Refunds
If for any reason your are not satisfied with the Hosting Services provided, we offer a full money back promise. Simply cancel your Hosting Plan within the first thirty days of service and we will refund your money. Annual pre-paid accounts are subject to a $75 early termination fee if reason(s) is beyond system failure or unsatisfactory service level.
Jedai Media. Terms & Conditions Agreement
1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous
You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Jedai Media Hosting reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Jedai Media Hosting Web site (the "Site"). Your continued use of Services following Jedai Media Hosting 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. TERM AND PAYMENT FOR SERVICES
1.1. Term
This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Jedai Media Hosting with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term.
1.2. Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Jedai Media Hosting will not refund to you any fees paid in advance of such termination and (b) you shall be required to pay 100% of Jedai Media Hosting's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting Services prior to the end of the first thirty (30) days of the Initial Term, you are entitled to a refund of the fees you paid in advance for the monthly Services, not including any setup fees. Your termination request or notice must be submitted to Jedai Media Hosting in the manner described in Section 1.1. Jedai Media Hosting may terminate this Agreement at any time and for any reason by providing to you written notice thirty (30) days prior to the date of termination. If Jedai Media Hosting terminates this Agreement, Jedai Media Hosting will refund to you the pro-rata portion of prepaid fees attributable to Services (excluding setup fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement. If termination was enforced to due violations that result in damages or fees assigned to Jedai Media Hosting on your behalf, no refunds shall apply and you will be held liable for such fees.
1.3 Default and Cure
In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
1.4. Charges
You agree to pay for all charges attributable to your use of the Services at the then current Jedai Media Hosting prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Jedai Media Hosting's net income.
1.5. Payment
All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Jedai Media Hosting to charge your credit or debit card to pay for any charges that may apply to your account. You must notify Jedai Media Hosting of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Jedai Media Hosting from charging your account. Jedai Media Hosting may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to Jedai Media Hosting the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to Jedai Media Hosting . In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Jedai Media Hosting may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, Jedai Media may, delete any and all content from the Jedai Media Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest.
1.6. Chargebacks
If you ever feel that Jedai Media Hosting incorrectly charged your credit card you must contact billing for a correction. If you do contact your credit card company and issue a chargeback then you will be responsible for the $50 chargeback fee. If you do not pay this fee then your account will be terminated.
2. USE OF SERVICES
2.1. Applicable Use Policy
The Jedai Media Hosting Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on Jedai Media Hosting's Web site (or such other location as Jedai Media Hosting may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. Jedai Media Hosting RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
2.2. Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on Jedai Media Hosting's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Jedai Media Hosting . Jedai Media Hosting will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Jedai Media Hosting has the option at any time to reject this material. Jedai Media Hosting will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Jedai Media Hosting . Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not Jedai Media Hosting 's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Jedai Media Hosting .
2.3. Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a Jedai Media Server is not owned by Jedai Media Hosting; therefore Data preservation is the ultimate responsibility of you, the client. Jedai Media Hosting is in no way responsible for the client’s data and or the backup of that data.
3. ENFORCEMENT
3.1. Investigation of Violations
Jedai Media Hosting may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. Jedai Media Hosting will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
3.2. Actions
Jedai Media Hosting reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, Jedai Media Hosting may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on Jedai Media Hosting 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by Jedai Media Hosting which, in Jedai Media Hosting 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes Jedai Media Hosting to civil or criminal liability or public ridicule. It is Jedai Media Hosting 's policy to terminate repeat infringers. Jedai Media Hosting's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If Jedai Media Hosting takes corrective action due to such possible violation, Jedai Media Hosting shall not be obligated to refund to you any fees paid in advance of such corrective action.
3.3. Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect Jedai Media Hosting 's systems and customers, or to ensure the integrity and operation of Jedai Media Hosting 's business and systems, Jedai Media Hosting may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on Jedai Media Hosting's servers and systems. Jedai Media Hosting also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
If for any reason you wish to submit a complaint or for compliance matters please send correspondence to
Jedai Media
P.O. Box 861888
Los Angeles, CA 90086
Att: Legal and Compliance |
