JE2000, LLC TERMS OF SERVICE
1. APPROPRIATE USE OF THE SERVICES.
You agree to the terms of our Acceptable Use Policy,
which are stated at in full at http://www.je2000.com/html/aup.html
JE2000, LLC shall be entitled to immediately terminate
this Agreement if JE2000, LLC determines that your account
is in violation of portion of its Acceptable Use Policy
2. PAYMENT OBLIGATIONS
All services provided by JE2000, LLC are due and payable
in advance. JE2000, LLC accepts VISA, MasterCard, Novus
(Discover), American Express credit cards, and checks
that clear before services are rendered.
If you have chosen to pay via credit card, your credit
card will be automatically debited. If your card declines
for any reason, you are required to provide JE2000,
LLC with alternative credit card information no later
than 5 days after being contacted by JE2000, LLC. Failure
to provide alternative credit card information in a
timely manner will result in account suspension.
If you remit payment to JE2000, LLC via check, any
invoices you receive should be considered due upon receipt.
Should your account become delinquent, we may at any
time and at our discretion convert your account to credit
card payment only. Any invoiced accounts that are more
than 30 days past due will be suspended, subject to
a reconnection fee and late fees.
If Client chooses to register a domain name(s) through
JE2000, LLC; the client acknowledges and agrees that
Client will pay a registration fee(s) to register the
domain name(s) with the applicable domain name registrar.
JE2000, LLC does not offer refunds for domain name registrations
for any reason, including misspelling of the domain
name.
If Client terminates this Agreement in accordance with
Section 4 hereunder, Client shall be responsible for
any outstanding fees owed to JE2000, LLC and agrees
to pay any and all fees incurred by Client. Clients
who subscribe to services billed on a monthly basis
will not be eligible for refunds of any kind. Client
will be responsible for Service fees incurred each month
regardless of when Client provides notice of termination.
Thus, for example, if Client provides notice to terminate
on the 15th of a particular month, Client will still
owe fees for the entire month and such fees will not
be pro-rated or refunded. If Client has prepaid for
the entire year, no refund will be given for remaining
unused months.
If your account is suspended for non-payment, you will
have to pay any balance due plus a $50 reconnection
fee for JE2000, LLC to restore service.
Should JE2000 be required to retain professional services
in direct relation to client's site (such as law enforcement
/ IRS / legal actions), client shall be responsible
for all third party expenses, in addition to administrative
fees incurred by JE2000, LLC.
Billing disputes must be made in writing within 30
of the original invoice date. Any disputes after the
initial 30 days will be considered null and void. Courtesy
invoices are supplied via e-mail on the recurring billing
date. It is the customer's responsibility to verify
that the charges are appropriate and submit any disputes
immediately.
JE2000, LLC shall be entitled to immediately terminate
this Agreement for Client's failure to make timely payments
to JE2000, LLC.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall JE2000, LLC
be liable to any third party for Client's breach or
alleged breach of any of the terms and conditions set
forth in this Agreement. Client agrees to defend, indemnify
and hold harmless JE2000, LLC from any and all expenses,
losses, liabilities, damages or third party claims resulting
from Client's breach or alleged breach of any Client
obligations set forth hereunder.
4. TERM, TERMINATION, REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement
shall be effective on the date you register for the
Services, and shall continue in effect on a month-to-month
basis unless otherwise specified by separate agreement
(the "Term") unless terminated earlier pursuant
to the provisions of this Section 4. Either party will
have the right to terminate this Agreement upon notice
to the other party. If Client is terminating this Agreement,
Client must email billing@JE2000.com. All cancellation
requests must be received one business day before the
end of your term. Sections 3 - 9 shall survive termination
or expiration of this Agreement.
JE2000, LLC provides a full 30 day satisfaction guarantee
with all virtual and reseller hosting accounts. If you
should be unhappy with any virtual or reseller hosting
account within 30 days, a full refund will be issued
within 24 hours, minus any AUP violations and overages.
JE2000, LLC may run promotions from time to time which
include free days. JE2000, LLC will bill for these services
in advance, however the official billing date will not
begin until the free days have been provided. If you
cancel service during free days, you will be issued
a 100% refund within 24 hours, with exception of AUP
violations, which will void any refund and may incur
additional charges.
