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Acceptable Use Policy

JWM Marketing and Web Design’s Acceptable Use Policy, also called the AUP, explains what is allowed and what is not allowed when using JWM Marketing and Web Design hosting services. This policy is not exhaustive, and JWM Marketing and Web Design may update it at any time. Any changes will take effect once the updated policy is posted at: https://jwm.us/acceptable-use-policy/
By signing up for and using these services, you agree to follow the rules outlined in this Acceptable Use Policy, including any future updates. If these rules are violated, JWM Marketing and Web Design may suspend or terminate your account or take other appropriate action.

Server Abuse

Any action that attempts to harm, damage, or disrupt a JWM Marketing and Web Design server or customer is strictly prohibited.
Using someone else’s account or computer without permission is strictly prohibited. JWM Marketing and Web Design takes any unauthorized use, or attempted use, very seriously. This includes activities such as online scams, trying to steal passwords, or scanning systems for security weaknesses.
Any unauthorized use of accounts or computers by a JWM Marketing and Web Design customer is strictly prohibited, even if the affected account or system does not belong to JWM Marketing and Web Design. Violations will result in action against the responsible party. Actions may include warnings, account suspension or termination, and civil or criminal legal action, depending on the severity of the incident.
Important Note: JWM Marketing and Web Design reserves the right to suspend or terminate service, or deny access, to anyone who violates our policies or the terms and conditions listed below. This action may be taken without warning or prior notice. No refunds will be issued if an account is terminated due to a violation of this Acceptable Use Policy.
Customers are not allowed to run IRC services, bots, or similar programs on JWM Marketing and Web Design servers. Prohibited uses also include, but are not limited to, bulk or unsolicited email, spam, adult or pornographic material, illegal content, copyright or trademark violations, pirated software, cracked programs, stolen license keys, or any activity that abuses server resources. JWM Marketing and Web Design may determine other activities to be unacceptable use of its services.
Any hosting account that contains, or links to, the following types of content may be terminated.

  • Content that is offensive to the public, including clear expressions of hate, racism, discrimination, or bigotry.

  • Content that promotes, explains, or supports illegal activities, or encourages physical harm or injury to any person or group.

  • Any material that exploits or harms children under the age of 18.

  • Copyright violations, including pirated software, links to pirated programs, stolen license keys, serial numbers, or tools designed to bypass software protection.

  • Exporting encryption software or related materials outside of the United States in violation of applicable laws.

  • Sharing information related to creating or spreading viruses, worms, trojans, denial of service attacks, mail bombing, flooding, or any activity that disrupts networks, systems, or services.

  • Advertising, distributing, or providing access to software, tools, or services designed to violate this Acceptable Use Policy, including tools used for spamming, network attacks, or software piracy.

Any account that is disabled by the abuse team may be subject to the following reactivation fees.
  • 1st offense – $25.00
  • 2nd offense – $100.00
  • 3rd offense – $500.00 + Account termination
This fee will only be waived if the abuse team determines that the account was disabled without a valid reason. JWM Marketing and Web Design reserves the right to define and determine what qualifies as server abuse.

Unsolicited Email (Spam)

Unsolicited commercial email, also known as spam, is not permitted and may result in account termination.
JWM Marketing and Web Design has a zero tolerance policy for spam sent from our servers or for spam that promotes domains hosted on our servers.
The following activities are prohibited:

  • Sending unsolicited bulk or commercial email, also known as spam. This includes mass emails for advertising, announcements, charities, petitions, or political or religious messages. Emails may only be sent to recipients who have clearly requested them from your domain.

  • Forging, changing, or removing email headers. Any domain found sending hidden or deceptive spam may be terminated immediately without notice or refund.

  • Sending large numbers of the same or similar messages with the intent to overload or disrupt a server or account, also known as mail bombing.

  • Posting commercial advertisements to newsgroups or mailing lists where they are not allowed. Sending messages to many unrelated or off topic newsgroups is considered spam and may result in account termination.

  • Using email to harass, threaten, or intimidate others. Harassment may include message content, message frequency, or message size. If a recipient asks to stop receiving messages, no further emails may be sent to that person.

  • Providing spam related software, including tools used to send bulk email or collect email addresses, or linking to websites that offer such tools. Violations may result in required content removal or account termination.

Note: If you use another service or provider to promote a website hosted by or through JWM Marketing and Web Design, including using email lists from third parties, this is considered spam advertising. In these cases, the rules of this policy apply as if the spam was sent directly from our servers.
Penalty: Depending on the severity of the spamming activity, JWM Marketing and Web Design may charge a fee ranging from $1.00 to $100.00 for each spam message sent through our network. Any website content involved will be removed and will not be returned.

