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Terms of Service
This Terms of Service (TOS) Notice specifies certain actions prohibited by
Jan Technologies Hosting for users of the Jan Technologies Hosting Network.
Jan Technologies Hosting reserves the right to modify this Policy at any
time to stay in compliance with any laws, regulations and security
requirements. By using Jan Technologies services, any customer, employee or
third party unconditionally accepts the terms of this policy.
Please, check this page at least once
a month or when in doubt.
Jan Technologies
strives to provide the best possible service to all our customers, but we
will not tolerate any unlawful activity or abuse on our servers. We respect
freedom of speech and expression unless it is harmful to others. These brief
guidelines are imposed to protect you, other
Jan Technologies
customers and us against such harm.
Illegal Use
The Jan Technologies Hosting Network may be used only for lawful purposes.
Transmission, distribution or storage of any material in violation of any
applicable law or regulation coming to or from any unauthorized network or
system is prohibited. This includes, without limitation, material protected
by copyright, trademark, trade secret or other intellectual property rights
used without proper authorization; government and military data protected by
law and national security; university and academic data protected by public
policy; sales of drug paraphernalia, adult material, and material that is
obscene, vulgar, defamatory, constitutes an illegal threat, or violates
export control laws. Any violation of the above which compromises the
integrity of the Jan Technologies Network or any other network is strictly
prohibited.
Indemnification Policy
You agree to use all Jan Technologies services
and facilities at your own risk.
Jan Technologies specifically disclaims all
warranties of merchantability and fitness for a particular purpose. In no
event shall
Jan Technologies be liable for any loss, or loss of data, or other
commercial damage, including but not limited to special, incidental,
consequential or other damages. Customer agrees that it shall defend,
indemnify, save and hold
Jan Technologies
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable Lawyer's/Attorney’s fees
asserted against
Jan Technologies, its agents, its customers, officers 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
Jan Technologies against liabilities arising out of:
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Any injury to person or
property caused by any products sold or otherwise distributed in
connection with Jan Technologies’s server.
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Any material supplied by
customer infringing or allegedly infringing on the proprietary rights of a
third party
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Copyright infringement
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any defective products
sold to customer from Jan
Technologies's server.
Service Rates:
Subscriber acknowledges that the nature of the service furnished and the
initial rates and charges have been communicated to Subscriber. Subscriber
is aware that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals including but
not limited to rates charged to company by its suppliers.
Content Policy
All services provided by Jan Technologies may
be used for lawful purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any United States Federal,
State or City law is prohibited. This includes, but is not limited to:
copyrighted material, trademark, intellectual property, material we judge to
be threatening or obscene, or material protected by trade secret and other
statute without proper authorization. The subscriber agrees to indemnify and
hold harmless Jan Technologies from any claims resulting from the use of the
service which damages the subscriber or any other party.
Pornography and sex-related merchandising is
prohibited on all Jan Technologies servers. This includes sites that
may infer sexual content, or links to adult content elsewhere. Jan
Technologies will be the sole arbiter in determining violations of this
provision.
Illegal use: Jan Technologies's services may not be used for
illegal purposes, or in support of illegal activities. Jan Technologies
reserves the right to cooperate with legal authorities and/or injured third
parties in the investigation of any suspected crime or civil wrongdoing.
Harm to minors: Use of the Jan Technologies service to harm, or
attempt to harm, minors in any way, including, but not limited to child
pornography.
Threats: Use of the Jan Technologies service to transmit any
material (by e-mail, uploading, posting or otherwise) that threatens or
encourages bodily harm or destruction of property.
Harassment: Use of the Jan Technologies service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
Fraudulent activity: Use of Jan Technologies service to make
fraudulent offers to sell or buy products, items, or services, or to advance
any type of financial scam such as "pyramid schemes," "ponzi schemes," and
"chain letters."
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 re-mailers
or nicknames does not constitute impersonation.
Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM)
Use of the Jan Technologies service to transmit any unsolicited commercial
or unsolicited bulk e-mail is expressly prohibited. Violations of this type
will result in the immediate termination of the offending Jan Technologies
account.
Copyright or trademark infringement: Use of the Jan
Technologies 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.
Collection of personal data: Use of the Jan Technologies
service to collect, or attempt to collect, personal information about third
parties without their knowledge or consent.
