TERMS OF USE AND AGREEMENT

TERMS OF USE
All services provided by J2Now Professional Services Limited (hereafter "J2NOW") may be used for lawful purposes only. The customer (hereafter "YOU") by using J2NOW's service are not allow to transmission, storage or presentation of any information, data or material in violation of any applicable federal, state and local law and regulation is prohibited. This includes, but is not limited to:
  1. copyrighted material,
  2. material that is threatening or obscene,
  3. material that is with "adult only" content, or material, protected by trade secrets and other statute.
Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites, promoting any illegal activity, violence or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:
  1. Pirated software or MP3/DVD/VOB/MPEG/AVI or other media soft-format files
  2. Hackers programs or archives
  3. Warez Sites
  4. Porn
  5. Spamming Software
J2NOW will be the sole arbiter as to what constitutes a violation of this provision.
DISK USAGE
J2NOW will monitor the customer's disk usage and if it exceeds the usage agreed upon, J2NOW shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges, discontinuance of service, or termination of this agreement.
REFUND POLICIES
J2NOW does not offer any partial or prorated refunds after service setup and/or after domain name registration and/or IT Outsourcing Service.
Except the following service plan:
  1. Partial refunds will be available for our Website Hosting Plan customer for 14 days start from the service setup, after that, there are no partial refund for our customer.
  2. Partial refunds will be available for our Email Hosting Plan customer for 14 days start from the service setup, after that, there are no partial refund for our customer.
  3. Domain name registration fee is non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term
  4. All others service remain non-refundable.
If a customer disputes a setup / renewal charge for any account, J2NOW will not re-activate the service, unless the customer covers all fees involved, including the charge back fee and any other transaction fees.
Accounts terminated due to policy violations will not be refunded.
ACCOUNT RENEWAL POLICY
J2NOW does not renew accounts automatically. For the customer's convienience, J2NOW will send a renewal reminder to the contact email address on file for the corresponding hosting account. The customer is ultimately responsible for renewing the hosting account through one of the options given by J2NOW.
Customers are not allowed to open a second hosting account for a domain that is already hosted through J2NOW. If the customer wants to continue hosting the specified domain with J2NOW, he/she needs to renew the account using one of the renewal options given by J2NOW.
DOMAIN NAME REGISTERATION POLICY
  1. Domain name registration fees must be paid in full for the entire initial registration period prior to domain activation.
  2. After the initial registration period, renewal fees will be required. Failure to pay renewal fees by the expiration of the initial registration period or the prior renewal period will result in the domain being deactivated and made available for registration by others.
  3. We are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.
  4. Domain registration fees are due immediately and are non-refundable., in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term
  5. DOMAIN NAME INFORMATION
    You agree to notify J2Now within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide J2Now with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by J2Now to determine the validity of information provided by You, shall also be considered to be a material breach of this Agreement. You agree to retain a copy for Your record of the receipt for purchase of Your domain name.
    You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact.
    You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both J2Now and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure.
    You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
    • The domain name
    • Your name, email address,and postal address
    • The original date of registration and expiration date
    You agree that, to the extent permitted by ICANN, J2Now may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
    In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, You hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that You are required to provide when applying for a domain name:
    1. the domain or sub-domain name(s) registered by You;
    2. Your organization name, type and postal address;
    3. the name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for Your domain or sub-domain name(s);
    4. the original creation date of the registration; and
    5. the expiration date of the registration.
    We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.
    DOMAIN NAME DISPUTE RESOLUTION POLICY
    In case of ownership dispute, J2NOW reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which J2NOW will decide who is the rightful owner of the disputed domain name / hosting account
    By default, J2NOW will grant ownership to the person, who paid for the hosting account. If the purchase was made by credit card or PayPal, the holder of the respective credit card or PayPal account will be considered the owner. If the purchase was made by Western Union, bank transfer, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. J2NOW reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.
    If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, J2NOW will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.
    In case of death or serious disability of the original owner, that prevent him/her from continuing to manage the hosting account or the domain name purchased, J2NOW may grant ownership to another person or organization, if enough proof is presented about the original owner's condition, and based solely upon the investigation that J2NOW will undertake about this issue.
    J2NOW will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.
    In addition, You agree to be bound by the rules that we based on Domain Name Dispute ICANN Uniform Domain Name Dispute Resolution Policy and Hong Kong Domain Name Dispute Resolution Policy
    PROVISION SPECIFIC TO ALL REGISTRATION OF DOMAIN NAME
    You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.
