for any lost E-mail data, email attachments, or any E-mail
message contents, regardless of the reasoning for data loss or system causes.
Except as otherwise set forth herein, CJSHost will
not provide historical data, to any party for any reason, regarding any system
or Internet activity.
CJSHost does not and will not perform system backups
on any User's personal web site account(s). CJSHost
shall not be held responsible for any lost web data, web files, or any web site
contents, regardless of the reasoning for data loss or system causes. Except as
otherwise set forth herein, CJSHost will not provide
historical data, to any party for any reason, regarding any system or Internet
activity.
Failure to Comply With Terms and Conditions
CJSHost may deny User access to all or part of the
Service without notice if User engages in any conduct or activities that CJSHost in its sole discretion believes violates any of the
terms and conditions in this Agreement. If CJSHost
denies User access to the Service because of such a violation, User shall have
not right (1) to access through CJSHost any materials
stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and
such credit(s) shall be forfeited, (3) to access third party services,
merchandise or information on the Internet through CJSHost,
and CJSHost shall have no responsibility to notify
any third-party providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of notification.
Miscellaneous
User agrees to remain signed into the network only when actually making use of
same, and to disconnect when idle for significant periods of time (more than 10
minutes). User also agrees to not remain connected to CJSHost's
system for periods exceeding (8) eight hours, in any single continuous session.
User authorizes CJSHost to enforce these restrictions
by appropriate software and network measures, automated and manual.
User agrees to notify CJSHost if User moves or
otherwise changes his or her mailing address or phone number, and to list a
truthful name, postal address and telephone number on the forms User supplies
to CJSHost.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with applicable law
as nearly as possible to reflect the original intentions of the parties and the
remainder of the provisions shall remain in full force and effect.
CJSHost's failure to insist upon or enforce strict
performance of any provisions of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between parties
nor trade practice shall act to modify any provision of this Agreement.
CJSHost may modify this Agreement from time to time
by placing a notice of such modification on our website, and User's continued
use of the Service following notice of such modification shall be deemed to be User's
acceptance of any such modification. It is User's responsibility to check this
online area regularly to determine whether this Agreement has been modified. If
User does not agree to any modification of this Agreement, User must
immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws
of the State of
CJSHost shall not be liable or deemed to be in
default for any delay or failure in performance under this Agreement or
interruption of service resulting directly or indirectly from acts of God,
civil or military authority, acts of public enemy, war, riots, civil
disturbances, insurrections, accidents, dire, explosions, earthquakes, floods,
the elements, strikes, labor disputes, shortages of suitable parts, materials,
labor or transportation or any cause beyond the reasonable control of CJSHost.
Venue for litigation of any dispute, controversy, or claim arising out of, in
connection with, or in relation to this Agreement, or the breach thereof,
naming CJSHost as the defendant, shall be proper only
in a venue determined by CJSHost.
In any action between CJSHost and User to enforce any
of the terms of this Agreement, CJSHost shall be
entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and CJSHost with respect to the Service.
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