This policy has been developed in order to make clear the terms under which jphostworks provides web infrastructure services to clients. By purchasing services from us clients must agree to be bound by these Terms of Service (TOS) and any future revisions to this document.

Please contact us with any questions relating to our policies or to report any violations.

/acceptable use/ In order to meet legal and ethical responsibilities jphostworks enforces an Acceptable Usage Policy (AUP) that details what is and is not considered responsible and appropriate use of jphostworks' services. The AUP should be considered part of these Terms of Service, and as such clients are bound to abide by it.

/rates, payment, and renewal/ Each of jphostworks' service agreements specify a rate and term, and may include a one-time setup fee. Clients must remit their first payment prior to jphostworks' provision of services. Payments are due seven days after the invoice's date of issue. Late payment may attract a fee and persistent late payment or non-payment is grounds for jphostworks' termination of the agreement. The service agreement renews at the end of each term for a further term of the same period until such time as the agreement is terminated. Clients will be invoiced on each renewal date for the same rate - excluding any one-time fees - as was charged for the original service agreement. If a client's resource use exceeds that specified in their service agreement jphostworks may issue an ad-hoc invoice for fees relating to that over-usage. The rates displayed on jphostworks' web site are in United States Dollars and include GST payable by Australian clients only.

/cancellation and refunds/ Clients may cancel their service agreement at any time, however clients remain liable for all invoices issued prior to the date of cancellation and for invoices issued at any time as a result of a client's violation of these Terms of Service. Any client files remaining on jphostworks' network will become unavailable upon cancellation of a service agreement. Accordingly, clients should ensure they maintain regular local backups of their content. Refunds for unused whole-month portions of a service agreement may be issued at jphostworks' discretion, however any once-off fees charged by jphostworks are non-refundable.

/warranty and support/ jphostworks provides services on an "as-is" basis and does not warrant that any product or service: will be fit for any particular purpose; will be error-free; will be uninterrupted; nor will be secure. jphostworks' support is limited to issues affecting the operation of our web infrastructure services. The support included in service agreements does not extend to the programming, installation, or debugging of client content or applications. However, should such support be required it may be available for an additional fee.

/liability and indemnification/ jphostworks disclaims all liability for loss or damages arising from the use of jphostworks' services or for the content which may be stored or transferred on the jphostworks network. In no event will jphostworks' liability in contract or tort exceed the monthly dollar amount of the client's service agreement fees. Clients must agree to indemnify, defend, and hold harmless jpwebworks and jphostworks, employees, directors, and agents against any proceeding brought by a third party, including any expenses arising from such proceedings, arising from the client's use of jphostworks' services.

/registration or transfer of domain names/ jphostworks' domain registration and transfer services are provided under the terms detailed in the Domain Name Services Agreement. That document should be considered part of these Terms of Service, and as such clients are bound to abide by it.

/resale/ jphostworks does not allow the resale or transfer of its services or service agreements to third parties without prior arrangement.

/privacy/ jphostworks' Privacy Policy details how we may and may not use clients' personal information. Whilst it does not form part of these Terms of Service, clients are advised to acquaint themselves with that document.

/violations/ Should a client violate these Terms of Service or associated policies jphostworks reserves the right to suspend or terminate the client's service agreement without notice. jphostworks retains the right to audit a client's use of jphostworks services in order to ensure compliance with its Terms of Service and related policies or in order to investigate reports of abuse.

/refusal of service/ jphostworks reserves the right to refuse service to any applicant.

/amendment/ jphostworks reserves the right to amend its terms and policies without notice.

Updated: May 2002