PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. THIS TOU CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THE TOU ALSO CONTAINS LIMITATIONS AND OR EXCLUSIONS THAT MAY APPLY TO YOU. IF YOU DO NOT AGREE WITH THE FOLLOWING TOU, DO NOT USE JimmysWorldNetwork.com or JWNonline.com (this “Site”) OR PURCHASE SERVICES FROM JIMMYS WORLD NETWORK LLC (“JWN”).
ACCEPTANCE OF TERMS:
This Site and the services that JWN provides to you (the “Customer”) and all products, website design, uploading and or posting the website on the internet, online marketing, domain name registration, e-mail services, consulting and market research as well as related support services (collectively, the “Services”) purchased by the Customer from JWN are subject to the TOU. By accessing, browsing and using this Site you acknowledge that you have read, understood and agree to be bound by the TOU and to comply with all applicable laws and regulations. By purchasing any Services from JWN you accept and are bound to the terms and conditions of the TOU. Any Services Agreement and any Update Agreement between the Customer and JWN are subject to the TOU which are incorporated therein by reference and made a part thereof. If you do not wish to be bound by the TOU do not use this Site or purchase any Services from JWN. JWN reserves the right to modify the TOU including, without limitation the prices set forth herein which shall be binding on the Customer for all Services provided to the Customer subsequent to such modification. It is the client’s responsibility to read and understand the TOU frequently in regards to any change or modification in the TOU.
CUSTOM WEBSITE DESIGN, HOSTING & MAINTENANCE:
Any custom specifications for the Customer’s website (such as a certain color scheme, logo, additional pages) must be supplied by the Customer to JWN in writing prior to JWN commencing any Services. Although JWN does not use “cookie cutter” designs and each website is customized for the Customer, if you do not specify the color scheme or the certain layout design you would like, the design is at the liberty of JWN, in its sole discretion. All websites designed by JWN shall be built on a Microsoft Windows machine. Any picture, audio or video files that the Customer specifies to be included in the website must be provided by the Customer to JWN within ten (10) days of the customer signing the Services Agreement. JWN does not guarantee audio and or video compatibility. JWN reserves the right to refuse to provide Services to any Customer that requests content that JWN determines, in its sole discretion, contains material that is pornographic, discriminatory or is otherwise offensive. JWN shall have no responsibility for any content placed on a Customer’s website in connection with Services provided by JWN or otherwise.
Your website will be completed within 4 weeks from the date JWN receives a signed Services Agreement and the initial payment as well as all written content for the website. All discounts, if any applicable, must be presented prior to the time the Services Agreement is signed by the Customer. If the discount is not presented to JWN prior to the time the Services Agreement is signed by the Customer, JWN reserves all right, in its sole discretion, to not accept or apply any such discount to the total price in the Services Agreement. The start up fee for website design services is $129.00. Each website page is $50.00. For website design and posting on the internet, seventy five percent (75%) must be received with the signed Services Agreement before JWN will commence any Services. Once the website is completed, each Customer is given a unique password to view their website for approval. This password is solely for the Customer and not any other person. It is the Customer’s responsibility to protect their password. Within five (5) business days of receipt of the Customer’s approval of their website and payment of the final twenty five percent (25%), JWN will post the website on the internet. The remaining twenty-five percent (25%) must be paid before the completed website will be posted on the internet. Website design service lasts for 1 year from the launch date of the Customer’s website onto the internet. To renew a website account, a fee of $129.00 (the “Renewal Fee”) will be due a minimum of ten (10) days prior to the 1 year anniversary of the launch date. If JWN does not receive the Renewal Fee within the above time frame or any other payments when due, the Customer’s website will be shut down. If a Customer’s website is shut down by JWN for lack of payment, the Customer must sign a new contract and pay all applicable start-up and website page fees. Each Customer is allotted 25MB of disk space and 1GB monthly bandwidth transfer for their website. Additional disk space is $60.00 per 25 MB and additional bandwidth is $48.00 per 1GB monthly transfer. Any updates or additional pages, pictures, videos, audio files and other Services all must be bought separately. All payments must be made in United States currency.
