While using Services provided by JST, you agree to the following terms and conditions. Definitions "We" "Us" "Provider" or "JST" refers Joint Success Telecommunications Limited; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with JST.
JST will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide http internet content to the general public. The Services allow JST customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. JST customers will use the provided Services in a manner consistent with all applicable State and Federal laws. JST will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, JST may immediately terminate Customer's account(s) without notice. JST will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.
Disk Space and Client Content:
JST offers 1GB of space in our WebHosting package. Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties. Client agrees that webpages and files uploaded to our servers will not violate any Hong Kong or foreign laws or regulations; infringe on any intellectual property rights of JST or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to JST or any third party. Customers may not run IRC bots or clients.
Unacceptable uses of our service also include: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. JST will be the sole and final arbiter as to what constitutes a violation of this policy.
JST offers 10 GB of data transfer per month. Sites that use over 10 GB per month will automatically be disabled.
Excessive Resource User Policy:
Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. JST will be the sole and final arbiter as to what constitutes a violation of this policy.
MySQL database is included per package.
UCE/UBE or "Spam" originating from a JST account, or associated with a JST account, is not tolerated. This includes any e-mail that promotes web sites hosted on a JST account but is sent from an e-mail address not associated with that JST account. Client shall not use their JST services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. JST reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a HKD $150 clean up fee if an account was suspended for policy violation.
False Information. Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact JST concerning unethical, false or unlawful activities by you, JST reserves the right to terminate your service without notice.
Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
JST will make every reasonable effort to protect and backup data for Client on a regular basis, however JST does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a one time fee of HKD $100 for our Administrator to retreive client's individual back-up files.
JST has a 99.7% average uptime across our entire network at large, which includes webservers, mailservers, and more - as a whole.
Domain Name Registration:
JST uses iPowerWeb for domain name registration. There is a HKD $250 year fee for new domain name registration. Domain names can be use or transferred to another registrar only if customers account is paid for with no balance. If customer has a balance, it must be settled before domain name is released.
Free Domain Name Promotion:
To qualify, customer must choose "New Domain" upon signing up via our order form for our yearly plan. We can register .net, .org, .com, .biz and .info. On our yearly plan, we will register a domain name for our client FREE (HKD $250 value) for 1 year. Client will own of the domain name (not JST). If client decides to cancel before the renewal date, we will deduct the cost of the domain name (HKD $250) before offering a pro-rated refund and our client keeps the domain name.
Payment Obligations, Renewals, and Cancellations Payment Obligations:
Full payment is required in advance, before hosting service is established. You grant JST the right to debit the account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by JST according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that JST may require) is accurate and truthful. All payment-due invoices will be sent by by postal mail or e-mail. If payment was not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account.
Your account will be automatically renewed under the same time and fee structure unless you give written notice to JST fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.
You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. JST will refund to you the prepaid fees for basic hosting for the full months remaining after effectiveness of cancellation, less any prior fees and charges, and an early cancellation fee of HKD $300. Accounts that are terminated by JST will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. Cancellation request will reflect the day of your submission. Refunds will be issued back to your Hong Kong local bank account within 7-10 business days from your cancellation date.
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your hosting fee excluding setup fees and additional services. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable. Phone requests will not constitute acceptance of any cancellation.
In the event a planned outage would be necessary, they will be performed according to JST's notice. This does not mean there will be an outage at the specified time, and does not include unplanned outages if any should occur for reasons beyond JST's control.
You agree to use the Services and any information obtained through or from JST at your own risk. You acknowledge and agree that JST exercises no control over, and accepts no responsibility for, the content of information passing through JST's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. JST MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. JST MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. JST EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY JST. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY JST PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement. JST is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of JST. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by JST. Limitation of Liability You agree that JST will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to JST at the time) which may exist in the Services or in JST's equipment used to provide the Services. Under no circumstances will JST be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. JST will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to JST's records, programs, equipment or services. Notwithstanding anything to the contrary in this Agreement, JST's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.
At its sole discretion, JST has the right to refuse any and all service or Services to any applicant, Customer, Client whether it to be an individual or legal entity.
Customer agrees to indemnify, defend and hold harmless JST, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.
JST will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Although JST maintains strict confidentiality on Customer's information, there are certain exceptions in which JST may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. JST has no obligation to notify Customer about whom the information is sought or that JST has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.
Customer will not have the right to assign this Agreement without the prior written consent of JST.
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect. Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.