ACCEPTABLE USE POLICY

An  Acceptable Use Policy (AUP) is a set of rules and conditions systematized by a network, system or a website owner that define and restrict the ways in which the network, system or website may be utilized.

The AUP of jimdesign, which is owned by No 9 titosam, is aimed at explicitly outlining the purposes for which customers CANNOT use our hosting services and position data on our network servers.

This Acceptable Use Policy (AUP) is accepted as part of the Web Hosting Terms of Service each user agrees to abide by when signing up for an account with our hosting services. Any violation of these AUP terms will be considered as violation of our Web Hosting Terms of Service.

We - jimdesign, shall be the final part to determine whether an act constitutes a violation of this AUP and misuse of our services. We reserve our right to respond accordingly and/or immediately terminate the provision of the services, shall we become aware, and/or have sufficient evidence, of any prohibited conduct outlined in this AUP, or any other action threatening the secure environment of our hosting customers and/or network of servers. We shall be the sole arbiter in determining the sufficiency of the present evidences.

In order to protect our company's reputation and responsibilities, and guarantee robust and reliable hosting service to all our customers, as well as the privacy and security of all our individual users, we - jimdesign - hereby state the following AUP conditions to come into force for each user signing up for a web hosting account with our hosting services:

System Abuse

Spam and Spamvertizing

Inappropriate or Unlawful Content

Copyrights

Corrective Actions

Reporting Violations

Revisions

1. SYSTEM ABUSE

Any customer in violation of our system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following:

- Unauthorized access, use, probe, or scan of our system's security, authentication measures, data or traffic. Interference with the service to any user, host or network including, but not limited to: e-mail bombing, flooding, deliberate attempts to overload the system and broadcast attacks, forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.

- Any attempt at doing harm to a server or a customer of jimdesign services:

jimdesign will immediately and resolutely react to any attempt at misuse of an Internet account or computer, or any attempt to gain access to an internet account or computer by a jimdesign customer unauthorized by the account/computer owner. Such attempts include, but are not limited to the following: 'Internet scamming' (tricking other people into releasing their passwords, etc.), password robbery, security hole scanning, running proxy - proxy lists and any kind of proxy scripts (including, but not limited to php proxy and nph proxy), introducing of any computer programs (viruses, Trojan horses, trap doors, back doors, worms, time bombs, packet bombs, cancel bots, etc.) that are intended to negatively interfere with, intercept, irreversibly damage or take hold of any system, data or personal information. It WILL NOT matter whether the attacked account or computer belongs or not to jimdesign services. The fraud will be subject to actions based on the very nature of the attack and those may represent a warning, an account suspension or cancellation, and/or civil or criminal legal actions.

- Background operations/programs on servers:

'Background process' is a program that runs in the background of the operating system. What is specific for a background process is that, once started, it runs simultaneously with other foreground processes. This means that, the shell executing the background operation does not wait for it to finish or terminate, as it does with foreground processes, but is free to start executing more operations along with the background one. Typical background processes are ircd, irc bot, bnc, and many others.

Background processes are not permitted on any of our cloud and shared hosting servers, as they usually lead to CPU overload and can be used for malicious and/or illegal actions. As our primary task is to provide highest quality web hosting service to all our customers, we cannot permit any background processes to be executed and threaten the performance of our server network. Our cloud and shared hosting system does not allow a big multitude of users to simultaneously use the system memory and processing time of our servers.

- Excessive use of system resources:

In order to ensure higher server performance and quality of hosting service all cloud hosting plans are subject to certain resource limitations concerning, but not limited to, server CPU usage, Memory usage, disk-space and traffic. If a hosting account exceeds the allowed amount of system resources the account owner will be immediately notified to take actions in order to decrease the usage. If such action is not instantly taken by the owner the account will be suspended. If an excessive CPU usage is detected the account owner will be offered to place an order for a CPU usage upgrade or upgrade to a plan which allows higher CPU usage.

If any hosting account is found to be causing degradation of the server and/or our hosting network's performance, regardless of the reason, the account will be subject to suspension or immediate removal, depending on the situation. jimdesign will be the sole arbiter in determining whether a given account is excessively using the server resources and/or causing server degradation.

