General
ChefLisa Inc. dba JSW4.NET (JSW4.NET) provides web page hosting, Internet email service, and a variety of related networking and consulting services. Some other brands we use to sell these services are Kinetix Hosting and Decorative Image. We try to provide these services subject to as few limitations as possible; however, we reserve the right to suspend or cancel a customer's service without notice for any reason, not just those specified in in this document. It is the responsibility of the customer to review this document on a regular basis to be aware of changes as they occur. Use of JSW4.NET services or any of our branded services constitutes acceptance of all these terms, including the terms and conditions of the documents that are included in this by reference.
Supplemental Included Agreements
One related service JSW4.NET provides to our customers is Domain Name Registration. We provide these services as resellers of OpenSRS. Those customers who use this service are additionally bound by the agreement with OpenSRS and agree to the Uniform Domain Name Dispute Resolution Policy. These documents are included in this agreement by reference for any clients of JSW4.NET who use our Domain Name Registration Service.
- OpenSRS Contract for .com, .net and .org domains
- Uniform Domain Name Dispute Resolution Policy (UDRP)
JSW4.NET is a Hosting Partner of Six Apart Inc, for the purposes of providing Movable Type Publishing Platform software to some of our customers. We sell a month-to-month subscription to use Movable Type as a value-added part of our hosting service. Customers of the blog hosting service are granted a subscription license to Movable Type, that software is supported by JSW4.NET, and the license ends when your service JSW4.NET ends. Use of the software is additionally subject to all the terms of the relevant SixApart license that are included in this agreement by reference. The customer's use of the software consititutes acceptance of the terms described in the applicable Movable Type License Agreements.
- Movable Type Personal license,
- Movable Type Commercial 5 user license,
- Movable Type Commercial 10 user license.
Privacy
In order to do business with our customer, JSW4.NET requires personally identifying contact information that may include some of the following including but is not necessarily limited to:
- Address
- Phone numbers
- Email addresses
- Credit card numbers or other financial information
- Business references
- Invoice and payment history
Your trust is important to us, so we protect this information with a number of different safeguards. When the information is transmitted on the Internet it is secured via the Secure Sockets Layer (SSL), which can be verified in your browser and with the Certificate Issuing Authority.
We will only use this information to better serve your needs. We will not add you to our promotional mailing list unless you request it. (opt-in) We will not give or sell this information to third parties except as noted in the next paragraphs. As a customer you may receive notifications of network events we believe are relevant to the service we provide you. Notifications should be infrequent and are typically short memos about network maintenance.
We are resellers of OpenSRS's domain name registrations. To register a domain name, certain personally identifiable information is required, this information is stored in a publicly accessible WHOIS database. This information includes your name, email and postal addresses, and your phone and fax numbers.
We use Authorize.Net to process our payments, and so we must provide them with your credit card number and certain other information to process the transaction. This information is encrypted when it is exchanged.
We are authorized Hosting Partners of SixApart Inc; we are required to provide them an email address and the domain name, along with certain details about the type of license resold to you if you are a customer who uses the Movable Type software available as a value added component of your hosting service.
These are the only times we will disclose any personally identifiable information to a third party except when compelled by legal means.
You may use the systems we provide (i.e., the account control panel) to verify or modify your contact information, or you can contact us directly during business hours to verify or modify your contact information.
Use of our web sites and servers is logged extensively. This information identifies you by the IP address that you use to access the Internet. Once you have logged into one of our websites using a ID (or Login) and Password that information is also logged.
Certain parts of our site may require the user to enable cookies to be stored on their servers; typically this will occur after a customer has logged into a private section of the site.
If you have any questions or concerns about our privacy policy you are encouraged to contact us.
Specifically Prohibited Activities
All illegal activities are prohibited, customers may only use the services for lawful purposes. Illegal activities will result in immediate termination of accounts. Certain material is illegal to transmit on the Internet because it goes across state and national borders. This includes but is not limited to copyrighted material, threatening or obscene material. JSW4.NET reserves the right to refuse service to anyone promotes hate or violence.
