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legal > terms of service

 
  Terms Of Service/Acceptable Use Policy

ACKNOWLEDGMENTS
The customer understands and acknowledges: That Internet communications lack absolute security and may be intercepted, copied, read and/or altered by other Internet users without detection. That JASKE.COM cannot guarantee the delivery or nondisclosure of Internet communications. That Internet communications may be subject to logging which may collect information about the sender, recipient, date, time, size and subject matter of the communication. That JASKE.COM is a distributor of Internet communication's, not a publisher, and does not have editorial control over the content of any Internet communication. JASKE.COM makes no warranties of any kind, whether expressed or implied, including any implied warrantee of merchantability or fitness of this service for a particular purpose. This contract supersedes all previous representation, understandings, or agreements of the parties with respect to the subject matter herein, whether written or oral. Neither the course of conduct between parties nor trade practice shall act to modify any provisions of this agreement. By utilizing JASKE.COM's network the client agrees to the terms of this agreement and certifies that they are of at least 18 years of age and/or able to be bound by this contract.

ACCESS AND SERVICE
During the term of this agreement, JASKE.COM agrees to make commercially reasonable efforts to send, receive, and store Internet communications on the customer's behalf. All services pertaining to what is selected by the customer in JASKE.COM's service sheet. These services are subject to downtime for preventative and remedial maintenance, and any Telco, and/or power related facilities. JASKE.COM reserves the right to require the customer to change their login identification code(s) or password(s) at any time.

EXTRAORDINARY SERVICES
JASKE.COM, Inc. reserves the right to charge (and collect) for additional service fulfillment's. Some services are optional and are provided at a nominal charge. Listed below are rates for these services. Add travel time to all hourly rates where appropriate. All hourly rates are 1/2 hour minimum.
  • Changes to existing Domain Name information: $30.00
  • Changing JASKE.COM Computer login name: $10.00
  • Technician-level support (e.g., billing research, web consulting, training, debugging scripts/code/configurations, etc.): $75.00/hr phone support; $125.00/hr on-site support (includes travel time).
  • Engineering-level support (e.g., router configuration, Telco problem resolution, Sr. SysAdmin issues, Script debugging): $125.00/hr
  • Late, deferred, disputed payment fee for credit card or check: $15.00
  • Re-connection fee: Setup charge for service
  • Research/prepare/collect/process defaulted debts: $85.00/hr
  • Excessive and unnecessary billing changes: $15.00
This service may only be used for LAWFUL purposes. Materials and/or transmissions in violation of any local, state or federal regulation(s) is prohibited. The customer is held responsible for knowing what constitutes unlawful and/or lawful actions. The customer is expressly prohibited from engaging in any activity that constitutes, in the sole opinion of JASKE.COM, system abuse. NO ABUSE - The client agrees to utilize the system in all fairness to their needs. The client agrees not to abuse the Internet unlimited access by maintaining logons when the client is not actively engaged in the system. Also, the client agrees to not use any type of application, program, and/or device, which will allow them to maintain a continuous connection to JASKE.COM's network while not actively using the system. The maximum continuous time allowed for a user to be online is capped at 8 hours. Any breach of the said terms above by the client grants JASKE.COM's rights of termination. SPAM - JASKE.COM takes a zero tolerance stand against Spam and Spam related issues. Any use of JASKE.COM's network in the sole opinion of JASKE.COM used for Spam, relaying, hijacking, attacking, or any other form of system abuse will incur upon the client a fee of:
  • Spam and related attacks: $500.00 setup, service, and maintenance fee + $1.00 per e-mail sent recurring fee.
  • Hijacking, DOS, and similar attacks: $500.00 per minute per attack.
  • Pinging, abuse of unlimited access: $5.00 per hour
FEES & RATES
The customer shall pay to JASKE.COM any and all royalties imposed by any law, regulation, and/or court on JASKE.COM, due to the customer usage of our Internet service whether the imposed royalty imposed by any law, regulation, and/or court began at the start of this agreement or after. Said rate schedule may be modified by JASKE.COM upon 30 days notice via electronic mail to customer's account and/or by conventional mail at JASKE.COM's discretion.

BILLING TERMS
All bills are payable in advance to JASKE.COM by the customer no later than 5 days after the start of each billing cycle unless otherwise noted on JASKE.COM's price sheet. The customer's account may be frozen, terminated, themselves become subject to a collection agency, and become responsible for attorney fees incurred in enforcing JASKE.COM's rights under this contract. By the utilization of JASKE.COM's network the client is bound into agreement of this contract. The customer agrees to allow JASKE.COM to withdraw the agreed amount for the agreed term from the agreed customer's account until notified in writing by the customer. Such interruption does not relieve customer of the obligation to pay the monthly charge. All accounts in default are subject to an interest charge of 1.75% per month. All accounts must be paid in full prior to activation. Monthly Accounts will be billed in advance for services starting on that day and billed monthly from the start date of service.

TERMINATION
The customer may terminate this service by phone or mail or fax at any time. The customer is required to present their current credit card information or password to successfully cancel the account. JASKE.COM also reserves this right. The customer is responsible to pay all fees up to the date of termination of the service and any and all collection fees incurred by JASKE.COM thereafter. On any contractual agreement of three months or more should the client decide to terminate before the said term has expired, the customer will be charged the difference between the discounted rate and the regular monthly rate, then refunded the remaining portion.

CHANGE OF TERMS
Reserves the right to change these terms and conditions with at least 30 days notification to the customer by electronic mail to customer's account and/or or by conventional mail at JASKE.COM's discretion. Use of the network by the customer after the effective date constitutes acceptance of the new terms and conditions.

INDEMNITY
The customer will indemnify and hold JASKE.COM harmless against any claim, loss, cost, liability, demand and/or expense, including legal fees. Will also at their own expense defend or settle any claim or proceeding brought against JASKE.COM by any third party in relation to any Internet communication sent or received by the customer. Also, to any infringement or inducement of infringement of any proprietary, publicity, privacy, personality or other rights of any third party by the customer or JASKE.COM.

SEVERABILITY
If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this agreement will remain in full force and effect.
 
 

 
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