Terms of Service
All accounts are bound by this Terms of Service with jMailerPro when you subscribe.
1) Setup Fees including, but not limited to, additional programming are nonrefundable.
All fees are due in advance of the services provided. Failure to pay in
advance may result in termination or suspension of services without
If you cancel your service you will be refunded the
prepaid fees for any unused month, once those services are no longer
being provided, not including set up fees, if you have a contract, the
terms of the contract apply. If you cancel your service, but fail to
transfer your site(s) to another provider and continue to utilize our
hosting network you will be billed until such time that you are no
longer utilizing our services. If you wish services to cease
immediately, you must request that our services be discontinued
immediately. Within the first 30 days of your subscription, a pro-rated
refund is offered at the daily cost on the balance of the month not used.
The setup fee of $50 is NON-REFUNDABLE
the first 30 days, a 10 day cancellation notice is required to ensure
billing is cancelled before the anniversary date of the subscription
4) Money Back Guarantee - We offer a limited Money
Back Guarantee to all new clients. The purpose of this guarantee to
allow clients to experience our services and determine that they meet
or exceed industry standards. To this end, if we have not met industry
standards for service performance and reliability during the first 30
days of a new hosting account being online and the client requests a
refund by e-mailing email@example.com, We will refund the
pro-rated difference of the client's hosting fees for the month. A
month is defined as a 30 day period. For example if a customer cancels
on the third day of service they would receive a 27 day pro-rated
refund, or 90% of their payment. This refund will NOT include any setup
fees or hourly support fees paid to us. All refunds must be requested
by contacting firstname.lastname@example.org. In all other circumstances
monies paid to jMailerPro are final and non-refundable.
4a. Money Back Guarantee only applies to the first purchase for an individual, group or account.
4b. Pre-payments for 3, 6 and 12 months are NOT refundable.
4c. Refunds will only be sent to the payment method that originally made the purchase.
4d. The setup fee of $50 is NON-REFUNDABLE.
The use of any data or material, which Customer receives from the
service provided by jMailerPro, is at Customer's sole and absolute
risk. jMailerPro specifically disclaims and denies any
responsibility for the completeness, or accuracy of quality of any and
all information obtained through the services to be provided hereby.
We will utilize our best efforts to maintain acceptable performance of
services, but jMailerPro makes absolutely no warranties whatsoever,
express or implied, including warranty of merchantability or fitness
for a particular purpose. We cannot guarantee continuous service,
service at any particular time, or integrity of data stored or
transmitted via its system or via the Internet. We will not be liable
for the inadvertent disclosure of, or corruption or erasure of, date
transmitted or received or stored on its system. jMailerPro 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 Internet, or
inability to transmit or receive information, caused by, or resulting
from, delays, non-deliveries, or service interruptions whether or not
caused by the fault or negligence of jMailerPro.
agrees that it shall defend, indemnify, save and hold harmless from any
and all demands, liabilities, losses, costs, claims, including
reasonable attorney's fees, ('Liabilities') against jMailerPro, its
agents, its customers, servants, officers, employees, that may arise or
result from any services provided, performed or agreed to be performed
or any product sold by Customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless jMailerPro
against Liabilities arising out of any injury to person or property
caused by any products sold or distributed in connection with
jMailerPro's server; and material supplied by Customer infringing or
allegedly infringing on the proprietary rights of a third party;
copyright infringement and any defective product which Customer sold on
jMailerPro's Server. As a result of this, Customer agrees that
jMailerPro shall not be liable to Customer for any claims of actual,
compensatory and/or consequential damages which may be suffered by
Customer, including, but not limited to, losses or damages due to the
loss data resulting from delays, non deliveries, or service
interruptions caused by the fault or negligence of jMailerPro.
Notwithstanding the above mentioned, Customer's exclusive remedies,
damages, losses and causes of actions shall not exceed the aggregate
dollar amount which Customer paid during the term of this Agreement.
This section defines the network and host server Service Level
Agreement (SLA). To Customers in good financial standing with
jMailerPro we guarantee that our network is available 99.9% and their
host server is available 99.5% of the time in a given month, excluding
scheduled maintenance. The network is defined as core network
infrastructure excluding the hardware, services and software running on
your server. The server is defined as the host hardware that houses the
account. Downtime is measured from the moment the Customer notifies a
jMailerPro support representative of a failure to the time the
Network or Server responds to an external "ping" request. Notification
of network failure must occur at the time of the outage and not after
If network downtime exceeds .1% in a given month, the
Customer will be credited 5% of their monthly hosting fee and an
additional 5% for each additional 2 hours of downtime up to 50% of the
Customer 's monthly hosting fee.
