This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-commerce and other Internet-related services provided by Just Your Type (the "Services"). As used in this Agreement, "JYT" means Just Your Type, and "Client", "you" or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the JYT Site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "JYT Site" refers to the Site located at the URL: http://www.jyt.com, or any other successor Sites owned or maintained by Just Your Type.
APPROPRIATE USE OF THE SERVICES.
JYT provides the Services exclusively through Virtualis Systems, Inc. and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any other client's website or email address in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Virtualis or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate
contain viruses or other computer programming defects which result in damage to JYT and Virtualis or any third party.
Bandwidth. Client may occupy only the amount of disk space on the JYT Server and utilize no more than the network bandwidth which is allotted by JYT. Client may be charged a penalty for over-utilization of either disk space or network bandwidth.
No "Spam". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at JYT, or otherwise, that mention or reference any domain hosted on the JYT server or parked on JYT DNS server.
Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files. Client will have the ability to reinstate files which are automatically archived by JYT; however, JYT does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services.
Use By Minors. Just Your Type does not sell its products and services to minors under the age of 18. Just Your Type sells such products and services to adults, who can purchase with a credit card or can pay by check. Minors under the age of 18 may purchase such products and services of Just Your Type only with the involvement of a parent or guardian in the transaction.
Use of JYT Banners. Just Your Type provides free advertising banners to for clients that wish to market JYT’s products and services through JYT's Affiliate Program. Placement of JYT advertising banners on websites that do not comply with Section 1(a) of the JYT terms and conditions of use Services Agreement shall be forbidden. All participants of the Affiliate Program must agree with the terms and conditions of the Affiliate Program.
Termination. Just Your Type, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@jyt.com.
PAYMENT OBLIGATIONS
Service Fees. By the Seventh (7th) of each month, JYT shall either (i) debit Client's checking account via bank draft (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Just Your type by no later than the specified payment due date. Just Your Type shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Just Your Type. Certain services carry a set-up fee charged by Just Your Type to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Just Your Type and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Virtualis for such Services, Client agrees that no refunds will be issued for any unused portion of the Services regardless of when Client cancels the Services. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will not be entitled to a pro-rated refund.
Domain Names. If Client chooses to register a domain name(s) through Just Your Type, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. JYT does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. In addition, Client agrees to the terms contained in the Registration Agreement and understands and has read the Uniform Domain Name Dispute Resolution Policy.
Currently, the fee is Twenty-Five Dollars ($25) to register one (1) domain name for a One (1) year period or Twenty-Five Dollars ($25) per year for a Two (2) year period, Twenty Dollars ($20) per year for a Three (3) or Four (4) year period, Seventeen Dollars and Fifty Cents ($17.50) per year for a Five (5), Six (6), Seven (7) year period, Sixteen Dollars and Twenty-Five Cents ($16.25) per year for an Eight (8) or Nine (9) year period, and Fifteen Dollars ($15) per year for a Ten (10) year period. This fee is subject to change without notice to Client.
From time to time, Just Your Type may run special pricing on initial (new) domain name registration prices. When this occurs, when a domain name is up for renewal, Client will be billed renewal fees at the normal rate in place at renewal time based on the number of years Client chooses to renew the domain.
CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Just Your Type be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Virtualis from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If this Agreement is being terminated by Client, Client must follow instructions for cancellation provided on the Server Cancellation Information page. The essence of this page states that Client must contact the Just Your Type Customer Satisfaction department to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 - 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. Virtualis will maintain an archival copy of Client's Web site for Seven (7) days after Virtualis receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
TAXES
Client will pay and indemnify and hold Just Your Type harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
DISCLAIMER OF WARRANTY
THE SERVICES, THE JUST YOUR TYPE SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE JUST YOUR TYPE SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. JUST YOUR TYPE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUST YOUR TYPE SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JUST YOUR TYPE BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE VIRTUALIS SITE OR ANY VIRTUALIS PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL JUST YOUR TYPE'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
MISCELLANEOUS
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Just Your Type. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by and construed in accordance with the laws of State of California, U.S.A., regardless of its choice of law provisions. The state and federal courts located in the county of Los Angeles, California, will have exclusive jurisdiction. This Agreement and Just Your Type's policies are subject to change by Just Your Type without notice. Continued usage of the Services after a change to this Agreement by Just Your Type or after a new policy is implemented and posted on the Just Your Type Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Just Your Type Site for any changes or additions.
No part of this publication may be reproduced in any form or by any means, electronic, mechanical,
photocopying, recording or otherwise, without the prior written permission of the publisher.