PAGE ADDITIONS AND UPDATES/PICTURES:
Additional website pages are $50.00 per website page. Unless renewed, a Customer’s website page will expire when the Customer’s website expires on the 1 year anniversary of the launch date of the Customer’s website. JWN also offers services to update your website which includes the addition or deletion of one hundred (100) words or less (an “Update”). Adding a picture or making an update is $10.00 per picture or update. JWN offers Update & Picture Packages: 6 for $54 or 12 for $96. Updates and Pictures must all be utilized before the renewal date of the customer’s website. If the Update and Picture package is not utilized in it’s entirety by the annual renewal date the Update and Picture package will expire.
AUDIO AND VIDEO FILES:
Uploading video to a website is $29.00 for each five (5) minute segment of such video file(s). The minimum charge for adding a video file, even if less than five (5) minutes in duration, is $29.00. Each additional five (5) minute segment of a video file, or any part thereof, will be an additional $29.00. Uploading audio to a website is $19.00 for each five (5) minute segment of such audio file(s). The minimum charge for adding an audio file, even if less than five (5) minutes in duration, is $19.00. Each additional five (5) minute segment of an audio file, or any part thereof, will be an additional $19.00.
JWN offers website redesign services at an hourly rate of $60.00. JWN will only provide redesign services on websites originally designed and currently hosted through arrangements made by JWN.
The copyright in all material on this Site is held by JWN or the original creator of the material. JWN owns and copyrights the entire design of a Customer’s website. Each page on a website designed, created and or hosted by JWN shall have an active link to this Site which will read as follows: “Created by Jimmys World Network LLC.” The Customer owns the content (i.e., written words) that the Customer provides to JWN for inclusion on their website as designed by JWN. Permission to display, copy and download materials on this Site or any materials provided to you in connection with JWN’s performance of the Services (such as printouts, press releases, datasheets and FAQs) is granted, provided that (1) the JWN copyright notice and this permission notice appears in all copies, (2) use of such materials is for informational and non-commercial use, and will not be copied or posted on any network computer or broadcast in any media, and (3) no materials included in this Site are modified in any way. No logo, graphic, sound or image from this Site may be copied or retransmitted unless expressly permitted in writing by JWN.
DOMAIN & E-MAIL ACCOUNTS:
Domain Names: Domain names are $26.00 each and last for one year. Customers may choose from the following domains: .com, .net, .info, .org. JWN’s registration of any domain name is subject to (1) the Customer providing all of the information necessary to complete such registration and (2) the domain name not being in violation of any applicable rule, regulation or law, (3) the availability of such domain name. JWN is not responsible if a domain name is not available for any reason. JWN is not responsible for any infringement of third party rights caused by JWN’s registration of a domain name for a Customer.
E-mail Accounts: JWN will create the initial password and then the customer will be send information on how to change the password. The customer is urged to change the password to something more private and unique. Once password is changed, JWN will not be granted access to the customer’s e-mail account. E-mail account includes, but is not limited to, SPAM filtering, inbox/outbox/trash, calendar, task list and address book. E-mail accounts are offered for $54.00/year.
SEARCH ENGINE OPTIMIZATION:
This online marketing service shall include (1) the addition, by JWN, of META tags and descriptions that will make the Customer’s website more compatible with search engines, and (2) the submission, by JWN, of the Customer’s website to search engines such as Google, Yahoo, Bing and others. JWN is neither responsible for the acceptance of the Customer’s website by any search engine nor does JWN guarantee that a Customer’s website will be listed on any search engines to which it was submitted. It may take up to 6 months to have a Customer’s website listed on a search engine. The decision to accept or reject the submission of a Customer’s website is in the sole discretion of the search engine to which it was submitted. JWN will only provide Website submission to a Customer whose website is complete and paid in full. If a Customer contracts to purchase Search Engine Optimization simultaneously with a website package, JWN will not commence any Online Marketing until the Customer’s website is complete and has been launched on the internet. Search Engine Optimization is only available if the Customer has purchased website design services from JWN. There is a one-time fee of $99 for Search Engine Optimization.
SEARCH ENGINE MARKETING:
JWN will create a Google Adword ‘ad’ for the customer’s website and arrange for the ad to appear on Google searches under the ‘Sponsored Links’ section. The customer will set the monthly fee and this will determine how frequent the advertisement will appear. There is a $69 base fee for JWN’s creation of the ad. The customer will also be charged for the monthly Google Adword budget, as set by the customer. The monthly budget amount must be paid in full to JWN prior to the month in which the Search Engine Marketing takes place. Once the client approves the ad no further edits can be made. JWN is not responsible for misspellings, incorrect links, typos or other mistakes once the client has approved the design. While the customer’s ad will generate impressions, JWN cannot guarantee a certain amount of actual visits to the customer’s website.