 

Generally. You may not use, or encourage, promote, facilitate or instruct others to use, the Service Offerings or Site for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.

 

Illegal Activities. Any illegal activities, including advertising or making available gambling sites or disseminating, storing or promoting child pornography. You may not use Service Offerings in the commission of any crime that violates the laws of any local, state, and federal government of the United States of America. Violations of this provision may result in us making your information and information about your service and your use of our Service Offerings available to law enforcement with or without your consent or knowledge. This includes material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

 

Harmful or Fraudulent Activities. Activities that may be harmful to others or our operations or reputation, including promoting or disseminating fraudulent goods or services or schemes, including ponzi or pyramid schemes, phishing, or pharming, or engaging in deceptive practices, or obtaining or attempting to obtain Service by any means or device with intent to avoid payment.

 

Offensive Content. Content that is defamatory, grossly offensive, obscene, abusive, an invasive of privacy, or is otherwise objectionable, including content that exploits children or constitutes child pornography, relates to bestiality, expresses bigotry or hatred, constitutes harassment, or depicts non-consensual sex acts. This includes material that defames, abuses, or threatens any person or group. Content including nude art, pornography, sex-related merchandising and links to such sites elsewhere that are permitted by the laws in the city of Kansas City, the state of Missouri and the country of the United States of America comply with acceptable use.

 

Harmful Content. Content, software or computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data, including viruses, trojan horses, worms, time bombs, or cancelbots are strictly prohibited. Piracy, hacking, cracking, phreaking, warez, pyrotechnics, exploitive software and texts or communications that educate or encourage this activity and/or use are also prohibited.

 

 

No Security Violations. You may not use Services Offerings to violate the security or integrity of any network, computer, communications system, software application, network or computing device (each, a "System"). Prohibited activities include: (i) Accessing any System or account or computer resource without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System; (ii) Monitoring data or traffic on a System without permission; (iii) Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin; and (iv) Alteration, destruction, or any attempt thereof, of any information of jimdesign customers or end users by any means of device. This prohibition includes the use of aliases or anonymous remailers.

 

 

 

No Network Abuse. You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them. Prohibited activities include: (i) Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; (ii) Denial of Service (DoS) - Inundating a target with communication requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective (e.g. synchronized number sequence attacks); (iii) Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, unsolicited bulk emailing, initiation of pinging, news bombing, broadcast attacks, stress testing, port scanning, or flooding techniques; (iv) Operating network services like open proxies, open mail relays, or open recursive domain name servers; (v) Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions; (vi) Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue; (vii) IRC websites and IRC servers are prohibited; (viii) You may not upload ROMs and Emulators; (ix) You must contact us prior to installing a CDN within our infrastructure. "Shared Resource" CDN's are strictly prohibited.

 

 

Allowed Files For Shared Hosting. Only website files are allowed on our server, you cannot use it for storage or streaming. These files would be deleted from our servers to time. .zar, .tz, .zip, .mp3, .mp4 and other related files to zips, audios and videos.

 

 

2.  SPAM & SPAMVERTIZING

SPAMMING IS PROHIBITED. Users MAY NOT utilize our hosting services to transmit, distribute or deliver any unsolicited bulk or commercial messages over the Internet (an action known as "spam" or "spamming").

Spamming is a violation of ethic norms and will be interpreted as an infringement. jimdesign will not tolerate the sending of unsolicited bulk or commercial messages through our services, as well as through another service that is mentioning, in some way, our customer's domain name or implies the utilization of our network or our e-mail services for sending the unsolicited bulk or messages.

SPAMVERTISING IS PROHIBITED. 'Spamvertizing' refers to the practice of sending unsolicited spam messages for the purpose of advertising a particular website.

If such e-mails are relayed through 3rd party (e-mail spoofing) and/or are promoting a domain hosted on our servers, this will lead to immediate account suspension unless an evidence of legitimacy for non-involvement of the domain owner in the particular illegal action is provided.

'E-mail spoofing' is a fraudulent e-mail activity in which the sender's (3td party) e-mail address and other parts of the e-mail header are changed so as to appear that the e-mail has been sent from a different source (e-mail address owner/server).

