Please read through the Terms and Conditions
below.
This Agreement sets forth JustEdge Networks's terms
of service. All services provided by JustEdge Networks are provided in
accordance with this document. JustEdge Networks may modify this document
from time to time as needed by publishing it online.
1. SERVICE. JustEdge Networks, as an Internet World Wide Web service provider,
provides a server computer that is integrated into the Internet. This
server computer sends and receives information as related to the World
Wide Web. Customer desires to connect to and utilize the software and
hardware facilities of JustEdge Networks to establish a web site. The
use of any data or material by the Customer via the service provided by
JustEdge Networks is at the Customer's sole and absolute risk. JustEdge
Networks SPECIFICALLY DISCLAIMS AND DENIES ANY RESPONSIBILITY FOR THE
COMPLETENESS AND/OR ACCURACY OF QUALITY OF ANY AND ALL INFORMATION OBTAINED
THROUGH THE SERVICES TO BE PROVIDED HEREBY.
2. USE OF SERVICE. This agreement hereby is intended for the use of only
one web site unless otherwise stated in service plan. It is for the exclusive
use of the Customer who's name specifically appears on the order and/or
contract and does not extend to any other person or entity.
3. NO WARRANTIES. JustEdge Networks WILL UTILIZE ITS BEST EFFORTS TO MAINTAIN
ACCEPTABLE PERFORMANCE OF THE CONTRACTED SERVICES, BUT JustEdge Networks
MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JustEdge
Networks CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR
TIME, OR INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM OR VIA
THE INTERNET. JustEdge Networks WILL NOT BE LIABLE FOR THE INADVERTENT
DISCLOSURE OF, OR CORRUPTION OR ERASURE OF DATA TRANSMITTED OR RECEIVED
OR STORED ON ITS SYSTEM. JustEdge Networks SHALL NOT BE LIABLE TO CUSTOMER
OR ANY OF ITS CUSTOMERS FOR ANY CLAIMS OR DAMAGES WHICH MAY BE SUFFERED
BY CUSTOMER OR ITS CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, LOSS OR DAMAGES
OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY TO
ACCESS INTERNET, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED
BY OR RESULTING FROM DELAYS, NON DELIVERIES, OR SERVICE INTERRUPTIONS
WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF JustEdge Networks.
4. INDEMNIFICATION. Customer agrees that it shall defend, Indemnify, save
and hold harmless from any and all demands, liabilities, losses, costs,
claims, including reasonable attorney's fees ("Liabilities") against JustEdge
Networks, its agents, its customers, servants, officers, employees, that
may arise or result from any services provided, performed or agreed to
be performed or any product sold by Customer, its agents, employees or
assigns. Customer agrees to defend, indemnify and hold harmless JustEdge
Networks against Liabilities arising out of any injury to person or property
caused by any products sold or distributed in connection with JustEdge
Networks's server or services, material supplied by Customer infringing
or allegedly infringing on the proprietary rights of a third party, copyright
infringement and any defective product which Customer sold on JustEdge
Networks's servers. As a result of this, Customer agrees that JustEdge
Networks shall not be liable to Customer for any claims of actual, compensatory
and/or consequential damages which may be suffered by Customer, including,
but not limited to, losses or damages due to the loss data resulting from
delays, non deliveries, or service interruptions caused by the fault or
negligence of JustEdge Networks. Notwithstanding the above mentioned,
Customer's exclusive remedies, damages, losses and causes of actions shall
not exceed the aggregate dollar amount which Customer paid and retained
by JustEdge Networks during the quarter in which the dispute occurred.
5. INVOICING AND SERVICE FEES. Invoicing for a web site shall be as follows:
Customer shall be billed in accordance with the above stated terms, unless
otherwise agreed upon in writing and executed by both parties. Payments
of the service fee will be due upon inception (sign-up date). In the event
that Customer shall fail to pay in advance for the services provided herein
or in the event there shall exist any delinquency in the Customer's account
then, in such event, JustEdge Networks reserves the right, in its sole,
absolute and unfettered discretion, to terminate this agreement and discontinue
service to the Customer without notice or liability for actual, compensatory
or consequential damages to Customer for the interruption in service.
