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Web Hosting Terms & Conditions |
February 2011
This agreement
applies to small business, non-profit organizations, or
residential customers seeking custom web hosting and website
design services with or without additional services listed in
this agreement.
Jiaturk
Technologies is also referred as the company, Abramson
Communications, the provider. The customer is referred to as the
user wanting web hosting services or web design services on the
Jiaturk Technologies Internet servers. The Referred Website:
http://www.jiaturk.com.
Jiaturk Technologies is license to do business in the state of
Maryland. This is a legal and binding agreement between you, the
Customer, and Jiaturk Technologies. By using, installing, or
accessing the Jiaturk Technologies website, the Services and
certain Products that are offered, as our Customer, you agree to
all of the terms and conditions of this agreement. If you do not
agree to these terms, the Acceptable Use Policy or any other
Terms and Conditions posted on the Jiaturk Technologies web site
as well as on this agreement form, all services requested will
be discontinued, or any current services will be discontinued
and activation of the customer’s account will cease and the
customer’s account terminated.
You, the customer
agree to establish a web hosting service account with our
company Jiaturk Technologies. The web hosting account means that
you the customer request that we create and or hold your website
on our network server for the Internet public to view and access
24 hours, seven days a week until terms of this binding
agreement shall expire. You, the customer also agree that
additional services may be included such as website design or
ecommerce shopping cart services from us and that there may be
other services that you, the customer may request within such
services that our company (Jiaturk Technologies) may offer and
may be included as additional services to your web hosting
agreement. Moreover, you understand that there may be additional
fees associated with any additional services. It is further
understood by you, the customer that all web hosting service
agreements at the end of its binding agreement terms shall roll
over automatically to a month to month agreement. After such
time, should a customer request to close their account that it
shall be performed in writing to our company Jiaturk
Technologies to cancel such services.
You, the customer
also agree to pay for your services monthly by check, money
order, Visa, MasterCard, or Visa/MasterCard Debit, American
Express, or Discover Card each month for the amount and terms
you agreed upon to purchase our services on a written agreement
such as on this agreement form or online from our website at the
www.jiaurk.net website. The first month’s payment will be due
upon at the signing of the agreement or sooner plus any
additional web design fees, domain name fees or domain transfers
and domain maintenance to the Jiaturk Technologies network. Then
the web services monthly payments will be due the first of every
month. Payment received in our office (10) calendar days late
from the due date are considered late and a late fee charge of
$5 will be accessed. Should our company, (Jiaturk Technologies)
not receive the customer’s payment within (20) calendar days,
the customer’s account may be terminated. A customer may
re-establish their overdue account. A reactivation fee will be
imposed for the amount of $20 plus any overdue amounts to bring
the account to the current billing. Should the customer’s
delinquent account reach (30) days late, all data belonging to
the delinquent account our network servers will be deleted
permanently for the overdue account holder. You, the customer
also agree that there are no refunds for any web services,
domain name purchases, transfers, maintenance fees, or any other
services that we offer you the customer.
You, the customer
understand that this agreement is a legal binding contract to
the terms set forth on this agreement form according the web
hosting packages and services that you the customer have
selected. Should you, the customer cancel this agreement, a
cancellation charge of $175.00 will be imposed. You understand
that this charge will be deducted from any credit card, or debit
card used by the customer when the customer originally opened
their web hosting account with our company.
If the customer
did not used a credit card or debit card to pay for our web
hosting services, the account of the customer will remain open
with no access to such account and the cancellation charges will
be imposed,. The customer will be required to pay their
cancellation fee in cash, bank check-Treasure’s check, or a
money order. Personal checks will not be accepted. Jiaturk
Technologies reports any delinquent accounts to the credit
bureaus.
Return
Checks:
Any personal or business bank check
returned for STOP payment, Non-Suffient Funds (NSF), Account
closed, or any business or personal check not paid for any
reason, you, the Customer will pay the fee of $45.00 to Jiaturk
Technologies including any collection fee accessed. If you the
customer’s web hosting account become delinquent and needs to be
taken to our collections department or any third party
collections agency, you the customer will be responsible for any
outstanding balances, any collection and attorney fees or any
cost that cost our company Jiaturk Technologies to collect on a
debt that you may owe our company. You the customer agree that
the laws of the state of Maryland shall govern the validity of
this agreement, the construction of its terms, and
interpretation of the rights and duties of the parties hereto.