    RESOURCE USAGE
    To maintain the integrity of our shared hosting services, we have several special per-user resource limits in place. These include, but are not limited to:
    Memory limitations: Customers using shared hosting services will be able to use only a certain portion of the total available memory on the server.
    CPU usage limitations: Scripts that take too much real CPU time will be terminated.
    Simultaneous script execution limitations: Customers will be able to run only a certain amount of CGI scripts simultaneously. Whenever this limitation is triggered, execution of subsequent CGI script requests via the web will produce an error message.
    FAIR USE POLICY
    For all service provided without a cap notified, a fair use policy applied. A maximum of 10GB/month transfer can be tolerated on an unlimited transfer hosting plan, where this standard will be justified from time to time by our company without further notification.
    SUSPENSION OF SERVICES
    You agree that, in addition to other events set forth in this Agreement:
    1. Your ability to use any of the services provided by J2Now is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN;
    2. Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any J2Now procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by J2Now or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.
    You agree that Your failure to comply completely with the terms and conditions of this Agreement and any J2Now rule or policy may be considered by J2Now to be a material breach of this Agreement and J2Now may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide J2Now with material evidence that You have not breached Your obligations to J2Now within ten (10) business days, J2Now may terminate its relationship with You and take any remedial action available to J2Now under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, cancelling the registration of any of Your domain names and discontinuing any services provided by J2Now to You. No fees will be refunded to You should Your Agreement be cancelled or services be discontinued because of a breach.
    J2Now's failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.
    DISTRIBUTION AND/OR TRANSMISSION OF OBSCENE OR INDECENT SPEECH OR MATERIALS
    Violation of indecency and obscenity laws can result in criminal penalties.
    INTELLECTUAL PROPERTY RIGHTS
    J2Now and other parties own the trademarks, logos and service marks displayed on this website. These may not be used without the written permission of J2Now or the party owning these.
    Materials on this site are protected by copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without the permission of J2Now or the party owning these.
    Most of the artwork image(s) use in this site are under various licenses such as GPL, Creative Commmons, etc. These may not be used without the written permission of J2Now or the party owning these. For more information, please visit Open Icon Library and Open Clip Art Library.
    All PDF file(s) download from this site are licenses under Creative Commons Licenses's CC BY-NC-ND 3.0, No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without the permission of J2Now. For more information, Please visit CC BY-NC-ND 3.0.
    Materials, accessible to the customer through J2Now's services, may be subject to protection under the copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when exclusively permitted by the owner of such rights, the customer may not use J2Now's services in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which the customer accesses or receives through J2NOW's network. If the customer uses a domain name in connection with J2Now's service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.
    It is J2NOW's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the service provide to our customers who may infringe or repeatedly infringe the copyrights or other intellectual property rights of J2NOW and/or others.
    You warrants that you holds all necessary or desirable rights, licences and other permissions in respect of the contents which you using intend to uploads it to the Internet.
    You expressly grants to J2Now a non-exclusive, royalty free license, for the duration of the Agreement, to cache the entirety of the contents of or supplied by you and contents on your’s Website, including contents supplied by third parties, hosted by J2Now under the Web Hosting Agreement and agrees that such caching is not an infringement of any of intellectual property rights or any third party’s intellectual property rights.
    In relation to any information or materials which you submit to J2Now, you hereby grant to J2Now a worldwide royalty-free perpetual licence of the copyright and intellectual property rights in such information or materials for any purpose it deems including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law.
    NETWORK SECURITY
    Customers may not use J2NOW's network in an attempt to circumvent user authentication or security of any host, network or account. This includes but is not limited to: accessing data not intended for the customer, logging into a server or account the customer is not exclusively authorized to access, password cracking, probing the security of other networks in search of weaknesses, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host or network. This includes, but is not limited to: flooding, mail bombing or other deliberate attempts to overload or crash a host or network. J2NOW will fully cooperate with investigations of violations of systems or network security. This also includes cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
    PAYMENT POLICIES
    All accounts are set up on a prepay basis. Although our company reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
    CANCELLATION AND REFUNDS
    Our Company reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. However, if a customer contravenes our company's terms of service a refund will not be issued in the event of a cancellation. Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless the service is cancelled by our company & they have not voilate this Terms and Conditions. However, Domain registration fee(s) or Domain renewal fee(s) are non-refundable.
