Some basics

I do collect your name and email which is used in relation to your account. See Privacy Policy on how we handle information.

Payments are done though PayPal so I do not collect any credit card info on my site all that is handled by PayPal.

I offer a 15 day money back guarantee that if in the first 15 days of signing up and you find it has absolutely no value and you did not learn anything at all I will refund your money and close your account.

I do not share your information with any other company or business.

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Hosting Terms
Service Terms

ACCEPTABLE USE POLICY FOR WEBHOSTING

This agreement represents the complete agreement and understanding between JohnOverall.com and the account holder (hereinafter called Customer) and supersedes any other written or oral agreement. JohnOverall.com may modify these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change services offered.

If you do not agree to these terms and conditions, please notify our Billing Department so we can initiate a closure of your account. USE OF YOUR ACCOUNT shall constitute your approval. JohnOverall.com provides World Wide Web page hosting. JohnOverall.com reserves the right to suspend or cancel a customer's access to any or all services provided by JohnOverall.com when JohnOverall.com decides that the account has been inappropriately used or otherwise for any of the following reasons. This agreement is subject to change please check her on a regular basis to view the terms you are bound to.

SERVER USE

Customer accounts are to be used by the primary owner only (except for reseller accounts). Customer account holders are not permitted to resell, store or give away web-hosting services of their website to other parties, unless it is a reseller account. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads and reseller accounts.

EMAIL SERVICES

While we do provide basic email services for your domain name, you can have unlimited email accounts we DO NOT provide advanced email services. For example, trouble shooting, account connections and set up on any device. We DO NOT guarantee delivery to and from the server. For these types of services we recomend advanced email providing companies such as, GoDaddy, Rack Space.

It is recommended with today's Internet world, that your email services be separate from your website hosting.  We can help you separate these services from your current hosting if required at our hourly rate of $125/hour.

DOMAIN NAMES

Customer must maintain a valid domain name that resolves though a JohnOverall.com Domain Name Server (DNS) or other system to their account and must notify JohnOverall.com about any changes in domain names. Failure to notify JohnOverall.com about domain name changes shall result in immediate suspension of account.

JohnOverall.com reserves the right to refuse service and /or access of its servers to anyone for any reason.

JohnOverall.com does not allow any of the following content to be stored or served from our servers.

ILLEGAL MATERIAL

This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, or Local regulation.

UNACCEPTABLE ADULT MATERIAL

Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “unacceptable adult material” is left entirely to the discretion of JohnOverall.com. Legal Adult Content sites are allowed on our servers.

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.

No IRC's, BNC's, Eggdrops, Unauthorized SHELL programs, HYIP or PROXY sites, Illegal or blatantly offensive material or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.

 

JohnOverall.com additional terms relating to usage of our servers.

 

SPAM/UNSOLICITED MASS E-MAIL

JohnOverall.com does not tolerate the sending of spam. We will immediately suspend an account for which the owner is believed to be sending out unsolicited mass mailings. If an account is found to be sending spam the owner will be notified. If situation is not rectified within 24 hours the account will be deleted and no refund given as this constitutes a severe violation of these terms. Mailing Lists may be operated as long as individuals choose to subscribe to receive mailings, (known as opt-in mailing lists) if a complaint is received that this is not being carried out JohnOverall.com reserves the right to suspend or terminate your account without notice. JohnOverall.com in its continuous fight against spammers has implemented an hourly quota on the number of emails that can be sent by any one client. Currently this number is set at 2500ph this is subject to change up or down as we determine the best setting to accommodate our systems.

BACKUPS

A full backup of the entire hosting account is available as a standard component of our hosting packages and are made regularly three times per week, weekly and bi-monthly basis by JohnOverall.com. Due to the volatility of computer data we can make no complete guarantees of any kind as to the integrity of these backups. If loss of data occurs due to an error of JohnOverall.com, we will attempt to restore data at no charge to the customer. If loss of data occurs by an action of the customer JohnOverall.com will attempt to restore data at a $125 fee per hour charge to the customer.

CHAT ROOMS

We do not allow customers to install their own chat rooms on our servers as they tend to use large amounts of system resources. We do not allow IRC or IRC Bots to be run on JohnOverall.com servers.

DISPLAY LINKS

JohnOverall.com reserves the right to display links to customer sites to demonstrate who our customers are to prospective clients.

IP ADDRESSES

JohnOverall.com maintains control of all I.P. numbers and addresses that may be assigned to the client and reserves the right to change or remove any and all IP numbers and addresses. Dedicated IP addresses are available at an additional charge.

JohnOverall.com reserves the right to report illegal activities for prosecution.

Violations of system security is prohibited, examples include: messages sent on an intrusive basis to any network, Accessing data not intended for user, Probing the security of a network and Spawning dozens of processes. Port scans, ping floods, packet spoofing, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, winnuke. Promulgation of viruses. The presence of such programs on an account, whether or not run, will result in suspension or termination of your account.

