Hosting Terms & Fees
Introduction
The following is an
Agreement between you (the “Customer”) and 4her4him.net, JGI (“Just God
Incharge”)
which governs the terms and conditions of your participation in the
4her4him.net website. 4her4him.net owns, operates,
and maintains a website with a URL at
www.4her4him.net (the
“4her4him.net website”).
2. Glossary of Terms
We includes the Website Owner - JGI (www.4her4him.net)
- ("Website" or "Website Owner" or "we" or "us" or "our") or any
party acting on the Website Owner's implicit instructions.
You ("you", "your", "Customer") includes the person
purchasing the services or any party acting on the customer's
instructions.
Server means the computer server equipment operated by
us in connection with the provision of the Services.
Web Site means the area on the Server allocated by us
to you for use by you as a site on the Internet.
In consideration of the mutual covenants herein, the parties
agree to the following, which shall apply during the term of
this agreement
3. Web Site Hosting And Email
3.1 We make no representation and give no
warranty as to the accuracy or quality of information received
by any person via the Server and we shall have no liability for
any loss or damage to any data stored on the Server.
3.2 You shall effect and maintain adequate
insurance cover in respect of any loss or damage to data stored
on the Server.
3.3 You represent, undertake and warrant to us
that you will use the Web Site allocated to you only for lawful
purposes. In particular, you represent, warrant and undertake to
us that.
3.3.1 You will not use the Server in any manner
which infringes any law or regulation or which infringes the
rights of any third party, nor will you authorise or permit any
other person to do so.
3.3.2 You will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive,
malicious, defamatory, obscene, blasphemous, profane or
otherwise objectionable in any way.
(b) any material containing a virus or other hostile
computer program.
(c) any material which constitutes, or encourages the
commission of, a criminal offence or which infringes any
patent, trade mark, design right, copyright or any other
intellectual property right or similar rights of any person
which may subsist under the laws of any jurisdiction.
3.3.3 You will not send bulk email unless
opt-in from our network.
3.3.4 You will not employ programs which
consume excessive system resources, including but not limited to
processor cycles and memory.
3.4 We reserve the right to remove any material
which we deem inappropriate from your web site without notice.
We do not host Warez or illegal MP3 content.
3.5 You shall keep secure any identification,
password and other confidential information relating to your
account and shall notify us immediately of any known or
suspected unauthorised use of your account or breach of
security, including loss, theft or unauthorised disclosure of
your password or other security information.
3.6 You shall observe the procedures which we
may from time to time prescribe and shall make no use of the
Server which is detrimental to our other customers.
3.7 You shall procure that all mail is sent in
accordance with applicable legislation (including data
protection legislation) and in a secure manner.
3.8 In the case of an individual User, you
warrant that you are at least 18 years of age and if the User is
a company, you warrant that the Services will not be used by
anyone under the age of 18 years.
3.9 Any access to other networks connected to
must comply with the rules appropriate for those other networks.
3.10 While we will use every reasonable
Endeavour to ensure the integrity and security of the Server, we
do not guarantee that the Server will be free from unauthorised
users or hackers and we shall be under no liability for
non-receipt or misrouting of email or for any other failure of
email.
4. Service Availability
4.1 We shall use our reasonable endeavors to
make available to you at all times the Server and the Services
but we shall not, in any event, be liable for interruptions of
Service or down-time of the Server.
4.2 We shall have the right to suspend the
Services at any time and for any reason, generally without
notice, but if such suspension lasts or is to last for more than
7 days you will be notified of the reason.
4.3 The Services provided to you hereunder and
your account with us cannot be transferred or used by anyone
other than you. No more than one log-in session under any one
account may be used at any time by you. If your account is found to have been transferred to
another party, or shows other activity in breach of this sub
clause, we shall have the right to cancel the account and
terminate the Services and/or this Agreement immediately.
5. Payment
5.1 All charges payable by
you for the Services shall be in accordance with the scale of
charges and rates published from time to time by us on our web
site and shall be due and payable in advance of our service
provision. We reserve the right to change pricing at any time
although all pricing is guaranteed for the period of pre
payment.
5.2 Payment is due each anniversary month,
quarter or year following the date the Services were established
until closure notice is given. If you choose to pay by credit or
debit card you authorise JGI to debit your account renewal fees
from your card.
5.3 All payments must be in
US Dollars.
5.4 If your cheque is returned by the bank as
unpaid for any reason, you will be liable for a "returned
cheque" charge of $35.00.
5.5 Without prejudice to our other rights and
remedies under this Agreement, if any sum payable is not paid on
or before the due date, we shall be entitled forthwith to
suspend the provision of Services to you.
5.6 If an account goes unpaid for at least
seven days, a $50.00 late payment fee will be applied.
5.7 If an account goes unpaid for at least ten
days, the account and its associated services are suspended. A
$100.00 charge will be applied upon account reactivation to cover
administration costs.