Any controversies arising out of the terms of this agreement or
its interpretation shall be settled in Maryland in accordance
with the rules of the American Arbitration Association, and the
judgment upon award may be entered in any court thereof.
The registration
of any new Domain names is not final until payment is received
either online or mailed to the mailing address on this agreement
form. There are no cancellations or returns on Domain Name
registration purchases, and Domain name transfers. All Domain
name sales are final. All Domain Name registrants are the
registered owners for the term that was purchased for their
Domain name. Jiaturk Technologies does not own Domain names that
Domain applicants register on the www.jiaturkturk.net website.
Jiaturk Technologies hosts and parks Domain names of registered
Domain name owners for a specified fee. See Web hosting packages
for more information.
Jiaturk
Technologies does not offer or guarantee one hundred percent up
time on our network servers. Hardware failure and software
failures are possible. You, the customer understand working
knowledge that there may be some downtown on all network servers
due to hardware or software upgrades, equipment failures,
Internet disruption, or any other disasters they may bring
connection failures and down time to the network and your
website. All data is backup weekly not daily. All customers
should have a copy of their website for their protection of data
loss as well. Jiaturk Technologies backups are weekly to help
keep cost down.
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Web hosting
customers who choose to pay for their web hosting and any other
service by personal or business check may mail their checks or
Money Orders to the address exactly stated below. Please allow
personal checks 12 business days to clear before the Web hosting
services begin. Money orders or Personal checks need to have
checks payable to:
Jiaturk Technologies
All checks or
money orders should be for the total amount of the hosting plan
and any Domain name Registration fees based on the package
chosen by the customer. See website for details on the web
hosting packages or on this agreement form. All customers will
receive a monthly bill for all their web and computer services
from Jiaturk Technologies. All payments should be mailed to:
Payment
Address
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END USER
LICENSE AGREEMENT
LICENSE
GRANT. Subject to the provisions contained herein and
payment of applicable fees, JIATURK Technologies hereby
grants to you a non-exclusive, nontransferable, license to
use its accompanying proprietary software application
products offered on the JIATURK Technologies web site
("Software",) for your own use. Such Software is protected
by the JIATURK Technologies laws of the United States and
international treaties.
RESTRICTED
USE. All rights not expressly granted herein are retained by
JIATURK Technologies and its licensors. Except as stated
above, this Agreement does not grant the Customer any
intellectual property rights in the Software. Customer shall
not rent, lease, any of the software on the Jiaturk
Technologies Server. All property on the Jiaturk
Technologies Server are property of Jiaturk Technologies and
it’s customers that created such property. It is recommended
that customer make copies for their own benefit of any
pictures, words, letters, phrases used on the website for
backup.
transfer or
sublicense the Software. Customer shall not store, upload
and or exchange pornographic material on the JIATURK
Technologies Server Customer shall not under any
circumstances sell for profit on the JIATURK Technologies
any music that is copyrighted nor shall Customer permit a
third party to (i) decompile, disassemble, reverse engineer
or otherwise attempt to reconstruct or discover the source
code of the Software or (ii) prepare derivative of the
Software or (iii) remove any product identification, JIATURK
Technologies, trademark or other notice from the Software.
Any such copy made by you shall be subject to this Agreement
and shall contain all of JIATURK Technologies's notices
regarding JIATURK Technologies's, trademarks and other
proprietary rights as contained in the Software originally
provided to you.
TITLE.
The Software's organization, structure, sequence, logic, and
source code are valuable to the Company. Any and all title,
ownership rights, and intellectual property rights in and to
the Software and Documentation shall remain at any and all
times in JIATURK Technologies and/or its suppliers. Title,
ownership rights, and intellectual property rights in and to
the content accessed through the Software is the property of
the applicable content owner and may be protected by
applicable JIATURK Technologies or other law. This License
does not give Customer any rights to such content.