JWN will provide the client with the link to their website’s site statistics, which is available online 24/7. Site Statistics include unique and non-unique hits per day, week, month and year as well as platforms and browsers used, time zones accessed, as well as pages of entrance, departure and surfing behavior. If and when site expires, Site statistics will expire. This is a one time fee of $49.00 for as long as a client’s website is live on the internet using JWN’s website design and hosting service. This service is strongly recommended for customers who plan to purchase Search Engine Optimization or Search Engine Marketing.
PRINT DESIGN SERVICES:
JWN can design and print business cards, brochures, flyers, labels as well as other paper goods. The design fee is $60.00/hour. If a client chooses to have JWN produce the printed good, an additional fee will be charged for the printing services. This fee will be agreed upon prior to printing. All specifications and amount of paper goods needed must be stated before the service begins. Once the client approves the design no further edits can be made. JWN is not responsible for misspellings, typos or any other mistake once the client has approved the design.
SOCIAL NETWORKING INTEGRATION:
JWN will identify other techniques to integrate your website into non-search engine platforms. This includes establishing your site or brand on social media websites such as Facebook, Twitter and MySpace. JWN can establish these techniques for any type of user in an effort to brand your website across various online platforms. This may lead to greater engagement with your website. The social networking integration fee is $50.00/hour.
CONSULTING & TRAINING:
JWN can coach and support you on an array of topics related to your online presence. Whether it is one-on-one coaching or team consulting, we will seek opportunities for your organization and plan strategies for success. You do not need to have any experience with websites or the internet. Some of the topics we can address include: website design for beginners, how to make a well structured site, online marketing for beginners, how to effectively market a business online, how to send e-mail blasts or HTML e-mails, social media and social networking, a deeper look at web 2.0: Podcasts, Blogs, Wikis as well as many other topics.
OTHER IMPORTANT INFORMATION:
When JWN completes Services for a Customer, the Customer’s name, company or organization may be added to this Site. The Customer hereby consents to have its name, business or organization name posted on this Site. This is for promotional purposes only. The Customer may be asked to write a testimonial for JWN which will be posted on the Testimonials page of this Site.
If a Customer refers a new customer to JWN and such reference results in a signed Services Agreement with such new customer and such new customer’s account is paid in full, then the Customer making such reference shall be entitled to one (1) free Update, as hereinafter defined. The Customer must use the free Update before the earlier to occur of either: (1) one (1) year from the date of issuance or (2) prior to the expiration of such Customer’s website. The Customer must notify JWN of the free Update at the time of requesting such Update.
LIMITATION OF LIABILITY:
IN NO EVENT SHALL JWN BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY THE CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF JWN HAS BEEN ADVISED OF THE POSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JWN’S LIABILITY FOR ANY DAMAGES, LOSSES OR CAUSES OF ACTION WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EXCEED THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTION DURING THE 12 MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, JWN’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
JWN is not responsible if your website goes ‘down’ (or off the internet) if it is at the fault of the website server (Homestead Technologies) who actually provide the hosting service. JWN is not responsible if your domain or e-mail are temporary unavailable if it is at the fault of the domain or e-mail provider (GoDaddy) who actually provide the domain and e-mail service. JWN is not responsible for audio, video, pictures, or any other files posted on the website. All data provided on this Site is for informational purposes only and should not be relied on for any particular purpose.
TERMINATION/CANCELLATION OF SERVICES:
At any time you may cancel any Services, whether or not JWN has completed such Services, by notifying JWN in writing. Only cancellation or termination requests received in writing shall be accepted by JWN. Upon receipt of any such cancellation or termination request, no refunds or exchanges of any kind will be given. The cancellation or termination of Services does not relieve the Customer of any obligations to pay accrued fees up to the date of the notice of cancellation or termination is received by JWN.
