Terms of Web Hosting:
Here are the terms that go along with your account. Signing up
for service indicates that you have read and accept these terms. Plus note
that CJ Digital Web Hosting is a sub- company of CJ Digital Design, LLC
The Service:
CJ Digital Design, LLC will provide you with web space and e-mail
account space on one of our servers.
Use Of The Service:
You may use the service for lawful purposes only. You may not
violate any state federal or local law. CJ Digital Design, LLC may
also place other restrictions on the use of the service for example
you are forbidden from sending unwanted email (SPAM).
You may not use the service in any way that will
cause an interruption of services to other users of our network or
networks that are reachable by our network.
You must keep a working backup copy of everything
you have on the server. CJ Digital Design, LLC may not be able to
restore lost data from our backup system and is NOT reasonable for
any lost data.
Availability of the service:
CJ Digital Design, LLC has taken every step possible to make sure
that your website stays online 24 hours a day 7 days a week and is
reachable by everyone that has an Internet connection. Due to the
complexly of the global Internet from time to time some of your
services may not be reachable. Each and every day we work in improve
your service and our uptime is 900% better than it was just 3 years
ago. The availability of your service, on average, will be greater
that it will be with many other hosting firms that charge vastly
more that we do for the same or lesser service plans.
Refunds:
CJ Digital Design, LLC does not issue refunds or prorate any fees,
EXCEPT for the refund of fees for virtual hosting accounts providing
the request is made before the 30th day past the initial date of
service.
Termination:
You may cancel your account at any time with 14 days notice. We may
cancel your account if you fail to comply with all the terms of this
agreement, terms posted on our web site or other terms that have
been set to you via e-mail. We may also cancel your account by
giving you 1 day notice.
Payment:
Your credit card will be automatically charged for your hosting fees
based on your hosting plan. If you credit card is rejected for any
reason we will contact you. You will have 5 days to update your
information.
If you paid by check you will be sent a notice via
e-mail and will be expected to pay upon receipt. If you fail to pay
your invoice your site may be terminated. If your site is turned off
for nonpayment more than once in a 12 month period you will be
charged a $25.00 reactivating fee.
A credit limit of $100.00 is assigned to all
accounts, once the credit limit is reached you will be requested to
bring your account below the limit. If you wish to have a higher
credit limit you can apply for one, we will assign high credit
limits to US Citizens on approved credit..
You are hereby notified that if fail to live up to
your obligations under this agreement we may turn your account over
to a collection agency and a negative report may be sent to a credit
reporting agency.
Disclaimed Warranties:
You acknowledge and agree that CJ Digital Design, LLC exercises no
control over, and accepts no responsibility for, the content of the
information passing through CJ Digital Design, LLC host
computers, network hubs and points of presence, or the Internet. We
do not allow ADULT Content. ALL SERVICES PERFORMED HEREUNDER
ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF
PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO
COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. CJ Digital Design, LLC
DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL
RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR
OTHERWISE, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT, OR ARISING FORM COURSE OR DEALING, COURSE
OF PERFORMANCE OR USAGE IN TRADE.
Limitation and Exclusion of Liability:
Limitations. IN NO EVENT SHALL CJ Digital Design,
LLC HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,
THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE
FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS
OR DEVICES. CJ Digital Design, LLC SHALL NOT HAVE LIABILITY WITH
RESPECT TO CJ Digital Design, LLC'S OBLIGATION UNDER THIS AGREEMENT,
THE ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF CJ Digital Design, LLC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS MAY
NOT APPLY TO YOU. IN THE EVENT, THE LIABILITY OF CJ Digital Design,
LLC TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE
LIMITED TO THE AMOUNT ACTUALLY PAID TO CJ Digital Design, LLC BY YOU
UNDER THIS AGREEMENT AND THE ADDENDUM DURING THE THREE MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS
LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING, WITHOUT LIMITATION TO BREACH OF CONTRACT BREACH OF
WARRANTY NEGLIGENCE STRICT LIABILITY MISREPRESENTATIONS AND OTHER
TORTS. THE FEES FOR THE SERVICES SET BY CJ Digital Design, LLC
HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THE
ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE CJ Digital
Design, LLC AND ITS PROVIDES FOR ANY AND ALL OBLIGATION,
LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS
SECTION.
Litigation:
This contract is written under the laws of the State Of Florida, any
litigation arising form the service or this agreement will take
place in Ft. Lauderdale, Florida USA.
If any part of the agreement or other terms are
ruled unenforceable the remaining parts of the agreement remain in
effect.
END OF AGREEMENT
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