Terms and Conditions
Jasar Web Solutions, LLC., a Utah limited liability company (“we”) values our clients and wish to provide them with the best possible hosting and web design experience. To offer you the best service possible, you need to accept and follow the policies and service agreement set forth below. These policies and service agreement are intended to permit our service to be available to all our clients as consistently and efficiently as possible. By subscribing to, or utilizing, our web hosting or any related services, you agree to abide by and accept these policies and service agreement.
Terms of Service Policies
Any act or attempt to undermine or cause harm to our servers, computers or clients is prohibited.
Unauthorized Use of Other People’s Accounts or Computers
Any unauthorized use or attempted use of an internet account or computer of ours or our other clients is prohibited. Such acts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.
Spamming and Harmful Activities
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, mail bombs, subscribing someone else to a mailing list without that person’s permission, hacking, spoofing, or any similar activity. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Spamming via other hosting facilities which in turn contain links to a domain on our network is also prohibited. We consider spam any mass unsolicited messages or similar activity. You may not use our services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. If we believe that you have violated this rule, we have the right to immediately, without notice, disable your domain and terminate service until we have acceptable assurance that you will abide by this rule. We similarly have the right to refuse or terminate service to you if we suspect that you will violate this policy. In addition, any site selling or promoting bulk e-mail services is also prohibited.
To the extent that any of the above mentioned actions or attempts are illegal, we will report any said acts or attempts to the appropriate law enforcement agencies and seek prosecution.
We do not allow IRC or IRC bots to be operated on our servers.
Use of our servers or services in any manner in violation of any state, local or United States law, rule or regulation is prohibited. Such prohibited use includes, but is not limited to, disseminating, posting or storage of any material in violation of any Federal, state or local law, rule or regulation. Our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, pornographic or satanic materials. Also included is the posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse or other subject matters that are prohibited under applicable federal, state or local law, rules or regulations.
We do not allow online gambling activities to be operated from our servers.
You may not use our services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging, defamatory, libelous, slanderous, scandalous, private information or injurious to persons or property which, directly or indirectly, may be used to create danger, damage or injury to persons or property, nor may you use our services or servers to inflict emotional distress, make unlawful threats, stalk, interfere with any contract or prospective relationships or engage in sexual or other harassment.
Adult Content and Child Pornography
The use of our services to store, post, display, transmit, advertise or otherwise make available child pornography and/or adult content is prohibited. We are required by law, and will notify law enforcement agencies when we become aware of the presence of child pornography on, or being transmitted through, our services. This includes sites that may provide links to such content elsewhere.
You may not use our services or servers to post or disseminate in any manner, any information or material which infringes the intellectual property rights or other proprietary rights of any third party, including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used with proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos. You shall comply with the Digital Millennium Copyright Act (“DMCA”). http://www.copyright.gov/legislation/dmca.pdf.
You may not offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes) or fraudulently use any information obtained through the use of our servers or services, including, without limitation, unauthorized use of credit card numbers. Any unauthorized use of credit card information or other identity theft activities will be reported to appropriate law enforcement agencies.
You are required to provide us with accurate contact information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about your account. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in service, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information. You can contact us at Jasar Web Solutions, 5047 Little Water Peak Drive, Riverton, UT 84096 or 801-599-6751 to keep your contact information current.
Domain Name Registration
Jasar Web Solutions offers domain name registration services. The registration fees for each domain name required by Client are payable separate and apart from website design and hosting service charges. Client may request Jasar Web Solutions to complete such registration(s) on Client’s behalf, in which case Client shall be billed separately for the applicable domain name registration fees. Alternatively, registration of domain names may be completed by Client, in which case Client assumes all responsibilities to maintain and manage the domain name and its technical aspects.
In either event, Jasar Web Solutions and Client agree that Client shall own the domain name so long as Client either pays for the domain name registration and/or renewal, or timely reimburses Jasar Web Solutions for such expenditure. Client understands that domain name registration fees are payable annually, and that failure to make timely payment prior to expiration may subject the domain name to suspension or cancellation by the domain name registrar. In the event of such suspension or cancellation Client may be subject to additional reinstatement fees and even the possible loss and subsequent registration of the domain name by a third party.
Domain Name Management Services
Provided Client contracts with Jasar Web Solutions for domain name management, administrative, technical and billing purposes Jasar Web Solutions may be named within the domain registrar’s records. Ownership of the domain name, however, shall vest with Client so long as Client shall pay the associated domain name registration and renewal costs.
