1.    Content

All services provided by JK Web Development Services (PERTHwebs.com) may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, “adult only” content material, 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:

  • Pirated software or copyrighted MP3 files
  • Hacking Tools
  • Warez sites
  • Adult content (in any form)
  • Spamming Software
  • Web-based shells

JK Web Development Services (PERTHwebs.com) will be the sole arbiter as to what constitutes a violation of this provision.

2.    Disk space

JK Web Development Services (PERTHwebs.com) will monitor the customer’s disk usage and if it exceeds the usage agreed upon, JK Web Development Services (PERTHwebs.com) shall have the right to take corrective actions. Such corrective actions may include assessment of additional charges or suspension of service.

3.    Refund policy

JK Web Development Services (PERTHwebs.com) offers an unconditional 30-day money-back guarantee on hosting services. If the customer wishes to cancel a hosting account within the initial 30-day period for any reason, he/she has to notify JK Web Development Services (PERTHwebs.com) via e-mail (contact@perthwebs.com) the payment will be promptly refunded. Since all .com, .net, .org, .us, .biz and .info domains registered through our services cannot be refunded, they will be subject to a $25.00 annual domain registration fee. Therefore, if the customer purchased a hosting account with a domain registration, the domain registration fee will be deducted from the refund amount. As the customer is the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.

JK Web Development Services (PERTHwebs.com) does not offer any partial or prorated refunds after the initial 30-day money-back guarantee period.

If a customer disputes a setup / renewal charge for any account, JK Web Development Services (PERTHwebs.com) will not re-activate the service, unless the customer covers all fees involved, including the chargeback fee and any other transaction fees.

Accounts terminated due to policy violations will not be refunded.

4.    Account renewal policy

JK Web Development Services (PERTHwebs.com) does not renew accounts automatically. For the customer’s convenience, JK Web Development Services (PERTHwebs.com) 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 JK Web Development Services (PERTHwebs.com).

Customers are not allowed to open a second hosting account for a domain that is already hosted through JK Web Development Services (PERTHwebs.com). If the customer wants to continue hosting the specified domain with JK Web Development Services (PERTHwebs.com), he/she needs to renew the account using one of the renewal options given by JK Web Development Services (PERTHwebs.com).

5.    Domain registration policy

JK Web Development Services (PERTHwebs.com) registers customer domains at the ICANN-accredited registrar Enom Inc. Therefore, all domains registered through JK Web Development Services (PERTHwebs.com) are a subject of the Domain Registration Agreement of Enom Inc.

If you register domain(s) with JK Web Development Services (PERTHwebs.com), or transfer an existing domain registration, you must be acquainted with the Registration Agreement of Enom Inc.: http://www.enom.com/terms/agreement.asp

By registering/transferring a domain at JK Web Development Services (PERTHwebs.com), you confirm that you have read and you agree with the Registration Agreement of Enom Inc.

6.    ICANN policy on domain WHOIS data verification

As of January 1, 2014, the ICANN regulations regarding WHOIS data require domain registrars to verify explicitly that the registrant data of each domain is correct. To comply with this regulation, Enom Inc. have adopted the policy to verify the registrant contact data by sending an email to the registrant email address. Such verification will be performed upon 1) new domain registration, and 2) change of the registrant name or email address of an existing domain registration. When the verification message is sent to the registrant email address, registrants must follow the link in the message to confirm that the registrant data is correct.

Failure to perform the verification within 15 days after the new registration or the change of the registrant data is grounds for temporary suspension of the domain service. In this case, the domain will start to display a webpage advising that the registrant data is not verified, and will display instructions on how this verification can be completed. Upon successful verification of the registrant data, the normal operation of the domain service will be restored within 24 to 48 hours.

Once a set of registrant data (first name, last name, and email address) is verified, it can be used for new registrations or new registrant data of an existing domain, and new verification will not be required.
If a set of registrant WHOIS data is already verified and used on several domains, any change to the name or email address on any of these domains, without competing the proper verification within 15 days, may result in all these domains displaying the page with instructions on how the registrant data is to be verified.

