The following T.O.S agreement is for all hosting based clients. Including Web Design, streaming audio, and any other monthly accounts.
Hemingway Publications is a division of JJI Web Solutions Inc. All agreements made with Hemingway Publications fall under the TOS of JJI Web Solutions Inc.
Please read the following Terms Of Service agreement before placing any orders. These policies to are designed to protect the best interests of our customers as a whole. Hemingway Publication's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.
Hemingway Publications is a web presence provider allowing a client's web site to be accessed via the client's domain name (i.e theirname.com) by anyone with access to a web browser connected to the Internet. Hemingway Publications provides the disk space in which the files composing client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."
Hemingway Publications only handles the registration process for Client's domain name if specifically requested by the client. Hemingway Publications in no way holds any responsibility for payment of fees required by ICANN for Client's domain name, expect per section 14 of these policies. Client agrees to pay all charges requested by ICANN accredited registrars who will bill client separately without any contact with Hemingway Publications
Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, Hemingway Publications does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.
Any and all parts of this TOS are considered a contract between Hemingway Publications and the original client. This contract will become null and void if said client sells or relinquishes his/her ownership of said product. If this situation arises the new owner will be responsible for a new agreement/contract with Hemingway Publications. Payments or agreements made previous are not transferable.
2. Authorization of Charges
Client authorizes Hemingway Publications to charge credit card supplied by Client per month. If Client requests additional storage space Client authorizes Hemingway Publications to charge an additional price listed by Hemingway Publications.
If verification of Client's supplied credit card information fails requested charge by Hemingway Publication for initial annual fees or for any of the annual fees thereafter Hemingway Publications reserves the right to refuse, suspend, or cancel service pending Hemingway Publications's receipt of valid credit card information from Client. Client agrees to notify Hemingway Publications of any changes to Client's credit card information.
3. Content Restrictions
All services provided by Hemingway Publications may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyright or trademarked material and material protected by trade secret.
Sites that promote any illegal activity, such as warez sites, or host pornographic material are prohibited. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any Hemingway Publications Host's servers.
Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives, Copyrighted Movies.
IRC servers are strictly prohibited.
Hemingway Publications reserves the right to remove any material from Client's web space that is deemed unacceptable by us. Hemingway Publications reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Hemingway Publications is the sole arbiter as to what constitutes a violation of the above provisions.
3.b - No site may use more than 10% and no Reseller account more then 15% of the total server output at any given time.
4. CGI/PHP Application Restrictions
*This section is only applicable to reseller accounts.
The Client is allowed to freely install CGI/PHP applications. However, Hemingway Publications reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.
5. Spam Policy
Hemingway Publications servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spam-ware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.
Hemingway Publications considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one hundred (100) US dollars will be imposed for each spam policy violation. Hemingway Publications is the sole arbiter as to what constitutes a violation of the above provisions.
If a client signs up for a dedicated server and or hosting, and Hemingway Publications finds that the clients info is already black listed for spam in the last 60 days, then the order will be canceled a fee of up to $100.00 will be applied and any down payment will be refunded minus said fee.
6. Server Abuse
Any attempt to undermine or cause harm to a Hemingway Publications server or another Hemingway Publications Client is strictly prohibited.
Any attempt to undermine any Hemingway Publications site or a web site of another Hemingway Publications Client is strictly prohibited and may result in immediate termination of services rendered by Hemingway Publications without refund. Hemingway Publications is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two hundred (200) USD may be implemented for intentional server abuse.
6.b - %CPU Usage Abuse for all public servers. Public servers must balance the load for all clients to experience the same quality hosting. Average %CPU usage ranges from less then %1 up to %5. Sites using more then %10 Daily usage will be warned of their usage abuse. If their site continues to use more then %10 for more then a 10 day period will be asked to purchase a dedicated server or find a new host.
6.c - Dedicated servers purchased threw Hemingway Publications can not be used for spamming purposes. Violations of this agreement will lead to the immediate termination of the clients dedicated server account and no refund will be applied.
Client agrees that it will defend, indemnify, and hold harmless Hemingway Publications from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Hemingway Publications, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless Hemingway Publications against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Hemingway Publications's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from Hemingway Publications's servers.
Hemingway Publications assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
Hemingway Publications will not be held responsible for any damages you or your business may suffer. Hemingway Publications makes no warranties of any kind, expressed or implied, for services rendered. Hemingway Publications disclaims any warranty or merchantability or fitness for a particular purpose. Hemingway Publications assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majored. Hemingway Publications will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Clients be entitled to recover damages from Hemingway Publications.
