Terms of Service (TOS) and Acceptable Use Policies (AUP)
1. Nothing illegal! - No spamming, illegal pornography, warez, serial numbers, cracks, codes, stolen MP3's etc...
2. No Server abuse.
3. If you violate any of the above policies, J. H. web Solutions will cancel your account (we always contact you first).
4. No refunds.
5. No IRC on the J. H. web Solutions networks.
The Legal Version
Acceptable Use Policies (AUP)
(for all accounts) J. H. web Solutions has certain ethical, legal and moral responsibilities consisting of the use of its servers and equipment involved in the services of website hosting, marketing, and design. J. H. web Solutions reserves the right to suspend, deny or cancel a subscriber's access to any or all services provided by J. H. web Solutions whenever J. H. web Solutions decides the services it has rendered have been inappropriately used. Use of J. H. web Solution's service constitutes acceptance and agreement to our policies.
Web Site, Server, and Network Content/Use Provisions
(for all accounts) All services provided by J. H. web Solutions and its underlying service providers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Indian, state or city law is prohibited. This includes, but is not limited to copyrighted material, the material we judge to be threatening or obscene, material protected by trade secret and other statutes, material that would cause harm to minors, threats and harassment, forgery, fraud, unfriendly network disruptions, and distribution of viruses. The subscriber agrees to indemnify and hold harmless J. H. web Solutions from any claims resulting from the use of the service which damages the subscriber or any other party. The subscriber also agrees that J. H. web Solutions may disclose, without subscribers consent, any and all information related to the subscriber and their service with J. H. web Solutions to any law enforcement agent who makes a written request.
J. H. web Solutions is not responsible for any material input by anyone other then J. H. web Solutions and/or posted to the J. H. web Solutions network by anyone other than J. H. web Solutions. This includes the content and links to websites hosted by J. H. web Solutions. J. H. web Solutions disclaims any liability and responsibility relating to the inappropriate use or inappropriate content of anything hosted by J. H. web Solutions that J. H. web Solutions did not solely create and post to the J. H. web Solutions network.
J. H. web Solutions prohibits its users from sending unsolicited e-mail messages (“spamming”), including, but not limited to: Posting the same, or similar, messages to one or more Usenet or other newsgroups, forums, e-mail mailing lists or other similar groups or lists; Posting any Usenet or other newsgroup, forum, e-mail mailing list or other similar group, or list articles which are off-topic or otherwise violate the rules of the charter or other owner-published FAQ or description of the group or list; Sending unsolicited e-mail, including commercial advertisements and informational announcements to Internet users, or any unsolicited e-mail that could reasonably be expected to provoke complaints; Using e-mail to engage in harassment, whether through language, frequency or messages. Continuing to send someone e-mail after being asked to stop is considered harassment; Sending e-mail with falsified or obscured header or information designed to hinder the identification of the location of what is advertised; Collecting replies to either (i) unsolicited e-mail messages or (ii) messages that were either sent through another provider which violate these rules or those of the other provider. J. H. web Solutions allows only COI (Closed-Loop Opt-In) mailing lists. More information on COI can be found here. Users who send bulk e-mail to “opt-in” list must have a method of confirming or verifying subscriptions and be able to show evidence of subscriptions for users who complain about unsolicited e-mail. The Company’s receipt of complaints from Internet users related to e-mails received due to users use of “opt-in” list shall be a violation of this AUP.
Any user that gets any of J. H. web Solutions IPs listed on any legitimate Spam Block or Blackhole lists such as but not limited to SpamCop or Spamhaus will be billed a Rs.5000 charge to subscribers account and additionally a Rs.5000 per hour administrative charge to remove the block and protect our IP ranges and mail servers.
Pornography is prohibited on any J. H. web Solutions server. J. H. web Solutions will be the sole arbiter as to what constitutes a violation of this provision but in general if its legal for all ages to see, its ok, if you have to be 18 or 21 to view, then it's not ok. J. H. web Solutions also reserves the right not to host sites that it considers, in its sole discretion, to be religiously or racially offensive or inflammatory.
With the few exceptions listed above and below, we support the uncensored flow of information and ideas over the internet. We do not actively monitor the information that our subscribers transmit and receive; however, we do react immediately to any alleged violations of any of our policies in which case we reserve the right to monitor anything on our network and any packet of information that traverses our network.