Server Resource Abuse

Shared hosting accounts have limits on how much server resources they can use. Abuse occurs when a process or service uses excessive resources and affects normal server performance, stability, or connectivity. Shared server resources include CPU and memory usage, the number of running processes, active port or database connections, and total bandwidth usage.
Server resource abuse may be caused by the use of technologies such as CGI, Perl, Sendmail, MySQL, MSSQL, PHP, ASP, CFML, HTTP, SMTP, POP3, or FTP. If resource abuse is detected, JWM Marketing and Web Design may take action, including disabling the affected script or scripts, disabling a specific service, suspending the account, or canceling the account entirely. If a server overload occurs due to resource abuse, these actions may be taken immediately without prior notice or warning.

Adult Content

Adult content, pornography, and sex related products or services are not allowed on the JWM Marketing and Web Design network. This includes websites that suggest sexual content or link to adult material on other sites.
Because the internet is used worldwide, defining what qualifies as adult content can be challenging. JWM Marketing and Web Design does not judge or discriminate against individuals or businesses that choose to work with adult related material. However, JWM Marketing and Web Design has chosen to enforce a strict policy that does not allow adult websites or adult related products on its network.
What is Adult Content?

  • Sexually explicit images, text, or materials created mainly to cause sexual arousal.

  • Any sexually explicit images, text, or materials involving minors, defined as anyone under the age of 18. This is strictly prohibited.

  • Photos, videos, or animated content showing nudity of men or women when not used for scientific or artistic purposes.

  • Any website that earns all or part of its revenue from adult content or adult related products.

  • Revenue generating links that point to websites violating any of the above rules.

JWM Marketing and Web Design reserves the right to determine what it considers adult content, adult material, sexually explicit content, or sexually related material.

Child Pornography

JWM Marketing and Web Design enforces a zero tolerance policy for child pornography. We will fully cooperate with law enforcement in any criminal investigation related to violations of the Child Protection Act of 1984. Customers are responsible for the actions of their clients while using the JWM Marketing and Web Design network and may be held liable for any illegal material posted by their clients.
Under the Child Protection Act, child pornography includes any photograph, film, video, or other visual material that shows a person under the age of eighteen, or someone portrayed as under eighteen, involved in explicit sexual activity. It also includes material where the main focus is a sexual depiction of a sexual organ or anal area of a person under eighteen. Any written or visual content that promotes, encourages, or advises sexual activity with a person under the age of eighteen is also included.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency by calling 1-800-BEALERT.

IRC

The use of IRC clients or IRC bots is strictly prohibited. While there may be limited acceptable uses for these tools, they are often abused, and for this reason they are not allowed on our network. Any account found in violation of this policy may be terminated immediately.

Excessive Use/Overages

You must not exceed the bandwidth, storage, and email usage limits included in your hosting plan. For plans that offer unmetered bandwidth, JWM Marketing and Web Design may, at its discretion, review usage and renegotiate terms if usage is considered excessive. If you use more bandwidth or storage than the monthly limits allow, additional charges may be applied. If JWM Marketing and Web Design takes corrective action, any unused prepaid fees will not be refunded. You are responsible for all activity on your account and for keeping your access secure. This includes responsibility for any unauthorized use that causes your account to exceed plan limits and results in extra charges.

Right to Audit

JWM Marketing and Web Design reserves the right to review and audit all accounts for security and integrity purposes to protect our systems and network. Customers are responsible for keeping their accounts secure at all times. JWM Marketing and Web Design may also review account passwords to ensure they meet security standards. If a password does not meet these requirements, the customer will have 24 hours to update it. If the password is not changed within that time, JWM Marketing and Web Design reserves the right to update the password on the customer’s behalf.
Right of Inspection
JWM Marketing and Web Design reserves the right to monitor activity on its servers and network to maintain security, system integrity, performance, and proper business operations. By creating or using an account, you agree to this monitoring, which may include files, applications, internet traffic, and any content sent to or stored on JWM Marketing and Web Design servers or network.
Any attempt to bypass, change, or interfere with our ability to properly monitor our services is prohibited and may result in immediate service termination without any refund.
JWM Marketing and Web Design will follow its Privacy Policy when monitoring its network and services. If any issues are identified during monitoring, the customer will be notified before action is taken, unless JWM Marketing and Web Design determines that the situation is an emergency and requires immediate action.

Payment Policies

JWM Marketing and Web Design requires payment within ten days unless another arrangement is agreed upon. Accounts that are not paid on time may be charged a 1.5 percent finance fee, with a minimum charge of $3.00.
Past due accounts are subject to an annual percentage rate of 18%.
Setup fees are non refundable. Prices are locked in for any prepaid term. JWM Marketing and Web Design reserves the right to change pricing at any time unless other terms have been agreed to in writing. Customers are responsible for all charges on their account from the start date until services are officially canceled. All payments must be made in U.S. dollars. A fee of sixty dollars will be charged for each returned check or credit card chargeback.

