By using any of our services, accessing or otherwise
using this site, you agree to be bound contractually by these Terms of Use.
TERMS OF USE
Effective Date: Aug 12, 2007
A listing of material
changes to this Agreement and their effective dates is provided at
http://www.johnhunterquinn.com/legal.html
John Hunter Quinn and JHQ Productions (referred hereinafter as "JHQ", "johnhunterquinn.com", "Company", "our","we" and "us") is a managed web services hosting company. All accounts on our web servers, including single-domain, reseller and resold accounts, are subject to the terms and conditions and acceptable use policy (referred hereinafter as "AUP", "Terms", "ToS", "Terms
of Service") described in this document. Under the terms of this agreement, your placement of information on our servers is an
acknowledgement that you (referred hereinafter as "Customer", "User", "Users") have read, understand, and agree to be bound by terms and conditions below.
This AUP governs the use of johnhunterquinn.com’s web hosting packages and services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and JHQ regarding the interpretation of this AUP, JHQ’s interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please contact
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1. User Conduct
Our services may only be used for lawful purposes — any use of these services which violates any laws which may apply to JHQ,
your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
You may not publish or transmit via JHQ’s service any content that JHQ reasonably believes:
• constitutes child
pornography;
• constitutes pornography;
• is excessively violent,
incites violence, threatens violence, or contains harassing content or
hate speech;
• is unfair or deceptive under
the consumer protection laws of any jurisdiction, including chain letters
and pyramid schemes;
• is defamatory or violates a
person’s privacy;
• creates a risk to a person’s
safety or health, creates a risk to public safety or health, compromises
national security, or interferes with a investigation by law enforcement;
• improperly exposes trade
secrets or other confidential or proprietary information of another
person;
• is intended to assist others
in defeating technical copyright protections;
• clearly infringes on another
person’s trade or service mark, patent, or other property right;
• promotes illegal drugs,
violates export control laws, relates to illegal gambling, or illegal arms
trafficking;
• is otherwise illegal or
solicits conduct that is illegal under laws applicable to you or to JHQ; or
• is
otherwise malicious, fraudulent, or may result in retaliation against JHQ by offended viewers.
User may not:
• Restrict or inhibit any other user from using and enjoying the Internet.
Content "published or transmitted" via JHQ’s service includes Web content, e-mail, bulletin board postings, chat, audio, video and any other type of posting or transmission that relies on any Internet service provided by JHQ.
JHQ reserves to the right to the final decision on what constitutes abuse.
2. Usage
Customer may not (unless additionally contracted) initiate the following on our servers:
• Run any process that requires more than 16Mb of memory space, more than 30 CPU seconds, or use more than 5% of all available system resources at any time.
• Run any type of interactive real-time applications that require server resources. Remotely-hosted
services are fully allowed.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• Run intensive scripts with persistent MySQL connections.
• Run any software that interfaces with an IRC (Internet Relay Chat) network.
• Host Proxy Servers or Anonymizers
• Host Pirated software (warez)
• Host illegal MP3 content, store large Audio / Video Archives (any format).
• Provide free hosting services, free webmail services or free software hosting services.
• Run any site with adult-oriented content, including but not limited to any pornographic material.
• Host Escrow, High-Yield Interest Programs (HYIP), Ponzi (fraudulent investment operation), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities.
Customer may not engage in illegal, abusive, or irresponsible behavior, including:
• Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to JHQ and its customers) without express authorization of the owner of the system or network;
• Monitoring data or traffic on any network or system without the 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;
• Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
• Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
• Any conduct that is likely to
result in retaliation against the JHQ’s network.
• Use of JHQ’s network in a way that unreasonably interferes with ’s other customers use of the network.
Customers are also required to abide by the following:
• Databases are only to be used for JHQ hosted web sites, and no outside access will be granted.
• Persistent MySQL connection is prohibited on all shared servers.
3. Zero Tolerance Spam Policy.
JHQ has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of JHQ whether or not the message actually originated from our network.
• Drop-Box Accounts. Using this network for the receipt of replies to unsolicited mass email (spam) sent from a third-party network is prohibited.
• Header Forgery: Forgery of email headers ("spoofing") is prohibited.
• Proxy Spamming: Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software is prohibited.
