Acceptable
Use Policy(AUP)
NO
Spamming! NO Adult Content! NO Exceptions!
This
document is intended to provide a basic understanding of CMJ
Enterprises, LLC Acceptable Use Policy and Terms of Service. The
following are guidelines for the establishment and enforcement of CMJ
Enterprises, LLC AUP:
- Ensure
reliable service to our
customers
- Ensure
security and privacy of
our systems and network, as well as the networks and systems of others
- Comply
with existing laws
- Maintain
our reputation as a
responsible service provider
- Encourage
responsible use of the
Internet and discourage activities which reduce the usability and value
of Internet services
- Preserve
the privacy and
security of individual users
- CMJ
Enterprises, LLC intends to
provide its customers access to everything the Internet has to offer.
- While
CMJ Enterprises, LLC is firmly committed to the principles of free
speech, certain activities that may be damaging to the resources of
both CMJ Enterprises, LLC and the Internet and cannot be permitted
under the guise of free speech.
We
support the flow of information and ideas over the Internet and
do not actively monitor subscriber activity under normal
circumstances. However, in accordance with our TOS (Terms of
Service), we may remove any materials that, in our sole discretion,
may be illegal, may subject us to liability, or which may violate
this AUP. CMJ Enterprises, LLC may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged
crime or civil wrongdoing. Your violation of this AUP may result in
the suspension or immediate termination of either your CMJ
Enterprises, LLC account WITHOUT PRIOR NOTICE.
The
resources of CMJ Enterprises, LLC and the Internet are
limited, and abuse of these resources by one user has a negative
impact on the entire community.
TERMS
OF SERVICE AND ACCEPTABLE USE POLICY
These
Terms Of Service And Acceptable Use Policies ("Terms
and Policies") are an essential part of your relationship with
CMJ Enterprises, LLC By using your CMJ Enterprises, LLC account, you
agree to all of the Terms and Policies set out in this document.
1.
General Terms and Policies.
CMJ
Enterprises, LLC is a private company providing website hosting and
e-mail services. CMJ Enterprises, LLC equipment and facilities may be
used to conduct private and commercial transactions, send electronic
mail, transfer files, and otherwise participate in all legal aspects
of the Internet (these uses are referred to in this document as "the
Service"), subject to these Terms and Policies. The Service is
provided to authorized persons or organizations (referred to in this
document as "Subscriber" or "you"). Any use of
the service is subject to any restrictions listed below. By using the
Service, you agree to be bound by all of theses Terms and Policies.
If you do not agree to be bound by these Terms and Policies, you must
cancel your account immediately and may not thereafter use or attempt
to use the Service. CMJ Enterprises, LLC grants you a non-exclusive
right to access, use and display the Service on any computers or
other electronic display devices of which you are a primary user. You
may not assign, sub-license or transfer any rights or obligations of
the Service without the express written consent of CMJ Enterprises,
LLC
2.
Coverage.
If
you are an individual
Subscriber, these Terms and Policies apply to all persons who gain
access through your account. If you are a commercial Subscriber,
these Terms and Policies apply to all your employees, agents and/or
customers. In either instance, a violation of these Terms and
Policies by anyone using your account will be treated as a violation
by you.
3.
Prices and Charges.
CMJ Enterprises, LLC
charges for the Service are set at the time the service is ordered.
CMJ Enterprises, LLC will provide notice to the Subscriber, via
e-mail, 60 days prior to any changes in pricing. Unsolicited Bulk
E-mail ("spam") cleanup: $300 + $2 per message sent + $50
per complaint received by CMJ Enterprises, LLC
Any
checks returned by the issuing institution will be charged a
processing fee of $25. Enom registered domain renewals on domains
expired but not yet in redemption have a $4 processing fee to resume
the domain to normal status. Domains past the redemption period is a
$200 processing fee. All 2 week past due accounts that have been
suspended after this grace period will be subject to a $9.95
reactivation fee.