9. Term - The term of this Agreement will continue until a notice of cancellation by Hemingway Publications or Client is given, or until terminated under other provisions of this Agreement. Hemingway Publications reserves the right to terminate this Agreement with cause upon notification to the Client. Hemingway Publications may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Hemingway Publications to implement this Agreement is disrupted or terminated for any reason.
9.b - These policies can be modified or changed at any time by Hemingway Publications with or without prior notice to client. In most cases Hemingway Publications will inform client of any major policy changes.
9.c - Hemingway Publications has the right to choose payment method. Hemingway Publications accepts all Credit Cards and Pay-Pal. Any other form of payment is decidable by Hemingway Publications. If amount due to Hemingway Publications can not be paid by these forms of payment, Hemingway Publications will not be held liable and may hold all services and assets under customers accounts up to the amount owed to Hemingway Publications, Including but not limited to Dedicated Servers, Reseller Hosting, Hosting and Domains.
9.d - Any reseller accounts will automatically be on a semi annual contract. If the client decides to end their reseller's account any remaining months of payment up to 6 months will be the clients responsibly to pay to Hemingway Publications.
9.e - If a client using normal hosting plans decides to end their hosting with Hemingway Publications 1 months (30 days) notice must be given. Any payments that arise during this 1 month (30 days) will still be the responsibility of the client. If this notice is not given the client will still be responsible for the remaining month(s) of payment(s). If any advance payments have been made for hosting and have not been utilized at time of canceling said payments will not be refundable.
9.f - Dedicated server clients beyond there first month who chooses to end there dedicated server agreement are responsible for a one months notice of cancellation. If they do not give the one month notice they will still be responsible for the payment of said server for one more month. Dedicated server clients that choose to end their agreement with Hemingway Publications within the first month waive their right to a refund. If due to circumstances that Hemingway Publications finds it applicable to issue a refund (exp. Server did not meet the needs of the client due to no fault of there own) Hemingway Publications will charge a $75.00 set up fee and a prorated amount per each days use.
9.g - Dedicated server clients beyond their first month who chooses to end their dedicated server agreement are responsible for a one months notice of cancellation. If they do not give the one month notice they will still be responsible for the payment of said server for one more month. Dedicated server clients that choose to end their agreement with Hemingway Publications within the first month waive their right to a refund. If due to circumstances that Hemingway Publications finds it applicable to issue a refund (exp. Server did not meet the needs of the client due to no fault of their own) Hemingway Publications will charge a $75.00 set up fee and a prorated amount per each days use.
10. Presumption of Agreement
By signing up with Hemingway Publications, be it using Hemingway Publications's online sign up form or contacting in any way an employee, officer, agent, and director with request for Hemingway Publications to provide Client services, Client (1) authorizes Hemingway Publications to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Hemingway Publications will be entitled to damages, costs, and attorney's fees from the Client.
12. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
13. Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the laws of the State of NJ & IL and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ & IL.
14. Domain Agreement
Hemingway Publications may provide new top-level domain name for new clients as requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the client while client remains hosted at Hemingway Publications The client is responsible for renewing domain name by contacting the sales department. Should client decide to switch hosting providers, client agrees to pay for all fees included in transferring ownership of their domain name when applicable.
15. Late Payment / Fee Agreement
Hemingway Publications late payment fee will be applied after 30 calendar days. If the account goes beyond 30 days late it is subject to suspension at any time from 30-90 calendar days depending on the type of account. Once suspended, the account will not be reactivated till the original payment plus any acquired late fees are paid in full.
Standard Late Payment Fees will vary based on the product the client is using. However it will be clearly stated in the Terms section of their invoice.
Invoice emails, including late payment emails, will be sent from email@example.com. All clients are responsible for checking the email they provided with Hemingway Publications. Hemingway Publications is not responsible for clients who change there email with out notification, or clients who don't check the email provided (or its junk bin).
16. Customer Content
Hemingway Publications will do the best job it can at keeping active backups of all content stored on our servers, however due to software issues or hardware issues there is never a full guarantee of content protection. Clients are responsible for frequently backing up their own files. Hemingway Publications cannot be held responsible for the loss of files, revenue loss due to data loss, or any other unforeseen costs that could arrive due to the loss of client content.
The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications
Hemingway Publications may make amendments or modifications to this Agreement at any time. Whenever practical, Hemingway Publications will notify Client of changes to this Agreement.