Joinery Web Hosting: Terms of Service

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Joinery agrees to furnish web hosting services to you, subject to the following Terms of Service. Use of Joinery's service constitutes acceptance and agreement to Joinery's Terms of Service.

Joinery reserves the right to modify the Terms of Service without notice. You agree that Joinery may modify this agreement and the services it offers to you from time to time. You agree to be bound by any changes Joinery may reasonably make to this agreement when such changes are made.

Parties

These Terms of Service set forth the terms and conditions of your use of our web hosting and related services. In this agreement "you" and pronouns in the second person refer to you as the user of our hosting services, or any agent, employee, servant or person authorized to act on your behalf. "We" and pronouns in the first person refer to NS CREATIVE GROUP LLC, d.b.a. Joinery, as well as its subsidiaries and sister companies ("Joinery"). This agreement explains our obligations to you, and explains your obligations to us for the various services or products offered by Joinery.

Use of Services

You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Joinery of any unauthorized use of your account or any other breach of security. Joinery will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using our services. You will not engage in any activity that interferes with or disrupts Joinery's services or networks connected to our services.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Joinery will impose fees and/or pursue civil remedies without providing advance notice.

Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.

Spam and Unsolicited Bulk Email (UBE): Joinery has a zero tolerance policy on spam, Junk E-mail or Unsolicited Bulk Mail ("UBE"). Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup or forum charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Joinery whether or not the message actually originated from our network.

Mailing Lists: Joinery's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Joinery and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Joinery's services may not be used to facilitate infringement of these laws in any way.

Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Joinery or Joinery's customers.

Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

Joinery does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Joinery routinely monitor the network communications of customer Joinerys as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Joinery. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.

Invoicing and Payment for subscription-based services

You agree that Joinery shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services such as web hosting or similar subscription-based services. Payment for subscription-based services is due in advance. Subscription-based services may be interrupted on accounts that are past due. Accounts that are not collectable by Joinery may be turned over to an outside collection agency for collection.

Subscriber is aware that Joinery may prospectively change the specified rates and charges from time to time.

Joinery is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Joinery. Currency exchange settlements will be based on agreements between you and the provider of your credit card.

Uptime Guarantee

Joinery provides a 99.9% uptime guarantee on all Joinery hosing services, and on network connectivity. In any given month, if your Joinery-hosted site is down for more than 0.1%, you may request a pro-rated credit for the down-time.

Support Boundaries

Joinery, provides technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support for web hosting: Joinery provides support related to your Joinery hosted site physically functioning. Joinery's web hosting support does not include technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Joinery does not provide technical support to your customers. Additional support services may be available from Joinery for a fee.

Account Cancellation or Suspension

Joinery reserves the right to suspend network access to any customer if, in the judgment of the Joinery network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Joinery chooses. Joinery will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Joinery reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended under such action.

If at any time it becomes necessary for Joinery to cancel a customer's service without cause, Joinery will provide 30 days advance notice.

You may cancel the service at any time by submitting a support ticket requesting cancellation. Accounts are canceled immediately after confirmation. Cancellation will result in permanent deletion of your account and all its data, including backups, from Joinery servers. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.

Network

If Joinery assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Joinery, and Customer shall have no right to use that Internet Protocol address except as permitted by Joinery in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.

Limitation of Liability

Subscriber acknowledges that the hosting service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Joinery and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Joinery shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Joinery. Subscriber further acknowledges that Joinery's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Joinery be liable for any special or consequential damages, loss or injury. Joinery is not responsible for any damages your business may suffer. Joinery does not make implied or written warranties for any of our services. Joinery 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 Joinery.

Disclosure to Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Joinery may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to You. In addition, Joinery shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer

You agree that your use of Joinery's services shall be at your sole risk. All services provided by Joinery are available as is, without warranty.

Indemnity

Joinery wishes to emphasize that in agreeing to the Joinery Terms of Service, customer indemnifies Joinery for any violation of the Terms of Service that results in loss to Joinery or the bringing of any claim against Joinery by any third-party. This means that if Joinery is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Joinery, plus all costs and reasonable attorney's fees.

Notice

You agree that Joinery may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Joinery services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Joinery with regard to web hosting and govern your use of Joinery's hosting services, superceding any prior agreements between you and Joinery for the use of Joinery's hosting services.

Choice of Law and Forum

The Terms of Service and the relationship between you and Joinery shall be governed by the laws of the Texas without regard to conflict of law principles. You and Joinery agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Grayson, Texas.

Waiver and Severability of Terms

The failure of Joinery to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Joinery services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

For information on how we collect and use customer information, please refer to our Privacy Policy.

This policy was last updated on February 4, 2018.

Document ID: 06a4061a75cb8cec36ecee15ec794e56eb198554afd058f939f27fc33c344b44