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  1. Introduction.

These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms And Conditions.

This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you a minor.

  1. Intellectual Property Rights.

Other than content you own, which you may have opted to include on this Website, under these Terms, SJMENTERPRISES LLC and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website,

PandaTip: If the website is only for viewing, then you might be able to stop where we left off above. That said, you will likely need to provide more in the way of descriptive language around what users may use the website to do/for.

  1. Restrictions.

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;

  2. selling, sublicensing and/or otherwise commercializing any Website material;

  3. publicly performing and/or showing any Website material;

  4. using this Website in any way that is, or may be, damaging to this Website;

  5. using this Website in any way that impacts user access to this Website;

  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

  8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and SJMENTERPRISES LLC may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

  1. Your Content.

In these Website Standard Terms And Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grantSJMENTERPRISES LLC a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. SJMENTERPRISES LLC reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

  1. No warranties.

This Website is provided “as is,” with all faults, and SJMENTERPRISES LLC makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

  1. Limitation of liability.

In no event shall SJMENTERPRISES LLC, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and SJMENTERPRISES LLC , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

  1. Indemnification.

You hereby indemnify to the fullest extent SJMENTERPRISES LLC from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

  1. Severability.

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  1. Variation of Terms.

SJMENTERPRISES LLC is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

  1. Assignment.

SJMENTERPRISES LLC shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

  1. Entire Agreement.

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between SJMENTERPRISES LLC and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

  1. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of the State of Virginia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Virginia for the resolution of any disputes.

B. Acceptable Use

You are responsible for and maintain ownership of all content contained in your website, site files, database, account, or digital possession. SJMENTERPRISES LLC reserves the right to take immediate action if your content violates the law or terms of service, including removal of content, termination of service, or involvement of authorities. In the event you violate the terms of service, SJMENTERPRISES LLC is not liable for any lost content, and is not required to provide refunds or restoration of content.

  1. Sensitive InformationYou hold sole responsibility for any personal data, including medical data, classified information, or otherwise sensitive material. You are expected to abide by any laws regarding distribution, transfer, or display of digital material and personal information, including HIPAA and NDAs. Using Web Hosting Pad’s services to display or communicate identifying information about an individual, against the individual’s will and with malicious intent against the individual, (also known as “doxxing”), is prohibited.
  2. Illegal UseSJMENTERPRISES LLC servers may be used for lawful purposes only.SJMENTERPRISES LLC reserves the right to terminate your account, break this agreement, and permanently delete or otherwise remove your content or site files, immediately and without penalty, in the event that you, your content, or any element of your site is found to be against the law.This includes, but is not limited to:
        1. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation.
        2. Displaying or using copyrighted material, trademarks, trade secrets or other intellectual property rights used without proper authorization.
        3. Material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
        4. To store, post, display, transmit, advertise, or otherwise make available child pornography. WebHostingPad is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
          1. Adult pornography is allowed, in the event that it does not otherwise break any law or the terms of service.
        5. Material that knowingly and purposefully contains viruses, malware, trojans, or other malicious code.

      Additionally, in purchasing WebHostingPad’s services, you certify that you and/or the organization you represent are not, nor have been designated:

    1. A suspected terrorist as defined in Executive Order 13224.
    2. Owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224.
    3. A member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
  3. Copyright InfringementThe Digital Millennium Copyright Act (DMCA) outlines the law regarding the use of copyrighted materials on the internet. You are subject to the requirements of the DMCA. For your perusal, here is the full text of the DMCA.Individuals or entities submitting notifications of copyright infringement by a SJMENTERPRISES LLC customer (as per the DMCA) must follow the below procedures. If you are the subject of a DMCA notification that meets the below criteria, you may be subject to account termination at SJMENTERPRISES LLC sole discretion.DMCA copyright infringement notifications must include the following information:
    1. Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).
    2. Identification of the material claimed to infringe the copyright(s), and enough information for WebHostingPad to locate it, including URLs and specific descriptions of the infringing material at each URL.
    3. The Claimant’s name, address, and telephone number(s).
    4. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or their agent.
    5. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

    Send the notification via E-mail to:

    Our Contact Form

    The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the U.S. Copyright Office website at the link listed above. SJMENTERPRISES LLC is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that SJMENTERPRISES LLC will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies. In the event that SJMENTERPRISES LLC must remove, or disable access to, material on your website that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that SJMENTERPRISES LLC may do so by disabling access to your entire website.

  4. SJMENTERPRISES LLC hosting and eCommerce accounts are not configured for the purposes of distributing software and/or multimedia products. This includes, but is not limited to, file sharing, torrents, warez, and pirated material.In using SJMENTERPRISES LLC services and agreeing to these terms, you certify that you have obtained all necessary licenses, consents, waivers, permissions, and releases for the use of your content, including all logos, names, likenesses, or other material listed in § 3.2 of these terms.
  5. Hosting Space and Bandwidth
    1. SJMENTERPRISES LLC offers unlimited bandwidth with its shared hosting packages, with the understanding that “unlimited” is incremental. The initial quota for bandwidth is 100 GB (gigabytes) per month, which the majority of users will never exceed. If you have used 90% or more of this quota, you may contact SJMENTERPRISES LLC to request an increase, which SJMENTERPRISES LLC will grant you, free of charge, if you meet the following requirements:
      1. Your account is active and in good standing, without outstanding unpaid charges, and;
      2. Your site, both in bandwidth usage and general usage, does not violate or otherwise disregard these terms of service.