TRAFFIC/BANDWIDTH

A domain which exceeds the traffic allowance included in the account will be charged at a rate of $10 per 1 gig per month, if more than account limit of data transfer is required this can be arranged by e-mailing support@johnoverall.ca.

A domain that has excessive CPU usage will be suspended until it is determined what is causing the problem. If after repairing the problem and reinstatement of account the excessive CPU usage continues to be a problem and if after adequate time to fix the problem the issue has not been resolved then the account will be permanently disabled and no refund given as this constitutes abuse.

The fixing of excessive resource usage is the responsibility of the customer JohnOverall.com will be happy to perform the work at the rate of $125ph

CUSTOMER RESPONSIBILITY

The customer is responsible for all material located on its account, and securing the username/password used to access the account. Customer warrants that any material submitted for publication on JohnOverall.com servers does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. JohnOverall.com reserves the right to remove any and all materials which infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and or notice of copyright infringement.

If JohnOverall.com becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, the Complainant must submit, via the JohOverall.com contact page, a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, the Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant, that the work has been copied and that use of the work is not defensible. With this information in-hand, JohnOverall.com, at its discretion, may, at any time deny access to the challenged material of Customer.

Limitation of Liability

JohnOverall.com is not responsible for any claimed damages, which may result from JohnOverall.com servers going offline, or being unavailable for any reason. Including damages which may result from the corruption or deletion of data.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Although JohnOverall.com reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.

In situations where the payment is declined JohnOverall.com will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, JohnOverall.com reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. Billing is handled though PayPal unless other arrangements are made.

JohnOverall.com requires that its agreements be made with a person who is qualified to contract. As such, customer must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. JohnOverall.com cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.

All payments are in CAD or US Dollars depending on which side of the 49th you live.

PAYMENT OPTIONS

In order to streamline our accounting procedures and keep costs down JohnOverall.com runs a limited number of payment options.

Credit / Debit Cards:

JohnOverall.com accepts payment via Pay Pal payment systems. For our Canadian clients we accept Interact E-Transfer.

Cheque Payment:

This option is only available to premium customers who pay annually for their JohnOverall.com account. Or by special request,  A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. JohnOverall.com cannot guarantee that a service will be provided until after any received cheque's have been cleared.

SECURITY

Purchases online at JohnOverall.com are made with 128 Bit SSL. If you have any further queries regarding security please email us at security@johnoverall.com.

COMPLAINTS

We endeavor to respond to all complaints within five working days – although usually response is much quicker. If you are unhappy with any service provided by JohnOverall.com please contact us immediately either by phone at 818-850-7729 or 250-885-2888 or by clicking here.

CANCELLATION AND REFUNDS

JohnOverall.com reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes JohnOverall.com's  terms of service a refund will not be issued in the event of a cancellation.

CANCELLATION RIGHTS

You have the right to cancel your order within 30 days without giving a reason. In the case of services the 30 days must start from when the contract is concluded. Where the customer exercises their right to cancel, we will return your money within 30 days of cancellation.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold JohnOverall.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against JohnOverall.com, 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 JohnOverall.com against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with JohnOverall.com server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from JohnOverall.com server.

 

JohnOverall.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. JohnOverall.com also disclaims any warranty of merchantability or fitness for a particular purpose. JohnOverall.com will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.

 

JohnOverall.com will be the sole arbiter as to what constitutes a violation of these Terms of Service. JohnOverall.com reserves the right to remove any account without prior notice. The failure by a customer to meet or follow any of the above Terms of Service is grounds for account suspension or deactivation. We reserve the right to refuse/cancel service at our sole discretion.

Modification

JohnOverall.com reserves the right to add, delete, or modify its Terms of Service at any time without notice.

Any party seeking to report violations of JohnOverall.com policy may contact via e-mail: abuse@johnoverall.ca

The following terms are for my end user clients.

SERVICE CONTRACT

If you are hiring JohnOverall.com to do any work on your website including but not limited to:

  • Website Updates
  • Emergency site repairs
  • Custom changes to website.
  • Custom website design

All of the below pertains to work done.

PAYMENT

Credit card payments are accepted through Paypal. You do not have to have a Paypal account to pay by credit card. For our Canadian clients we accept Interact E-Transfer. I do not accept personal cheques, unless we’ve pre-arranged it. I will accept cashier’s check and money order by mail. In the case of payment via mail, payment must be made in full before the project begins.

REFUNDS

Due to the nature of the services, JohnOverall.com will not issue refunds except as stated in major design contracts.

QUESTIONNAIRE AND DRAFTS

All clients must either meet with me or fill out a New Project Questionnaire design spec. The answers and examples provided act as a design compass to determine style, colors and preferences. Please fill this out thoroughly and thoughtfully. Failure to do so will make your project design guesswork. Client website makeovers include up to 3 revisions. Additional drafts will be done at an hourly rate of $125/hr.