5.8 Once an account has a suspended status,
Access to files, databases and other content is explicitly
denied. All files, databases and other content including the
account itself is permanently deleted after ten days of account
suspension.
5.9 Should access to files, databases and other
content be required before they are deleted, account
reactivation will be required.
6. Termination
6.1 If you fail to pay any
sums due to us as they fall due, we may suspend the Services
and/or terminate this Agreement forthwith without notice to you.
6.2 If you break any of these terms and
conditions we may suspend the Services and/or terminate this
Agreement forthwith without notice to you.
6.3 If you are a company and you go into
insolvent liquidation or suffer the appointment of an
administrator or administrative receiver or enter into a
voluntary arrangement with your creditors, we shall be entitled
to suspend the Services and/or terminate this Agreement
forthwith without notice to you.
6.4 No refunds will be made for Services
suspended in accordance with 6.1, 6.2 and 6.3.
6.5 We reserve the right to suspend the
Services and/or terminate this Agreement at any time.
6.6 You may cancel the Services at any time.
6.7 No Refunds for hosting, installing shopping
carts, scripts or any other service we have provided to you.
6.8 On termination of this Agreement or
suspension of the Services we shall be entitled immediately to
block your Web Site and to remove all data located on it.
7. Indemnity
7.1 You shall indemnify us
and keep us indemnified and hold us harmless from and against
any breach by you of these terms of business and any claim
brought against us by a third party resulting from the provision
of Services by us to you and your use of the Services and the
Server including, without limitation, all claims, actions,
proceedings, losses, liabilities, damages, costs, expenses
(including any and all legal costs and expenses, including court
cost), howsoever
suffered or incurred by us in consequences of your breach or
non-observance of this Agreement.
8. Limitation Of
Liability
8.1 All conditions, terms,
representations and warranties relating to the Services supplied
under this Agreement, whether imposed by statute or operation of
law or otherwise, that are not expressly stated in these terms
and conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a particular
purpose are hereby excluded, subject always to subclause 8.2.
8.2 Nothing in these terms and conditions shall
exclude our liability for death or personal injury resulting
from our negligence.
8.3 Our total aggregate liability to you for
any claim in contract, tort, negligence or otherwise arising out
of or in connection with the provision of the Services shall be
limited to the charges paid by you in respect of the Services
which are the subject of any such claim.
8.4 In any event no claim shall be brought
unless you have notified us of the claim within one year of it
arising.
8.5 In no event shall we be liable to you for
any loss of business, contracts, profits or anticipated profits
or for any other indirect or consequential or economic loss
whatsoever.
9. Revisions
9.1 JGI reserves the right
to revise, amend, or modify these Terms and Conditions, and any
of our other policies and agreements at any time and in any
manner.
10. Notices
10.1 Any notice to be given
by either party to the other may be sent by either email, fax or
recorded delivery to the address of the other party as appearing
in this Agreement or ancillary application forms or such other
address as such party may from time to time have communicated to
the other in writing, and if sent by email shall unless the
contrary is proved be deemed to be received on the day it was
sent or if sent by fax shall be deemed to be served on receipt
of an error free transmission report, or if sent by recorded
delivery shall be deemed to be served two days following the
date of posting.
11. Applicable Law
11.1 This Agreement shall be
governed by and construed in accordance with US law and you
hereby submit to the non-exclusive jurisdiction of the US
courts.
12. Headings
12.1 Headings are included
in this Agreement for convenience only and shall not affect the
construction or interpretation of this Agreement.
13. Entire Agreement
13.1 These terms and
conditions together with any documents expressly referred to in
them, contain the entire Agreement between us relating to the
subject matter covered and supersede any previous Agreements,
arrangements, undertakings or proposals, written or oral:
between us in relation to such matters. No oral explanation or
oral information given by any party shall alter the
interpretation of these terms and conditions. In agreeing to
these terms and conditions, you have not relied on any
representation other than those expressly stated in these terms
and conditions and you agree that you shall have no remedy in
respect of any misrepresentation which has not been made
expressly in this Agreement.
14. Comments or Questions.
14.1 If you have any questions, comments or
concerns arising from the website, please
contact us.
Our Hosting Fees
-
$200.00 per year
-
$25.00 a month (One-time Setup Fee of $50.00).
Hosting Renewal
(Due On Nov 1st) You can purchase your hosting
renewal.
If you purchase your Hosting before Nov 1st, you will be
pro-rated and refunded up to Nov 1st.
Other Services
If you desire a different shopping cart then the ones installed
on the server you will need to hire someone to install your
shopping cart, and hire someone to maintain the cart for your
website.
We do know how to install the ECT Shopping Cart
and apply the ECT updates. We do not offer shopping cart
support or maintenance.
We will not host any websites with the
following: Adult Content, Gambling, Alternative
Lifestyles, or any websites that are not family oriented. |