5. TAXES
Client will pay and indemnify and hold JE2000 harmless
from any and all taxes associated with or arising from
Client's use of the Services, including any penalties
and interest and any costs associated with the collection
or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE JE2000, LLC SITE, INCLUDING WITHOUT
LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED
ON THE JE2000, LLC SITE, AND ALL TEXT, GRAPHICS, LINKS
AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS'
BASIS AND WITHOUT WARRANTY OF ANY KIND. JE2000, LLC
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JE2000,
LLC SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS
WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER
HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED
WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL JE2000, LLC BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE JE2000,
LLC SITE OR ANY JE2000, LLC PRODUCTS OR SERVICES, OR
FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION
WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN
NO EVENT SHALL JE2000, LLC CUMULATIVE LIABILITY EXCEED
AN AMOUNT GREATER THAN TWO HUNDRED FIFTY DOLLARS ($250
US).
8. LAWFUL PURPOSE
(a) JE2000.Com reserves the right to refuse service to anyone. Customers may only use JE2000.Com 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 JE2000.Com management.
(b) Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Connecticut, except that all arbitration and related proceedings conducted pursuant to Section 8(c) below, including without limitation confirmation proceedings, shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1, et. seq. . The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT THAT IS NOT SUBJECT TO MANDATORY ARBITRATION PURSUANT TO SECTION 8 (C) BELOW MUST BE BROUGHT IN A CONNECTICUT STATE OR FEDERAL COURT LOCATED IN NEW LONDON COUNTY, CONNECTICUT, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
(c) Mandatory Arbitration. Notwithstanding Section 8b above, each party agrees that any dispute between the parties arising out of this Agreement or in any manner relating to the Services must be submitted by the parties to arbitration The arbitration shall be administered by an arbitrator or arbitration service agreed upon by the parties. If the parties are unable to agree upon an arbitrator or arbitration service, the arbitration will be administered by the American Dispute Resolution Center, Inc., Connecticut Bar Association Center, 30 Bank Street, New Britain, CT 06051. Any such arbitrator must render a reasoned opinion in writing only where the amount in dispute exceeds $100,000. Judgment upon the award may be entered in any court having jurisdiction thereof. Any such arbitration will be held in New London, Connecticut. Any action filed by either party in any court in violation of this Section should be dismissed pursuant to this Section
9. DATA LOSS
JE2000, LLC is not responsible for any data loss. Customers
are strongly encouraged to and are responsible for keeping
local backup files of all sites. Any backup services
provided by JE2000, LLC are at our discretion and are
not guaranteed unless otherwise specified under separate
contract. Restoration of files from backup may incur
restoration fees.
10. MISCELLANEOUS
If any of the provisions, or portions thereof, of this
Agreement are found to be invalid under any applicable
statute or rule of law, then, that provision notwithstanding,
this Agreement shall remain in full force and effect
and such provision or portion thereof shall be deemed
omitted. This Agreement (including the Exhibits, attachments
and/or addenda, if any,) represents the entire agreement
of the parties with respect of the subject matter hereof
and supersedes all prior and/or contemporaneous agreements
or understandings, written or oral between the parties
with respect to the subject matter hereof. This Agreement
and the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any
manner by Client, but may be so transferred, assigned
or delegated by JE2000, LLC. Any waiver or any provision
of this Agreement, or a delay by any party in the enforcement
of any right hereunder, shall neither be construed as
a continuing waiver nor create an expectation of non-enforcement
of that or any other provision or right. In any legal
proceeding between the parties under this Agreement,
the prevailing party shall be entitled to recover its
costs, expenses and reasonable attorneys' fees. This
Agreement is made under and shall be governed by the
laws of the United States of America, except with regard
to it’s conflict of law rules. This Agreement and JE2000,
LLC’s policies are subject to change by JE2000, LLC
without notice. Continued usage of the Services after
a change to this Agreement by JE2000, LLC or after a
new policy is implemented and posted on the JE2000,
LLC Site constitutes your acceptance of such change
or policy. We encourage you to regularly check the JE2000,
LLC Site for any changes or additions.
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