JM Brook Hosting T&C's

Terms And Conditions

These terms and conditions apply to all purchases of services that you make from IWMS website's Which is also a trading name of JM Brook Limited (company number 07622445). We are company registered in England and Wales and our registered office is : JM Brook Limited
18 Westfield Terrace
Wakefield
WF1 3RD
United Kingdom
info@JM Brook.co.uk. Our VAT number is 113919814.


Please print a copy of these terms and conditions for future reference. By ordering services from us, you agree to be bound by these terms and conditions. Also, by using our website, you agree to the Terms of Use, which apply whether or not you order any services from our website. You should also read our Privacy Policy. We reserve the right, from time to time, to change these terms and conditions without giving notice

Definitions
Server Use
IRC Networks
Bandwith Usage
High Resource User Policy
Bandwith and Disk Usage
Web Hosting Packages - Fair Usage Policy
Konnex/WMS – Fair Usage Policy
SPAM and Unsolicited Affiliate

Commercial Email (UCE)
Fraud
Payment Policies
Free Domain Name
Order Acceptance
Domains
Email
Cancelation
Renewals
Indemnification
Refunds
Promotions

Back Up Files
Complaints Procedue
Sitestudio/Sitebuilder
IWMS
Limitation of Liability
Force Majeure
Disclosure of Customer Information and Legal Process
Assignment
Entire Agreement; Severability
General

DEFINITIONS 

Below are some quick definitions to help you read these terms and conditions.

"We" "Us" "Provider" "Company" or "JM Brook.co.uk or .de or .pl", “JM Brook” or “IWMS” or IWMS refers to JM Brook Ltd; and 

"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service’s or is a designate of any one who applies for internet service’s with JM Brook.

“Services” – any services bought from the Website or JM Brook;
“Website's”www.imsjmb.com
“WMS” – IWMS (Integrated Warehouse Management System)
“Copy” – any written material used on Your Website or Website’s or JM Brook Ltd websites


SERVER USE
JM Brook reserves the right to refuse service and/or access to its servers to anyone. JM Brook does not allow any of the following content to be stored on its servers: 

Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of JM Brook.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

It is absolutely forbidden to host pornographic content on the JM Brook Ltd network. Accounts found hosting this material will be subject to immediate cancellation without refund.

IRC NETWORKS
It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server will not be reconnected to the network until such time that you agree to completely remove any and all traces of the irc server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination. 

BANDWIDTH USAGE
JM Brook offers high data transfer. In rare cases, JM Brook may find a customer to be surpassing their limit and using server resources to such an extent that he or she may jeopardise server performance and resources for other customers. In such instances, JM Brook reserves the right to impose the High Resource User Policy for the consideration of all customers.

HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilisation.

JM Brook may implement the following policy to its sole discretion:

When a website is found to be surpassing their data transfer limit per month on a single account and/or monopolising the resources available, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, JM Brook reserves the right to terminate the account giving one week's notice. If the user's site is severely affecting the performance of the server, JM Brook has the right to act immediately in order to resume the normal operation of the network. The High Resource User Policy also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time. 

Clients must not:

Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes
Use Catch All addresses on email accounts. Instead create email forwarders or POP3 email accounts
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.

BANDWIDTH AND DISK USAGE
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). JM Brook Limited will monitor Customer's bandwidth and disk usage. JM Brook Limited shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in JM Brook`s sole and absolute discretion. If JM Brook takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, JM Brook may, at its sole discretion, collect a deposit, in an amount determined by JM Brook, against customer's credit card on file with JM Brook.

WEB HOSTING PACKAGES - FAIR USAGE POLICY
Our Fair Usage policy is up front and how we work out storage space and bandwidth abuse is also fair. Our Fair Usage policy is dependent on the service selected. As a guide we consider reasonable bandwidth usage on web hosting packages as fifty (50) gigabytes (53,687,091,200 bytes) per month, which is about 1.6 million hits per month. 
JM Brook may offer unlimited web space and bandwidth with some account packages. By this, we mean unlimited space for legitimate web site content and bandwidth for visitors to view it (ie all data must be publically viewable and linked to a webpage).
You cannot use the Service as a backup of, or repository for your Material.