Cancellation

JWM Marketing and Web Design reserves the right to cancel service at any time. If JWM Marketing and Web Design initiates the cancellation, prepaid fees may be prorated and refunded at our sole discretion. Any policy violation that causes additional costs, including data transfer or storage fees, will be billed to the customer.
If this agreement is terminated due to a violation of this Acceptable Use Policy, any prepaid amounts, fees, or costs paid to JWM Marketing and Web Design will not be refunded or prorated.

Liability and Obligations on Cancellation

If this agreement ends or is canceled for any reason, JWM Marketing and Web Design will not be responsible for any compensation, reimbursement, or damages. This includes lost profits, expected sales, goodwill, or any costs, investments, leases, or commitments related to your business, or any other losses resulting from the termination or expiration of the agreement.
If you end this agreement, you are still responsible for paying all fees and charges that were incurred before the termination date, as well as any other amounts owed to JWM Marketing and Web Design under this agreement.

IP Address Overlap

JWM Marketing and Web Design manages the network where customer servers operate. Customers may only use IP addresses that are officially assigned by JWM Marketing and Web Design. Any server found using unassigned IP addresses will be suspended from network access until the issue is resolved.

Material and Product Requirements

All content and data placed on JWM Marketing and Web Design equipment must be in a server ready format and must not require any additional changes by JWM Marketing and Web Design. We do not review or verify this material for accuracy, content, or usability. If submitted material is not server ready, it may be rejected. If this happens, you will be notified and given the opportunity to update the material so it meets our requirements.
Using these services requires a basic understanding of internet technologies, software, and protocols. The level of knowledge needed depends on how your website is used and the type of content you plan to host. You are responsible for having the skills required to build and maintain your website. JWM Marketing and Web Design does not provide training or support beyond the services offered.

Intellectual Property Rights

Content accessed through JWM Marketing and Web Design services may be protected by United States or international laws related to copyright, trademarks, trade secrets, or proprietary rights. Unless you have permission from the rights owner, you may not use JWM Marketing and Web Design services, servers, or network in any way that infringes, violates, misuses, or weakens those rights. If you use a domain name with JWM Marketing and Web Design services, you must not use that domain in a way that violates any trademark, service mark, or similar rights owned by another party.

Network Security

Customers may not use the JWM Marketing and Web Design network to bypass security or user authentication for any system, network, or account. This includes accessing data not intended for them, logging into accounts or servers without permission, attempting to crack passwords, testing other networks for weaknesses, or violating another organization’s security rules. Customers are also prohibited from disrupting or denying service to any user, server, or network. This includes activities such as flooding, mail bombing, or any intentional attempt to overload or crash a system or network.
JWM Marketing and Web Design will fully cooperate with investigations involving system or network security violations, including working with law enforcement on suspected criminal activity. Users who violate security rules may face civil or criminal liability. You are fully responsible for the security of any servers or accounts under your control. If your server or website is involved in an attack or unauthorized access against another system, JWM Marketing and Web Design will shut it down immediately. You will also be responsible for any costs required to fix security issues that affect JWM Marketing and Web Design or its customers.

Electronic Commerce

You are fully responsible for the creation, operation, and ongoing maintenance of your online store, products, and all content or materials displayed on your website or included with your products, including but not limited to the following:

  • You are responsible for the accuracy and suitability of all content and materials displayed in your store or related to your products.

  • You must ensure that this content does not violate or infringe upon the rights of any third party and does not contain false, defamatory, or illegal material.

  • You are solely responsible for calculating and applying shipping charges and sales tax. You are also responsible for accepting, processing, and fulfilling customer orders, as well as handling all customer questions, concerns, or complaints related to your store or products.

You are responsible for protecting the security of any customer credit card information and related personal data that you access while conducting online transactions through your website. All such information must be kept confidential and protected using the same level of care and security that you apply to your own confidential information.

Static/Dynamic Content Caching

  • You grant JWM Marketing and Web Design permission to cache your entire website, including any third party content, while it is hosted under this agreement.
  • You agree that this caching does not violate your intellectual property rights or the intellectual property rights of any third party.

IP Address Ownership

JWM Marketing and Web Design retains full ownership and control of all IP addresses assigned to you. JWM Marketing and Web Design reserves the right, at its sole discretion, to change or remove any assigned IP addresses at any time.

