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Terms of Service

Acceptable Use Policy & Terms of Service

Please read before using our service

THIS AGREEMENT BETWEEN JKookServ and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”)



 

WHEREAS JKookServ agrees to furnish IT - internet based services associated with web sites, web hosting, and domain registration, vpn services and dedicated servers to the User.

Use of JKookServ Service constitutes acceptance and agreement to JKookServ's policies are subject to the terms above and as follows:

Content:
At JKookServ, we strongly prohibit the use of any our service for any illegal activities. User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following.

Examples include but are not limited to:
1. Any copyright, patent, trademark, or other intellectual property right.
2. Child Pornography
3. Hate content
4. Threatening, racial, or otherwise abusive content.
5. Any and all content inciting, instructing, or promoting illegal activities.

ex)
* Game sites
* Adult sites
* Proxy sites or scripts
* IP Scanners
* Mass mail scripts
* Banner-Ad exchange or rotation
* AutoSurf PTC/PTC/PPC
* Free Hosting
* Pirated Software/Warez
* Image hosting
* Media streaming sites
* File mirror scripts or sites.

Payment:
Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month's service.

Payments and Fees:
Accounts that reach 3 days past due will be suspended. Accounts that are not collectable by JKookServ may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
Requests for canceling accounts may be made in writing or through the client area.
JKookServ’s preferred method of cancellation is via the client area of your JKookServ account. Please log into the client area and you can request to have your account cancelled.

Disclosure to Law Enforcement:
At JKookServ, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition JKookServ shall have the right to terminate all service set forth in this Agreement.

Support Boundaries:
JKookServ, provides technical support to our subscribers and our staff is limited to our area of expertise.

The following are our guidelines when providing support:
- JKookServ does not offer tech support for application specific issues such as cgi programming, html or any other such issue.
- JKookServ does not provide technical support for YOUR customers. If you can email, we encourage you to email support[at]JKookServ.com for assistance.

SPAM and Unsolicited Commercial Email (UCE):
JKookServ takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of JKookServ may not use or permit others to use our network to transact in UCE. Customers of JKookServ may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of JKookServ's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, JKookServ will initiate an immediate investigation (within 48 hours of notification). During the investigation, JKookServ may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, JKookServ may, at its sole discretion, restrict, suspend or terminate customer's account. Further, JKookServ reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. JKookServ will notify law enforcement officials if the violation is believed to be a criminal offense.

As our Customers are ultimately responsible for the actions of their clients over the JKookServ network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Network

Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). JKookServ will monitor Customer's bandwidth and disk usage. JKookServ shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in JKookServ's sole and absolute discretion. If JKookServ takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, JKookServ may, at its sole discretion, collect a deposit, in an amount determined by JKookServ, against customer's payment information on file with JKookServ. Customer shall not use bandwidth or disk usage for warez, proxy, file sharing, p2p, streaming media files, IRC, game servers, streaming related sites, heavy forum sites, disk storage or any other unreasonable use. Unlimited features are only for reasonable use. Any Master Reseller/Reseller account should not offer free hosting.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of the JKookServ Network. Violations of system or network security may result in civil or criminal liability. JKookServ will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:
JKookServ is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

JKookServ takes no responsibility for any material input by others and not posted to the JKookServ Network by JKookServ. JKookServ is not responsible for the content of any other web sites linked to the JKookServ Network; links are provided as Internet navigation tools only. JKookServ disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

JKookServ is not responsible for any damages your business may suffer. JKookServ does not make implied or written warranties for any of our services. JKookServ denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by JKookServ.

Cancellation Policy:
- Refund will be provided only if customer experiences technical problems caused or related to items 100% controlled by JKookServ.
- Refund is granted by JKookServ's sole discretion.
- Refund decisions made by JKookServ are final.
- Service used percentage will be deducted while making the refunds.
- Refunds are not given for downtime caused by customer actions or 3rd party software.
- Refund does not include any software such as control panel or items bundled together with the server.
- Service used percentage will be deducted while making the refunds.
- Refunds are not given for the payment already made.
- Domain will be transfered upon your request.
- Domain transfer is not given if client does not notify us within 5days from cancellation.

Please note:
JKookServ will not issue refunds to users who have their account terminated by JKookServ, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

Responsibility for Content:
You, as JKookServ's customer, are solely responsible for the content stored on and served by your JKookServ server.

All provisions of this contract are subject to the TOS (Terms of Service) of JKookServ and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.