JMWeb Design provides Internet World Wide Web page hosting, Marketing, and Development. JM Web Design has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.

JM Web Design general policy is to act as a provider of internet presence. JM Web Design has specific ethical concerns regarding the use of its computers detailed below. JM Web Design reserves the right to suspend or cancel a customer's access to any or all services provided by JM Web Design when we decide that the account has been inappropriately used.

Specific Acceptable Use Policies

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of JM Web Design is strictly prohibited.

Unauthorized use of other people's accounts or computers JM Web Design will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc

Any unauthorized use of accounts or computers by a JM Web Design customer, whether or not the attacked account or computer belongs to JM Web Design, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, a nd civil or criminal legal action, depending on the seriousness of the attack.

Abuse of Unlimited Traffic

JM Web Design's customers are privileged to be offered unlimited traffic for their web sites. The intention of JM Web Design is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on JM Web Design's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of JM Web Design management. Any customer who violates JM Web Design's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

To maintain the integrity of our service the following limitations apply:

Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 12GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. You will receive a notice on Sunday detailing your bandwidth usage. You will have 7 days to visit www.overages.jmwebdesign.com to pay for your overages. If you do not pay for your overages your site will be disabled within 7 days of your first notice.

JM Web Design will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first Spam offense your mail will be disabled for 72 hours. Upon your second Spam offense your entire domain will be disabled for 72 hours and you will be fined $100.00 per sent Spam. Upon your third offense your account with JM Web Design will be terminated, you will be fined $200.00 per sent Spam. No refunds will be given if your account is terminated for Spam.

CGI Scripts

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Chat Rooms

We do not allow clients to install their own chat rooms, without approving it with the JM Web Design Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact support@jmwebdesign.com to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Payment Policies

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. JM Web Design reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies JM Web Design in writing for a request for termination of services. All payment is in U.S. currency. JM Web Design will bill each client $50 per returned check and $50 per wire transfer received.

Cancellation

JM Web Design reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by JM Web Design if JM Web Design institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of JM Web Design's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees and overages. Setup fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if JM Web Design is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if JM Web Design is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via our cancellation forms at http://cancel.jmwebdesign.com. Phone requests will not constitute acceptance of any cancellation. Refunds will be made by company check within 15 days of receipt of cancellation.

Lawful Purpose

JM Web Design reserves the right to refuse service to anyone. Customers may only use JM Web Design server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of JM Web Design management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold JM Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against JM Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless JM Web Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with JM Web Design's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; ( 3) copyright infringement and (4) any defective products sold to customer from JM Web Design's server.

Disclaimer

JM Web Design will not be responsible for any damages your business may suffer. JM Web Design makes no warranties of any kind, expressed or implied for services we provide. JM Web Design disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by JM Web Design and its employees. JM Web Design reserves the right to revise its policies at any time.

All Sub-Networks, resellers and dedicated servers of JM Web Design must adhere to the above policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Privacy Statement

JM Web Design follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.