Domain Name Registration

The customer agrees to pay JWM Marketing and Web Design the applicable fees listed in the current price schedule before a domain name registration becomes active. If the customer chooses to renew the domain name, payment for renewal fees is also required at the current rates at the time of renewal.
All fees are non refundable, in full or in part, even if the customer’s domain registration is suspended, canceled, or transferred before the current registration period ends. JWM Marketing and Web Design reserves the right to change fees, renewal rates, surcharges, or add new fees at any time, for any reason, at its sole discretion.
A domain name will not be registered until full payment of the registration fee is received and JWM Marketing and Web Design confirms the registration by email sent to the address provided by the customer. If a credit card chargeback or similar payment reversal occurs, the customer agrees that the domain registration will be transferred to JWM Marketing and Web Design as the paying party. JWM Marketing and Web Design reserves all rights to that domain, including the right to offer it for sale to others. Any reinstatement of the domain is solely at JWM Marketing and Web Design’s discretion and requires payment of the applicable registration or renewal fee plus the current reinstatement fee.

Copyright Infringement

Digital Millennium Copyright Act (DMCA)
Under Title 17 of the United States Code, Section 512(c)(2), all notices claiming copyright infringement on any JWM Marketing and Web Design system or website must be submitted only to our designated agent.

Note: The following information is provided only to notify JWM Marketing and Web Design that your copyrighted material may have been infringed.

Warning: Under federal law, knowingly making a false claim that online material is infringing can result in serious civil penalties. These may include financial damages, court costs, and attorney fees incurred by JWM Marketing and Web Design, the copyright owner, or the copyright owner’s licensee who is harmed by relying on the false claim. You may also face criminal prosecution for perjury.
Do not send any requests that are not related to copyright infringement, such as technical support, customer service questions, or email abuse reports, to the contact listed below. Messages sent for any other purpose will not receive a response.
Written notices must be submitted to the designated agent listed below.

JWM Creative LLC
Attention: Legal Department
3632 Land O’ Lakes Blvd Ste 142, Land O’ Lakes, FL 34639
Email: [email protected]

Under Title 17 of the United States Code, Section 512(c)(3)(A), a Notification of Claimed Infringement must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

  • Identification of the copyrighted work claimed to be infringed, or a representative list if multiple works are involved.

  • Identification of the material claimed to be infringing, including information sufficient to locate it, such as the specific URL where the material appears.

  • Contact information for the complaining party, including address, telephone number, and email address.

  • A statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.

  • A statement confirming that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Lawful Purpose

JWM Marketing and Web Design reserves the right to refuse service to anyone. Customers may use our servers only for lawful purposes. The transmission of any material that violates federal, state, or local laws is prohibited. This includes, but is not limited to, copyrighted material, content that is legally considered threatening or obscene, and material protected by trade secrets. The decision to classify any material as prohibited is solely at the discretion of JWM Marketing and Web Design. Regardless of where this agreement is signed, the customer agrees that it is entered into and performed in Walla Walla County, Washington. Any dispute related to this agreement must be resolved through litigation or arbitration in Walla Walla County, Washington. The customer waives any objections to venue or jurisdiction and agrees that all such matters will be handled by courts located in Walla Walla County. In no event shall JWM Marketing and Web Design’s maximum liability exceed five hundred dollars ($500.00).

Indemnification

The customer agrees to defend, indemnify, and hold harmless JWM Marketing and Web Design from any and all claims, demands, liabilities, losses, damages, costs, or expenses, including reasonable attorney fees. This applies to claims made against JWM Marketing and Web Design, its agents, customers, officers, or employees that arise from any service provided, performed, agreed to be performed, or any product sold by the customer, including actions by the customer’s agents, employees, or assigns. The customer further agrees to defend, indemnify, and hold harmless JWM Marketing and Web Design from liabilities arising out of the following:

  • Any injury to a person or damage to property caused by products sold or distributed in connection with JWM Marketing and Web Design’s servers.

  • Any material provided by the customer that infringes or is alleged to infringe on the proprietary rights of a third party.

  • Any claims of copyright infringement related to customer content or products.

  • Any defective products sold by the customer through JWM Marketing and Web Design’s servers.

Disclaimer

JWM Marketing and Web Design is not responsible for any damages your business may experience. All services are provided without any express or implied warranties. JWM Marketing and Web Design specifically disclaims any warranty of merchantability or fitness for a particular purpose. This includes, but is not limited to, loss of data caused by delays, service interruptions, non delivery, misdelivery, or errors related to our services or employees. JWM Marketing and Web Design reserves the right to update or change its policies at any time.
All sub networks, resellers, and dedicated servers operating under JWM Marketing and Web Design are required to follow and comply with all policies listed above.
Failure to comply with any term or condition may result in immediate account deactivation.

JWM Marketing & Web Design
3632 Land O’ Lakes Blvd Ste 142
Land O’ Lakes, FL 34639
(813) 692-9444