'Unsolicited message' is a message that is sent against the privacy policy of a newsgroup, or is sent to a recipient without their explicit permission. We, at our sole discretion, shall determine whether any of the messages you are sending is spam or spamvertizing. For your information, spamming generally includes, but is not limited to the following

Sending of unsolicited messages in bulk, or sending of unsolicited e-mails, which provoke complaints from recipients;

Sending of junk mail;

Use of distribution lists that include people who have not given prior explicit permission to be involved in such a distribution process;

Posting commercial ads to USENET newsgroups that do not permit it;

Posting articles containing binary encoded data to non-binary newsgroups;

Excessive and repeated posting of off-topic messages to newsgroups;

Excessive and repeated cross-posting;

E-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting of any threatening, libelous or obscene material, or material of any nature that may be deemed offensive;

E-mailing of age-inappropriate communications or content to anyone under the age of 18.

 

No Unconfirmed Mailing Lists, Unsolicited Bulk E-Mail or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass/bulk e-mail ("UBE") or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this AUP or the acceptable use policy of that provider. You will not reference Us in any unsolicited email that you send. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any < jimdesign > hosted domain, or referencing any jimdesign account, is prohibited.

 

 

 

3. INAPPROPRIATE OR UNLAWFUL CONTENT

CONTENT published or transmitted via jimdesign's hosting services includes website content, email content, forum/blog postings, chat content, and/or any other type of content hosted on our servers, published online or transmitted through our network's services.

The user of our services is NOT permitted to post online content or have links to content that:

is defamatory, abusive or obscene, violates a person's reputation/privacy, is reasonably deemed offensive by the web community, is anti-religious or anti-human rights, or contains any type of threatening or hate speech, encourages harassment or physical harm to any group or individual, or is otherwise malicious/fraudulent and may result in complaints/liabilities/or retaliation against jimdesign by offended viewers;

Promotes or encourages illegal activities (e.g. illegal drugs, illegal gambling, arms trafficking, etc.) or violates any applicable law, statute, ordinance or regulation, including but not limited to the laws and regulations governing export control, unfair competition, false advertising, consumer protection, etc.

represents pornography - any type of pornographic/adult material, including child pornography, or advertisements of pornographic websites;

represents infringement on copyright, patents, trademarks, trade secrets, or third party's intellectual property or proprietary rights, including pirated computer programs, hacking/phreaking software, warez or any type of software/content (including also ROMs, ROM Emulators, media files - MP3, AVI, .RM, etc., torrent files, and others) that is copyrighted, is NOT uploaded in compliance with its license agreement or is NOT freely available for distribution.

 

 

 

4. COPYRIGHTS

Copyrighted material must not be placed on Customers' accounts without the explicit permission of the copyright owner or a person specifically authorized to give such permission by the copyright owner. Upon receipt of a claim for copyright infringement, or a notice of such violation, we will immediately run full investigation and, upon confirmation, will promptly remove the infringing material from the Services. Further procedures (in accordance with our stated below corrective measures) will be carried out if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.

 

 

5. CORRECTIVE ACTIONS

We reserve our right to be the sole arbiter in determining the seriousness of each infringement and to immediately take corrective actions.

We will disable the customer's account if we deem necessary, at our sole discretion. Upon closing of the customer's account we will send an e-mail notification to the customer, stating the reason for the termination and quoting our terms' chapter that has been violated. The customer will be given an opportunity to respond and take measures to remedy the situation should he/she consider him/herself abused by a third party. Upon fulfilling of this obligation, we may re-activate the customer's account, if we find, at our own discretion, sufficient evidence pro customer's side.

Closed accounts due to repeated violations will not be re-activated. A backup may be requested, however it will be subject to certain penalty fees imposed according to the breach of this AUP terms. The final penalty fee will be determined by the type and frequency of the violations.

 

 

 

6. REPORTING VIOLATIONS

If you need to report a violation of this AUP agreement or believe that you or your system has been subject to attack originating from our system, please contact us immediately. Our team will fully investigate the situation and provide you with professional assistance.

 

 

7. REVISIONS

We reserve our right to change this AUP at any time, without prior notice. We encourage our users to periodically review this Acceptable Use Policy and our Web Hosting Terms of Service.