More information about registrant rights and responsibilities, as well as WHOIS data verification policies, can be found on the ICANN website at: http://www.icann.org/en/resources/registrars/registrant-rights/educational

7.    Dispute resolution policy

In case of ownership dispute, JK Web Development Services (PERTHwebs.com) reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which JK Web Development Services (PERTHwebs.com) will decide who is the rightful owner of the disputed hosting account or domain name:

  • By default, JK Web Development Services (PERTHwebs.com) 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 Cheque, Bank Transfer, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. JK Web Development Services (PERTHwebs.com) 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, JK Web Development Services (PERTHwebs.com) 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 prevents him/her from continuing to manage the hosting account or the domain name purchased, JK Web Development Services (PERTHwebs.com) 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 JK Web Development Services (PERTHwebs.com) will undertake about this issue.
  • JK Web Development Services (PERTHwebs.com) will consider a court decision overruling in case of ownership dispute and will always comply with such a decision.

8.    Lost login information policy

In case the customer has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service.

If the contact e-mail address is outdated or incorrect, the customer should contact contact@perthwebs.com to request an investigation of the issue. In this case, the dispute resolution policy may be applied.

9.    Traffic guidelines

Accounts that reach their monthly traffic limit may be a subject of automatic site suspension. Also, any accumulated traffic over the monthly limit will be charged additionally in accordance with the characteristics of the plan purchased. If a site is suspended under this provision, and the hosting account is in good standing, the site will be enabled on the first date of the next month, when the traffic counter is reset. In case of failure to cover fees incurred by traffic over-usage, JK Web Development Services (PERTHwebs.com) reserves the right to take corrective actions such as full suspension of the hosting account. In case JK Web Development Services (PERTHwebs.com) takes corrective actions under this provision, the customer shall not be entitled to a refund of any fees paid in advance.

10.    Chat rooms

Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.

11.    Background running programs

Programs running in the background are not allowed.

12.    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.
  • MySQL disk usage limitations: In cases, in which the integrity of the MySQL service is endangered, the MySQL disk usage of customer accounts may be limited. No limits will be applied to accounts with MySQL disk usage below 3GB.
  • Number of inodes limitation: The total number of files and folders on a single hosting account should not exceed 500,000.
  • MySQL connections limit: Each MySQL user cannot exceed a certain number of connections to the MySQL server.

JK Web Development Services (PERTHwebs.com) reserves the right to alter the above limitations and to place additional limits without prior notice if an account endangers the stability or the performance of the hosting server due to intensive resource usage. The additional limits may include, but are not limited to MySQL, memory and CPU usage limitations, and stopping access to directories.

Each hosting account on JK Web Development Services (PERTHwebs.com) servers is meant to be used for one domain, as well as a number of parked domains, according to the hosting plan. Parked domains are full aliases of the main domain – they display the same site content and share the same mailboxes. Pointing parked domains to subfolders or subdomains on the account through .htaccess files or other means is not allowed.

13.    Proxy software and redirection services

We do not allow running of proxy software on our servers. Sites offering shortening URL services are not allowed as well.

14.    Distribution and/or transmission of obscene or indecent speech or materials

Violation of indecency and obscenity laws can result in criminal penalties.

15.    Intellectual property rights

Materials, accessible to the customer through JK Web Development Services (PERTHwebs.com) services, may be subject to protection under the United States or other 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 JK Web Development Services (PERTHwebs.com) 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 JK Web Development Services (PERTHwebs.com) network. If the customer uses a domain name in connection with JK Web Development Services (PERTHwebs.com) service, he/she may not use that domain name in violation of any third party trademark, service mark, or similar rights.

16.    Network security

Customers may not use JK Web Development Services (PERTHwebs.com) 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. JK Web Development Services (PERTHwebs.com) 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.

17.    Defamation

The customer may not host material that is:

  • threatening or obscene;
  • 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;
  • harmful to minors;
  • likely to cause damage to reputation of third parties.

Note: Defamatory speech distributed over the Internet can result in civil liability for the defamer.