Any package that allows you unlimited server space for normal routine non file distribution web usage, we consider reasonable usage of storage space to be fifty (50) gigabytes (53,687,091,200 bytes). For websites that allow downloading of video, audio or other files we reserve the right to impose a bandwidth limit of twenty five (25) gigabytes (26,843,545,600 bytes) per calendar month. If you feel that you may require more than these limit's, we ask that you contact us first.

Abuse of an "unlimited" service (e.g. bandwidth or storage space) to the extent that it detrimentally affects other customers' services may result in the account being suspended or terminated, such abuse to be assessed and decided upon at JM Brook's sole discretion. We ask clients who intend to use high volumes of data to first discuss their requirements with our Sales Team.

All web hosting packages are limited to sending one hundred and fifty emails per hour. If you require to send more than this you my need a different service. Any package that offers "unlimited" domains, a fair limit is considered (50) fifty domain names.

IWMS – FAIR USAGE POLICY

JM Brook may implement the following policy to its sole discretion:

When a IWMS Customer is found to be surpassing their SKU and / or transaction limit per month on a single account, the account holder will be contacted in order to discuss the situation. If no arrangement can be reached or the account holder cannot be contacted within 12 hours, JM Brook reserves the right to terminate the account giving one week's notice. If the user's site is severely affecting the performance of the server, JM Brook has the right to act immediately in order to resume the normal operation of the network. The High Resource User Policy also refers to other parts of the servers/network, including mail and ftp, plus the use of processor time. 

SPAM AND UNSOLICITED COMMERCIAL EMAIL (UCE)
SPAM and Unsolicited Commercial Email (UCE): JM Brook takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of JM Brook may not use or permit others to use our network to transact in UCE. Customers of JM Brook may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy will be treated as a fundamental breach of these terms and conditions and if substantiated by us at our discretion will lead to termination of service.

Upon receipt by us of notification from any source of an alleged violation of our SPAM policy, JM Brook will initiate an immediate investigation (within 48 hours of notification). During the investigation, JM Brook may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, JM Brook may, at its sole discretion, restrict, suspend or terminate customer's account. Further, JM Brook reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. JM Brook will notify law enforcement officials if the violation is believed to be a criminal offence.

If the investigation confirms that our SPAM policy has been violated we will invoice you for an Administrative Fee of £150 to cover the costs of the investigation and your account will be reviewed for possible immediate termination, at our absolute discretion. If we agree to maintain your account and any subsequent investigation following any further notification of an alleged  second violation is confirmed we will invoice you for a further Administrative Fee of £300 and immediately terminate your account. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

FRAUD
Fraudulent activity: Use of JM Brook`s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters." This will constitute a breach of our Terms and Conditions, and will result in your account being suspended or removed.

PAYMENT POLICIES
All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. You grant JM Brook the right to debit the credit card or account you have provided, until such service is cancelled by you completing cancelling your account

or is cancelled by JM Brook according to terms of this Agreement. JM Brook reserves the right to change prices at any time. Payment is due each anniversary month, year or period following the date the account was established (depending on account opened). If for any reason the payment does not arrive in time, the account is subject to suspension/deletion. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies JM Brook in writing for a request for termination of services. All payment is in the currency chosen at the time of order. The customer is also liable for the NIC fees on domains and will be invoiced accordingly (see further conditions relating to domains). You agree to update your credit card details provided to us in a timely manner and to ensure that your credit card has sufficient credit to allow your payment to be processed. If we are unable to successfully charge to your credit or debit card any amount properly payable by you within 28 days of the due date of such amount, we may engage a debt recovery agent to recover such unpaid amounts, including any costs and expenses incurred as a result of taking such action.

The options for payment are :

For the memberships payments are made for the first months only. The additional months are free of charge. For example, with a 12 month membership, you pay the 12 month fee for the first month, and the additional 11 months are free of charge.

For on-demand services payments are made monthly in advance for each month of service You require.

You agree not to hold us responsible for banking charges incurred due to payments failing on your account.

JM Brook shall be entitled to vary the Charges from time to time with effect from the date specified in an Amendment Notice. JM Brook shall issue an Amendment Notice no later than 4 weeks prior to the date that any variation of the Charges shall come into force.