 

This is an Agreement between You - the Customer, and the following company - Fatech Team Global LLC. All billing and hosting services are rendered by Fatech Team Global LLC (billing operations will be handled here). For the sake of brevity, Fatech Team Global LLC will be referred to as 'Freehostingresell' in this document.


 

This Agreement explicates the terms and conditions that You - the Customer, agree to abide by when signing up for a free account with our company, as well as the responsibilities included in our business partnership and the basis upon which all transactions between You and Freehostingresell will take place.


 

The Effective Date of this agreement shall be considered to be the date on which you - the Customer, completed the signup process of Freehostingresell's FREE Program.


 

Whereas, Freehostingresell is a fully-operational Internet web hosting and domain registration company; and whereas, the Customer desires to purchase web hosting and/or domain name registration services, as well as any other services or products that may be available from Freehostingresell.


 

Therefore, Freehostingresell and the Customer agree as follows:


 

 

1.     Freehostingresell's SERVICES


 

Freehostingresell grants the Customer a non-exclusive, non-transferable license to offer its Services worldwide. The Services are subject to Freehostingresell's Web Hosting Terms of Service. These Web Hosting Terms of Service are an integral part of the Customer Agreement.


 

 

2.     PERSONAL DATA PROCESSING


 

As used in this Reseller Agreement, “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.


 

For clients who sign up through the Customer store templates, Freehostingresell will act as both the Data Controller and the Data Processor. This will be clearly noted in the Privacy Policy, which will be provided to the client at the moment of registration.


 

In cases where the Customer manually signs up a given customer, be that via the Customer store templates or via the Reseller Control Panel, they must provide that client with all the necessary documentation and legal agreements. Freehostingresell will still assume the roles of both Data Controller and Data Processor regarding the Personal Data associated with the account.


 

For clients who sign up for the services through the API, Freehostingresell will act only as the Data Processor, whereas the Customer will assume the role of the Data Controller. In such cases, the Data Processing Agreement (Appendix A) of the Reseller API Agreement will govern the processing of Personal Data.


 

If you collect Personal Data related to the services provided under this Reseller Agreement, You will provide a clear and conspicuous privacy notice to such individuals that accurately describe what you collect and process, in compliance with the applicable laws.


 

If, at any time, the Data Protection Laws require any further steps to be taken in order to permit the collection, the processing or the transfer of Personal Data as envisaged under this Agreement, then You will take all the steps required by Freehostingresell (including, when necessary, entering into contractual clauses with Freehostingresell) to ensure that the transfer of the Personal Data meets the Data Protection Laws’ respective requirements.


 

 

3.     SERVICE BRANDING & MARKETING RIGHTS


 

Freehostingresell authorizes the Customer to co-brand the Services by using Freehostingresell's name along with the Customer's PRIVATE BRAND name and logo.



 

Customer store templates- Freehostingresell gives the Customer the possibility to use ready-made turn-key website templates to set up his/her own Customer Store(s). The templates contain customizable areas and can be edited by the Customer to his/her own individual website concept with certain limitations.



 

You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of Freehostingresell.


 

The images are used purely for demonstration purposes and are meant to give the visitor a functional preview of what the theme will look like once content has been added. The images have been licensed for use solely by Freehostingresell and should not be used by anyone else unless a specific permission is sought and obtained from Freehostingresell. You are responsible for adding your own images.


 

Our products are provided "as is" without warranties of any kind (express, implied, etc.). In no event will our juridical person be held liable for any damages (including, but not limited to, direct, indirect, special, incidental or consequential damages) or losses arising out of the use of (or the inability to use) our products.



 

Marketing Rights- Freehostingresell also gives the Customer the right to build his/her own marketing strategies and market his/her products and services according to his/her own individually conceived marketing concept and preferences. The Customer may use any marketing approaches and means of popularizing the Services (forums, blogs, social networks, personal or business websites, printed media, etc.), as long as those do not include any publications contradicting to the common online ethics and allowed online activities, and do not constitute an infringement of any copyrights, or other rights of third parties, or a violation of any applicable law and/or terms or agreements explicated in this document and its coherent policies.


