Contract
Before you can signup for a jaguNET account, you must read the following
jaguNET Contract. Use of a jaguNET account
implies that you've read and agreed to all the conditions.
The Legal Stuff: jaguNET's Rules and Regulations
Our rules and regulations are designed to make our relationship as easy and
as worthwhile as possible.
- Your account and your files are yours; we respect your privacy and
will not examine or inspect your files, mail messages or postings.
- jaguNET has the right to reserve certain usernames for internal
use. We also reserve the right to refuse various usernames if
deemed inappropriate.
- Payment for jaguNET services is due in advance. Any charges for
extra-access times over and above the free-time for your account,
will be added to your bill for the next month's service.
- All connectivity accounts (except for Dedicated or Leased Line connections),
if provided to an individual user and not an organization
or business, are for personal use only. You may not share these
accounts with any other people; this includes giving other people
your password. Only one telephone connection may be used at any
time for each dialup account. Maintaining a telephone connection
while doing no data transfers ("hogging a line") or using a dialup
account as a substitute for a dedicated account (ie: using the link
to provide access, throughput or services) is strictly forbidden and
is grounds for immediate termination of service. Sessions must
be interactive in nature or else will be terminated.
- Serving WebPages and use of FTP storage space is a complimentary
service with your SLIP/PPP account and may only be used for your own
personal or business use. Valid business use includes advertising your
products or services on your page. Serving or publishing web pages under
your account for other individuals, organizations or businesses
is not an inherent valid use. Resale of WebPages or FTP storage space is
strictly forbidden unless fully authorized by jaguNET. Resale
of WebPages and FTP storage is allowed with our
"Web Publisher" packages. Resale of script processing, cgi-bin
access or compute power is not allowed in any of our accounts.
- jaguNET and its users are expected to use good judgment.
- The subscriber agrees to follow general "Netiquette" when sending
Email messages or posting UseNet messages. In particular, SPAMming
is strictly forbidden and is grounds for immediate termination of
a jaguNET account.
- The subscriber agrees not to attempt to, in any way, harm, overload
or damage the system, jaguNET or its subscribers.
- The subscriber has the responsibility of keeping jaguNET informed
of a current, valid mailing address. Credit card subscribers also
have the requirement of keeping jaguNET informed of the status and
validity of the credit card account that their billings are made
to.
- jaguNET reserves the right to change the prices, terms and
conditions of service at any time. Upon such change, we will let you
know one month in advance by sending an Email message to your
account, as well as making the notice available on-line.
Basically, jaguNET expects subscribers to respect others, be
responsible and have fun.
The Legal Stuff: jaguNET's Connect Contract
jaguNET's Connect Contract is easy and straight forward. We require
that you do nothing illegal with your jaguNET account, that you
follow the rules of the Internet itself and behave responsibly, both with
regards to your actions and for the charges you incur while using
jaguNET.
The undersigned subscriber agrees to the following Terms and
Conditions of this Contract with jaguNET Access Services, LLC.
The phrase "jaguNET" refers to jaguNET Access Services, LLC its
staff, owners, assigns and operators. The phrase "the subscriber" refers
to the person or entity signatory to this Contract.
- The subscriber's connection and account with jaguNET may only
be used for lawful and legal purposes. Transmission, promulgation,
theft, procurement of, communication, alteration, publication or
storage of any information, data or material in violation of any
United States or of any state or local law, statute, regulation or
rule is prohibited.
- The subscriber agrees to indemnify and hold harmless jaguNET and
its other subscribers from any and all claims and costs resulting
from the subscriber's use of the service in any manner.
- The subscriber is responsible for knowing and following all the
rules and regulations pertaining to the means of connecting their
terminal, PC, Mac or LAN to jaguNET Access Services, including
payment of shareware costs or royalties, if any, directly to the
authors.
- Payments for services not made by 30 days past the due date are
considered delinquent and may be subject to reasonable collection
and legal fees. Delinquent accounts will be charged interest at
the rate of 1.5% per month, or the maximum permitted legal rate,
whichever is lower. Monthly service is not prorated. Credit card
customers agree to pay all billed amounts according to the card
issuer agreement.
