This document is intended to provide a basic understand of Jabez Design Services Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Jabez Design Services AUP:

Jabez Design Services intends to provide its customers access to everything the Internet has to offer. While Jabez Design Services is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Jabez Design Services and the Internet and cannot be permitted under the guise of free speech. The resources of Jabez Design Services and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.

You may not use your web site to publish material, which jabezdesign.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

Jabez Design Services account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

VIOLATIONS OF JABEZ DESIGN SERVICES ACCEPTABLE USE POLICY

The following constitute violations of this AUP:

Jabez Design Services services may not be used for illegal purposes, or in support of illegal activities. Jabez Design Services reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing.

Use of Jabez Design Services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, child pedophiliac material (pedo hard pics).

Use of Jabez Design Services to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Use of Jabez Design Services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Use of Jabez Design Services to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Use of Jabez Design Services service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Jabez Design Services account.

IMPORTANT NOTICE:

BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Jabez Design Services account.

Forging any message header, in part or whole, of any electronic transmission, originating or passing through Jabez Design Services is in violation of this AUP.

Jabez Design Services has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Jabez Design Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Jabez Design Services or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Jabez Design Services account is subject to immediate termination.

Use of Jabez Design Services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Use of Jabez Design Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Use of Jabez Design Services for any activity which affects the ability of other people or systems to use Jabez Design Services Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Jabez Design Services will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Jabez Design Services could result in suspension service.

Jabez Design Services subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

It is absolutely forbidden to host pornographic content with any Hosting Account. Accounts found hosting this material will be subject to immediate cancellation without refund.

Explicit adult content (pornography) will be grounds for immediate suspension of your account. Sites containing only links to adult content will be immediately suspended. Jabez Design Services will be the sole arbiter as to what constitutes a violation of this provision. Adult-oriented sites, pornography and sex-related merchandising are prohibited. We also prohibit sites that provide storage, sale, distribution, hypertext link to, advertisement, promotion or hosting of material that is unlawful, defamatory, obscene, harmful, threatening, harassing, or an intrusion of privacy or publicity rights, or otherwise objectionable. Note: Artistic nudity may be acceptable, but this is at the sole discretion of Jabez Design Services.

The following scripts are banned from use on our hosting packages and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Jabez Design Services will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Jabez Design Services accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Jabez Design Services systems or networks. Jabez Design Services reserves the right to terminate or limit such activities.

Jabez Design Services requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@jabezdesignhosting.com

If available, please provide the following information:

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Jabez Design Services may take any one or more of the following actions in response to complaints:

Jabez Design Services reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Jabez Design Services ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Jabez Design Services constitutes acceptance and agreement to Jabez Design Services AUP as well as Jabez Design Services TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Jabez Design Services and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Wyoming, county of Hot Springs applicable to contracts enforceable in that state. Venue will be Hot Springs County, Wyoming

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Jabez Design Services shall have the right to terminate all service set forth in this Agreement.

Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. The above applies to all accounts that are in an open and active stage of services provided by Jabez Design Services

Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $20 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Jabez Design Services may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 or more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

ll payments for domain registration and templates to Jabez Design Services are nonrefundable. This includes any one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Jabez Design Services sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Jabez Design Services an "Administrative Fee" of not less than $50 and not more than $150.

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

If you subscribed to our hosting plan with Paypal payments and if we get notice from paypal.com regarding your subscription cancellation, we have full right to suspend your hosting account till the subscription is reinstated. jabezdesignhosting.com do not host websites with cancelled subscriptions.

Requests for canceling accounts may be made in writing and sent to our address with at least 10 days notice. If you have questions about our cancellation process you may call us at 307-921-8842. You must have all account information to cancel. Cancellation of service(s) will not be considered cancelled until notice has been given within the allowed time period and until notice has been given, all account(s) are therefore considered open and active. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company'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 the company be liable for any special or consequential damages, loss or injury.

Jabez Design Services takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Jabez Design Services may not use or permit others to use our network to transact in UCE. Customers of Jabez Design Services may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of Jabez Design Services SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Jabez Design Services will initiate an immediate investigation (within 48 hours of notification). During the investigation, Jabez Design Services may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Jabez Design Services may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Jabez Design Services reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Jabez Design Services will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Jabez Design Services personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As our Customers are ultimately responsible for the actions of their clients over Jabez Design Services, it is advisable that Customers develop a similar, or stricter, policy for their clients.

BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server/hosting account immediately removed from our network. The server/hosting account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server/hosting account from our network without notice to the customer. Any server/hosting account guilty of a second violation WILL be immediately and permanently removed from our network without notice.

Jabez Design Services is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

Any User, which Jabez Design Services determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Jabez Design Services discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

Users that Jabez Design Services determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation:
Jabez Design Services reserves the right to suspend network access to any customer if in the judgment of Jabez Design Services network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Jabez Design Services chooses. 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.
Jabez Design Services reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Jabez Design Services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Jabez Design Services wishes to emphasize that in agreeing to Jabez Design Services Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Jabez Design Services for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Jabez Design Services or the bringing of any claim against Jabez Design Services by any third-party. This means that if Jabez Design Services is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Jabez Design Services, plus all costs and attorney's fees.

Jabez Design Services shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Jabez Design Services servers going off-line or being unavailable for any reason whatsoever. Furthermore, Jabez Design Services shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Jabez Design Services servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to . All complaints will be investigated promptly.

You must provide us with, and keep current, good contact information for you. E-mail, snail mail, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Jabez Design Services takes no responsibility for any material input by others and not posted to Jabez Design Services by Jabez Design Services. Jabez Design Services is not responsible for the content of any other websites linked to Jabez Design Services; links are provided as Internet navigation tools only. Jabez Design Services disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Jabez Design Services is not responsible for any damages your business may suffer. Jabez Design Services does not make implied or written warranties for any of our services. Jabez Design Services 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 Jabez Design Services

It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content:
You, as Jabez Design Services customer, are solely responsible for the content stored on and served by your Jabez Design Services server.

Contact Information:
Jabez Design Services
122 US HWY 20 S SPC 5
Thermopolis, WY 82443
USA (307) 921-8842
Email:

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