 

 

                         
 

 

4.     SERVICE PRICING


 

The Customer acknowledges that all prices, discount rates and transaction fees are subject to change. Freehostingresell will provide its Services to the Customer according to the Freehostingresell's Wholesale Price Catalog available at our website's web hosting plan pages. Selection of services and setting of retail prices can be done by the Customer from his/her Customer Control Panel.


 

 

5.     SERVICE PAYMENT


 

The Customer authorizes Freehostingresell to charge each customer purchasing a service through his/her Store with the exact service price amount (in the currency) designated by the Customer.



 

Fraudulent Transactions- The Customer agrees to hold Freehostingresell unharmed and to indemnify Freehostingresell for transactions processed by Freehostingresell on behalf of the Customer that are fraudulent in nature. Such fraudulent transactions can result from, but are not limited to: misrepresentations during the web hosting and domain registration process, or the use of stolen or misappropriated credit cards.


 

Billing Fees- The fees incured when processing a payment will be shared among the customer and the reseller whose website is being purchased from. In the case where the order is made from jimdesigndomain.com then all the billing fees will be bore by the customer who is paying for the item.  


 

 

 

 

6.     RESELLER WALLET


 

Each reseller account has a digital wallet which can be used to facilitate the purchase of services from that account.


                         
 

Funds in the reseller wallet CANNOT be withdrawn or used for purposes other than the purchase of services from a reseller account.


                         
                         
                         
 

 

7.     CUSTOMER COMMISSION


 

The Free Reseller Program gives the Customer an option to earn a Weekly commission, the amount of which depends on the sales he/she has made for the period of one week (the week prior to the week of the commission payment release date). The commission amount is calculated per sold single service (hosting plan, domain name, and upgrade) on the basis of a simple formula:


 

[retail price - wholesale price = commission due]


 

The due commission represents the net difference between the wholesale cost and the retail cost of all services sold within a week. Freehostingresell deducts no billing fees or customer charges from that amount and sends it as it is to the Customer.

 

 

The minimum amount for payment of the customer commission is $5.00 US. If the Customer chooses bank wire as a payment method, the minimum customer commission will become $50.00 US.


 

 

8.     2nd TIER AFFILIATE PROGRAM


 

An affiliate commission of 5% will be added to the Customer's commission from the wholesale price of each hosting account sale made by a Customer (or each purchase of a dedicated server service made by a Customer) referred by you to Freehostingresell through our 2nd Tier Affiliate Program.


 

The 2nd Tier Affiliate Program does not include affiliate commissions for sold domain names. In the event of a refund or a fraudulent sale of the affiliated customer (or dedicated services customer), the 5% affiliate commission for the respective transaction will be deducted from the commission payment of the Customer.

 


                         

 

9.             CHARGEBACKS, MONEYBACK & REFUNDS



 

Chargeback Policy- In the event of a claimed chargeback where no reverse payment procedure can be initiated, the respective customer hosting account will remain suspended and a $30 USD fee will be withdrawn from the commission of the Customer, whose client's account has been the reason for the chargeback (in order to be covered the fees imposed to Freehostingresell from our authorized retailers for the claimed unauthorized transaction).


 

Money Back Guarantee- If a Customer that's purchased web hosting and/or domain name services decides to cancel his/her account, for any reason, within 7 days of the payment date of the account, he/she is entitled to a full refund of the amount charged for his/her web hosting plan service. All domain registration/transfer services, however, are final, do not include money back guarantee. The Customer will be required to deposit a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer before receiving the refund for his/her hosting account.


 

Refunds- If a refund has been requested and completed, the profit for that particular transaction will be deducted from your commission. If the given customer has received his/her refund, however Freehostingresell has already paid you the commission for the transaction, then Freehostingresell will deduct the exact commission amount for that sale of yours from your next week's commission payment.



                         
                         
                         

 

Freehostingresell may inform the Customer of expirations of services at the e-mail address given in the Customer's account profile. In case that a service is not renewed in due time, Freehostingresell may inform all mailboxes dependant on that service (hosted in the customer's account), in order to secure a trouble-free performance of the Customer's website/domain and related services. The Customer's email address pointed in the 'Contact Us' section of his/her website template will be given as a Service Provider contact. In case that the 'Contact Us' section of his/her website template does not contain an email address for contact, the following mail address will be used: support@jimdesigndomain.com.


