JMZCONS is a Division of Jim Mendez Consulting Services which will be referred to a JMZCONS throughout this contract.

JMZCONS is a Web Hosting Provider. User accounts on our Internet severs are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement or placement on your behalf of information on JMZCONS servers is an acknowledgment that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind yourself or on your behalf on JMZCONS servers.

1. USER CONDUCT

JMZCONS may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to JMZCONS, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

While using the service, you may not:

Restrict or inhibit any other user from using and enjoying the Internet; Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene. offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation the United States export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secrets, misappropriation and anti-dilution laws; Post, publish, transmit, reproduce or distribute any information or Software which contains a virus or other harmful component; information, software or other material obtained through the service for commercial purpose (other than expressly permitted by the provider of such information, software, or other material)

2. SERVICES PROVIDED BY JMZCONS

JMZCONS will rent internet server space ("Services") to its customers ("Clients") for the purpose of allowing clients to provide HTTP internet content to the general public. The Services allow JMZCONS clients to maintain internet websites, recieve and maintain email accounts, and access webspace via FTP (File Transfer Protocol) to upload files for their websites. JMZCONSs' clients will use the provided Services in an manner consistent with all applicable Provincial and Federal Laws. JMZCONS will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, JMZCONS may immediately terminate Client's account(s) without notice. JMZCONS will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

3. CUSTOMER USE OF SERVICES

JMZCONS offers a minimal of 1000 megabytes of space in our hosting packages. We reserve the right to not host any website that uses more than 1000 megabyes of disk space. Each package can contain up to a maximum of 10,000 file limit. Accounts are to be used by the primary owner only. Account holders are not permitted to resell webhosting services of their website to other parties. Client agrees that web pages and files uploaded to our servers will not violate any provincial, federal or international laws or regulations; infringe on any intellectual property rights of JMZCONS or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to JMZCONS or other third party. Clients may not run IRC bots or Clients. Unacceptable uses of our services include bulk emailing, unsolicited emailing, newsgroup spamming, pornographic or adult content or links to adult XXX websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers and or product code IDs. JMZCONS will the sole and final arbiter as to what constitutes a violation of this policy. JMZCONS offers 30 gigabytes of data transfer per month with a 1.5 gigabyes daily limit. Bandwidth is calculated on a recurring 30 days. Websites that uses over these limits will be charge accordingly. We reserve the right to not host any website that we see fit.

2. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless JMZCONS from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, JMZCONS, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.

3. REFUSAL OR DISCONTINUANCE OF SERVICE

JMZCONS reserves the right to refuse or discontinue service to anyone at JMZCONS sole discretion. JMZCONS may deny you access to all or part of the service without notice if you engage in any conduct or activities that JMZCONS in its sole discretion believes violates any of the terms and conditions in this agreement. JMZCONS shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that JMZCONS has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. JMZCONS reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.

4. NO WARRANTIES

JMZCONS makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by JMZCONS or its agents or employees shall create a warranty. JMZCONS provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall JMZCONS be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with JMZCONS service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

You understand that by placing information on JMZCONSs' servers that such information becomes available to all Internet users and that JMZCONS has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of JMZCONSs' servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through JMZCONS or on the Internet generally.

5. IDENTIFICATION INFORMATION

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply JMZCONS with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

6. NO INTERFERENCE WITH OPERATION OF SYSTEM

You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.

You agree to adhere to system policies as published online by JMZCONS, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at JMZCONS. You agree to abide by any and all future JMZCONS policy decisions.

7. SECURITY

You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify JMZCONS immediately by telephone at (905) 469-6087 and in writing by registered mail return receipt requested to Jim Mendez Consulting Services, 1221 BINGHAM ROAD, OAKVILLE, ONTARIO, L6M 3S9, CANADA. You shall be held fully responsible for any misuse or compromise to your account for which JMZCONS is not properly notified. You agree that if any security violations are believed to have occurred in association with your account, JMZCONS has the right to suspend access to the account pending an investigation and resolution. You also agree that JMZCONS has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities.

8. BACKUP OF DATA

Your use of the service is at your sole risk. JMZCONS is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on JMZCONS servers.

9. TRANSMITTAL OF MATERIALS

You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail or other Internet media. The use of JMZCONS or any other service with reference to services obtained through JMZCONS, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, JMZCONS, or any other party or parties resulting from any such conduct.

10. PAYMENT

You agree to supply appropriate payment for the services received from JMZCONS, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify JMZCONS of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that JMZCONS may apply the amount due to the provided card at any time. You agree that pro-rated refunds for unused time periods will be not provided in the event of account termination.

You agree a late payment fee of $10 Canadian will be assessed if payment is not received by due date.
If a payment remains past due for more than 30 days, an interest fee of 18% will be applied on the balance owing.
You agree to pay any collection and attorney fees.

11. PRIOR AGREEMENTS

This agreement supersedes any written, electronic, or oral communication you may have had with JMZCONS or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

12. SEVERABILITY

If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.

13. JURISDICTION

This agreement shall be governed by the laws of the Province of Ontario in Canada

14. ACKNOWLEDGEMENT

By placing and continuing to maintain or place information on JMZCONSs' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.