The Customer shall no later than 4 weeks from the date of deemed receipt of the Amendment Notice send a counter notice to the Company accepting or rejecting the terms of the Amendment Notice. In the event that the Customer specifies in the counter notice acceptance of the terms of the Amendment Notice or fails to send a counter notice within the specified period then the terms of the Amendment Notice shall apply as from and including the date specified in the Amendment Notice and this agreement for Services shall be deemed to be varied accordingly. In the event that the counter notice rejects the terms of the Amendment Notice then until such date as this Agreement has been terminated in accordance with this clause the Customer will be charged the Charges as varied from and including the date in the Amendment Notice. Upon receipt of the Amendment Notice the Customer has the right to terminate this Agreement with effect from the date in the Amendment Notice, such notice of termination to be received by the Company no later than 14 days before the date in the Amendment Notice.
 

FREE DOMAIN NAME
When ordering a web hosting package and paying for 1 year or more, we offer a free .uk or .co.uk domain name. This is free for year 1 only.If you wish to keep the domain name past the first year, You then must pay for the renewal of the domain when this becomes due. 

ORDER ACCEPTANCE
JM Brook have not officially accepted your application and order, until we send a full confirmation email detailing your account settings, to the email address provided during signup. Before this time JM Brook reserve the right to cancel, reject or abort any order or application made by the customer, for any reason. In any such case, if funds have already been taken, a full refund will be made.

The Consumer Protection Regulations (Distance Selling) 2000 provide consumers (as opposed to business customers) with a right to cancel orders for goods and services ordered 'at a distance' within seven days of the placing of the order in certain circumstances.

Customers agree that, should their order be accepted by JM Brook, performance of the terms of the contract will begin as soon as possible. As a result of this performance of the contract, in accordance with Regulation 13(1)a the cancellation right provided by the Consumer Protection Regulations (Distance Selling) 2000 will no longer apply after performance has begun. For the avoidance of doubt, performance is considered to have begun when we send out the confirmation email detailing account settings.

Domain name registrations cannot be cancelled by JM Brook and any domains registered will be kept by the customer. Refunds made exclude a domain registration or handling fee of £10 + VAT for UK domains and £20 + VAT for global domains.

DOMAINS
JM Brook does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration or renewal in the register of the Naming Organisation nor will it be liable for any costs of the Customer incurred if the application for Registration is unsuccessful. The Customer should take steps to insure that their domain has been registered or renewed. The Company does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.

New domain names are registered by JM Brook in customers' names, however renewal of these domains remains the responsibility of the customer. Customers should take steps to note the renewal date of their domain name and ensure action is taken to pay for any renewal costs before the domain registration period terminates. JM Brook accepts no responsibility for the renewal of domain names and subsequent loss of business nor related liability resulting in a domain name not being renewed. A successful transaction does not represent confirmation that the concerned domain has been acquired or renewed by the customer. It is the customers responsibility to periodically check, ie at least monthly, to ensure that domain name(s) is/are active, and has not inadvertently expired.

By registering a .uk domain name, you enter into a contract of registration with Nominet UK on the following terms and conditions. This is a separate contract to any arrangement you may have with any third party for the provision of internet services. Please read the following before proceeding with your order - http://www.nominet.org.uk/nominet-terms.html 

JM Brook do not change the name servers (DNS entries) to point to another host or IP address.

There will be a charge of £15 per domain, to release a domain to another Registrar.

EMAIL
All payments made to JM Brook are confirmed by email. Users accept that JM Brook will notify of payment and issue an email if payment has failed. Invoices are dispatched by email. In order to keep users notified of impending service alterations important to the running of their account, JM Brook will occasionally communicate in this manner, and the users accepts this is normal policy.

CANCELLATION
JM Brook reserves the right to cancel service at any time. Customers can cancel service any time, but must complete the cancellation form, before the next billing period is due giving at least seven (7) days notice. All cancellations must be completed in your client area

Phone requests, Live Chat or email requests, will not constitute acceptance of any cancellation. Cancellations will be processed by our Staff once a day, and the account will then be removed from the server. For information on refunds please see the heading "Refunds".

The Customer will be responsible for renewing the Registration of his/her domain name(s) and finding a new host for the respective domain name(s).