                         
                         
                         
 

 

10.                       TECHNICAL SUPPORT


 

Freehostingresell will provide technical support to the Customer and all his/her customers via any of the following support channels: live chat, ticketing system. Customers may choose also to provide support to their customers themselves.


 

 

11.                       NOTICES


                         
                         
 

The Customer agrees that all notices (except for notices concerning breach of this Agreement) from Freehostingresell to the Customer may be posted on our web site - http://jimdesigndomain.com. Notices concerning breach of this Agreement will be sent either to the e-mail address that the Customer has provided in his Customer profile or mailed by first class mail to the postal address that the Customer has on file with Freehostingresell In both cases, delivery shall be deemed to have been made five (3) days after the notice has been sent. Notices from the Customer to Freehostingresell should be made by e-mail sent to the address provided on our web site.


 

 

12.               PRIVACY


 

The Customer agrees to abide by the Privacy Policy of Freehostingresell in his/her dealings with customers and others, and to post the Privacy Policy on the Customer's website HOME page. Failure to comply with the Privacy Policy of Freehostingresell will be deemed a breach of this Agreement.


 

 

13.          RESTRICTION / REFUSAL OF SERVICE


 

The Customer agrees that Freehostingresell, in its sole discretion and without liability to the Customer, may terminate this Agreement if the Customer is found to be using Freehostingresell's Services in association with unsolicited commercial e-mail (SPAM) or morally objectionable activities. Morally objectionable activities may include, but are not be limited to: activities that are in nature defamatory, embarrassing, harmful, abusing, threatening, slanderous or harassing third parties; activities prohibited by any applicable law of the United States and/or foreign territories in which the Customer conducts business; activities designed to encourage unlawful behavior of others, such as hate crime, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. Please, view our Acceptable Use Policy (AUP) for more information on this matter. In the event that Freehostingresell terminates this Agreement for SPAM or any morally objectionable activity described in this document and/or our AUP, no refund payment will be issued to the Customer and/or his customer(s).


 

 

14.                       NO SOLICITATION


 

The Customer agrees that he/she will NOT approach Freehostingresell's employees with proposals to hire them as his/her own employees or contractors. If the Customer were to hire any of Freehostingresell's employees, the Customer agrees to pay Freehostingresell - for each employee hired - the greater amount of a three years salary that the Customer is to pay that employee or $100 000 USD.


 

 

15.                       LIMITED LIABILITY


 

Freehostingresell shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Customer Agreement, the Domain Name Registration Agreement, and/or any services and products that the Customer may choose to resell, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if Freehostingresell has been notified of the possibility of any claims. Freehostingresell's liability is limited to the extent permitted by law in states that do not allow the exclusion or limitation of liability for consequential or incidental damages. In no event shall Freehostingresell's maximum liability exceed the total amount paid by the Customer for the Service or the product.


 

 

16.                       CUSTOMER ANNOUNCEMENTS


 

Freehostingresell agrees to contact the Customer via email or ticketing system in relation to any customer's case that requires a feedback from the Customer and reserves the right to take measures to resolve the case if no response is received by you the Customer within 48 hours of the email/ticket submission.


 

 

17.                       MODIFICATION


 

This Agreement and its coherent policies (the Web Hosting Terms of Services, the Acceptable Use Policy and the Domain Name Registration Agreement) are subject to change. Freehostingresell reserves its right to modify these policies upon need without prior notice. All such changes will be announced on our website: http://jimdesigndomain.com. Therefore, customers are encouraged to periodically review these Terms and Agreements, as well as our news postings, in order to have always up-to-date and applicable policy information.


 

 

18.                       TERMINATION


 

The Customer may terminate this Agreement and his/her customer account at any point. However, if the Customer has active customer accounts signed up through his/her customer store(s), the Customer needs to send a notice to Freehostingresell 30 days prior to the termination date of his/her account, either by sending a ticket from his/her Reseller Control Panel or by e-mailing to support@jimdesigndomain.com. This is requested in order for Freehostingresell to have the opportunity to transfer all active customer accounts of the Customer (the entire Customer's customers default in such cases to Freehostingresell) and ensure that the customers' websites (domains), FTP, private DNS and e-mail services will not suffer an unexpected downtime.