18.    Spam or unsolicited e-mail

The customer may not use JK Web Development Services (PERTHwebs.com) network, JK Web Development Services (PERTHwebs.com) equipment, or JK Web Development Services (PERTHwebs.com) 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 JK Web Development Services (PERTHwebs.com) network, JK Web Development Services (PERTHwebs.com) equipment, or JK Web Development Services (PERTHwebs.com) 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, JK Web Development Services (PERTHwebs.com) reserves the right to disable the customer’s account without prior notice. For the purpose of acquiring such evidence, JK Web Development Services (PERTHwebs.com) will use various techniques, including but not limited to: closely inspecting all spam reports sent to JK Web Development Services (PERTHwebs.com) anti-abuse department (contact@perthwebs.com), searching the logs of JK Web Development Services (PERTHwebs.com) mail servers, and scanning the server space for popular “spamming” applications. JK Web Development Services (PERTHwebs.com) will be the sole arbiter as to what would be considered sufficient evidence.

19.    Abuse

Any attempt to undermine, slander, libel, threaten or cause harm to JK Web Development Services (PERTHwebs.com) 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.

20.    Indemnification

Customer agrees to indemnify, defend and hold harmless, JK Web Development Services (PERTHwebs.com), its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

21.    Disclaimer

JK Web Development Services (PERTHwebs.com), at its sole discretion, may change these terms and conditions at any time. By using JK Web Development Services (PERTHwebs.com) services, the user agrees that JK Web Development Services (PERTHwebs.com) 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 JK Web Development Services (PERTHwebs.com) web site, or on notification to the customer by e-mail.

The customer agrees to periodically review JK Web Development Services (PERTHwebs.com) web site, including these terms, to get informed of any such revisions. If the customer does not agree with any revision, he/she may terminate the services at any time by notifying JK Web Development Services (PERTHwebs.com) by e-mail or via our web site (http://www.perthwebs.com).

Notice of the customer’s termination will be effective on receipt and processing by JK Web Development Services (PERTHwebs.com).

The customer agrees that, by continuing to use JK Web Development Services (PERTHwebs.com) services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

The content available through this site is the sole property of JK Web Development Services (PERTHwebs.com) and is protected by patent, copyright, trademark, and other intellectual property laws. Except as otherwise explicitly agreed in writing, JK Web Development Services (PERTHwebs.com)-owned content received through this site may be downloaded, displayed, reformatted, and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without JK Web Development Services (PERTHwebs.com) express prior written consent.

22.    Refusal of service

JK Web Development Services (PERTHwebs.com) 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, JK Web Development Services (PERTHwebs.com) 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.

JK Web Development Services (PERTHwebs.com) reserves the right to impose restrictions or fully suspend any of the services provided to customers, in case the operation of these services threatens the overall security and stability of the hosting system, and/or the proper operation of other customers’ accounts/services.

JK Web Development Services (PERTHwebs.com) reserves the right at its sole discretion to refuse or cancel service. Violation of any of JK Web Development Services (PERTHwebs.com) Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.

23.    Limited liability

THE CUSTOMER AGREES THAT JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) 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 JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) SERVICES OR INTERRUPTION OF THE CUSTOMER’S BUSINESS,
(4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE CUSTOMER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM);
(5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) 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; OR
(8) APPLICATION OF THE DISPUTE POLICIES. JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS AGREEMENT IS MADE UNDER AND SHALL BE GOVERNED BY THE LAWS OF AUSTRALIA, EXCEPT WITH REGARD TO ITS CONFLICT OF LAW RULES. THIS AGREEMENT AND JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) POLICIES ARE SUBJECT TO CHANGE BY JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) WITHOUT NOTICE. CONTINUED USAGE OF THE SERVICES AFTER A CHANGE TO THIS AGREEMENT JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) OR AFTER A NEW POLICY IS IMPLEMENTED AND POSTED ON THE JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE OR POLICY. WE ENCOURAGE YOU TO REGULARLY CHECK THE JK WEB DEVELOPMENT SERVICES (PERTHWEBS.COM) SITE FOR ANY CHANGES OR ADDITIONS.