Network disruptions and unfriendly activity: Use of the Jan
Technologies service for any activity which affects the ability of other
people or systems to use Jan Technologies 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. It is the Member's responsibility to
ensure that their network is configured in a secure manner. A Subscriber may
not, through action or inaction, allow others to use their network for
illegal or inappropriate actions. A Subscriber may not permit their network,
through action or inaction, to be configured in such a way that gives a
third party the capability to use their network in an illegal or
inappropriate manner. Unauthorized entry and/or use of another company
and/or individual's computer system will result in immediate account
termination. Jan Technologies 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.
Fraud: Involves a knowing misrepresentation or misleading
statement, writing or activity made with the intent that the person
receiving it will act upon it.
Infringement of Copyright, Patent, Trademark, Trade Secret, or
Intellectual Property Right: Distribution and/or posting of copyrighted or
the aforementioned infringements will not be tolerated.
Distribution of Viruses: Intentional distributions of software that attempts
to and/or causes damage, harassment, or annoyance to persons, data, and/or
computer systems are prohibited. Such an offense will result in the
immediate termination of the offending account.
Inappropriate Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging, while using Jan
Technologies services could result in suspension service.
Third Party Accountability: Jan Technologies subscribers will
be held responsible and accountable for any activity by third parties, using
their account, that violates guidelines created within the Acceptable Use
Policy.
Violation Of Jan Technologies Virtual Accounts: It is
absolutely forbidden to host pornographic content or IRC servers on Virtual
Server Accounts. Virtual Server Accounts found hosting this material will be
subject to immediate cancellation without refund.
IRC networks: It is absolutely forbidden to host an IRC server
that is part of or connected to another IRC network or server. Servers found
to be connecting to or part of these networks will be immediately removed
from our network without notice. The server will not be reconnected to the
network until such time that you agree to completely remove any and all
traces of the irc server, and agree to let us have access to your server to
confirm that the content has been completely removed. Any server guilty of a
second violation will result in immediate account termination.
Security
Also prohibited are sites that promote any
illegal activity or present content that may be damaging to Jan Technologies
servers or any other server on the internet. Links to such materials are
also prohibited.
Examples of unacceptable content or links:
Jan Technologies does not host sites of its
competitors or web pages promoting sites of its competitors. Any illegal
activity, including adult content, links to adult content web sites,
spamming or hacking will result in your site being shut down and all your
files deleted without warning. Jan Technologies will be the sole arbiter as
to what constitutes a violation of this provision.
Jan Technologies shall be the sole judge of
what violates this Policy.
CGI Scripts Policy
Each account comes with its own cgi-bin. You
are free to use any CGI scripts you wish, however we reserve the right to
disable any CGI script that effects normal server operation or service to
other Jan Technologies customers. You will be notified in 24 hours about
offending cgi script. No chat room or similar scripts allowed. Jan
Technologies is not responsible for scripts that you use in your hosting. It
is not our responsibility to ensure your scripts function. Please don't
expect our support techs to troubleshoot aspects of your scripts or third
party scripts that you use on your sites hosted on our servers.
Support Boundaries
Jan Technologies
provides 24 x 7 technical support to our subscribers We limit our technical
support to our area of expertise. The following is our guidelines when
providing support: Jan Technologies provides
support related to your services or virtual site physical functioning.
Jan Technologies does not offer tech support for
application specific issues such as cgi programming, html or any other such
issue. Jan Technologies does not provide technical
support for YOUR customers.
Chat Policy
Jan Technologies does not allow chat rooms.
You can however use the chat room software that comes pre-installed in your
Cpanel.
Network
IP Address Ownership: If Jan Technologies assigns Customer an
Internet Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to Jan Technologies, and Customer shall
have no right to use that Internet Protocol address except as permitted by
Jan Technologies in its sole discretion in connection with the Services,
during the term of this Agreement. Jan Technologies shall maintain and
control ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by Jan Technologies, and Jan Technologies reserves the
right to change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion.
IP Address Usage: Any customer caught using an IP address that
has not been assigned to them agrees to pay a $25 fee. The domain caught
using the offending IP address can be disabled or deleted at the discretion
of Jan Technologies.
Bandwidth and Disk Usage: Customer agrees that bandwidth and
disk usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed Usage"). Jan
Technologies will monitor Customer's bandwidth and disk usage. Jan
Technologies shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may
include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this Agreement,
which actions may be taken is in Jan Technologies sole and absolute
discretion. If Jan Technologies takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid in
advance prior to such action. In the event that a customer exceeds the
included allocation, Jan Technologies may, at its sole discretion, collect a
deposit, in an amount determined by Jan Technologies, against customer's
credit card on file with Jan Technologies.