Bandwidth usage for dedicated and co-located servers: (for dedicated and co-location accounts) Subscriber agrees to pay for all bandwidth they use that is above the amount included in their package, at the current rate which is listed on J. H. web Solution's dedicated server page. The subscriber may elect to have their bandwidth capped at any amount at their choice, or they may elect to have no cap and simply pay for the additional bandwidth used above what is included in subscriber’s package.
Background-running Programs: (for virtual accounts) we may allow programs to run continuously in the background. These are considered on an individual basis and an extra charge may be incurred based on system resources used and operational maintenance needed.
(Applies to dedicated and co-location subscribers only, does not apply to virtual accounts.) All IPs that are assigned to J. H. web Solution's subscribers must be used under the authorized use stipulations within 24 hours of being assigned the IP. There are to be no unused IP's on J. H. web Solution's networks, except those in reserve for J. H. web Solutions to assign its subscribers on an as-needed basis. Subscribers are only allocated IPs that they will use within 24 hours.
Server Abuse Issues:
(for all accounts) Any attempts to undermine or cause harm to J. H. web Solutions servers or the servers of its underlying service providers or a subscriber of J. H. web Solutions or its underlying service providers is strictly prohibited.
(for all accounts) Subscribers are prohibited from violating or attempting to violate the security of the J. H. web Solutions network or any of its other subscribers, and should a violation take place, civil or criminal liability may result. J. H. web Solutions will investigate any alleged violations and cooperate fully with law enforcement. Violations include but are not limited to the attempt to login to any machine which the subscriber is not exclusively paying for, interfering with any service by DDos attacking, mail bombing or anything else that would be detrimental to the services that J. H. web Solutions provides, attempting to probe or scan or test the vulnerability of any machine on the J. H. web Solutions network, forging any IP address, and taking any action in an attempt to receive services that the subscriber is not paying for. A violation of any of the above may result in immediate removal from the network.
Any sub-networks or re-seller networks of J. H. web Solutions must adhere to all of these policies.
We try to keep our IPs safe and free from abuse which includes UCE/UBE/spam, Denial Of Service attacks, cracking attempts, and much more. These IPs may be blocked by DB listing companies due to spamming or undue activities by any of our client's domain which is hosted on our network. J. H. web Solutions is not responsible for any outcome such as email bouncing, website blocking etc., however, we write to them to remove our IPs from blacklisting. J. H. web Solutions will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement, even if we have been advised of the possibility of such damages.
Terms of Service (TOS)
Right To Refuse Service and Cancel Accounts:
(for all accounts) J. H. web Solutions reserves the right not to accept accounts for hosting for any reason it deems appropriate. We also reserve the right to cancel an account at any time, for any reason, other than those stated specifically in this policy statement, with 10 days notice. Accounts that violate any of the policies specifically stated herein, including late payment or non-payment of fees owed, may be canceled with no notice.
(for all accounts) Our primary means of communications with clients, including for billing purposes and technical support is by e-mail. You must supply us with your current e-mail address so that we may contact you at any time. We cannot be held responsible for not notifying you of account cancellation if you do not supply us with your correct and current e-mail address. You should check your e-mail regularly to make sure you do not miss an important notice.
(for all accounts) Technical Support thru email is available 24/7/365. Priority is given to the issues raised thru email. Free included support category tickets are limited to a quantity of 40 per month. All other categories including network or server down are unlimited. For dedicated accounts, tech support is limited to initial setup, and thereafter only network related issues - the dedicated account holder must be or have someone be the system administrator for their computer. J. H. web Solutions can support and administrate your computer but that service is not included in the price of the dedicated server.
J. H. web Solutions would like to announce that anyone mis-behave or using abuse languages to our employee then we will suspend his/her account without any priority notice, and he will not get any refund and further support from J. H. web Solutions any point of time. For this J. H. web Solutions is not responsible. J. H. web Solutions have full rights to take action against that client/visitor. Client/Visitor has to pay Rs.5000 fine or penalty for each abuse word.
Note : In actual practice, and as time permits, we do assist in technical support beyond what has stated above and we even offer one-on-one personalized training.
(for all accounts) If any of these terms or conditions are not followed it will result in grounds for account deactivation. We reserve the right to remove any account without notice if any of the terms or conditions stated herein are violated. If such an occurrence takes place, the fees are not refundable.
If we deem it necessary to cancel an account for any reason other than those specifically stated in this document, we will give you a 10-day notice of cancellation by e-mail.
