General Terms of Service
WHEREAS, Jambog LLC known after as Jambog is an information provider connected to the Internet Jambog offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize Jambog’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Jambog can make no guarantee that any given reader shall be able to access Jambog’s server at any given time.
Jambog represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Customer agrees to a one (1) year contract minimum beginning upon the commencement of service. Exact contract duration is decided upon at sign up.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing. After the first 30 days, a canceled account will be canceled before the next payment is due, and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be canceled.
Violations of Jambog’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Jambog’s discretion, result in immediate and permanent disablement without refund.
Disputed charges (“chargebacks”) associated with any Jambog account may, at Jambog’s discretion, result in immediate and permanent disablement.
Jambog shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Jambog’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Customer will provide Jambog with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Jambog. Jambog shall make no effort to validate this information for content, correctness or usability. Use of Jambog’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
The following examples are offered: Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, etc. CGI-Scripts requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Jambog to provide this knowledge or Customer Support outside of the defined service of Jambog.
Jambog will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions outlined in our Terms of Service and Acceptable Use Policy.
Jambog reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
Jambog reserves the right to disconnect any website or server deemed to present a security threat to Jambog’s customers, servers, or network.
The opening of multiple accounts or service plans to bypass any restrictions or overage charges set forth by Jambog is grounds for termination of all services.
Jambog makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.
Jambog also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
Use of any information obtained by way of Jambog is at the Customer’s own risk, and Jambog specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and does not represent guarantees of an available end to end bandwidth. Jambog expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Jambog specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Jambog may, at its option and at any time, reject this material, including but not limited to after it has been put on Jambog’s server.
Jambog agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Jambog. If the Customer fails to modify the material, as directed by Jambog, within a reasonable period, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
TRADEMARKS & COPYRIGHTS
Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
HARDWARE, EQUIPMENT, & SOFTWARE
The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Jambog.
Jambog makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Jambog service.
The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.
This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Jambog will accept termination by electronic mail. Notwithstanding the above, Jambog may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Jambog reserves the right to charge a reinstatement fee.
Customer expressly agrees that use of Jambog’s Server is at Customer’s sole risk. Neither Jambog, its employees, affiliates, agents, third-party information providers, merchants licensers or the like, warrant that Jambog’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Jambog Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Jambog, its offices, agents or any one else involved in creating, producing or distributing Jambog’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Jambog Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Jambog’s records, programs or services.
Customer hereby acknowledges that this paragraph shall apply to all content on Jambog’s Server service. Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
Customer agrees that it shall defend, indemnify, save and hold Jambog harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Jambog, its agents, its customers, servants 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 Jambog against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Jambog’s Server; any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement; any defective product which Customer sold on Jambog Server.
Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
Specifically, Customer covenants that it shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Jambog under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
Customer agrees to indemnify, to the fullest extent permitted by law, Jambog from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancelation of this Agreement. Disputed charges (“chargebacks”) associated with any Jambog account may, at Jambog’s discretion, result in immediate and permanent disablement.
Customer agrees to abide by the terms set forth in this document as well as other Jambog policy documents including, but not limited to:
- Anti-Spam Policy
- Customer also agrees to abide by all applicable Terms set forth by all Jambog partners and subsidiaries.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on the renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of Jambog.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.
Please feel free to contact us with any questions regarding our terms.