If you
fail to pay for your account for 30 days after the date of
the invoice, CMJ Enterprises, LLC may without further notice
terminate your account. Termination does not remove your
responsibility to pay all fees incurred up to the date that CMJ
Enterprises, LLC terminates your account. If CMJ Enterprises, LLC
incurs any fees or costs in collecting any past-due amounts,
including costs of attorneys or a collection bureau, those fees and
costs will be added to the amount you owe.
4.
Term.
The Service is provided to you on a
month-to-month basis. CMJ Enterprises, LLC must receive written
notice of termination (which may be by first-class mail or fax) from
you at least one business day prior to end of a month, or the Service
will be provided and charged to you for the following month. The
notice of termination must be signed by the Subscriber; notice of
termination by e-mail is not acceptable.
5.
Grounds for Suspension and Termination.
As
an CMJ Enterprises, LLC Subscriber, you agree to comply with these
Terms and Policies. Any violation of either these Terms and Policies
may serve as cause for CMJ Enterprises, LLC to suspend or terminate
your account. You agree that CMJ Enterprises, LLC has the right, with
or without notice, to suspend or terminate your account upon the
first or subsequent occurrence of any of the following:
- a.
the Service in a way which
constitutes violation of any copyright, trademark, applicable statute,
law, court order, tariff, regulation, or treaty (including, but not
limited to, intellectual property, communications, privacy, criminal
and international law);
- b.
Using the Service in a manner
intended to abuse or violate the privacy or property rights of others,
including but not limited to sending of unsolicited bulk e-mail
("spamming"); this ground for suspension or termination is separate
from and in addition to the fees which will result from such activity;
- c.
Using the service to store,
transfer, or advertise the following: pornography, nudity, violations
of privacy, computer viruses, hacking, "warez", and any harassing
and/or harmful material or uses. Photos or videos showing frontal
nudity on either men or women for non-scientific or non-artistic
purposes. Photos or videos showing graphic violence or death. In
addition, any site or site(s) with hyperlinks whose revenue is gained
in part or whole from its adult content violate this policy. CMJ
Enterprises, LLC reserves the right to decide what it considers "adult
content", "adult material", "sexually explicit", or "sexually related".
Let us know if you are unsure of the approval of your site before
placing an order. Accounts violating this policy will be suspended at
once and deleted from our servers.
- d.
Using the Service in an
attempt to break security, or so as to actually break security of any
computer network (including the Service itself), or to access an
account, message, or file which does not belong to you;
- e.
Using the Service in such a
way as to forge or misrepresent headers, addresses, or other
identification in website pages or electronic mail, or using any other
method to disguise the sender's identity or location;
- f.
Excess utilization of system
or network resources, including, but not limited to the use of CGI
scripts or programs which consume an unreasonable amount of Central
Processing Unit ("CPU") usage or Random Access Memory "RAM");
- g.
Posting commercial messages
to a USENET group for the purposes of promoting your website, where the
posting is not approved by the specific USENET group in its charter;
- h.
Using the Service to promote
or solicit competing Internet services;
- i.
Using the Service for
unauthorized relays through any third party systems;
- j.
Using the Service for
mail-bombing, which includes any instance where multiple messages are
sent to a specific destination with the intent to render the recipient
and/or the electronic system serving that recipient dysfunctional;
- k.
Using the Service to add or
attempt to add addresses to any mailing list (yours or a third party's)
without the explicit positive consent of the addressee(s);
- l. A
significant number of
complaints regarding Subscriber's failure to be reasonably accessible
to Subscriber's customers or to fill orders in a timely manner;
- m.
Engaging in harassment,
whether through language, frequency, or size of e-mail messages;
- n.
Using the Service to engage
in syn flood attacks, which are defined as overburdening a recipient
computer system by sending a high volume of spurious data which
effective impedes or totally disables functionality of the recipient
system(s), or any other methods of denial-of-service attacks; or,
- o.
Furnishing false data on your sign-up form, contract, or online
application, including providing fraudulent credit card or other
payment information. No bill credit will be given for a period of
suspension. In the event of termination of your use of the Service
under this section, CMJ Enterprises, LLC may at its sole discretion
retain any or all amounts you have paid for use of the Service as
liquidated damages for your actions.
6.
Security.