If server downtime exceeds .5%
in a given month, the Customer will be credited 5% of their monthly
hosting fee and an additional 5% for each additional 2 hours of
downtime up to 50% of the Customer 's monthly hosting fee.
shall not be provided to the Customer if network or server downtime is
the result of: a) scheduled maintenance b) circumstances beyond
jMailerPro's reasonable control, including, but not limited to: dDOS or
other network attacks, upstream or 3rd party network outages, war,
fire, flood, sabotage, labor disturbance, acts of government, acts of
god or c) breaking this Agreement or jMailerPro's Acceptable Use
9) The Customer may only use jMailerPro's services
for lawful purposes. In the event that at any given time, jMailerPro
believes that the service is being used by the Customer in
contravention with any of the terms and provisions contained in this
Agreement, jMailerPro has the right to immediately discontinue such
service to Customer without liability other than to refund any unearned
prepaid service fees. The following are restrictive uses and shall be
cause for the immediate termination of web services and this Agreement
without notice to the Customer:
9a. Unauthorized distribution or
copying copyrighted software, violation of US export restrictions,
embarrassment, fraud, trafficking in obscene material, drug dealing,
and other illegal activities; Offering for sale or soliciting e-mail
lists for the purposes of bulk e-mail.
advertising via email and/or 'Spamming' is a violation of this
agreement. Such prohibited conduct subjects Customer to immediate
cessation of service as provided herein and the termination of this
agreement without notice. jMailerPro reserves the right to report
such illegal activities to any and all regulatory, administrative
and/or governmental authorities for appropriate prosecution.
Using a non-existing email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user), trolling (posting outrageous
messages to generate numerous responses, mail-bombing (sending multiple
messages without significant new content to the same user), subscribing
someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or
attempting without authorization to enter into a secured computer
system. jMailerPro reserves the right to determine what is Net abuse.
Tortuous conduct such as posting of defamatory, libellous, scandalous,
or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyright, or other intellectual property rights.
Customer expressly understands and agrees that illegal Adult oriented
Websites are expressly prohibited. jMailerPro reserves the right to
immediately terminate and remove any such unauthorized Websites without
notice and discontinue service to Customer without notice or liability
for actual, compensatory or consequential damages to Customer for the
interruption in service.
9f. IRC is specifically prohibited.
9g. Proxies are specifically prohibited.
9h. Torrents are specifically prohibited.
The Customer assumes all responsibility for Operating System (OS)
Reinstalls and Changes. OS Reinstalls can be performed using Virtuozzo
Power Panel. OS Changes can only be performed by Requesting
Subscription Cancellation from the HSPcomplete Control Panel in their
Control Panel. Addresses CANNOT be retained during this. If you choose
to change your OS you will lose your IP Address. Early subscription
terminations are entitled to a Prorated Account Credit for the unused
days of the billing cycle (30 Days). Account Credits MUST be requested
by contacting email@example.com.
requests must be submitted via email or the secure ticket system to the
jMailerPro Sales Team, or scheduled via the provided control panel
where applicable. jMailerPro will not process any cancellation
requests sent from non-authorized contacts. All cancellation requests
submitted via email that cannot be scheduled from a control panel will
be responded to with a Confirmation Request. No cancellations will be
processed until the request is confirmed as per the instructions
provided by jMailerPro in the Confirmation Request Email. jMailerPro
will not accept cancellation requests via phone, Live Chat,
fax or standard mail.
12) Your Distribution List can be created in a number of ways, including by importing contacts, such as through csv or from your website using a form, or simply added 1 at the time. Your Distribution Lists are stored on a secure jMailerPro server. We do not, under any circumstances, sell or use your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. Only authorized employees have access to view Distribution Lists. You may export (download) your Distribution Lists from jMailerPro at any time.
jMailerPro will not be responsible
any damages your business may suffer. jMailerPro makes no warranties
of any kind, expressed or implied for services we provide. jMailerPro
disclaims any warranty or merchantability or fitness for a
particular purpose. The includes loss of data resulting from delays,
non-deliveries, wrong delivery, and any and all service interruptions
caused by jMailerPro and its employees. The services provided by
jMailerPro are provided AS-IS and without any warranty expressed or
implied. jMailerPro reserves the right to revise its policies at any