Terms of Service

Plain-language summary; the legal text governs if the two ever differ.

What is this?

These terms cover our website, jdswebservice.com, and how you use it. They do not cover the services you might buy from us; your signed service agreement covers that. This page is the short, everyday version of our formal terms. The formal legal version is the one that counts if the two ever say different things.

The short version

Use the site and you accept these terms automatically. If you disagree, stop using the site right away and email us to ask for deletion of your data. Be fair and lawful on the site, because we can cut off access for any reason at all or for none. The site is provided as is, with no promises about results, and what we could ever owe anyone is capped.

Who we are; what these terms cover

• "JD's Web Service" is a sole proprietorship that runs jdswebservice.com. We say "we," "us," and "our."
• These terms cover the website and its use: the public pages, the client portal area, and every form on the site (contact, sign-up, checkout entry).
• They cover nothing about the services for sale, prices, payments, billing, or cancellations. A client's signed service agreement covers all of that.

Words we use

• "Site" means the public pages, the client portal area, and all the forms on jdswebservice.com.
• "Portal Account" means your account in the client portal area.
• "Client" means someone who signed a service agreement with us, called a "Signed Service Agreement."

How you agree to these terms

• Using the site in any way (browsing, submitting a form, logging into the portal) means you agree to these terms automatically.
• Do not agree? Stop using the site immediately and email [email protected] to request deletion of your data under the GDPR, California law, or any other law that applies.
• Clients: your signed service agreement rules the client side. Using the portal account is still using the site, so these terms still apply to that use.

Who can use the site

• The site is for people 18 and older.
• Using the site for a business? You are saying you have the right to bind that business.

Client accounts

• Keep your account information truthful and up to date.
• Keep your username and password safe. Activity under your account is on you.
• Portal access can end when the contract relationship ends, as the signed service agreement says.

Rules for using the site (and cutting off access)

Do not use the site to:

• Break the law.
• Post or send unlawful, infringing, harassing, false, or harmful content.
• Step on other people's intellectual property rights.
• Attack, disrupt, or break into the site, other users, or our systems.
• Copy, scrape, or bulk-download the site's content.
• Pretend to be someone or something you are not.

And to be plain about our side: we may suspend or block your access to the site, including any portal account, at any time, for any reason at all whatsoever, or for no reason, with notice where practical. Usual causes are abuse, illegal use, security threats, or breaking these terms, but we are not limited to that list. This power is about site access only; the services side lives in the client contract.

Things on the site (ownership)

• The site and all of its content (text, images, logos, design, code) belong to us or are used by us with permission.
• "JD's Web Service," our name, logos, and materials are protected by law through our actual use in business. We do not claim any trademark registration.
• The site's content is provided as is. Do not copy, reuse, or scrape it without our permission.
• What you submit through the site (forms, portal uploads) stays yours. You are responsible for having the rights to it, and you let us store and use it just enough to run the site and, for clients, provide the services.

Portfolio and demo work

• Portfolio items are real client work, shown with the owners' permission.
• Demo and mockup sites are clearly marked as demos. They are examples only, not promises of results and not client work.

Companies that help us run the site

• The site runs with help from others: hosting, payment processing (like Stripe when payments happen through the site), domain registration, and email delivery.
• Those companies have their own terms, and we can swap any of them at any time.

No promises

• The site comes as is and as available, with no warranties of any kind, to the maximum extent the law allows.
• Nothing on the site promises you more traffic, better rankings, more customers, or more revenue.

If something goes wrong

• The most we could owe you, no matter what, is the GREATER of what you paid us under any agreement in the last 12 months or $100.
• We are not liable for indirect or knock-on losses, like lost profits or lost data.

Worked example: a visitor claims the site cost them $1,000 and never paid us anything. The math: greater of $0 or $100. The most they could recover is $100.

Covering claims caused by you

• If you cause a legal claim against us (by content you post, by breaking these terms, or by stepping on someone else's rights), you cover the costs, including reasonable attorneys' fees. We will tell you about the claim and may help defend it.

Copyright complaints

• Copyright complaints are handled under our DMCA and Copyright Policy (jdswebservice.com/dmca).
• You can report copyright infringement through the form at jdswebservice.com/dmca/report, or the email routes that policy names.

Deleting your data

• You can ask us to delete the personal data we hold about you under the GDPR, the California Consumer Privacy Act (as amended by the CPRA), or any other law that applies.
• Email [email protected] or follow the route in our Privacy Policy.

Changes to these terms

• We may change these terms at any time. The current version always lives on the site, with a "Last updated" date.
• When we make changes, we post them on the site and email anyone whose portal account or email address we have on file.
• Changes take effect immediately when posted. Using the site after that means you accept the updated terms.

If there is a dispute

• First, both sides try mediation in good faith.
• If mediation does not fix it within 60 days, either side can go to the Pennsylvania state courts in Allegheny County.
• Pennsylvania law governs these terms.

Notices

• We can notify you by posting on the site or by email to the address on file. Email counts as valid legal notice.
• Legal notices to us go to [email protected].

Transfers of these terms

• You cannot hand these terms (or your rights under them) to someone else without our written consent.
• We can transfer them, with notice to you, as part of a sale or reorganization of the business.

Events outside our control

• We are not liable for delays or outages caused by things beyond our reasonable control: disasters, power or internet failures, labor disputes, attacks, war, terrorism, or government action.

Other documents that apply

• Our Privacy Policy covers personal data.
• Our Cookies Policy covers cookies.
• Our DMCA and Copyright Policy (jdswebservice.com/dmca) covers copyright complaints.
• Clients: your Signed Service Agreement covers the services.

The whole agreement

• These terms, plus the Privacy Policy, Cookies Policy, and DMCA and Copyright Policy, are the whole agreement about using the site, replacing anything earlier about the site.
• They do not replace your signed service agreement. For clients, that contract governs the services and wins over these terms and any public policy page wherever the contract says something different about the services, prices, payments, billing, or cancellations.

If one part does not hold up

• If a court strikes one part, the rest of these terms stays in force.

Contact

• Questions about these terms? Email [email protected].