JustEdge Networks shall be entitled to unilaterally terminate this agreement,
in which case the provisions of paragraph 1, 2, 3, 4 and 5 shall continue
in full force and effect, and/or, at its sole discretion, JustEdge Networks
may discontinue or suspend service to Customer until payment is made.
Any service disconnection or suspension will result in the requirement
of re-connect fee which shall be the same as the setup-fee.
6. 30 DAY-MONEY BACK GUARANTEE. JustEdge Networks's 30 day money back
guarantee will only apply to shared hosting services (Business Site, Business
Site Plus and Virtual Server). The 30 day money-back shall apply to the
refund on the agreed upon monthly plan fees and shall exclude, without
limitation, the refund of any or all setup fees, service fees, transfer
fees, design/development fees, software purchase fees, and any promotional
discounts, etc. ONLY web hosting monthly fees are refundable. Customer
will automatically be charged non-refundable additional fees in the event
that this Customer is in excessive use of the agreed upon services, including,
but not limited to, the use of additional bandwidth, file transfers in
excess of plan limits, or mega byte space.
7. CANCELLATION AND EARLY TERMINATION. All cancellations in accordance
with the terms and conditions contained herein must be submitted in writing
via JustEdge Networks's online cancellation form or Customer may submit
a request for cancellation in writing via registered mail. 30 Days Notice
of cancellation is required. All Customer accounts must be paid in full
before the transaction will be considered complete. Any contracts terminated
prior to the end of said term will be subject to an early cancellation
fee equal to fifty (50%) percent of the remaining service fees unless
otherwise stated in a service contract between customer and JustEdge Networks.
8. TAXES. Customer shall be responsible for paying all taxes of any nature
except for taxes on JustEdge Networks's income, irrespective of which
party may be responsible for reporting or collecting such taxes.
9. MODIFICATIONS. JustEdge Networks reserves the right to make changes
to any of the above terms and conditions of this agreement immediately
and without notice to Customer. Changes in monthly service fees are effective
only at the end of any calendar quarter for which Customer has already
prepaid. The use of the service by the Customer following the effective
date of such change shall be proof of acceptance of Customer of such change(s).
10. ENTIRE AGREEMENT AND SEVERABILITY. This instrument constitutes the
entire agreement between the parties, and represents the complete and
entire understanding of the parties with respect to the subject matter
contained in this agreement. In the event that any term or provision of
this instrument is held by a court of competent jurisdiction to be unenforceable,
then the remaining provisions of this instrument and the agreement which
it evidences shall remain in full force and effect. IN WITNESS WHEREOF
the parties intending to be legally bound hereby, and in consideration
of the covenants and agreements contained herein, do hereby execute this
instrument with each party warranting their ability to enter into this
agreement for the person or entity pursuant to the law of the State of
Delaware. This Agreement will be held in accordance with the laws of the
State of Delaware. Any actions brought against JustEdge Networks must
be done in the State of Delaware.
11. RESTRICTIVE USE. The Customer may only use JustEdge Networks's service
for lawful purpose. In the event that at any given time, JustEdge Networks
believes that the service is being used by the Customer in contravention
with any of the terms and provisions contained in this agreement, JustEdge
Networks has the right to immediately discontinue such service to Customer
without liability whatsoever. The following are restrictive uses and shall
be cause for the immediate termination of web services and this agreement
without notice and without refund to the Customer. JustEdge Networks will
act as the sole judge as to what constitutes a violation.
12. ACCEPTABLE ACCOUNT USAGE. To better serve our customers and offer
a more reliable service, JustEdge Networks has developed this acceptable
use policy to define the types of behavior that will not be permitted
on JustEdge Networks's network.