EMERGENCY REPAIRS or QUICK UPDATES

If you are contracting me to complete WordPress emergency repairs or updates then you will get moved up in the cue depending on the state of your emergency. The cost for emergency repairs or updates is a flat $125ph with a min charge of 1 hr. to get moved to to the top of the cue. Work will be completed and invoiced accordingly.

COMMUNICATION

Due to the nature of web design business JohnOverall.com often has more than one project on the go and has established a work cue priority for projects. The design process is a rapid-fire of email and online communication. It requires clients to be at the computer consistently during the design process. Progress requires client acceptance at regular intervals. If the client fails to respond in a timely manner, that project will be delayed until a time when regular communication is possible. Consults, training and orientation take place via Skype or GotoMeeting. It is expected that client will respond back to requests or questions within 24 hrs. If client fails to communicate in 36 hours without warning, the project will be recycled back into the queue. If a client repeatedly fails to follow through with communication, client will forfeit his place in the queue.

COPYRIGHT AND CREDIT

Logo copyrights are transferred to the client upon final payment. WordPress theme copyright belongs to theme creator. JohnOverall.com terms of service require that all parts of the website design remain intact. Clients may not alter, change, sell, share, move or copy any part of the design elements in whole or in part. The purchase of website design, a la carte items, or any service offered by JohnOverall.com is meant to be used for single project on a single URL. The client is granted a license to display the work, but the client doesn’t own the design. Clients may not copy the template, code or elements and transfer them to another website or online format of any kind. Use of WordPress themes is dictated by theme owner. In the case of many premium themes, if I hold the developer’s license the theme license, the theme must be surrendered when my work is removed.

No derivative works of copyrighted property will be permitted. If a client removes any part of the design, client must completely start over and choose a new standard WordPress theme. Clients are welcome to provide photos or purchase royalty-free (stock) images provided that they are responsible for complying with license agreement(s) and photography copyrights. Neither John nor JohnOverall.com will be liable for photos or design elements provided by the client. Client is responsible for complying with Canada & U.S. Copyright Law – even if the client lives outside of Canada or the U.S. Failure to comply may result in legal action.

A link announcing the client’s website was designed by JohnOverall.com will be placed in the lower footer. Clients may relocate it but may not remove it. A template credit will be placed in the footer of all themes/templates created by or customized by JohnOverall.com. These terms require that both remain intact for the duration of the use of the design. In some cases, theme owners, photographers or non-royalty free graphics will require acknowledgement. JohnOverall.com complies with all copyright and license agreements; clients are not permitted to knowingly infringe on other artists’ work while licensing a JohnOverall.com design.

CHANGES

Designs are done on a development website, and client approval of the final design is given before the site goes live. Changes made after this point will be charged the regular hourly rate.

BROWSER COMPATIBILITY

Designs are created to be compatible with the most recent release of Firefox, Safari, Chrome and Internet Explorer and mobile friendly. Clients are responsible for running the most current version of the preferred browser before the design process begins. JohnOverall.com makes no guarantee that designs will work properly on outdated or obscure web browsers. Currently designs are guaranteed on Safari 5 and above, IE 9, Firefox 9 and above and Chrome (which updates automatically).

LIABILITY

JohnOverall.com does not guarantee sales or success of websites. Clients are responsible for sales, promotion and income, and neither John nor JohnOverall.com are liable for business or personal website success.

WEBSITE AND MARKETING

Client agrees that design projects may be featured on JohnOverall.com websites, websites or promotional materials.

ACCEPTANCE OF TERMS

By submitting your questionnaire and deposit, you agree to the terms and conditions listed here. You are responsible for adhering to the terms and conditions listed here, even if you didn’t read them.

 

 

Terms for TheFitYou.com service only. A web community of JohnOverall.com

Welcome to our managed website system.

When browsing and using this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern ’The Fit You' relationship with our website users.

The use of this website is subject to the following terms of use:

  • The content of the pages and posts on this website are for your information and use only.
  • It is subject to change without prior notice.
  • This website uses cookies to monitor browsing preferences. If you allow the use of cookies then personal information may be stored by us.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, performance, or suitability of the information and materials found or offered on this website. See our Disclaimer.
  • You acknowledge that third party information and products may contain inaccuracies or errors.
  • We exclude liability for any inaccuracies or errors.
  • Your use of any information or products promoted on this website is entirely at your own risk, and we accept no liability for such risks.
  • It is your responsibility to ensure that any services and products you use through this website are suitable for your individual requirements.
  • This website contains material and information which is owned by or licensed to ‘The Fit You’. This material and information includes, but is not limited to, the design, layout, content, and graphics of the managed website system and its client websites. Reproduction of any part of the website is prohibited unless in accordance with the copyright notice, or by prior consent of the website owner.
  • All materials and content on this website which are not the property of, or licensed to, the website owner are acknowledged on the website.