- In the event that jaguNET is required to engage the services of
an attorney due to a breach in this contract by the subscriber of any of the
terms contained herein, the subscriber agrees to pay any and all of
jaguNET's reasonable attorney fees and court costs. Upon breach of
this contract, all of the subscriber's rights and privileges shall be
immediately terminated and all fees shall be forfeited as liquidated damages
to jaguNET. Both parties expressly waive a jury trial.
- The subscriber's rights and privileges, herein granted, cannot be
transferred, shared, sold or used by anyone other than the
subscriber.
- Accounts and services provided by jaguNET can be cancelled at
anytime by either jaguNET or the subscriber, upon 10 days written
notice sent by the party requesting the cancellation to the
other party. Such notice must be via FAX or postal mail or some
other verifiable method (normal E-mail is not sufficient). It is the responsibility of the subscriber to
keep jaguNET informed of a current, valid mailing address. The
foregoing provisions to the contrary notwithstanding, jaguNET can
immediately terminate the subscriber's access to jaguNET and any
and all services for breach of paragraph 1 of the
Connection Contract and for other noted exceptions.
- All accounts auto-renew at the same terms and conditions
unless specifically cancelled or modified by written request.
- EARLY TERMINATION:
Early termination of term agreements past the initial (non-renewed) 30 day period will be
subject to early termination fees. The fees are calculated as:
- Time period used charged at the full, non-discounted rate plus
- Remaining months on term agreement x 33% x full monthly non-discounted rate plus
- Any early termination fees incurred by jaguNET for 3rd party services or equipment
- jaguNET reserves the right to suspend service at any time, for
any reason without notice. If such a suspension is to last more than 15
days, the subscriber will be notified as to the reason.
- Credit card subscribers have the total responsibility of keeping
jaguNET informed of the status and validity of their billing
credit card account. This includes, but is not limited to,
cancellation of the credit card account or expiration dates of the
account.
- The subscriber certifies that he or she is at least 18 years of
age.
- LIMITED WARRANTY. jaguNET WARRANTS THAT, IF A SUBSCRIBER IS
DISSATISFIED WITH THE SERVICE, jaguNET WILL, UPON WRITTEN
NOTIFICATION RECEIVED FROM THE SUBSCRIBER TO jaguNET, REFUND THE
SERVICE FEES FOR THE CURRENT MONTH OF THE DATE OF RECEIPT OF
WRITTEN NOTICE AND ANY PREPAID FEES FOR FUTURE MONTHS. OTHER THAN
THE FOREGOING, NO WARRANTY IS MADE BY jaguNET REGARDING ANY
INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION
WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF jaguNET OR OTHER
SERVICES PROVIDED BY jaguNET, AND jaguNET HEREBY EXPRESSLY
DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF
INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- LIMITED LIABILITY. ANY LIABILITY OF jaguNET, INCLUDING WITHOUT
LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED
BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR
DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY
LIMITED TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO
jaguNET FOR THE CURRENT MONTH.
- Attached hereto is a list of Rules and Regulations, which is
incorporated herein. Breach of the attached Rules and Regulations
shall constitute breach of this Contract authorizing jaguNET to
immediately terminate the subscriber's account and services,
forfeit all paid subscriber fees and pursue such other legal
remedies as are herein provided. jaguNET reserves the right to
amend the Rules and Regulations and any such amendments shall
become effective upon promulgation. The subscriber shall have the
right, for a period of 15 days after the promulgation of any
amendments, to terminate the Contract (upon written notice by
certified mail) and receive a refund of any subscriber fees
attributable to any period of time subsequent to the effective
date of any such amendments.
- This Contract represents the complete understanding between the
parties as to the subject matter hereof, and supersedes all
prior written or oral negotiations, representations, guaranties,
warranties, promises, orders, statements or agreements between the
parties or any statement or representation made or furnished by
any other person representing or purporting to represent either
party.
- Use of a jaguNET Access Services account constitutes acceptance of
these Terms and Conditions.
jaguNET Access Services, LLC
1901 Munsey Drive
Forest Hill, MD 21050-2747
Voice: (410) 420-0140
Fax: (410) 803-2258
© 1994-2012, jaguNET Access Services, LLC
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