 

 

19.                       ASSIGNMENT


 

The Customer may not assign its rights or duties under this Agreement to another individual or entity without the expressed written consent of Freehostingresell, which will not be unreasonably withheld. Freehostingresell may assign its rights and obligations under this Agreement without prior notice, as long as the Service continues to operate as outlined in this Agreement.


 

 

20.                       SEVERABILITY


 

The provisions of this Agreement are severable. If any part of the Agreement is found to be unenforceable, invalid, or void, then that part will be interpreted in accordance with the applicable law as closely as possible in line with the original intention of both parties of the Agreement. The remaining provisions of the Agreement will remain in full force and effect.


 

 

21.                       ENTIRETY


 

This document and its coherent policies (Freehostingresell's Web Hosting Terms of Service, Acceptable Use Policy and Domain Name Registration Agreement) constitute the entire agreement and contract between the parties mentioned herein (Freehostingresell and the Customer of our Services), and supersedes any and all prior and contemporaneous, oral, or written representations, communication, understandings, and agreements between these parties with respect to the subject matter reviewed herein.

 

REFUND POLICY

 

jimdesign accounts are set up on a prepay basis. jimdesign's Customers may decide to cancel their accounts at any time; however they will get a full refund of the service only if the cancellation request is made within 7 days of purchasing of the account, according to our Money Back Guarantee Policy.

To cancel an account, the Customer needs to send a support ticket to our Sales Department and provide any authentication credentials requested by jimdesign. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses) offered to the Customer upon sign-up will be also cancelled.

Domain name registrations/transfers, service upgrades, vps, addons, dedicated servers and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon Customer request. The Customer will have the possibility to transfer his/her domain away to another host.

Late cancellations, as well as accounts cancelled by jimdesign due to TOS violations (where the Customer has decided not to fix the violation) do not qualify for the 7-daymoney back guarantee.

All credit requests for VISA, MasterCard, American Express, and Discovery payments are processed within 48 hours of the submission of the refund request (by ticket, as mentioned above). The funds will be credited back to the Customer's credit/debit card and affect the Customer's credit/debit card balance in accordance with the credit/debit card issuer's terms of service OR THE PAYMENT METHOD USED.

All credit requests for PayPal payments are processed within 48 hours of the submission of the refund request (ticket, as mentioned above). The funds will be credited back to the Customer's PayPal account and affect Customer's PayPal balance in accordance with PayPal's terms of service.

 

MONEY-BACK GUARANTEE POLICY

jimdesign offers a 7-daymoney back guarantee. If, for any reason, the Customer is dissatisfied with our shared hosting services, we will refund their hosting fees at any time during the first 7 days after the signup date of any hosting account the Customer has purchased from us. The Customer can submit a refund request in a trouble ticket from the Web Hosting or Reseller Control Panel, and receive full refund for any hosting plan the Customer has purchased from us within 7 days of the payment data of the account.

SSL certificates, as a third party service, are not covered by the 7-day money back guarantee, which jimdesign provides for its web hosting services. An SSL certificate is eligible for refund for a 7-day period after the original purchase.

All recurring payments and all payments made via Western Union, Bitcoin or bank wire are non-refundable and are not subject to the 7-day money back guarantee.

 

NON-REFUNDABLE SERVICES

Non-Refundable Services: all service upgrades, wallet refills , addons, dedicated servers, vps and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.

All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain's TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to a Customer in accordance with our 7-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer's web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by jimdesign is located in section 3 of this legal document.

 

CHARGEBACKS

Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at jimdesign will be subject to full investigation.

When signing up for a web hosting service with jimdesign, Customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service. Thus, jimdesign, as well as our authorized payment service providers, will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.

If/When a chargeback report is received, the first step of our jimdesign team will be to try to contact the Customer. Meanwhile, the Customer's account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.

If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and eventually the account will be re-activated.

If the Customer has sent a chargeback request based on groundless argumentations (according to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service and the AUP of jimdesign will serve as proof of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or jimdesign has the right to a reverse payment.