ACCEPTABLE USE POLICY
JARS Costa Rica, ColoPronto, and CloudPronto’s Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what JARS Costa Rica expects of them while using the service. All users of JARS Costa Rica’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service).
Use of JARS Costa Rica Service constitutes acceptance and agreement to JARS Costa Rica’s AUP as well as JARS Costa Rica’s TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To JARS Costa Rica Are Non-Refundable*
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. JARS Costa Rica may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your JARS Costa Rica account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This document is intended to provide a basic understand of JARS Costa Rica’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of JARS Costa Rica’s AUP:
Ensure reliable service to our customers
Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
Maintain our reputation as a responsible service provider
Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
Preserve the value of Internet resources as a conduit for free expression and exchange of information
Preserve the privacy and security of individual users
JARS Costa Rica intends to provide its customers access to everything the Internet has to offer. While the JARS Costa Rica is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the JARS Costa Rica and the Internet and cannot be permitted under the guise of free speech. The resources of the JARS Costa Rica and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
You may not use your dedicated rack or virtual site to publish material, which JARS Costa Rica determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.
If a JARS Costa Rica account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at [email protected]
VIOLATIONS OF JARS COSTA RICA ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
We do not allow commercial e-mail to be sent to more than one-thousand (1,000) users per day at a rate of 250 messages every 30 minutes. If you would like to send more than 1,000 messages per day, please contact a member of our support team for additional information. Also JARS Costa Rica reserves the right to a 90 day (after sign-up) review period to determine if your email usage is acceptable for our network. JARS Costa Rica may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time. In addition, JARS Costa Rica may block the transmission of any email that violates these provisions.
BEGINNING IMMEDIATELY, anyone hosting web sites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
JARS Costa Rica has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Use of the JARS Costa Rica service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of JARS Costa Rica’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending JARS Costa Rica account is subject to immediate termination.
Use of the JARS Costa Rica service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Use of the JARS Costa Rica service for any activity which affects the ability of other people or systems to use JARS Costa Rica Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. JARS Costa Rica will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
You must adopt adequate security measures to prevent or minimize unauthorized use of your account. JARS Costa Rica is not liable for data that is lost or stolen as a result of customer failure to implement adequate security measures.
You may not attempt to circumvent usser authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
Users who violate systems or network security may incur criminal or civil liability. JARS Costa Rica will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You may not use resource-intensive programs which negatively impact other customers or the performances of JARS Costa Rica systems or networks. JARS Costa Rica reserves the right to terminate or limit such activities.
REPORTING VIOLATIONS OF JARS COSTA RICA AUP
JARS Costa Rica requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at [email protected]
If available, please provide the following information:
The IP address used to commit the alleged violation
The date and time of the alleged violation, including the time zone or offset from GMT
Evidence of the alleged violation
E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. JARS Costa Rica may take any one or more of the following actions in response to complaints:
Issue written or verbal warnings
Suspend the Member’s newsgroup posting privileges
Suspend the Member’s account
Terminate the Member’s account
Bill the Member for administrative costs and/or reactivation charges
Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
REVISIONS TO THIS ACCEPTABLE USE POLICY
JARS Costa Rica reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Copyright 2002-2014 JARS Costa Rica
TOS (Terms of Service)
IMPORTANT NOTICE: *All Payments To JARS Costa Rica Are Non-Refundable*
JARS Costa Rica (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of JARS Costa Rica Service constitutes acceptance and agreement to JARS Costa Rica’s AUP as well as JARS Costa Rica’s TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of JARS Costa Rica, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Miami-Dade applicable to contracts enforceable in that state. In the event of any dispute or litigation. The venue will be Miami-Dade County, Florida.
specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition JARS Costa Rica shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. All rates communicated on the website are recurring charges if not otherwise stated. The Company keeps the right to prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subscriber is aware that all services with recurring charges are automatically renewed. Subsequent payments are due on the anniversary date of the month for that month’s service (same holds for quarterly and annual subscriptions). The above applies to all accounts and services provided by JARS Costa Rica.
Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to disconnect within 7 days. Accounts that are not collectable by JARS Costa Rica will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $100. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
All payments to JARS Costa Rica, Inc. are non refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in JARS Costa Rica’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay JARS Costa Rica an “Administrative Fee” of not less than $50 and not more than $100.
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account cancellations must be received 30 days prior to the expiration of the current service term. Requests for canceling accounts must be made by completing the cancellation procedures.
Detailed instructions to request a cancellation:
– Login to your Client Area https://www.JARS Costa Rica.com/accounts/clientarea.php
– Click on My Product & Services
– Choose the service that you wish to cancel and click View Details
– On the bottom of the page click Request Cancellation
– Please provide us with a brief reason for cancelling your service with us and click Request Cancellation
After a cancellation request has been received, the request we will be reviewed and a confirmation or further information will be sent within 48 hours.
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by JARS Costa Rica, Inc. on behalf of the account holder a handling fee will be incurred.
New web hosting accounts which involve the transfer of a domain from another provider to JARS Costa Rica, Inc. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by JARS Costa Rica, Inc. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
JARS Costa Rica, provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: JARS Costa Rica provides support related to your server or virtual site physical functioning. JARS Costa Rica does not offer tech support for application specific issues such as cgi programming, html or any other such issue. JARS Costa Rica does not provide technical support for YOUR customers. If you can email, we encourage you to email [email protected] for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.JARS Costa Rica.com – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
JARS Costa Rica 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 JARS Costa Rica may not use or permit others to use our network to transact in UCE. Customers of JARS Costa Rica may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
If JARS Costa Rica assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to JARS Costa Rica, and Customer shall have no right to use that Internet Protocol address except as permitted by JARS Costa Rica in its sole discretion in connection with the Services, during the term of this Agreement. JARS Costa Rica shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by JARS Costa Rica, and JARS Costa Rica reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
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”). JARS Costa Rica will monitor Customer’s bandwidth and disk usage. JARS Costa Rica 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 JARS Costa Rica’s sole and absolute discretion. If JARS Costa Rica 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, JARS Costa Rica may, at its sole discretion, collect a deposit, in an amount determined by JARS Costa Rica, against customer’s credit card on file with JARS Costa Rica.
Users are prohibited from violating or attempting to violate the security of the JARS Costa Rica Network. Violations of system or network security may result in civil or criminal liability. JARS Costa Rica will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Users that JARS Costa Rica determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
JARS Costa Rica reserves the right to suspend network access to any customer if in the judgment of the JARS Costa Rica network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which JARS Costa Rica chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
You, as JARS Costa Rica’s customer, are solely responsible for the content stored on and served by your JARS Costa Rica server.
A service fee applies to certain JARS Costa Rica products and services. These charges have been implemented on us by service utilities and other control organizations. The service fees are not subject to change.
All payments not applied to license fees will be refunded via the payment method provided if the customer is not satisfied with the services provided and informs JARS Costa Rica of a desire to invoke this option in writing within 7 days of service delivery. Exempted from this guarantee is any dis-satisfaction due to UCE compliance measures. A reasonable expectation of adequate time for the Technical Support staff troubleshoot problems experienced by the customer is also required to be eligible for this policy. This guarantee can be applied to only one order per customer.
When signing up for any of our JARS Costa Rica solutions you automatically join our mailing list and your contact details become part of JARS Costa Rica’s mailing list database. That database enables us to send you information about company news, package availability or special promotions.
Only JARS Costa Rica has rights to the database. We will take all reasonable steps to ensure that your contact details remain confidential at all times. Positively JARS Costa Rica will not provide your details to any third party.
On request, JARS Costa Rica will provide you with a copy of your contact details. You may at any time ask us to update or remove your contact details from our database.
To assure that customer’s data is backed up properly under the managed backup service, JARS Costa Rica takes the right to add additional backup space and bill the customer accordingly. This occurs only after the customer exceeds the ordered backup space and numerous notification have been sent to the customer.