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Terms of Use


All services provided by Jasper Micron (“Jasper Micron”) may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Jasper Micron from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Jasper Micron’ servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • pirated software
  • hacker programs or archives
  • Warez sites
     

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, Jasper Micron WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill for each gig of traffic exceeded as per hosting package.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Jasper Micron is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Jasper Micron must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, Jasper Micron shall either:

(1) debit the client’s credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Jasper Micron by no later than the specified payment due date. Jasper Micron shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a hosting duration basis. It is the client’s responsibility to ensure that they have sufficient credit to cover the transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by Jasper Micron to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to Jasper Micron and agrees to pay any and all fees incurred by client. The client will be responsible for service fees incurred each service tenure, regardless of when client provides notice of termination.

Money back guarantee & refund policy
Refunds: If client has retained the services for one year and has pre-paid Jasper Micron for such services, no refunds will be issued for any unused full month of the services, upon client’s request. Therefore, if client’s account is cancelled at any point during the one-year term, client will not be entitled to a refund for the months remaining.

Cancellation Refunds
We DO NOT refund partial monthly/yearly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Jasper Micron shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Jasper Micron ‘ servers going off-line or being unavailable for any reason whatsoever. Furthermore, Jasper Micron 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 Jasper Micron ‘ servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to info@jaspermicron.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Jasper Micron cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Jasper Micron are resold. Thus, certain equipment, routing, software and programming used by Jasper Micron are not directly owned or written by Jasper Micron. Moreover, Jasper Micron holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Jasper Micron sees fit.

Account Activation
By activating your account with Jasper Micron, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Jasper Micron guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans.

Jasper Micron reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Jasper Micron, but also because it can overload Jasper Micron’ network and disrupt service to Jasper Micron’ subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Jasper Micron will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Jasper Micron reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should Jasper Micron choose to pursue and prosecute.

Audio/Video Streaming:
Audio/Video Streaming is not hosting friendly. As such, Jasper Micron does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Jasper Micron does not allow adult content and will suspend/terminate any offending account.

Large File Policy:
Jasper Micron is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail support@jaspermicron.com.

Obscene Speech or Materials:
Using Jasper Micron’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Jasper Micron is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Jasper Micron’ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Jasper Micron reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Jasper Micron determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. Jasper Micron will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with Jasper Micron’ policy or applicable law. However, when Jasper Micron becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by Jasper Micron.

Jasper Micron is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching Jasper Micron’ facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Jasper Micron does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Jasper Micron reserves the right to directly take action against a customer of its subscribers. Also, Jasper Micron may take action against the Jasper Micron’ subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, Jasper Micron anticipates that subscribers who offer Internet services will cooperate with Jasper Micron in any corrective or preventive action that Jasper Micron deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Jasper Micron policy.

Jasper Micron will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. Jasper Micron may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Jasper Micron may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. Jasper Micron assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, Jasper Micron may disclose subscriber information or information transmitted over its network where necessary to protect Jasper Micron and others from harm, or where such disclosure is necessary to the proper operation of the system. However, Jasper Micron will never sell information to other services or outside companies.

Jasper Micron expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate Jasper Micron policy. Finally, Jasper Micron wishes to emphasize that, in signing the Service Agreement, subscribers indemnify Jasper Micron for any violation of the Service Agreement, law or Jasper Micron policy resulting in loss to Jasper Micron or the bringing of any claim against Jasper Micron by any third party. This means that, if Jasper Micron is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against Jasper Micron, plus costs and reasonable attorney’s fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Jasper Micron and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to support@jaspermicron.com.