JSW4.NET will not tolerate unauthorized attempts to use, or use of, other peoples' computers, or their accounts on computers. Such activities include but are not limited to: social engineering, cracking, and running programs or scripts to check for vulnerabilities. Such activities will result in the immediate suspension or termination of a customer's account.
UCE, Unsolicited Commercial Email, or spam is not permitted. We will investigate complaints of UCE or other spam, and suspend or terminate accounts for such activities if discovered. Our customers are also prohibited for using other mail servers to send UCE which refer to sites hosted with JSW4.NET, or our retail service Kinetix Hosting or any resellers of our web hosting service. Most news groups and mailing lists have formal policies which if ignored can result in suspension or termination of accounts. Our tolerance for spam is so low that it can be considered non-existent for all practical intents and purposes.
JSW4.NET uses several black-lists to deny mail from certain known SPAM friendly locations, and we operate various other measures to identify SPAM for our customers once it has entered out mail severs; but we never automatically discard mail for a customer once it has been accepted for delivery. It is possible for customers to configure their mailboxes so that mail tagged as SPAM will be discarded; JSW4.NET is not responsible for any damages relating to lost e-mail.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All JSW4.NET customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a JSW4.NET customer (per the DMCA) to JSW4.NET must follow the below procedures. Copyright infringement notifications submitted to JSW4.NET according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at the sole discretion of JSW4.NET.DMCA Copyright Infringement Notification Requirements
- Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the material claimed to infringe the copyright(s), and enough information for JSW4.NET to locate it including URLs and specific descriptions of the infringing material at each URL.
- The Claimant's name, address, and telephone number(s).
- A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
- A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
- Mail the notification to:
ChefLisa Inc., dba JSW4.NET
Attn: Legal Department
187A Route 34
East Chatham NY 12060
Disclaimers and limit of liability
Customers of JSW4.NET agree to defend JSW4.NET against liabilities and hold JSW4.NET harmless for the actions of the customer. Specifically the customer indemnifies JSW4.NET from damages relating to products or services advertised or sold on the web sites or servers; any damages relating to copyright or other property or intellectual rights infringement by the customers.
JSW4.NET will be responsible for loss of connectivity of the website only to the extent that we will provide a prorated refund of the service fees for the effected servers upon written request of the customer.
JSW4.NET is not responsible for loss of data. Backing up data is the sole responsibility of the customer.
JSW4.NET does not ordinarily provide any repair services for computer hardware, and is specifically not responsible for any damages to client's computers which is incidental to our work.
Payment and refund policies
All invoices are payable to JSW4.NET. Kinetix Hosting accounts are prepaid. We are pleased to accept credit cards. You may view your account on-line through your control panel at any time.
The customer is responsible for all charges to their account from the time it is setup to the time they inform us that they wish to cancel the account. JSW4.NET reserves the right to bill for all time spent on behalf of the customer including time off-site and traveling time.
JSW4.NET invoices customers for consulting and other services upon credit approval. Invoices are due upon receipt and a late fee of 1.5% per month is assessed for all balances over 30 days. JSW4.NET reserves the right to bill the client for all work performed on their behalf. Unless otherwise specified our standard hourly rate for services is $125 per hour. We bill for all expenses incurred on the client's behalf, including travel expenses. Use of our services in other than the authorize fashion will be billed at time and a half. (See UCE.)
Money Back Guarantee: Certain services purchased from JSW4.NET, Kinetix Hosting are subject to a 30 day satisfaction guarantee. Kinetix Hosting services which are not subject to this guarantee are noted as such on the Kinetix Hosting site. If the customer is dissatisfied with the hosting service in the first 30 days and wishes to cancel their account, we will refund their service fee. We will not refund fees for extra resources purchased or setup fees, except in extraordinary circumstances. The refund may be requested right from the customer's control panel, or the customer may contact us to request the refund.
Acceptance and change procedure
Any questions about these policies should be submitted to JSW4.NET in writing. We reserve the right to change these policies from time to time. It is the responsibility of the customer to review this page on a regular basis to make themselves aware of changes as they occur. Use of JSW4.NET services or any of our branded services constitutes acceptance of all these terms.
Last Modified: August 30, 2005
Modified: June 1, 2005
Modified: December 30, 2003
Modified: August 11, 2003