System and Network Security: Users are prohibited from
violating or attempting to violate the security of the Jan Technologies
Network. Violations of system or network security may result in civil or
criminal liability. Jan Technologies will investigate occurrences, which may
involve such violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations. These
violations include, without limitation:
- Accessing data not intended for such User or logging into a server or
account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper
authorization.
- Attempting to interfere with service to any user, host or network,
including, without limitation, via means of overloading, "flooding", "mail
bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not
entitled
Resource
Use
CPU & Memory:
All accounts are monitored for their use of server resources.
If any account is using a high amount of server resources we will contact
the customer to discuss the issue with them. In serious cases where an
account is using a considerably large amount of system resources (memory,
CPU etc.) the account may be suspended or script disabled without notice to
maintain the smooth running of the server.
Data transfer and webspace allocations
: Customers can request a package upgrade at the costs
available to view on our website at
http://www.JanTechnologies.com. It is the sole
responsibility of the customer to contact us in advance of
upgrading to prevent account suspension. In some
cases, accounts are automatically suspended when their resource limits have
been reached and manual unsuspension is required by us
System and Network Security
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Jan Technologies Hosting will investigate
incidents involving such violations and may involve and cooperate with law
enforcement authorities if a criminal violation is suspected. Examples of
unlawful acts, system, or network security violations include, without
limitation, the following:
Unauthorized access to or use of data, systems or networks, including any
attempt to probe, damage, scan or test the vulnerability of a system or
network or to breach security or authentication measures without express
authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system
without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without
limitation, mail bombing, flooding, deliberate attempts to overload a
system and broadcast attacks.
Unauthorized access to any data, system, or network from an unauthorized
system or network for any purpose which is not lawful or which is intended
to do harm.
Forging of any TCP-IP packet header or any part of the header information
in an email or a newsgroup posting. Electronic forging of any kind to
include but not limited to IP addresses, domains, business names, etc.
Spam Policy
BEGINNING IMMEDIATELY, anyone hosting websites
or services on their server that support spammers or cause any of our IP
space to be listed in any of the various Spam Databases will have their
services immediately disabled. The services will not be enabled until such
time that you agree to remove ANY and ALL traces of the offending material
immediately upon reconnection and agree to allow us access to the account to
confirm that all material has been COMPLETELY removed. Severe violations may
result in immediate and permanent removal of the account from our network
without notice to the customer. Any account guilty of a second violation
WILL be immediately and permanently removed from our network without notice.
Jan Technologies is committed to a
zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam,
or any unsolicited commercial email, from being sent either: Over the Jan Technologies network, by customers or any
other users of the Jan Technologies
network (including customers' customers); AND/OR over ANY network— if the
message sent advertises or mentions a site hosted on the Jan Technologies server.
E-mail / News Bombing: Malicious intent to impede another
person's use of electronic mail services or news will result in the
immediate termination of the offending
Jan Technologies account.
E-mail / Message Forging: Forging any message header, in part
or whole, of any electronic transmission, originating or passing through the Jan Technologies service is in
violation of this TOS.
Usenet SPAMMING: Jan Technologies has a zero tolerance policy
for the use of its network for the posting of messages or commercial
advertisements, which violate the rules, regulations, FAQ or charter of any
newsgroups or mailing list. Commercial messages that are appropriate under
the rules of a newsgroup or mailing list or that are solicited by the
recipients are permitted.
We react very quickly and seriously to violations, and we further reserve
the right to terminate the services, without prior notice, of any customer
disregarding this policy. Sending unsolicited commercial email (a.k.a.
"spam"), cross-posting messages to a large number of Usenet groups, posting
obscene or threatening messages while using or referring to an Jan Technologies email address or web site URL
is prohibited. The use of Jan
Technologies servers as a mail drop for responses to activities described
above is also prohibited. Accounts cancelled due to spam are subject to a
"clean up" fee of $1000.
Jan Technologies shall be the sole
judge of what violates this Policy.
Suspension of
Service or Cancellation
Jan Technologies reserves the
right to suspend network access to any customer if in the judgment of the
Jan Technologies network administrators the customer's account is the source
or target of the violation of any of the other terms of the TOS or for any
other reason which Jan Technologies chooses. If inappropriate activity is
detected, all accounts of the Customer in question will be deactivated until
an investigation is complete. Prior notification to the Customer is not
assured. In extreme cases, law enforcement will be contacted regarding the
activity. The customer will not be credited for the time the customer's
account was suspended. The customer will also not be credited for any fees
if their account has been terminated.