• Relaying. Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication is prohibited.
• Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all opt-ins, including the email and its headers if applicable, and provide such records to Company upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.
• Mailing Lists: JHQ’s mass mailing rules also apply to mailing lists, list servs, or mailing services contracted for by Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail address available to Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
4. Removal of "E-Powered by: JHQ Productions" footer link back to us
The "E-Powered by:" or whatever variation of it, was factored into the pricing for your site. Unauthorised removal of this footer branding is cause for termination of all services. If you would like this branding to be removed, please contact sales or open a support ticket.
5. Backup Policy
We run automatic (off-site and online) daily backups of your data. In the event of permanent data loss, a restoration may occur that will recover your lost files for additional fee of $50 per website.
If you have ordered a managed backup account from us, with no warrenty of usability; we will make best efforts to maintain several current backups of your website an restore to the version that was last known work.
6. Sharing of account space & resale restrictions
You agree and understand that the account you purchase is purchased either for yourself, your company or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.
7. Refusal or Discontinuation of Service
JHQ reserves the right to refuse or discontinue service to anyone at JHQ’s sole discretion. JHQ may deny you access to all or part of the service without notice if you engage in any conduct or activities that JHQ in its sole discretion believes violates any of the terms and conditions in this agreement. JHQ shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that JHQ has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. JHQ reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. JHQ also reserves the right to refuse refunds in cases where JHQ believes abuse has taken place.
8. Website Software License
THE PROGRAMS PROVIDED ARE COPYRIGHTED
AND LICENSED (NOT SOLD) TO YOU BY JHQ, FOR USE ONLY UNDER THE TERMS OF THIS LICENSE, AND JHQ RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED TO YOU. LICENSORS RETAIN OWNERSHIP OF ALL SOFTWARE PROVIDED.
JHQ grants you a limited non-exclusive, non-transferable, and revocable license to access and use the public areas of this site, only for your personal or professional use and not for purposes of resale, except as may be provided in any separate written agreement signed by the parties or separate agreement originating with this site; provided, however, that you do not modify this site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these Terms of Use. Unauthorized use of this site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
9. Restrictions.
Except as expressly authorized herein or in any separate written agreement signed by the parties or separate agreement originating from this site, you may not copy, modify, distribute, download, display, transfer, post, or transmit this site or its content in any form without JHQ prior written permission.
10. Payment & Other Information
Customer agrees to supply appropriate payment for the services received from JHQ, in advance of the time period during
which such services are provided. Customer agrees that until and unless Customer notify
JHQ of Customer's desire to cancel any or all services received, those services will be billed on a recurring basis.
All payment failures must be cured within 4 days of notice. Subscribers failing to secure payment within 4 days of notice
will incur service interruption and $50 reconnection fee in addition to the monies owed.
Subsequent payments are due on the anniversary date of the month for that month's service. You agree that until and unless you notify us using the proper cancellation form for all services received, those services are considered active, billable, and will be billed on a recurring basis. It costs us on an ongoing basis to provision space, power, bandwidth for services of our clients. We continue to provision those services for your use until you cancel with us therefore we will not know nor care if you are not using the space after we have provisioned it.
Accounts not paid by due date are subject to a late fee of $7.50 (seven dollars and fifty cent USD) plus 10% (ten percent) interest of the past due amount. Service will be interrupted on accounts that are 4 days past due. Service interrupted for nonpayment will remain disconnected until the account balance or contract term is paid in full. Service will be terminated on accounts that are 15 days past due.
All credit card accounts will be automatically billed on their anniversary date of the initial order. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. JHQ reservers the right to change pricing terms on any accounts and services at anytime. We will never increase an existing clients account plan pricing.
JHQ is not responsible for data integrity on equipment reclaimed for non-payment.
Disputes and Failure to Pay:
All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in JHQ's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay an "Administrative Fee" of not less than $50. The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
If we have to close your account for nonpayment the remaining balance will be sent to a collection attorney plus additional fees for the collection service. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating.
If client disputes justified charges by provider on his credit card (chargeback), provider has the right to charge a $25 administration fee in addition to late fees, chargeback fees, bank fees, and immediately discontinue service. We reserve the right to file "Theft of Services" charges and/or initiate fraud proceedings.