Website Hosting Services
Client understands that website hosting services are separate from website design services. Client understands and agrees that additional hosting service charges may apply in the event bandwidth and file storage utilization is deemed excessive (involving seriously above average utilization). Jasar Web Solutions agrees, however, that no additional bandwidth or file storage service charges will apply without at least 30 days prior notification.
Jasar Web Solutions makes every effort to have its webserver computers operational and connected to the Internet at all times, and has a history of maintaining such connectivity more than 99.9% of the time. Client understands that there can be conditions beyond the control of Jasar Web Solutions whereby Internet connectivity may be interrupted.
In the event Client utilizes a website hosting service other than Jasar Web Solutions, Client understands that Jasar Web Solutions must have full access, including “write permissions,” to the webservers upon which Client’s website resides. Jasar Web Solutions recommends (and depending upon the design, may require) that the webservers hosting Client’s website utilize the Unix operating system, and provide current versions of PHP and MySQL.
Client also understands that in the event the scope of its website changes, to require addition of specialized services, [including but not limited to Secure Socket Layer (SSL) and encryption services and ecommerce shopping cart software], additional hosting and administrative charges may be incurred.
Client understands that timely completion of the project is a shared responsibility of both Jasar Web Solutions and Client. Jasar Web Solutions agrees to complete the project in a timely fashion, contingent upon Client supplying Jasar Web Solutions with all pertinent materials, graphics, text, photographs and such other information as may be required. Delays in Jasar Web Solutions receipt of such items will result in delays in project completion.
Jasar Web Solutions will make all attempts possible to provide quick and reliable service to the Client and clients website. If the client discovers errors within programs or web content, the Client is responsible to notify Jasar Web Solutions, if Jasar Web Solutions is the one responsible in making changes and updates to the Clients website, of such errors so they can be fixed.
Domain Email Services
In the event Client elects to utilize the website or domain hosting services offered by Jasar Web Solutions, Jasar Web Solutions also offers domain email services for Clients Domain.
The email services provided by Jasar Web Solutions are server-based, where Client’s email software accesses the server directly to send and retrieve email messages. Jasar Web Solutions also offers a web-based email service, whereby Client may send and retrieve email messages through a website based interface.
Client is advised to practice safe Internet email procedures, taking special precautions against receiving or inadvertent sending of email-based computer virus infections. Jasar Web Solutions reserves the right to restrict email sending privileges through its email servers from any domain found to be infected.
Unless otherwise agreed, Client is responsible for providing Jasar Web Solutions with raw content for the project. The term “content” shall encompass textual, graphical and photographic elements, including any existing logos, pamphlets, brochures, or other marketing materials pertinent to the project. In the case of logos or other artwork, Jasar Web Solutions requests the highest quality images available, and in electronic format if possible. It is within the scope of this agreement that Jasar Web Solutions shall make grammatical and stylistic corrections, along with artistic improvements, enhancements and embellishments to the raw content provided, as requested, needed or appropriate to satisfy the objective(s) of the website.
Photographs and Graphic Images
Any photographs or graphic images to be included in the Project need to be supplied in, or converted to, digital form. Most photographs and graphic images will require resizing, cropping, enhancement or other modification and optimization to be suitable for use in Internet websites. Photographs or other images supplied in other than digital form may also need to be scanned to digital form. In the event photography is required for the Project but not supplied by Client, Jasar Web Solutions will either locate suitable stock photographs or arrange for professional photography. Client agrees to pay all costs incurred in the acquisition of suitable photographs, including any mileage and/or travel expenses. The time involved in obtaining photographs, including travel time, shall be charged at Jasar Web Solutions standard hourly rate, or such other rates as charged by the photographer(s) involved in the project.
Subcontracting or Assignment of Portions of Project
Jasar Web Solutions reserves the right to assign subcontractors to such portions of the project as Jasar Web Solutions may see fit, in order to insure timely completion of quality work. Compensation and supervision of such subcontractors, if any, shall be the responsibility of Jasar Web Solutions, unless other arrangements are mutually agreed upon between the Parties. If a Non-Disclosure Agreement has been (or shall be) executed by the Parties, any subcontractors assigned by Jasar Web Solutions shall be required to execute similar Non-Disclosure Agreements protecting the interests of Client. All subcontracted services will be included unless otherwise noted on the cost estimate contract or any addendum thereof.
Copyrights and Trademarks
Client represents to Jasar Web Solutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Jasar Web Solutions for inclusion in web pages are owned by Client, or that Client has permission from the rightful owner(s) thereof, to use each of these elements. Client specifically agrees to hold harmless, protect, and defend Jasar Web Solutions and its assigns or subcontractors, if any, from any claim or suit which may arise from the use of such elements.