Jan Technologies reserves the right to amend its policies at any time. All
resellers of Jan Technologies must adhere to the above policies. Failure to
follow any term or condition will be grounds for immediate Cancellation. You
will be held responsible for the actions of your clients in the matter
described on these Terms and conditions.
Backup Policy
It is the clients responsibility to do all backups of their site. If,
in the unfortunate event, something happens to your files, it is your
responsibility to have a local copy of your files. We are NOT held liable in
any way for any files, money, time, effort, etc... lost due to this
unfortunate event. Furthermore, if your files are lost, we will attempt to
restore them as a gesture of good faith, but make no promises what so ever
about whether the files will be brought back successfully or not. Again,
back ups are the client's responsibility
Usenet
Posting the same or similar message to one or more newsgroups (excessive
cross-posting or multiple-posting, also known as "SPAM") is expressly
prohibited.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED
VIOLATIONS BY A THIRD PARTY ON BEHALF OF A Jan Technologies HOSTING CUSTOMER
OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY
SUCH CUSTOMER OR END USER.
If you
are hosting a bulk email site on Jan Technologies Hosting servers and you
use another ISP to SPAM from in order to reference your Jan Technologies
Hosting site by IP address or domain name, you are violating Jan
Technologies's policy and possibly the law. Any
type of denial of service attack from valid or invalid addresses is a
violation of Jan Technologies Hosting security policy and against the law. If you
have been granted password privileges for FTP or telnet, sharing your
password with an unauthorized user or third party is strictly prohibited.
Complaints regarding illegal Use or System or Network Security issues, email
abuse, USENET abuse or SPAM should be sent to
info@JanTechnologies.com.
If available, please provide the following
information:
· The IP address used to commit the alleged violation
· The date and time of the alleged violation, including the time zone or
offset from GMT
· Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system
log files. Other situations will require different methods of providing the
above information. Jan Technologies may take any one or more of the
following actions in response to complaints:
· Issue written or verbal warnings
· Suspend the Member's newsgroup posting privileges
· Suspend the Member's account
· Terminate the Member's account
· Bill the Member for administrative costs and/or reactivation charges
· Bring legal action to enjoin violations and/or to collect damages, if any,
cause by violations
Jan
Technologies Hosting will also not tolerate any sales of drug paraphernalia,
adult material or spamming and both infringements shall result in immediate
termination and removal of the site and/or virtual server without a refund.
(We do not host lingerie sites.) Jan Technologies Hosting prides itself as a
responsible member of the Internet community and is committed to protecting
the data of and providing quality service to all Jan Technologies Hosting
customers all of the time.
Miscellaneous
Provisions
You must provide us with, and keep current,
good contact information for you. E-mail, telephone and fax contacts are
used, in that order of preference.
A waiver by the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
provision thereof.
Subscriber shall not transfer or assign this Agreement without the prior
written consent of the Company. Company may assign Agreement at anytime
without consent from or notice to Subscriber. Company reserves right to
cancel customers rights under this contract at anytime without further
obligation.
Jan Technologies takes no responsibility for any material input by others
and not posted to the Jan Technologies Network by Jan Technologies. Jan
Technologies is not responsible for the content of any other websites linked
to the Jan Technologies Network; links are provided as Internet navigation
tools only. Jan Technologies disclaims any responsibility for any such
inappropriate use and any liability to any person or party for any other
person or party's violation of this policy.
Jan Technologies is not responsible for any damages your business may
suffer. Jan Technologies does not make implied or written warranties for any
of our services. Jan Technologies denies any warranty or merchantability for
a specific purpose. This includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
including equipment failure.
Responsibility for Content
You, as Jan Technologies customer, are solely
responsible for the content stored on and served by your account
Interaction with Jan Technologies staff
Any threat, vulgar language or harassment directed at any Jan Technologies
staff member through phone or email may result in immediate termination of
an account. Any violation of this policy by any employee, contractor or
third party programmer of Jan Technologies should be reported immediately.
Modification
We reserves the right to add, delete, or modify these Terms of Service, our
hosting packages, prices and website at any time with or
without notice provided. All customers are encouraged to check this
document at least once a month to ensure they are aware of any changes.
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