LIMITED
WARRANTY. JIATURK
Technologies warrants to the Customer, for a period of
ninety (15) days from the date of this agreement,
installation of Software, or use of services, whichever is
earlier, that it will replace any defective media on which
the Software is provided and that the Software, if not
modified and if properly installed and used, will
substantially conform to the material specifications set
forth in the documentation, Such warranties are for the
Customer's benefit only and are not transferable. JIATURK
Technologies does not warrant that the Software will operate
error free or uninterrupted or will meet your requirements.
Except for the express warranties stated in this section,
the Software are licensed "as is" and JIATURK Technologies
specifically excludes and disclaims all warranties of
merchantability, fitness for a particular purpose, statutory
non-infringement of third party intellectual property rights
and any warranty that may arise by reason of trade usage,
custom or course of dealing and Customer hereby expressly
waives any and all such warranties.
THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY
JURISDICTION.
LIMITATION
OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL JIATURK
Technologies OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS
OF
JIATURK
Technologies LIST PRICE FOR A LICENSE TO THE SOFTWARE AND
DOCUMENTATION, EVEN IF JIATURK Technologies SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY
CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
LIMITATION AND EXCLUSION
MAY NOT APPLY
TO YOU. EXPORT CONTROLS.
You may not
download, use or otherwise export the Software or any
underlying information or technology except in full
compliance with all United States and other applicable laws
and regulations. In particular, but without limitation, none
of the Software or underlying information or technology may
be downloaded, used or otherwise exported or re-exported (i)
into (or to a national or resident of) Cuba, Haiti, Iraq,
Libya, Yugoslavia, North Korea, Iran, Syria or any other
country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table
of Deny Orders. By downloading or using the Software, you
are agreeing to the foregoing and you are representing and
warranting that you are not located in, under the control
of, or a national or resident of any such country or on any
such list.
TERMINATION.
This Agreement is effective until terminated. JIATURK
Technologies may terminate this Agreement immediately if
Customer attempts to reverse engineer the Software or
otherwise violate any of the restrictive uses as described
herein. Otherwise, this Agreement may be terminated by
either party for a breach of any of its material terms,
provided the non-breaching party provides to the breaching
party 30 days written notice describing such breach and
offering the breaching party an opportunity to cure.
Failure to cure a material breach within the notice period
shall result in automatic termination of this Agreement.
Should this Agreement be terminated for your material
breach, Customer agrees to remove all copies of the Software
or any part of the Software from any and all computer
storage devices, and destroy the Software and all
Documentation. At JIATURK Technologies's request, Customer
or any of Customer's authorized signatory on the account,
shall certify in writing to JIATURK Technologies that all
complete and partial copies of the Software and the
Documentation have been destroyed and that none remain in
Customer's possession or under its control. The provisions
of this Agreement except for the Section 1, "License Grant,"
shall survive.
MISCELLANEOUS. This
Agreement represents the complete and exclusive statement of
the agreements concerning this license between the parties
and supersedes all prior agreements and representations
between them. It may be amended only by a writing executed
by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED
BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE
TERMS SET FORTH HEREIN, AND JIATURK Technologies AGREES TO
FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS
AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any
provision of this Agreement is held to be unenforceable for
any reason, such provision shall be reformed only to the
extent necessary to make. It enforceable, and such decision
shall not affect the enforceability
(i) of such
provision under other circumstances or
(ii) of the
remaining provisions hereof under all circumstances.
Headings shall
not be
considered in interpreting this Agreement. This Agreement
shall be governed by and construed under the law of JIATURK
Technologies <state> as such law applies to agreements
between JIATURK Technologies <state> residents entered into
and to be performed entirely within JIATURK Technologies
<state>, except as governed by Federal Law. This Agreement
will not be governed by the United Nations Convention of
Contracts for the International Sale of Goods, the
application of which is hereby expressly excluded.
U.S.
GOVERNMENT RESTRICTED RIGHTS.
Use,
duplication or disclosure by the Government is subject to
restrictions set forth in subparagraphs through (d) of the
Commercial Computer-Restricted Rights clause at FAR
52.227-19
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