JedPak Hosting Services agrees to furnish services to the Subscriber, subject to the following Terms of Service (TOS). Use of any JedPak Hosting Services Service constitutes acceptance and agreement to JedPak Hosting Services Acceptable Use Policy (AUP) as well as JedPak Hosting Services Terms of Service (TOS). All provisions of this contract are subject to the Terms of Service (TOS) of JedPak Hosting Services and Acceptable Use Policy (AUP). The TOS and/or the AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the TOS and/or AUP by the Company shall not be grounds for early contract termination or non-payment. IMPORTANT NOTICE: All Payments To JedPak Hosting Services Are Non-Refundable This Agreement shall be construed in all respects in accordance with the laws of the province of Manitoba, applicable to contracts enforceable in that province.
1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, the Subscriber agrees that the Company may disclose any and all Subscriber information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition, JedPak Hosting Services shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon the Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
3. Service Invoicing: The Subscriber acknowledges that the services provided are auto-renewing, and do not automatically cancel at the end of the initial term. Invoices are generated before they are due and are sent via email to the Subscriber's primary email address on file in our billing system. Should subscriber wish to cancel service, the appropriate cancellation procedures must be followed.
4. Communication: The Subsriber acknowledges that email is the primary form of communication used by the Company to contact the Subscriber. You are required to keep your contact information updated. You can modify much of it yourself via our Website Application *AND* and Control Panel used for your service. For the fields you cannot modify yourself, open a Help Desk ticket to our Billing Department with your new information. E-mail is the primary form of communication we will use to contact you. We will only contact you via alternate methods should the Company deem it necessary (Invoice, Suspension or Cancellation Notifications are not deemed necessary, nor are general notifications we send out). The Subscriber also acknowleges that the Company is not liable for the Subscriber not receiving an email and that it is the Subscriber's responsibility to ensure the Subscriber's email provider is properly setup to ensure delivery of emails from our domain name(s), including not flagging emails from our domain names as SPAM.
5. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service (extended billing cycles are offered as a convenience to Subscribers, providing a means for a Subscriber to "pre-pay" for a longer period of time). Subscriber payments are due the due date listed on the invoice, for that month's service. The above applies to all accounts and services provided by JedPak Hosting Services
6. Payments and Fees: All accounts paid using a Credit Card will be auto-charged for any invoice due on your account. Credit cards that are declined for any reason are subject to a $2.00USD declination fee. Service will be suspended on accounts that reach 4 days (Subscription payments will re-attempt 3 days ) past due by an automated process (this time frame is subject to change). The process to reinstate service is NOT necessarily automated and may take up to 24hrs to complete. Service interrupted for nonpayment is subject to a reconnect charge not less than $5.00USD nor more than $200.00USD (depending on the service provided by the Company). Accounts not paid by the due date are subject to a 10% late fee. Accounts that are not collectable by JedPak Hosting Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the Company a "Processing and Collection" Fee of not less than $50.00USD nor more than $200.00USD. If you desire to cancel your account, the Subscriber must follow the proper procedure to do this as outlined in this TOS. All service and late fees will be subject to a 4% Processor Fee (PayPal). All payments made by money order must be a U.S. funds money order. It is recommend paying this way to utilize the multiple month payment options to minimize disconnection of service. We accept payment via PayPal, PayPal Subscriptions and Money Order.
7. Refund and Disputes: All payments to JedPak Hosting Services for voice server (teamspeak, ventrilo, mohawkvoice) monthly fees are refunded if paid for more than current month, current monthly payments are nonrefundable ( if paid for three months and wish to cancel half way thru second month, the third month will be refunded once pro rated for first two months minus discount) for example 10 man three month ventrilo server is $11.25 and canceling thru middle of second month gives one month refund so the first two months would be at full monthly price $3.95/mth., 3.95X2=$7.90 so 11.25 - 7.90= $3.35 refund minus any transaction fees if neccessary, this includes any one time setup fees and subsequent charges regardless of usage. Web hosting monthly fees are refunded if paid for more than current month. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in JedPak Hosting Services sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay JedPak Hosting Services an "Administrative Fee" of not less than $50 nor more than $200.
8. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of the Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
9. Account Cancellation: All requests for cancelling accounts must performed by logging into your account, clicking on My Services, selecting the icon next to your server listed, on your service details page scroll to bottom of page and select cancelation request. On the next page it will give you the space to make your cancelation request. In order to complete the cancelation request we will then contact you to provide us with specific documentation about the account to be used for security purposes. This cancellation notice must be submitted NO LESS THAN 48 hours before your invoice is due (2 days before the due date of your invoice), otherwise the cancellation request may not be processed in time to stop the auto-payment process. Should your cancellation request be received with less than 48 hours notice, there is no guarantee the cancellation will go through in time to stop an automated payment to your invoice. Should payment be applied to the invoice because the Cancellation Request was not received with the proper notice, the payment for current month service is non-refundable. If the Subscriber submits payment using PayPal Subscriptions, the Subscriber acknowledges that it is solely the Subscriber's responsibility to cancel the Paypal Subscription and any funds sent to us because the PayPal subscription was not cancelled are non refundable.