J. H. web Solutions reserves the right to make any changes to its policies and Hosting plans, pricing, bandwidth providers, IP's, and features offered at any time as necessary and in no way implies fitness of purpose warranties. J. H. web Solutions reserves the right to refuse service to anyone. J. H. web Solutions reserves the right to determine what violates any of J. H. web Solutions' policies.
(for all accounts) All charges are in INR. All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies J. H. web Solutions in writing for a request for termination of services (see cancellation by subscriber section below for details on how to cancel). All payment is in INR currency and must be prepaid thru cash, wire transfer one week in advance of due date. A subscriber who prepays and then wants to downgrade their hosting package can do so, but will not be eligible for a refund of any prepaid monies, or a reduction in monthly charges until the prepaid period is up.
There is an INR 500 per day late fee for all payments that are not on time. This includes all credit card payments that do not go through as of the due date of the monthly payment because of the card being declined, expired, no longer good or any other problem. It is the subscriber's responsibility to update J. H. web Solutions for any changes in their payment information including expiration dates. The subscriber authorizes J. H. web Solutions to use whatever means necessary to effect payment of overdue accounts or cancellation fees if any. This includes making the charge to the subscriber's credit card, even if the subscriber does not usually pay by credit card. If a subscriber is late 3 times consecutively, the late fee will be INR 5000 and will increment by INR 5000 for each consecutive month subscriber is late thereafter, indefinitely.
For subscribers who wire/cash, once a service is 10 days overdue for payment, service will be interrupted if prior arrangements with J. H. web Solutions have not been made. For subscribers who pay by wire transfer, there will be an INR 250 fee for all wire transfers under INR 5000 and once a service is 3 days overdue for payment, service will be interrupted if prior arrangements with J. H. web Solutions have not been made. For subscribers who pay by check, once a service is 2 days overdue for payment, service will be interrupted if prior arrangements with J. H. web Solutions have not been made.
If subscribers service has been disconnected for lack of payment as per our payment policies and subscriber wishes to reconnect service, there will be an INR 5000 reconnect fee.
J. H. web Solutions reserves the right to turn over any debts owed to J. H. web Solutions to a collection agency or to attorneys in that order.
Refunds and Disputes
(for all accounts) All payments to J. H. web Solutions are non-refundable and nonpro-rateable. This includes the setup-fees and all subsequent recurring charges and any one-time fees. If you dispute a charge made to your credit card by J. H. web Solutions and it is found that the charge was valid, you agree to pay J. H. web Solutions an INR 5000 administration fee.
Transfer of Service
(for all accounts) Subscriber shall not transfer ownership of their service with J. H. web Solutions to any other person or entity without prior written consent from J. H. web Solutions. If J. H. web Solutions agrees to allow the transfer of service, the new subscriber must agree to the J. H. web Solutions TOS and AUP.
Hacked Server Policy
(for all accounts) When a server gets hacked, any recent backups that have been made will very likely contain the hack. It is generally not known when a hack was made to the server, and therefore any nightly or weekly backups will likely contain the hack. For this reason, J. H. web Solutions does not generally permit subscribers to restore data from backups once a server has been known to be hacked. It is neither in the best interest of the client, nor J. H. web Solutions and the network to use the suspect data. If the data from the backup is needed, the standard procedure is for the subscriber to purchase the old hard drive and have it shipped to the subscriber. If for some reason any of the backed up data is allowed to be used, and the server is hacked again (within one week of the data being used), the subscriber will be billed hourly for all work to redo the server again. If the subscribers server has initiated a DDoS attack on the J. H. web Solutions network, and the subscriber uses any of the backed up data after the server has been restored, and the subscribers server initiates another DDoS attack within one weeks time, the subscriber agrees to pay an immediate INR 15000 fine in addition to all hourly fees associated with restoring the network and all of the credits that J. H. web Solutions might have to pay its subscribers in order to meet its SLA. This is generally not a risk that a subscriber will want to take.
(for all accounts) Subscriber acknowledges that the initial costs and specifications of the service that the subscriber is subscribing to have been disclosed to the subscriber. J. H. web Solutions reserves the right to change pricing and specifications of its service at any time due to market fluctuations, cost to provide service, changes in the cost of hardware etc... When changes are made to pricing or specifications of the service J. H. web Solutions is providing that result in lower pricing or in better specifications, J. H. web Solutions will make every effort to pass those changes on to the subscriber, however, in some circumstances, additional fees will apply. When changes are made to pricing or specifications of the service J. H. web Solutions is providing that result in higher pricing or in lower specifications, J. H. web Solutions will make every effort NOT to pass those changes on to the subscriber. J. H. web Solutions is not obligated to change the rates and specifications of subscribers existing service for any reason at any time, and it will be at the sole discretion of J. H. web Solutions and based on financial evaluations of what is required to keep J. H. web Solutions a profitable operating company, able to provide the highest quality services to the subscribers.
