Terms of Service
Jump Web Services Limited CUSTOMER SERVICE AGREEMENT
This is an agreement between you and Jump Web Services Limited regarding your use of Jump Web Services Limited's computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Jump Web Services Limited makes the services offered available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with webhosting or similar services. Under this Agreement, you must comply with Jump Web Services Limited's then current "Acceptable Use Policy," as updated from time to time by Jump Web Services Limited.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. Jump Web Services Limited will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the paymentplan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. You must have all account information to cancel (account name, domain name and login password) and email to us; you can use the support form located here. If you do not provide this notice, you will be charged for the next terms rate.
2. Jump Web Services Limited's services are provided on an as is available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Jump Web Services Limited expressly disclaims any representation or warranty that the Jump Web Services Limited services will be error-free, secure or uninterrupted. No oral advice or written information given by Jump Web Services Limited, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography (as deemed unlawful by the laws of the HKSAR). Violations of these or any other provisions of this Agreement may result in termination of the services provided by Jump Web Services Limited, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Jump Web Services Limited based upon the severity of the violation. Jump Web Services Limited reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Jump Web Services Limited's then current Acceptable Use Policy, in the sole and absolute opinion of Jump Web Services Limited. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Jump Web Services Limited from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Jump Web Services Limited, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Jump Web Services Limited reserves the right to change the specified rates and charges from time to time.
5. We do not provide domain name registration service unless accompanied with a web or email hosting plan. Should you require domain name registration only there is an additional one-off admin fee of HK$500.
6. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Jump Web Services Limited will not change passwords to any account without proof of identification, which is satisfactory to Jump Web Services Limited, which may include written authorization with signature. In the event of any partnership break-up, divorce, death or any other legal problem that includes Account Holder, Account Holder understands that Jump Web Services Limited will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Jump Web Services Limited be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Jump Web Services Limited from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
7. The Account Holder agrees not to harm Jump Web Services Limited, its reputation, computer systems, programming and/or other persons using Jump Web Services Limited's services. Jump Web Services Limited reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Jump Web Services Limited are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to lease a dedicated server. Jump Web Services Limited will credit any unused portion of prepaid services towards setup and lease fees for a Jump Web Services Limited dedicated server. If the Account Holder refuses to comply with this Section, then Jump Web Services Limited has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Jump Web Services Limited and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Jump Web Services Limited. The terms of this Section will survive any termination of this Agreement.
8. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Jump Web Services Limited.
9. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Jump Web Services Limited has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Jump Web Services Limited Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Jump Web Services Limited, Jump Web Services Limited may terminate the services being provided to the Account Holder.
10. Jump Web Services Limited will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Jump Web Services Limited be liable to the Account Holder for any damages resulting from or related to any failure or delay of Jump Web Services Limited in providing access to the Internet under this Agreement. In no event shall Jump Web Services Limited be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Jump Web Services Limited under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
11. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Jump Web Services Limited account may not be transferred without prior written approval from Jump Web Services Limited. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Jump Web Services Limited services, including any damages resulting there from, until the Account Holder notifies Jump Web Services Limited's customer service.
12. If Jump Web Services Limited assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Jump Web Services Limited services, the right to use that Internet Protocol address will remain with and belong only to Jump Web Services Limited, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Jump Web Services Limited in its sole and absolute discretion.
13. This Agreement constitutes the entire agreement between the Account Holder and Jump Web Services Limited with respect to the Jump Web Services Limited services and supersedes all prior agreements between the Account Holder and Jump Web Services Limited. Jump Web Services Limited's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
14. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in the Hong Kong SAR. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
15. The Account Holder agrees to indemnify and hold Jump Web Services Limited harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Jump Web Services Limited will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
16. Jump Web Services Limited may include the Account Holder's name and contact information in directories of Jump Web Services Limited service subscribers for the purpose promoting the use of the services by additional potential clients. However, Jump Web Services Limited is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
17. The interpretation and enforcement of this Agreement shall be governed according the laws of the Hong Kong SAR. The Account Holder hereby consents to personal jurisdiction in the law courts of the Hong Kong SAR for any action arising out of or relating to the Account Holder's use of Jump Web Services Limited services. The law courts of the Hong Kong SAR will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable lawyer's fees. The terms of this Section will survive any termination of this Agreement.
18. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
19. Jump Web Services Limited may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
20. To cancel hosting & domain, the one month's termination notice must be given in writing at least one month before the next order date, otherwise hosting & domain services will be deemed continued. Failure to comply with the notification of DNS change, this will mean that the hosting & domain name may be deemed continued if due written notice has not been given at least one month before the next order / expiration date and therefore the hosting fees will still be payable.
21. If, within 7 days of th edate of purchase, you are not 100% satisfied with the hosting services provided by Jump Web Services Ltd, you can have a full refund. However there are NO refunds for domain names purchased.
22. If an account holder's account becomes overdue, the account will be suspended. Interest will accrue on the overdue account at a rate of 5% per month until the outstanding balance is paid in full.
23. If an account holder charges back for services rendered, a HK$500.00 charge back fee will be added to the amount charged back by the customer.
24. If an account holder's account is overdue for 90 days, the account will incur a 30% handling fee and will be handed over to an outside collection agency.
25. All accounts are subject to verification.
What does Jump Web Services Limited consider "Adult Material?"
Any site whose revenue is gained in part or whole from its adult content.
Photographs, images or videos showing frontal nudity of either men or women for non-scientific or non-artistic purposes.
Revenue-generating hyperlinks to sites whose revenue is gained in part or whole from its adult content.
Jump Web Services Limited reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.