    DEFAMATION
    The customer may not host material that is:
    1. threatening or obscene;
    2. offensive to any person or group. This includes but is not limited to prejudice, racism, intolerance, hatred, and harassment; expressions that are by nature libelous, defamatory, and offensive to or disrespectful of ethnic, racial, religious, or other groups;
    3. harmful to minors;
    4. likely to cause damage to reputation of third parties.
    Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.
    SPAM OR UNSOLICITED E-MAIL
    The customer may not use J2NOW's network, J2NOW's equipment or J2NOW's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The customer's domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the J2NOW's network, J2NOW's equipment or J2NOW's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.
    In case sufficient evidence is presented about any violation of this provision, J2NOW reserves the right to disable the customer's account without prior notice. For the purpose of acquiring such evidence, J2NOW will use various techniques, including but not limited to: closely inspecting all spam reports sent to J2NOW's anti-abuse department (abuse@j2now.com), searching the logs of J2NOW's mail servers, and scanning the server space for popular "spamming" applications. J2NOW will be the sole arbiter as to what would be considered sufficient evidence.
    ABUSE
    Any attempt to undermine, slander, libel, threaten or cause harm to J2NOW's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.
    INDEMNIFICATION
    You (The Customer) agrees to hold harmless and indemnify J2NOW, its subsidiaries, affiliates, officers, directors, employees from and against any third-party claim arising from or in any way related to the use of J2NOW service(s), including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, J2NOW will provide you with written notice of such claim, suit or action.
    PAY BY PAYPAL
    By using J2NOW pay by PayPal, Inc. ("PayPal") option ("Pay by PayPal"), You can purchase domain name and/or web hosting plan(s) using PayPal. In consideration for Services purchased by You and provided to You by J2NOW, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable. It is Your responsibility to keep Your PayPal Account current, to have available funds in it and to have Your PayPal Account backed by a valid credit card. You agree that PayPal and J2NOW will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and J2NOW may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of US$25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source. By clicking the bottom label "I Agree to pay", you agree to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.
    REFUSAL OF SERVICE
    J2NOW reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the customer that has uploaded the insecure application in question. Customers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the customer, J2NOW reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the customer and to the other customers hosted on the same server, and may be done with or (in case of emergency) without prior notice.
    J2NOW reserves the right at its sole discretion to refuse or cancel service. Violation of any of J2NOW's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.
    DISCLAIMER OF WARRANTIES
    J2NOW DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW J2NOW DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
    LIMITED LIABILITY
    THE CUSTOMER AGREES AND EXPRESSLY UNDERSTAND THAT, J2NOW SHALL NOT BE LIABLE FOR ANY:
    1. SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES;
    2. USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES;
    3. INTERRUPTION OF J2NOW'S SERVICES OR INTERRUPTION OF THE CUSTOMER'S BUSINESS;
    4. ACCESS DELAYS OR ACCESS INTERRUPTIONS TO J2NOW'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY J2NOW;
    5. LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND J2NOW'S CONTROL;
    6. DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
    7. LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE CUSTOMER'S ACCOUNT;
    8. APPLICATION OF THE DISPUTE POLICIES;
    9. THE CUSTOMERS'S LIABILITY TO ANY OTHER PERSON, WHICH IS SUFFERRED OR INCURRED BY THE CUSTOMER OR ANY OTHER PERSON ARISING UNDER OR IN ANY WAY OUT OF THE INFORMATION OR THE USE OF THE SERIVCE WE PROVIDED.
    J2NOW ALSO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF J2NOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    MODIFICATION
    J2NOW, at its sole discretion, may change these terms and conditions at any time. By using J2NOW's services the user agrees that J2NOW may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on J2NOW's web site, or on notification to the customer by e-mail. The customer agrees to review J2NOW's web site, including these terms, periodically to be aware of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying J2NOW by e-mail or via the support web site (http://www.j2now.com/). Notice of the customer's termination will be effective on receipt and processing by J2NOW. The customer agrees that, by continuing to use J2NOW's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.
    DISCLAIMER
    Whilst every reasonable care has been taken in preparing the information and materials contained in this Web Site, such information and materials are provided "as is" without warranty of any kind either express or implied. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials.
    The material and information contained on this Web Site is provided for general information only and should not be used as a basis for making business decisions. Any advice or information received via this Web Site should not be relied upon without consulting primary or more accurate or more up-to-date sources of information or specific professional advice. You are recommended to obtain such professional advice where appropriate.
    J2Now accepts no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of this Web Site, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy with this Web Site, its contents or associated services, or due to any unavailability of this Web Site or any part thereof or any contents or associated services.

    Last Update : 31-Aug-2013