DISCLAIMER OF WARRANTY:
THE MATERIALS PROVIDED ON THIS SITE AND THE SERVICES PROVIDED TO THE CUSTOMER ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. NEITHER JWN, ITS THIRD PARTY INFORMATION PROVIDERS, SUPPLIERS OR MERCHANTS MAKE ANY WARRANTIES OF ANY KIND AND DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT JWN USES OR PROVIDES. JWN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE OR THE SERVICES PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JWN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR THE USE OF THE SERVICES PROVIDED BY JWN AS TO ACCURACY, RELIABILITY OR OTHERWISE. JWN IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM THE CUSTOMER OR STORED BY THE CUSTOMER IN CONNECTION WITH THE SERVICES PROVIDED BY JWN.
The Customer and JWN agree that in the course of providing the Services, each may have access to the other party’s confidential information and communications, including without limitation proprietary or personal information. Each party agrees to maintain such information in confidence and to not cause or permit any such information to be communicated, copied or otherwise divulged to any third party whatsoever.
At JWN, we respect your privacy. You may visit this Site without telling us who you are or revealing any personal information about yourself. However, if you are interested in purchasing Services from JWN, we will need your name, address, telephone number, fax number and Email address in order to contact you regarding which Services you wish to purchase. You will have the option to provide us with your contact information via the internet or by telephone. Please note, if you choose to provide JWN with your contact information over the internet, this Site does not use any encryption or security technology. If your contact information is intercepted or wrongly received by a third party such message will not be encrypted and may be viewed by an unintended recipient. JWN is not responsible for the privacy practices of any other websites or unintended recipients of your contact information. JWN will never sell or share your personal information with any other person or entity unless required to do so by court order. If you have any questions regarding the use of your personal information, please contact JWN at websites@JimmysWorldNetwork.com.
NO UNLAWFUL OR PROHIBITED USE:
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the TOU. You may not use the Services in any manner that could damage, disable, overburden, or impair any JWN server, or the network(s) connected to any JWN server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any JWN server or to any of the Services, through “internet scamming” hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. JWN reserves the right to suspend or cancel any or all Services to any Customer who JWN, in its sole discretion, determines is inappropriately using their account or the Services. If JWN cancels or terminates the Customer’s Services because of misuse, no refund will be given. Using the Services as a means to distribute information regarding the creation of and sending of internet viruses or worms or other activities that disrupt the use of or interfere with the ability of others to use the Services is strictly prohibited.
NO ADULT CONTENT:
JWN reserves all rights to refuse to provide Services to any Customer requesting pornographic content or content that infers sexual content. JWN shall have no responsibility for any content placed on a Customer’s website in connection with Services provided by JWN or otherwise. JWN may terminate or cancel any Services being provided to a Customer if JWN determines, in its sole discretion, that such Customer has adult or pornographic content on its website.
AFFILATION TO CLIENT’S WEBSITE:
Although JWN may indirectly promote certain businesses, organizations, performers, sports teams and clubs through the Services it provides, JWN is not an agent of any Customer, and does not directly or indirectly endorse or manage any Customer or any Customer’s business.
COMPANIES THAT ARE INVOLVED IN YOUR SERVICES:
All design and maintenance services are provided by JWN. Website hosting is provided by Homestead Technologies. E-mail and Domain accounts are provided by Go Daddy. SEM service is provided by Google Adwords. JWN is neither an affiliate, agent or partner of nor a co-venturer with any of these companies.
The Customer shall indemnify and hold harmless and defend JWN, its employees, officers, members and agents from and against any and all claims, damages, losses, liabilities, causes of action, demands, proceedings and expenses (including without limitation reasonable attorney’s fees) arising out of or in connection with the use of the Services by the Customer including any violation of the TOU including without limitation any claims based on copyright, patent or trademark infringement, trademark dilution, tortuous interference with contract, unfair competition, or any other damage or injury to business or business relations.
JWN shall not be liable for any failure or delay in performing its obligations if such failure or delay is due to circumstances beyond JWN’s reasonable control including, without limitation, acts of any government body, war, terrorist acts, acts of God, sabotage, embargo, fire, flood, strike, unavailability or interruption in transportation, telecommunications, third party services, software or power.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The display of any trademarks on this Site does not imply that a license of any kind has been granted. Any unauthorized, transmission or copying of such trademarks may be a violation of federal law and subject to legal action. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred.
The TOU shall be construed in accordance with and governed by the laws of Connecticut without regard to its conflicts of laws principles.
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