Storage of Files on Webservers
Client understands that Jasar Web Solutions web server computers are intended to store files for delivery in connection with the website(s), and are specifically not intended as archival storage facilities for other files or images. Files or images stored on the webserver, and not referenced or linked to by the website(s) are subject to deletion. Any files or images belonging to Client not directly referenced by the website(s) should be stored and/or archived offline. Any and all uploaded files to the website(s) by Client must be backed up on Clients own machine offline.
Compliance With Laws
Client is solely responsible to make certain that its website(s) is/are at all times in compliance with all applicable laws, particularly as to the collection, reporting and payment of sales taxes, use taxes, value-added taxes, or other taxes and tariffs related to Internet electronic commerce. Client warrants that it is familiar with any and all such laws in the cities, counties, states or countries or other localities which may claim jurisdiction over any commerce which may be conducted through its website(s). Client also agrees to indemnify, protect, defend and hold harmless Jasar Web Solutions, its subcontractors or assigns, from any claims, suits, liability, taxes, tariffs penalties, losses, damages, costs, expenses, attorneys’ fees, causes of action resulting from Client’s business operations or failure to comply with laws related therewith.
Our services are sold on a pre-paid basis at the agreed upon rate at the time of ordering. If you fail to promptly pre-pay, we will terminate your service.
Although you may cancel your account at any time by giving us written notice of cancellation, there shall be no refund of any pre-paid amounts covering services up to the date of cancellation. You are responsible for all fees associated with your account up until the time of making a cancellation request, see complete details below. All payments are to be made in U.S. currency. Domain Registration & SSL certificate fees are non-refundable .
You will be charged a $25 processing fee if any check given to us is not honored and paid. If you cause any credit card payment to be reversed there will be a $40 processing fee. In the event you violate any of our above policies and your service is terminated, in addition to all other fees, you will be charged a $100 investigation and research fee. There is a $50 processing fee to reinstate an account closed due to non-payment, this fee does not guarantee the data on the account prior to termination will be retrievable.
If design work is to be done then 50% of the total amount estimated shall be paid prior to any work. The balance of the agreed project cost shall be paid on completion or when the site becomes “live” for use by the public or clients internal use.
To make a cancellation request, you will need to give written notice. You may mail a cancellation request to Jasar Web Solutions, 5047 Little Water Peak Drive, Riverton, UT 84096. You must include your Account Domain Name for the account which you wish to cancel hosting. We cannot accept cancellation requests over the phone for security reasons.
In addition to the service terminations specifically herein provided, we reserve the right in our sole discretion to refuse or terminate service to anyone at any time. We may, but need not, give advance notice of such termination or of a suspected Violation of any of our policies. Such notice may, but need not, contain such warning, suspension or possible account terminations as we from time to time in our sole discretion determine advisable. We also reserve the right to remove materials from your web site at any time if we determine in our sole discretion that such content or materials violates our policies or this service agreement. Any pre-payment of an account that is terminated due to our determination of a violation of one or more of our policies will not be refunded. You agree to pay to us our costs, including reasonable attorney fees, incurred as a result of our investigation and/or defense of any third party claiming that your Web site violates or infringes on their rights. We have the right to require pre-payment of such fees. We are, however, under no obligation to conduct any investigation and may, if we choose, terminate your service upon receipt of such third-party claim or upon our own action. In the event of a termination of services, your files and data stored on our computers will be deleted.
Terms of Data Transfer (Bandwidth)
Our costs and service fees are based upon anticipated and actual amounts of data transfer (bandwidth utilization). Exceeding anticipated levels of bandwidth utilization increase our costs of operation, and hence affect the charges applicable to your use of bandwidth. If you exceed the data transfer limit of your account you will be notified to resolve the situation and be given options for upgrading your account. E-mail warning notices will be sent upon approaching your limit. Once the limit is hit, data transfer will be stopped.
The use of your account must be reasonable, you may not place excessive burdens on our servers. If you use a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources) at our election, you will be given an option of either upgrading the service level or reducing the resource usage to an acceptable level, or your use of our servers may be limited.
Depending on the service plan your account is on it will have either a shared or dedicated IP address associated with it. We cannot guarantee this IP address will never change. We make a reasonable effort to avoid IP address changes but due to many factors including network changes its not possible to guarantee. To the extent possible we will provide advance notice, by email, of any static IP address changes which will affect your account.