11. Money Back Guarantee
Our pre-built managed packages include a 30-day money back guarantee.
If the software or services do not perform as well as presented with the online demonstrations, you will receive a refund (with the exceptions listed below) if you cancel your account within 30 days of the activation of your account.
Our refund policy does not apply to any additional items or services. Not included are Domain Names, Domain Parking Services, Domain
Registration and Dedicated Server set-up fees and any additional services such as overages, SSL, bandwidth, maintenance fees, These amounts will be deducted from any refunds. No refunds are available after 30 days. No refunds are available after account upgrades or downgrades. Any request for cancellation must be received via Support Desk (address: https://www.jhqroductions.com/support) and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
Accounts cancelled/terminated by JHQ for violating our Terms of Service do not qualify for refunds or our 30-day money back guarantee.
For example, if your account is cancelled due to spamming, a refund will not be issued.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. To receive a
refund, contact our customer service department. Please note that refunds will be made within 14 business days from cancellation date.
Security Certificates
From time to time JHQ gives
or sells Security Certificates (SSL) to customers. If you cancelled your account
within 30 days and we have already installed Security Certificate bought thru us, that fee will be subtracted from refund because the Security Certificate is registered and belongs to the domain name holder/owner and valid for full year (12 months). Cancelling a perticular service will not close your account with us or interrupt your use of
SSL, it will follow the domain name it is registered to.
Domain Names
We do not give refunds on Domain Names. If we have registered a domain for you, that fee will be subtracted from any refund because Domain names are registered in your name and are valid for full year (12 months). Canceling a particular service will not close your account with us or interrupt your ability to point the domain name to other servers and use it there.
Custom Work
All custom development work is tracked and provided on a hourly basis. All work or services are provided and made with best efforts. We stand by our work and gurantee that all work is provided in fuctioning order, It may not be possible to meet all requirement. All work is quoted at an hourly rate and may be higher for rush jobs, this is to be defined by your requirements and completion/turnaround time of less than 48 hours. Any additonal work to added on is billable, this is defined as not being included in the details or the original work order. If in the event the work is not be completed. We will refund the amount minus the time spent on that project up to the point where the work was stopped.
• If applicable, please allow for 2-4 weeks for a paper refund to be issued and sent to you.
• If you maintain an active account with us, any refunds will be cedited to your account within 48 hours.
12. Service Cancellations
Service Cancellations "managed packages" or "managed services" must be submitted using the trouble ticket system located at Support Desk: at least 10 days before the end of the billing cycle.
Cancellations over the telephone and informal email are not accepted.
While there are no cancellation fees, you must cancel prior to your next billing cycle. Payments made up to your cancellation date are not refundable unless you're canceling within the 30 money back guarantee period less any setup provisioning fees. This does not include any added support or service fees you have contracted us to provide.
You are obligated to pay for your account even if you do not use it. Because we have provisioned services and provided you with details you have the ability to use your account. An unused account still uses system resources that could be used for other customers.
If you have a past-due balance on your account it must be paid in full before we will close out the account. .
If we have to close your account for nonpayment the remaining balance will be sent to a collection attorney plus additional fees for the collection service. If our internal collection efforts fail, we reserve the right to turn the account over to a 3rd-party (either collections agency or attorney) for further action. We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating.
If client disputes justified charges by provider on his credit card (chargeback), provider has the right to charge a $25 administration fee in addition to late fees, chargeback fees, bank fees, and immediately discontinue service. We do not offer refunds for services after the initial thirty (30) days of service.
13. Privacy
Please review this site's Privacy Policy at http://www.johnhunterquinn.com/information/legal/privacy-policy.html
which also governs your visit to this site.
14. Disclaimer
JHQ is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims
any responsibility for any misuse of the JHQ network.
Any JHQ material on this server may include technical inaccuracies or typographical errors. JHQ has the right to make changes and updates to any information contained within this server without prior notice.
JHQ reserves the right to revise its terms of service / acceptable use policy at any time without prior notice.
Inquiries regarding this policy should be directed to
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15. Indemnification
Customer agrees to indemnify and hold harmless JHQ and the employees and agents of JHQ (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
16. Limitation on Company Liability, Limitation of Remedies and Damages.
JHQ shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance
of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by
telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement.