You agree not to access or
attempt to access private areas of the Service. You agree to notify
CMJ Enterprises, LLC as soon as you become aware of an unauthorized
use of your account and/or any breach or attempted breach of security
on the Service.
7.
Liability.
You agree that use of the
Service is at your own risk. Except for information, products, or
services clearly identified as being supplied by CMJ Enterprises,
LLC, neither CMJ Enterprises, LLC nor any of its affiliates controls,
provides, operates, or is in any way responsible for any information,
products, or services accessible through the Service. CMJ
Enterprises, LLC neither endorses nor is responsible for the accuracy
of third-party material(s), and you agree that CMJ Enterprises, LLC
is not responsible for any loss or damage caused by your use of, or
reliance on, such material(s).
You
agree to be liable for any damages or loss of service which
results in damages to CMJ Enterprises, LLC as a result of any
spamming or other violations of Section 5 above. These damages
include, but are not limited to, system shut downs, retaliatory
attacks or data flooding, and loss of peering arrangements. You agree
that CMJ Enterprises, LLC may pursue any such claims against you in
District Court in Fort Lauderdale, Florida.
You
agree that in no event will CMJ Enterprises, LLC have
financial liability to you in excess of the dollar amount remaining
on your current service period.
8.
Warranty.
CMJ Enterprises, LLC MAKES NO
EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE,
NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER
MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY
HAVE TOLD CMJ Enterprises, LLC ABOUT YOUR INTENDED USE OF THE
SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY CMJ Enterprises, LLC
OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE
PROVISIONS OF THIS SECTION.
THE
SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY CMJ Enterprises,
LLC ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; CMJ
Enterprises, LLC DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR
UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. CMJ Enterprises,
LLC DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA
WHICH MAY BE STORED ON THE SERVICE.
CMJ
Enterprises, LLC provides a 99.95% uptime guarantee, subject
to the following conditions. If the Service is unreachable for more
than 0.05% of the year as a result of a failure of our network or
equipment we will credit your account for a month of free hosting.
This guarantee is your sole and exclusive remedy for any and all
downtime. CMJ Enterprises, LLC is not responsible for outages
elsewhere on the Internet that hinder access to your account; we
control only our links to the Internet, our network hardware, and our
servers. Any downtime that occurs during a scheduled maintenance
window shall not be counted towards Uptime Guarantee. VPS and
Reseller plans do not apply to this guarantee.
9.
Privacy.
CMJ Enterprises, LLC commits to
follow the controlling Federal and state laws respecting Subscriber
privacy and data access. CMJ Enterprises, LLC will not provide names,
addresses, telephone numbers, e-mail addresses, or other personally
identifiable information on any Subscriber to any third party without
prior permission from that Subscriber, or as required under an
appropriate court or administrative directive, including a facially
valid subpoena, or as necessary to render the Service. CMJ
Enterprises, LLC may provide aggregate data on Subscribers to third
parties in the operation of CMJ Enterprises, LLC business.
10.
Disputes.
You agree that any dispute
between you and CMJ Enterprises, LLC arising out of your use of the
Service on in any way based upon your subscription to and/or use of
the Service which cannot be resolved between you and CMJ Enterprises,
LLC will be submitted by the aggrieved party for binding arbitration
under the auspices of the American Arbitration Association. Any
demand for arbitration under this Section must be filed with the
American Arbitration Association's office in Denver, Colorado. The
arbitration must be held in Denver, Colorado, and the arbitrator must
be a person with experience in online services operation.
11.
Governing Law.
These Terms and Policies
are governed in all respects under the laws of the State of Colorado.
12.
Amendments. These Terms and Policies may be amended in any
respect at any time by CMJ Enterprises, LLC upon the posting of the
amended Terms and Policies on the Support section of the Service.
Your continued use of the Service will be deemed consent to any such
amended Terms and Policies. If you do not wish to continue to use the
Service as a result of any such amended Terms and Policies, you may
provide notice of your wish to terminate your use of the Service to
customer service, and any unused portion of fees you have paid for
the Service will be returned to you within 30 days
NO
Spamming! NO porno! No Exceptions!
E-mail: privacy@companyname.com
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