We provide account management applications for the explicit use of our clients and their accounts with us. Any usage of the applications outside of the management of your account or intended use of the applications is prohibited
Website Software / Applications
ALL SOFTWARE APPLICATIONS WE PROVIDE TO YOU ARE “AS IS,” AND WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, AS TO THEIR PERFORMANCE. WE ARE NOT RESPONSIBLE FOR ERRORS, INTERRUPTIONS IN SERVICE, OR LOSS OF DATA AS A RESULT OF YOUR USE OF THESE APPLICATIONS. YOU USE THEM AT YOUR OWN RISK.
All software applications we provide to you may only be used in conjunction with your use of our services. They remain our intellectual property, or that of our suppliers, including documentation and help files. Your use of such software is on a non-exclusive basis. Such applications remain protected by copyright laws, other intellectual property laws, and by international treaties. You may not (1) modify or use them with derivative works, including translation or localization or (2) reverse engineering, recompilation, disassembling or make any other attempt to derive the source code for any such application. Upon termination of your account you may no longer use any such applications which we may have provided to you.
Copyright to Work Product
(A) Graphical, Photographic and Textual Elements:
Copyright to the work product of Jasar Web Solutions described and produced hereunder, including also the work product of subcontractors or assigns (if any), whether complete or in an incomplete form, shall vest with Jasar Web Solutions. Subject to full payment of any and all monies due hereunder, and subject to any third party claims of copyright, Client shall be granted license to use the complete assembled website project, including the graphical, photographic and textual elements thereof, as a world wide web site for such commercial or non-commercial purposes as Client may desire. Such license shall be Non-exclusive, meaning that Jasar Web Solutions shall not be prohibited from using any part of the completed project for other projects they may do for a third party or third parties except for photographs and/or textual content specifically provided by the Client.
(B) PHP Scripting and Database Design Elements:
Jasar Web Solutions is skilled in the use of PHP scripts and the development of Internet accessible databases, allowing website projects to be highly dynamic and interactive. Certain techniques and algorithms utilized therein are proprietary to Jasar Web Solutions. Copyright to any PHP script source code and any database design work of Jasar Web Solutions described and produced hereunder, including also such work product of any subcontractors or assigns (if any), whether complete or in an incomplete form, shall vest with Jasar Web Solutions. Subject to full payment of any and all monies due hereunder, Client shall be granted a non-exclusive license to use the PHP scripting and database design elements thereof.
(C) Database Information, Trade Secrets:
Any database information which is specific to Client and Client’s business operations, and which may be accessed through any database design work product covered hereunder, shall be owned exclusively by Client, and shall be treated and protected by Jasar Web Solutions as trade secrets of Client. Any such information which may appear in any database to which Jasar Web Solutions my have access, shall be respected as covered by a standard non-disclosure agreement, whether or not such an agreement has been executed by the parties.
(D) Flash Animations:
Copyright to any Flash Animation presentations or design elements shall vest with Jasar Web Solutions. Subject to full payment of any and all monies due hereunder, unless otherwise specified herein, Client shall be granted a non-exclusive license to use any Flash Animations developed as an integral part of the website project. To the extent that Client may own the copyright in any images incorporated into such Flash Animations, Client shall retain said copyright.
Rights to photos, graphics, source code, work-up files (.fla files), and computer programs are specifically not transferred to Client, and remain the property of Jasar Web Solutions or their respective owners. Unless otherwise specified by Client, without revealing any trade secrets of Client, Jasar Web Solutions retains the right to include Clients project(s) in its portfolio of work, and to show the work product developed hereunder as illustrative examples of its work.
You agree and promise to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our clients, our officers and our employees, that may arise, result, or be threatened as a result of your actions, property or services sold or licensed by you, or the actions of your employees, agents or assigns, including, but not limited to: (1) any injury to person or property caused by any products sold or distributed in association with our services; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) your copyright infringement; (4) any defective products sold by you that are connected to our servers or services; (5) investigation of any alleged violations of our policies.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A RESULT OF OUR ACTION OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH DAMAGES.
We reserve the right to revise, add to or modify the above policies or service agreement at any time. We have the right to terminate your account or restrict its use if we believe you have violated or may violate any of our policies.
Governing Law and Jurisdiction
The validity and effect of our policies and service agreement shall be governed by and construed and enforced in accordance with the laws of the State of Utah, without regard to its conflicts of laws principles. Any suit, action or proceeding concerning our policies and/or service agreement must be brought in a Utah State court located in Salt Lake County, Utah, and you hereby irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
These Terms and Conditions of Use may change without notice.