10. 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, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. The Subscriber further acknowledges that the Company's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by the 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.
11. Support Boundaries: JedPak Hosting Services provides 24 x 7 critical technical support to our subscribers (except for a few holidays and short company meetings when we close our center). We limit our technical support to our areas of expertise. The following are our guidelines when providing support: JedPak Hosting Services provides support related to your ventrilo server functioning. JedPak Hosting Services does not offer tech support for application specific issues such as php/cgi programming, html or any other such issue. We provide an Online Knowledge Base that is quite extensive. In most cases, the answer to your question is already contained in our Online Knowledge Base. You can browse the Online Knowledge Base by logging into https://ventrilohost.org and clicking on the FaQ button (Must be logged in to access all FaQ's for members). If your question is not answered in the Online Knowledge Base, we encourage you to open a ticket by logging into our https://ventrilohost.org and opening a help desk ticket or email us at support@ventrilohost.org for assistance. All emails sent there automatically open a Support Ticket, however due to the prevalence of SPAM on the Internet, we cannot guarantee an email sent to us will not be marked as SPAM, therefore we HIGHLY encourage you to log in and open a ticket directly. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting Tech Support.
12. Network 1. IP Address Ownership: If JedPak Hosting Services assigns Customer an Internet Protocol Address for Customer's use, the right to use that Internet Protocol Address shall belong only to JedPak Hosting Services, and Customer shall have no right to use that Internet Protocol Address except as permitted by JedPak Hosting Services in its sole discretion in connection with the Services, during the term of this Agreement. JedPak Hosting Services shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by JedPak Hosting Services, and JedPak Hosting Services reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's (American Registry for Internet Numbers) new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. 2. System and Network Security: Users are prohibited from violating or attempting to violate the security of the JedPak Hosting Services Network. Violations of system or network security may result in civil or criminal liability. JedPak Hosting Services will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: 1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. 2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. 3. Attempting to interfere with service to any user, host or network including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". 4. Taking any action in order to obtain services to which such User is not entitled.
13. Notification of Violation: 1. JedPak Hosting Services is under no duty to look at each Subscriber's or user's activities to determine if a violation of the Acceptable Use Policy (AUP) has occurred, nor do we assume any responsibility through our Acceptable Use Policy (AUP) to monitor or police Internet-related activities. 2. First violation: Any User, which JedPak Hosting Services determines to have violated any element of this Acceptable Use Policy (AUP), shall be sent an email, warning them of the violation. The service may be subject at JedPak Hosting Services discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations. 3. Second Violation: Users that JedPak Hosting Services determines to have committed a second violation of any element of this Acceptable Use Policy (AUP) shall be subject to immediate suspension or termination of service without further notice. 4. We reserve the right to drop the section of IP space involved in SPAM or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
14. Suspension of Service or Cancellation: JedPak Hosting Services reserves the right to suspend network access to any Subscriber if in the judgment of the JedPak Hosting Services network administrators the Subscriber's server is the source or target of the violation of any of the other terms of the Acceptable Use Policy (AUP) or for any other reason which JedPak Hosting Services chooses. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is complete. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The Subscriber will not be credited for the time the Subscriber's machines were suspended.
15. Policy Amendments: JedPak Hosting Services reserves the right to amend its policies at any time. All Subscribers, and their users, of JedPak Hosting Services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your users as described on these Terms of Service. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of Use Policy.
16. Indemnification: JedPak Hosting Services wishes to emphasize that in agreeing to the JedPak Hosting Services Acceptable Use Policy (AUP) and Terms of Service (ToS), the Subscriber indemnifies JedPak Hosting Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to JedPak Hosting Services or the bringing of any claim against JedPak Hosting Services by any third-party. This means that if JedPak Hosting Services is sued because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded against JedPak Hosting Services, plus all costs and attorney's fees.
17. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. The Subscriber must also take steps with their email provider to ensure all emails from our domains are NOT flagged as SPAM and delivered to the Subscriber's inbox. 1. A waiver by the Company of any breach of any provision of this Agreement by the Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. 2. The Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. 3. JedPak Hosting Services takes no responsibility for any material input by others and not posted to the JedPak Hosting Services Network by JedPak Hosting Services. JedPak Hosting Services is not responsible for the content of any other websites linked to the JedPak Hosting Services Network; links are provided as Internet navigation tools only. JedPak Hosting Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy. 4. JedPak Hosting Services is not responsible for any damages your business or clan/guild may suffer. JedPak Hosting Services does not make implied or written warranties for any of our services. JedPak Hosting Services denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by JedPak Hosting Services.