THE INFORMATION OR SERVICES PROVIDED BY JHQ 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 OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY JHQ, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY. NEITHER JHQ PRODUCTIONS NOR ITS AFFILIATES WARRANTS THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT THE SOFTWARE OR SERVICES MAY NOT SATISFY ALL YOUR REQUIREMENTS OR BE FREE FROM DEFECTS. THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS ARE LICENSED "AS IS." ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED AS TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. YOUR EXCLUSIVE REMEDY FOR BREACH OF WARRANTY WILL BE THE REPLACEMENT OF THE SOFTWARE OR REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL JHQ OR ITS DEVELOPERS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF JHQ OR AN AUTHORIZED JHQ REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE JHQ LIABILITY TO YOU FOR ANY ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE GREATER OF $5 OR THE MONEIES PAID TO JHQ FOR THE SERVICES THAT CAUSED THE DAMAGES. THE ABOVE LIMITATIONS WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
JHQ SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
17. Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
• You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
• You are otherwise permitted by established United States copyright law to copy the work in that manner.
JHQ will terminate the service of repeat copyright infringers.
If you believe your copyright is being infringed by a person using the JHQ network, please send your written notice of copyright infringement to:
JHQ Productions
101 west 23rd street suite 2347
ATTN: Robert Takai, Legal Division
Your notice must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JHQ to locate the material;
Information reasonably sufficient to permit JHQ to contact you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury that you are
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings nor, nor do we assume any legal obligation or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other
20. ECPA Notice.
This web site treats email messages and other communications through this site as private. Exceptions are those
permitted by law, included under the Electronic Communications Privacy Act of 1986, 18 U.S.C. Sections 2701-2711 (the "ECPA"). The ECPA permits our limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate our system or to protect our rights or property, (ii) upon legal demand (court orders, warrants, subpoenas), or (iii) where we receive information inadvertently which appears to pertain to the commission of a crime. This site is not considered a "secure communications medium" under the
ECPA.
21. USA Patriot Act Notice.
The U.S. federal USA Patriot Act ("USA Patriot Act") provides generally for the operator of a communication host and law enforcement to be able to monitor any content, upon request of the operator. We anticipate fully complying with all our obligations, and availing ourselves of all our rights, under the USA Patriot Act.
This site is a provider of“interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings, nor do we assume any legal obligation or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other
23. Governing Law
This Agreement, and all future agreements Customer may enter into with JHQ, unless otherwise indicated on such other
agreement, will be governed by the laws of the State of New York, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with JHQ in New York or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, Customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Westchester, New York. If any part of the Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
24. Arbitration
Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in New York, New York, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of New York, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Enforcement's of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
25. Other
You must have valid and current information on file with your domain name registrar for any domain hosted on the JHQ network.
This site is Intended For Use Only In The United States and is controlled and operated by JHQ from its offices within the United States. JHQ does not represent that this site is appropriate or available for use elsewhere; access to this site from locations where its contents are illegal is not authorized. If you access this site from outside the United States, you do so on your own initiative and at your own risk.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
26. TERM OF AGREEMENT; MODIFICATIONS.
You agree that JHQ may modify this Agreement and the Services from time to time. You agree to be bound by any changes JHQ may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from JHQ, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. You agree that JHQ shall not be bound by any representations made by third parties who You may use to purchase Services from JHQ, and that any statement of a general nature, which may be posted on JHQ's Web site or contained in JHQ's promotional materials, will not bind JHQ. JHQ may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying JHQ should You desire to terminate Your use of JHQ's Services. Notification of Your intent to terminate must be provided to JHQ at least 10 days before the end of the your billing date.
27. Agreement Acknowledgement
This agreement supersedes any written, electronic, or oral communication you may have had with JHQ or any agent or representative thereof, and constitutes the complete and total agreement between the parties. Should any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
You are deemed to have read, understood and accepted the terms of this Agreement electronically, by placing and continuing to maintain or place information on JHQ' servers or by taking the affirmative act of clicking on any acceptance link, button or placing a check mark in a box indicating your acceptance, shall be deemed to be your signature to this Agreement to the same extent as if your written signature was contained hereon and you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