Cancellation initiated by subscriber
(for all accounts) Subscribers must notify J. H. web Solutions in writing when they wish to cancel their accounts and must include in that ticket the date they wish to cancel. Cancellation must be initiated at least 2 days before the cancellation date and this must be at least 2 days prior to the client's next invoice date or the client will be billed for the next month. The subscriber is responsible for and must pay in full all fees which may have accrued including any recurring fees and third-party software fees. J. H. web Solutions will not pro-rate any charges. Notification to J. H. web Solutions of the transfer of the subscriber's domain name from internet or associated organization to another hosting provider does not constitute a cancellation as these are often forged without the subscriber's knowledge. Email is not acceptable for the written notice of cancellation to J. H. web Solutions as email and its sources may be forged.
Service Level Agreement
(for all accounts) J. H. web Solutions guarantees 99.5% network uptime as a general rule excluding scheduled maintenance and internet-wide vulnerabilities (things like Linux slapper, SQL sapphire and others that have taken large parts of the internet down due to a thing far beyond the control of J. H. web Solutions), although we average 99.98% uptime. Some clients may have different uptime agreements based on their packages. In the event the network uptime guarantee is not met J. H. web Solutions will refund 5% of the client's package amount for every 2 hours of downtime after the guarantee is not met, up to and not to exceed the full amount. The network is considered unreachable if there is 100% packet loss between J. H. web Solutions and its backbone providers. J. H. web Solutions cannot provide any guarantees beyond its backbone providers.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of J. H. web Solutions. Subscriber further acknowledges that the company's liability for its own negligence may not in any event ever exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
(for all accounts) Subscribers agrees that it shall defend, indemnify, save and hold J. H. web Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against J. H. web Solutions, its agents, its subscribers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by subscriber, it's agents, employees or assigns. Subscribers agree to defend, indemnify and hold harmless J. H. web Solutions against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with J. H. web Solution's server; (2) any material supplied by subscriber infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to subscriber from J. H. web Solution's server. This means if J. H. web Solutions issued because of a subscriber or a subscriber of a J. H. web Solutions subscriber's activity, the subscriber will pay for any and all damages and associated court costs and attorneys fees that J. H. web Solutions incur. The failure of J. H. web Solutions or its suppliers to enforce this AUP, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
(for all accounts) J. H. web Solutions will not be responsible for any damages your business may suffer. J. H. web Solutions makes no warranties of any kind, expressed or implied for any service we provide. J. H. web Solutions disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, lack of customer backups, lack of data integrity and any and all service interruptions caused by J. H. web Solutions and its employees. Subscriber acknowledges that the service that is provided can be interrupted for reasons other than the negligence of J. H. web Solutions. Subscriber agrees that J. H. web Solutions cannot be held liable for any damages arising from any disruption of service that is outside the direct and exclusive control of J. H. web Solutions. Subscriber also acknowledges that the absolute limit of any liability for anything for any reason to any subscriber at all can never exceed an amount equivalent to the charges payable by the subscriber to J. H. web Solutions during the period in which damages are alleged to have occurred. J. H. web Solutions reserves the right to revise its policies at any time and will send an email to subscriber's email address when changes are made. Subscribers must adhere to the policies and changes as they are made. Subscriber agrees that continuance of business and/or lack of any response regarding policy changes will constitute agreement and adherence to J. H. web Solutions revised policies by a subscriber.
Abuse of SMTP Mail Server
If any of the email ids will misuse the mail server then J. H. web Solutions will suspend or delete his domain/reseller hosting account and J. H. web Solutions is not responsible for any claim whatsoever.
In case of any tampering done to our network security, J. H. web Solutions will take an immediate action against the respective hosting/reseller account and penal charges will be levied.
Any dispute arising in any or all matters including account opening, account closure, account suspension, refunds, compensation and whatsoever related, the aggrieved shall send a written representation to the Director of J. H. web Solutions for action and he shall alone have jurisdiction over subject on all said disputes/claims in course of activities of the company.
All disputes etc are governed by Civil Laws and Civil Courts only subject to Hyderabad Jurisdiction.