      SJMENTERPRISES LLC reserves the right to deny bandwidth increase, suspend your account, or take further action, if your site or account does not comply with the terms of service, including if your bandwidth usage is caused by illegal or malicious means, unintentional or not, or your site is compromised in such a way as to alter bandwidth usage significantly, to the harm of other uses. In the event that your bandwidth usage is caused by malicious or unnatural means, and 1) the malicious or unnatural means are resolved and no longer acting on the account or site, and 2) you still use 90% or more of your bandwidth quota, you may then request a bandwidth increase, which SJMENTERPRISES LLC will, at its sole discretion, decide to grant or deny. SJMENTERPRISES LLC is not liable for any denial of bandwidth increase, or loss or damages resulting from that denial, that occur.

    2. SJMENTERPRISES LLC offers unlimited web hosting space with its shared hosting packages, with the understanding that “unlimited” is incremental. The initial quota for web hosting space is 10 GB (gigabytes), which the majority of users will never exceed. If you have used 90% or more of this quota, you may contact SJMENTERPRISES LLC to request an increase, which SJMENTERPRISES LLC will grant you, free of charge, if and only if you meet the following requirements:
      1. Your account is active and in good standing, without outstanding unpaid charges, and;
      2. Your site complies with the terms of service laid out in this contract, and;
      3. No more than 10% of your web hosting space quota is used for backup or storage, including storage for multimedia content such as, but not limited to, movies, music, photos, emails, or other media, as laid out in § 16.2.4 below.
      4. Your hosting space is intended for storing necessary site files, such as .html, .css, .php, .js, .tpl, and other files required for displaying your site online. It is not intended for massive quantities of multimedia files, included, but not limited to, photo files (.jpg, .png, .gif. .svg, .eps, .psd, etc.), video files (.avi, .mkv, .mov, .wmv, .mp4, etc.), music files (.mp3, .wav, .wma, .m4a, .flac, etc.), document files (.pdf, .docx, .pptx, .zip, .rar, etc.), or emails. You may allocate the first 10 GB of your hosting space however you like, with the understanding that to receive an increase, you must fall within these terms.

      SJMENTERPRISES LLC reserves the right to suspend, without prior notification and at its sole discretion, your account if your site is found to be in violation of these terms or service, including use of your hosting space to store media or emails. You are solely responsible for removal of any and all excess media, email, or files to meet the criteria of these terms, and/or to avoid suspension. If you wish to set up POP3 or IMAP to store your emails elsewhere, We SJMENTERPRISES LLC Support will help you, with the understanding that we are under no obligation to do so.

    3. Every SJMENTERPRISES LLC account is limited to no more than 150,000 total files. These files include, but are not limited to, website files, multimedia files, email files, backup files, and anything else that may be stored on your hosting account. In the event that the 150,000 file limit is reached, you have the option to:
      1. Reduce the number of total files on the hosting account manually, or;
      2. Purchase an additional block of 150,000 files at the cost of $10 per month. If you are contacted regarding the volume of files on your account and a response is not received, you will be billed automatically for the excess files.
  6. Uptime Guarantee
    1. SJMENTERPRISES LLC guarantees that our servers will be up and running at least 99% of the time during any given 12-month period. This guarantee does not cover any areas where SJMENTERPRISES LLC has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Domain Registrar issues, Distributed Denial of Service (DDoS) attacks, or connection issues between your location and the SJMENTERPRISES LLC data center, including, but not limited to, internet service provider blockages, browser caching issues, and IP blocks. This uptime guarantee is also not applicable for service interruptions caused by natural disasters, wars, political or social upheaval, terrorism, the zombie apocalypse, or other external issues SJMENTERPRISES LLC has no control over.
    2. Uptime is monitored within WebHostingPad’s servers and any third party monitoring software will not be honored.
    3. In the event SJMENTERPRISES LLC does not meet the 99% uptime guarantee, hosting credit will be issued to your account in an amount equaling one month of hosting for every 8 hours of downtime exceeding the 99% guarantee.
  7. Removal of Account & Refusal of ServiceIf your account is suspended for any of the above reasons three or more times, or has been in a suspended status for 60 days, it will be cancelled and removed from our servers. SJMENTERPRISES LLC reserves the right to refuse, cancel, or suspend service for any reason or no reason, with or without prior notification, at its sole discretion, if SJMENTERPRISES LLC deems it necessary.

8. Refunds, Cancellations & Credit

We are not able to provide any refunds on any of our services because almost all of our services are digital. We only provide refunds, exchanges or credit to any product that is not digital. Ads services, local listings, reviews or any other digital services there will not be any refunds. Please be sure that you really need that service and know that you are paying for the best service there is. The service that you receive from us will be the best and worth your time and money. Web Hosting services there is a 30 day money back guaranteed, except any website design or development or any sub domain website hosting services.

9. Ads and Local Listings

Please stay away for any inappropriate or illegal listings. Your account and IP will get blocked and cancelled if we find out you are running any illegal activities. Our website has many securities that let us know that you are anyone out there are posting inappropriate ads. You must be 18 years of age and up for any listings with us. If you are a minor please exit this website now. There are no refunds on any ad listings or local business listing profiles.

 

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