Terms of Service
NOTE: If you are buying a packaged service, you may be bound by additional terms and conditions found at: http://www.techoneillustration.com/tos.htm. A packaged service is a service that may include more than one service but is not limited to Web Development, Web Hosting, SSL Certificates, Search Engine Optimization and Domain Registration. These additional terms and conditions can be found at: http://www.techoneillustration.com/tos.htm and would be in addition to the terms and conditions you see here.
1.) Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.
1.5) Account Ownership
An account created in the name of a company or other 3rd party is owned by that company or other 3rd party. The contact individual provided at the time the account is create shall be the administrative contact for the account not the account owner. In the event an account is created without a company or other 3rd party, the account shall be solely owned by the administrative contact. Ownership would dictate rights in the event the administrative contact is not accessible to perform duties.
1.75) Change of Account Contact
Upon the change of administrative account contact all account assets shall remain in the account for a period not less than 90 days from date of change. Assets include but are not limited to:
- Web hosting plan
- SSL certificate
- Credit balance
All services provided by us may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene, pornography.
Examples of unacceptable material:
- IRC Bots
- Warez Sites
- Pirated Software
- Hate sites
- Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. The cost of the clean up will be determined on a per incident basis. A clean fee will not be less than $500. The method of determining the clean up fee is left entirely to the discretion of JIKOmetrix.net. All rights reserved.
Please refer to The CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act) for information regarding this topic.
4.) Payment Information
You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify JIKOmetrix.net of your desire to cancel any or all services received, those services will be billed on a recurring basis.
We reserve the right to change the monthly payment amount and any other charges at anytime.
You agree to allow JIKOmetrix.net to collect payment by any payment method available in your account. You may add or remove payment methods at anytime. Open balances must be paid in full before payment method can be changed.
4.5) Missed or Failed Payment
Any account that pays for services month-to-month and fails to make payment in full by the due date will have their payment plan changed from month-to-month to yearly unless extenuating circumstances can be provided. Accounts that currently pay for service by check may be required to put a credit card on account. All unpaid invoices and future payments will be applied to the credit card on account.
4.65) Estimated Fees
Price will stand unaltered for a period of 30-days from date issued, unless noted otherwise. Any alteration or deviation from specifications involving extra cost will become an extra charge over and above written estimate.
All invoices generated will be distributed via your email address on account. It is up to the account holder to keep this information current and maintain access to the email address on account.
5.) Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
5.5) On-line backup service
All online backup services will be ruled by the terms of service located at this URL https://mozy.com/terms in the event of a conflict this document shall prevail.
6.) Cancellation and Refunds
- Shared Hosting Plans:
We reserve the right to cancel the account at any time. Customers may cancel at any time. We require cancellation notice of 30 days. Failure to give notice will result in charges equal to one months billing. Refund requests will be refunded on a prorated basis of unused time.
- Web Development, SSL Certificates, Search Engine Optimization, Search Engine Marketing, Domain Registration, royalty-free stock photography, vector illustrations, video footage, Flash files, support agreement labor and Marketing Databases:
We do not offer refunds for these items. All sales are final.
- Packaged Services:
Packaged services will be charged time and material up to the date of cancellation. Packaged services cancelled prior to term are subject to retroactive setup fee if setup fee was waived for minimum term commitment.
- Semi-dedicated / Dedicated hosting:
Cancellation of Semi-dedicated / Dedicated hosting, a prorated fee plus the following cancellation payment shall be paid by the Client:
- (A) Cancellation prior to delivery of Semi-dedicated / Dedicated plan: a fee equal the monthly plan setup fee plus one full months hosting fee for the plan cancelled;
- (B) Cancellation due to Semi-dedicated / Dedicated plan being unsatisfactory: a fee equal the monthly plan setup fee plus one full months hosting fee for the plan cancelled;
- (C) Cancellation for any other reason after the Semi-dedicated / Dedicated plan is delivered: a fee equal the monthly plan setup fee plus one full months hosting fee for the plan cancelled. In the event of cancellation, the Client shall also pay any expenses incurred by Tech One Illustration and Tech One Illustration shall own all rights in the Work. The billing upon cancellation shall be payable within fourteen days of Clients notification to stop work or the delivery of the finished work, whichever occurs sooner.
- Shared Hosting Plans:
6.5) Right to Refuse Service
We reserve the right to refuse service to anyone. Any and all service may be terminated if the conduct of the client's web site or client's use of services is abusive, cuases harm to others or suggests that harm will be brought upon others. The issue of conduct shall also be extended to the interaction of the client with our staff, employees and contractors.
7.) Resource Usage Users may not initiate the following:
- Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Price Change
The amount you pay for hosting will never increase from the date of purchase to the date of renewal. We reserve the right to change prices listed on our site, and the right to change the resource allocations on any plan at any time.
All Currency is displayed in US dollars. All transactions are performed using US Dollars as the form of currency for any transaction be is cash, check, or electronic funds. Electronic funds are understood to be, but not limited to Credit Card, PayPal or bank transfer.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 customers from JIKOmetrix.net's server.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
12.) Limitation of Remedies
In no way shall JIKOmetrix.net be liable for any damages beyond the scope of the services described on JIKOmetrix.net, consequential or other wise. JIKOmetrix.net and its suppliers’ entire liability and your exclusive remedy shall be, at JIKOmetrix.net’s option to repair or replace service with like or similar service provided by JIKOmetrix.net.
13.) No Liability for Consequential Damages
To the maximum extent permitted by applicable law, in no event shall JIKOmetrix.net or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, or any other pecuniary loss) arising out of the use of or inability to use service.
14.) No Waiver
If any provision of this agreement is deemed to be illegal or otherwise void, invalid, or unenforceable, such provision or part thereof shall be discarded and the remainder of this agreement without such provision or part thereof shall remain in full force and effect.
All disputes arising under this Agreement shall be submitted to binding arbitration before a judge at the DuPage County Court House and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $2,500.00 shall not be subject to this arbitration provision.
This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives. This Agreement constitutes the entire understanding between the parties. This Agreement shall be governed by the laws of the State of Illinois, USA.
17.) Changes to the Terms and Conditions
We reserve the right to revise our policies at any time without notice.