This agreement represents the complete agreement and understanding between Brooks Jeffrey Marketing, Inc. and Customer and supersedes any other written or oral agreement. Upon notice published on-line via Brooks Jeffrey Marketing, Inc. services, Brooks Jeffrey Marketing, Inc. may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.
1. ACCEPTABLE USES
This service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any foreign, municipal, state, county or federal statute or regulation is prohibited. This includes, but is not limited to: copyrighted material, material that is defamatory, threatening, obscene or violates U.S. export control laws, or material protected by trade secret, trademark or other intellectual property right used without proper authorization. No pornographic websites will be accepted. Brooks Jeffrey Marketing, Inc. may, at its sole discretion, immediately discontinue such service to Customer, without any liability other than for the refund of unearned prepaid service fees.
Customer shall ensure that its use of Brooks Jeffrey Marketing, Inc.'s network services shall not disrupt Brooks Jeffrey Marketing, Inc., its associated networks or equipment forming part of the systems. Customer shall not engage in mass distribution of unsolicited emails. Use of Brooks Jeffrey Marketing, Inc.'s connection in a manner that is abusive, disruptive, damaging, unlawful, offensive, or intrusive as determined by Brooks Jeffrey Marketing, Inc. shall be considered a breach of this Policy and may result in cancellation of service.
To maintain a healthy, viable network for all customers, all systems accessing Brooks Jeffrey’s email and website servers must be properly protected with updated, licensed anti-virus software and OS security updates. Should you require assistance, these services and products are available from Brooks Jeffrey (on site and remotely) upon request and for an additional fee per system.
2. DISCLAIMERS OF WARRANTY, LIMITATION OF LIABILITY AND OBLIGATION
Brooks Jeffrey Marketing, Inc. makes absolutely no warranties whatsoever, expressed or implied, for the service it is providing. Brooks Jeffrey Marketing, Inc. also disclaims any warranty of merchantability or fitness for a particular purpose. Brooks Jeffrey Marketing, Inc. shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access the Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondelivery, or service interruptions whether or not caused by the fault or negligence of Brooks Jeffrey Marketing, Inc. Customer agrees to indemnify and hold harmless Brooks Jeffrey Marketing, Inc. from and against any and all claims, actions, causes of actions, administrative or government action, losses or damages (including legal fees and expenses) arising from the usage by Customer.
The use of any data or information received by Customer or its customers from the utilization of the service to be provided by Brooks Jeffrey Marketing, Inc. is at Customer and its customers' sole and absolute risk. Brooks Jeffrey Marketing, Inc. specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
Brooks Jeffrey is not liable for any errors or interruption in the installation process or in providing the services, whether within or outside the control of us. Under no circumstances shall the user hold Brooks Jeffrey or any of our agents, contractors, or representatives responsible for any form of damages or losses (including without limitation any direct, indirect, consequential or incidental damages or losses) suffered from, but not limited to errors, delays, loss of information, delays in the installation or provisioning process, or interruptions in the services caused by the telecommunication and/or network access services may be temporarily unavailable for scheduled or unscheduled maintenance and for other reasons within and outside the direct control of us. Under no circumstances do any such errors, delays, interruptions in services or loss of information nullify or modify these terms and conditions. Products sold come with limited manufacturer's warranty. Customer should contact the manufacturer direct regarding warranty work or service.
3. PAYMENT AND TERMS
Customer shall pay the initial fees set forth in http://bjmweb.com/hosting.htm, prior to the commencement of service. Thereafter, Customer's account shall be automatically renewed upon expiration. In the event that Customer shall fail to pay for such services in advance of renewal date, Brooks Jeffrey Marketing, Inc. shall be entitled to unilaterally terminate this agreement and discontinue the service of Customer or the applicable account for which payment has not been received. The indemnification and limits of liability provisions mentioned above shall survive any such termination. Upon payment of the charges due hereunder, Brooks Jeffrey Marketing, Inc. may, at its sole discretion, reinstate service, at which time all terms and conditions of this contract shall continue in full force and effect. Any service disconnection or suspension shall require the client to pay a reinstatement fee as well as applicable programming fees and any associated legal fees.
4. UPTIME GUARANTEE
Brooks Jeffrey, Inc. guarantees that Customer's website will be available at least 99% of the time on a monthly basis. Customer can request refund by showing that uptime for its website is below this level in any given calendar month. Brooks Jeffrey Marketing, Inc. will then refund Customer that month's hosting service fees.
5. SERVICE CHANGES
Online changes made by Brooks Jeffrey Marketing, Inc. to any plan shall not change the terms of the Plan(s) accepted by Customer, unless such changes do not adversely affect the services provided to Customer under the prior Plan(s). Changes in monthly service fees shall become effective only at the end of any calendar month for which Customer has prepaid. Utilization of the service by Customer and/or its customers following the effective date of such change shall constitute acceptance by Customer of such change(s) in terms.
6. LICENSING AGREEMENT FOR WEBSITE SUBSCRIPTION
Any content management system (CMS) used in construction of the website is the work of and is solely owned by Brooks Jeffrey Marketing Inc. Limited use of the CMS Programming is granted with this contract. The proprietary programming may not be modified, copied, distributed, transmitted, displayed, reproduced, published, licensed, created derivative works from, transferred, or sold. Any reproduction or redistribution of Brooks Jeffrey’s proprietary Website Programming is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
7. REGISTRATION/YOUR LOGIN ACCOUNT
Registration is required in order to utilize the Website’s Content Management Subscription Service and other features on the site.
As part of the registration process you will need to submit a user name, e-mail address and password.
You registration (aka your account) is personal to you and may not be transferred to or be used at any time by another person. It is your responsibility to keep your username and password confidential. Brooks Jeffrey Marketing, Inc. will be entitled to assume that any person logging into the site using your username and password is you. You will be responsible and liable for any actions of any person logging into the site using your username and password (including, but not limited to, any User Generated Content posted by that person). Therefore, if you suspect that anyone knows your username and password, you should change your login details immediately. If you are unable to login to your account at all, due to someone else’s actions, you should notify us immediately. 800.506.8064
8. AGREEMENT MODIFICATIONS
Brooks Jeffrey Marketing, Inc. reserves the right to make changes to the above terms and conditions of this agreement upon thirty (30) days written notice to Customer, advising of the change and the effective date thereof. Notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. It is the responsibility of the Customer to provide Brooks Jeffrey Marketing, Inc. with the most current contact information.