• the posting or transmission of any data that violates any state, federal or international laws,
   
• data which is threatening, obscene or defamatory,
   
• any data which is the property of a third party and is protected by copyright, trade secret, intellectual property patent laws or export control laws.

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2. INDEMNIFICATION:

You hereby agree to indemnify, defend, save and hold harmless us from any and all demands, liability, penalties, losses, damages, costs, claims, expenses, attorneys' fees asserted against our company, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Jhanna, or any other party or parties without limitation or exception.

3. REFUSAL OR DISCONTINUANCE OF SERVICE

You hereby agree that any termination or refusal shall not constitute a breach of contract, or be used as the basis for any other claims, financial or otherwise against our company by you, and you agree to indemnify and hold our company harmless from any claims by third parties resulting from your use of our web hosting services.

We may elect at its sole discretion to monitor some, all or none of your web activities for adherence to this agreement. At all times, we reserves the right to terminate this agreement, and refuse providing further service to anyone it determines is in violation or may violate any law.

4. DATA ENCRYPTION

Although we provide encrypted data through its secure servers via industry standard methods, we assume no responsibility for the effectiveness of any encrypted data, nor will we guarantee that an encryption algorithm will be indecipherable, and data visibly transmitted. We make no claims or warranties regarding the viability, integrity or invincibility of the encryption used, nor will we accept responsibility for the success or failure of the secure server to properly encrypt data. Therefore by using our secure server and being charged for its use, you assume any risks that the encryption may be decipherable.

5. NOT TRANSFERABLE

You agree that our web hosting service is not transferable. Whoever activates and pays for the account is responsible for that account.

6. ECPA NOTICE

We reserve the right to monitor any and all communications through or with our facilities. You agree that we are not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

7. ACCOUNTING:

Our billing cycle begins when you receive an e-mail confirming that your website has become available for access over the Internet. The first term (and all terms of service) is payable in advance, including any set up fees. Thereafter, your credit card will be charged 5 days prior to the account becoming due. If, the account is not paid by the date payment is due, access to the account will be blocked and the web site will be taken offline. No data will be deleted, however, no backup of it will be provided (it is the user's responsibility to have a local copy of his/her web site) unless a backup restoration fee of $95 is provided.

Any such termination or interruption does not relieve you from paying the overdue amount plus any interest, and in the event of collection enforcement, you shall be liable for any costs associated with such collection, including legal costs, attorney fees, court costs, or collection agency fees. Any returned checks due to insufficient funds and credit card charge backs are subject to a $50.00 fee, and will place your account in default and service will be terminated immediately.

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8. IDENTIFICATION INFORMATION

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply us with correct information for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

9. CONFIDENTIALITY OF PASSWORD

You are responsible for maintaining the confidentiality of your password and are liable for any harm from disclosing or allowing disclosure of any password or from use by any person of your password to gain access to your account.

10. BACKUP OF DATA

You are responsible for backing-up your data, files, e-mail and other information that we hold in computer storage. However, we shall take reasonable measures to protect such information, and to undertake measures to protect such information. We reserve the right to extirpate, delete, and obliterate all of your data, files, e-mail and other information that we hold in computer storage once your account has been terminated, for any reason, by either party.

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11. NO WARRANTIES

We provide the services "as is" without warranty of any kind. In the event that we provide you with products in conjunction with other services, we also provides those products "as is" without warranty of any kind, whether express or implied. We disclaims all implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. In no event shall we be liable for any direct, consequential, loss of profit, special, exemplary or punitive damages, even if we has been advised of the possibility of such damages, that you incur from the usage of information obtained over the internet. Notwithstanding anything here to the contrary, we shall not be liable for any claim brought by Reseller for any amounts in excess of the aggregate of the amounts paid by Reseller or Reseller’s customers during the 12 month period prior to the date the cause of action arose.

Note: uptime guarantee does not apply to natural disasters or provider problems.

12. DISCLAIMER

We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied, for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Jhanna and its employees. We reserve the right to revise its policies at any time.

13. DAMAGE OR LOSS OF INCOME OR PROFITS

We will not be held liable for any damages or loss of income or profits resulting from:

  a. The use of its service by you or a third party;
  b. Service interruptions caused by its own negligence, or your negligence, or any other errors or omissions;
  c. Service interruptions caused by acts of nature or act of God, or power or line failures; or
  d. Any loss of data/files, caused by delays, non-deliveries or wrong deliveries.

We are not responsible for the content, accuracy or quality of information obtained through its service, or information hosted on its web servers.

14. PRIOR AGREEMENTS

This Agreement supersedes all previous representations, understanding or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

15. APPLICABLE LAW, JURISDICTION, AND SERVICE

This agreement shall be governed by the laws of San Diego, CA and the United States of America.

If any part of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of the Agreement will not be affected or impaired in any way.

Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered in San Diego, CA, and any dispute will be litigated or arbitrated the courts of San Diego, CA, USA. Furthermore, defendants waive all objections to venue and acknowledge that venue in any such litigation will be held in San Diego, CA's courts. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

ALL RESELLERS OF JHANNA MUST ADHERE TO THE ABOVE POLICIES.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

We reserve the right to modify these policies, procedures, services and prices at any time with no previous warning. We are not responsible for typographical or translation errors. We are not responsible for loses that may occur from using our service. Even though we try to send emails regarding policy changes, procedures, services and prices, we are not responsible for the non-arrival of such emails, due to, but not limited to, anti-virus and anti-spam filters, problems on your ISP's email servers, etc.