If an account is cancelled by us for non payment, then a fee of £15 will apply per domain name to release this to your new Registrar.


RENEWALS
Your account will be automatically renewed on the anniversary date of your account under the same fee structure, unless you give written notice to JM Brook seven (7) days before the renewal date that you do not wish to renew such account. Please see the heading "Cancellation" for information on cancelling your account.

Domain name renewals can be renewed upto forty five (45) days in advance of the due date, unless cancelled via the domain update form in your client area


INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold JM Brook (for clarification, a service by JM Brook) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against JM Brook, its agents, its customers, officers and employees, that may arise or result from any service provided or 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 JM Brook against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with JM Brook's servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from JM Brook's servers, and (5) any statements made within information or pictures held on our servers that may be seen as unsuitable, defamatory, misleading or libelous in any way.

REFUNDS
Refunds will only be issued when the service is cancelled by JM Brook. Phone requests will not constitute acceptance of any cancellation. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of £100 and will be subject to collection by an authorised collection agency.

PROMOTIONS
Any Discount given, applies only on your first invoice, further invoices will revert back to full price. Offer does not apply to domain name, upgrades or downgrades, and can be withdrawn at any time.

BACKUP FILES
JM Brook will make every reasonable effort to protect and backup data for Client on a regular basis, however JM Brook does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. There is a one time fee of £75 for our Administrator to retrieve clients back-up files. Client is solely responsible for independent backup of data stored on Providers server and network.

COMPLAINTS PROCEDURE
We aim to provide all our customers with a high level of service. However, if for any reason you are not satisfied with the service that you have received from us, please contact info@JM Brook.co.uk and we will investigate and respond to your complaint. We will aim to respond to you within 14 days. 

SITESTUDIO/SITEBUILDER
JM Brook reserves the right to terminate the use of SiteStudio/SiteBuilder at any time. Client is responsible for any images or templates used, and the client should care that any images or templates that are used, are not under any copyright before publishing. Taking or editing of images, pictures, or other from SiteBuilder and using this in any other pages is not permitted under any circumstances.

IWMS
JM Brook reserves the right to terminate the use of IWMS at any time. Client is responsible for any images or Copy used, and the client should care that any images or Copy that are used, are not under any copyright before publishing.

LIMITATION OF LIABILITY
You agree that JM Brook will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorised means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to JM Brook at the time) which may exist in the Services or in JM Brook's equipment used to provide the Services.

Under no circumstances will JM Brook be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. JM Brook will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to JM Brook's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, JM Brook's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual sterling amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

FORCE MAJEURE
JM Brook will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS
Although JM Brook maintains strict confidentiality on Customer's information, there are certain exceptions in which JM Brook may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. JM Brook has no obligation to notify Customer about whom the information is sought or that JM Brook has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

ASSIGNMENT
Customer will not have the right to assign this Agreement without the prior written consent of JM Brook.

AFFILIATES

All Commission payouts will be made after the new client has been active for 60 days, if the customer leaves or cancels before this time period, you will not receive a commission for the sale.

For each sale, you will receive a commission based on the monthly revenue from the new customer; this will be variable dependent on each customer’s service provision.

£50.00 - Minimum balance required for payout

1.63% of the equivalent of the first month’s service for new clients referred to JM Brook. Commission is calculated based on the first month of service revenue purchased, then every subsequent month thereafter.
Month 1 will be paid after 60 days from the start of service, then every subsequent month (30 days) thereafter.
Payout waiting period is 60 days to allow for any adjustments to customer revenue accounts
You can draw down payments on a monthly basis, or save them up and draw a lump sum at time to suit you.

As an affiliate of JM Brook, you agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use in recommending our services and products, solicitation of offers of recommendation to purchase, and referrals.

You are responsible for paying all applicable taxes and any notifications to HMRC associated with using our service and our website and any commission fees or payments received

ENTIRE AGREEMENT; SEVERABILITY
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organised, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorised to accept, execute and deliver this Agreement on behalf of Customer.

GENERAL
This Agreement shall be construed and governed in all respects in accordance with the Law of England and Wales and the English Courts shall have exclusive jurisdiction in respect of any disputes arising hereunder.

JM Brook reserves the right to revise its policies at any time.
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