For all said purposes, this company shall always sue & be sued – upon represented by its Director and thus no such legal proceedings shall be against any other Authorities / Staff of the J. H. web Solutions.
Agreement for Web & Graphic Design Services
This agreement is between 'Client' (Purchase) and 'Provider' (J. H. web Solutions)
'Client' is engaging above named 'Provider', a sole-proprietorship, as an independent contractor for the specific project of developing a website. The 'Client' hereby authorizes 'Provider' access and "write permissions" to all directories and files of this account.
WEB & GRAPHIC DESIGN SERVICES
• Design to include web page layout: placement of text, graphics/photos, navigation links, external links and e-mail links. CSS style sheet and installation into client hosting.
• Minor updates and changes to the web site at no charge for one month beginning when the website is transferred to the internet for public viewing. Minor changes are limited to changing the wording or making general design or text corrections. 'Provider' hourly rates will apply to retyping of lengthy text, adding new text, adding new pictures, adding new pages, or any other major changes not included in the purchase.
FEES & PAYMENT
• All fees payable in INR.
• Web Design cost is variable and based on individual design.
• A down payment or full payment may be required prior to any work beginning Payments will be accepted via Cash, Wire Transfer, Visa, Mastercard, Discover, and American Express.
COPYRIGHT AND TRADEMARKS
• The 'Client' represents to 'Provider' and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to 'Provider' for inclusion in website are owned by the 'Client', or that the 'Client' has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend 'Provider' from any claim or suit arising from the use of such elements furnished by the 'Client'.
• 'Provider' guarantees that any text, graphics, photos, designs, trademarks or other artwork have received the proper rights and/or licenses to be used on the website. Use of 3rd party graphical element may require a statement at the bottom of the web page acknowledging the source of the graphical element. It is agreed by both 'Client' and 'Provider' that such statement shall remain on the website so long as the graphical element remains. Under no circumstances shall these elements be used in any other media or marketing outside the individual we site, unless 'Client' receives direct authorization from the 3rd party.
• Copyright to the finished assembled work of individual website produced and designed by 'Provider' is owned by 'Provider'. This ownership is to include rights to the design, any photos or graphics supplied by 'Provider', source code, and computer programs specifically designed for this website. Upon full and final payment of this contract, the 'Client' is assigned copyright to use on a single website the design, graphics, and text contained in the finished assembled website.
• All graphics, photos, and text provided by 'Provider' are the property of 'Provider' and may not be used in any media outside the single website without permission or transfer of rights specified in writing between 'Provider' and 'Client'.
• In the event that 'Client' or other agent acting on the behalf of the 'Client' accesses files and disrupts the layout or functionality of the website, 'Provider' can work to get the website back up and running at the regular hourly rate.
• Under no circumstances, including negligence, shall 'Provider', or any other company involved in the creation, production or distribution of the web site, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the 'Provider's' services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of nature, communication failure, theft, destruction or unauthorized access to 'Provider's' records, programs or services.
LAWS AFFECTING ELECTRONIC COMMERCE
The 'Client' agrees that the 'Client' is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend 'Provider' and it's subcontractors from any claim, suit, penalty, tax, or tariff arising from the 'Client's' use of Internet electronic commerce.
'Provider' is a developer of ethical websites. As such, 'Provider' will not design, promote, or attach links to any site that includes adult content, nudity, obscene language or that encourages or promotes intolerance or discrimination of or towards people or peoples of any race, color, sex, creed or religion. Nor will 'Provider' design, promote or attach links to any site that advocates, encourages or practices the exploitation of any group or groups in society, including, and in particular, children, the elderly or the disadvantaged.
• 'Client' agrees that 'Provider' may put a small byline link on the bottom of their web page establishing authorship credit. In order that Provider may remove their byline in the event of the design being altered, it is mutually agreed that 'Provider' will be notified of any design changes to this website.
• 'Provider' may use 'Client' web site as a sample of work in print or through a website link.
'Provider' may, during the course of providing services hereunder or in relation to this contract have access to, and acquire knowledge regarding materials, data, systems, and other information of or with respect to ‘Client’ which may not be accessible or known to the general public. Any knowledge acquired by ‘Provider’ from such materials shall not be used, published or divulged by ‘Provider’ to any person, firm or outside source without the express written consent of ‘Client’.
This constitutes the sole agreement between the 'Provider' and 'Client' regarding its web design and graphics service. This agreement shall be governed and construed in accordance with the laws of the State of Telangana, India.