A. RESPONSIBLE USAGE. The Customer must take responsibility for their
actions on the JustEdge Networks network, and any systems accessed through
said network. This includes, but is not limited to, statements made through
electronic mail, chat and discussion forums, and Usenet news groups. If
the Customer, or Customer's assignee is found to have exercised irresponsible
behavior, whether intentional or unintentional, endangering the JustEdge
Networks network or another network's systems, company or individual,
JustEdge Networks may suspend Customer's access at any time, without prior
notice. JustEdge Networks management shall be the final and sole judge
of whether abuse or violations have occurred.
B. MASS ELECTRONIC MAIL. This section outlines JustEdge Networks's policy
on unsolicited mass e-mail and newsgroup postings, commonly known as,
and referred to herein as "SPAM". For the purpose of this document, "unsolicited
e-mail" shall be defined as: any electronic mail sent to a given list
of address(es) for which the owner(s) have not given permission, express
or otherwise, for the Customer's use in mass communication. JustEdge Networks
network resources may not be used by Customer to e-mail or mass e-mail
any user, or groups of users who have not indicated a willingness to receive
said mailings. Any violation of this policy may result in termination
of this agreement and service disconnection without prior notice to Customer.
JustEdge Networks management will act as final and sole judge in determining
if a violation has occurred.
C. RELAYING OF ELECTRONIC MAIL. JustEdge Networks does not allow our systems
to be used for RELAY from non-JustEdge Networks customers or networks.
D. CENSORSHIP. JustEdge Networks has a policy of no-censorship, either
from or to our systems, UNLESS, the information transmitted is illegal
in nature, or clearly used to commit fraudulent activity. Additionally,
the JustEdge Networks network may not be used to host Adult-oriented websites
or materials, including those depicting nudity or acts of a sexual nature.
At the sole discretion of JustEdge Networks management, any violation
of the above will result in service disconnection and termination of this
agreement without notice or liability to actual, compensatory or consequential
damages to Customer.
E. SHARED RESOURCE USAGE. JustEdge Networks will not allow Customer to
consume excessive system resources on the JustEdge Networks network.
F. SECURITY. JustEdge Networks actively and automatically monitors all
of our systems for attempts at breaching our security, or attempts to
access systems or resources that are not available for customers to use
or access. This is commonly known as "hacking." Any attempt to access
or modify unauthorized computer system information or to interfere with
normal system operations, whether on the equipment of JustEdge Networks
or of any other computer system or network that is accessed by our services,
will result in immediate and permanent cancellation of your account(s)
and may lead to other legal proceedings against you. ANYONE FOUND ACCESSING
OR ATTEMPTING TO ACCESS UNAUTHORIZED JustEdge Networks OR JustEdge Networks
CUSTOMER EQUIPMENT WILL HAVE THEIR ACCOUNT IMMEDIATELY TERMINATED AND
THE INCIDENT REPORTED TO THE ALLENTOWN BUREAU OF THE FBI and respective
Attorney General's office. JustEdge Networks fully cooperates with authorities
during such an investigation.
G. UNLAWFUL USAGE. JustEdge Networks's network of information services
may only be used for lawful purposes. Transmission of any material in
violation of any federal, state or local regulation is prohibited. This
includes copyrighted material, including but not limited to, MP3 audio
files, photographs and other media not licensed to the individual. Additionally,
material judged to be threatening, obscene, or material protected by trade
secret is prohibited.
H. PRIVACY. While every attempt is made to keep all information passing
to and from our systems, and to and from our customers, private, you must
assume that any information that you transmit or receive may not be private.
JustEdge Networks does not monitor or record normal usage of our systems.
However, JustEdge Networks will fully cooperate with any authority in
the investigation of illegal activity and may turn over logs and records
upon receipt of proper orders. JustEdge Networks fully reserves the rights
to conduct an audit if JustEdge Networks believes there has been a violation
of this Agreement or the Law.
I. SELLING OF CUSTOMER INFORMATION. JustEdge Networks does not and will
not sell or transfer any information about our customer base to any third
party for the purpose of using that information for marketing or direct
sales. JustEdge Networks does cooperate with other Internet and communications
services providers and may release customer information to those parties
in the event of security or credit-related problems.
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