The initial service term of the Agreement will begin on the date that JAWS Media renders services to Customer announcing the activation of the Customer's account and will automatically renew and continue until such time as the Customer requests termination of service and/or no remittance of payment is received for an outstanding term for 30 days.
Fees are charges made to the Customer by JAWS Media that are required to perform actions requested by the Customer. Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle will be monthly or annually or by special arrangement approved by JAWS Media. JAWS Media may require payment for the first billing cycle before rendering service. If credit/debit card billing information is provided, Customer authorizes JAWS Media to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise JAWS Media will invoice Customer via electronic mail to the Primary Customer Contact listed on the respective account. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees will be due on the upon receipt.
All payments must be made in United States dollars. Customer is responsible for providing JAWS Media with changes to billing information (such as credit card expiration, change in billing address). At its option, JAWS Media may charge interest on overdue amounts at the lesser of 15% per month or the maximum non-usurious rate under applicable law. JAWS Media may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay JAWS Media reasonable reinstatement fee following a suspension of service for non-payment and to pay JAWS Media reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
JAWS Media may increase its fees for services effective the first day of the next ensuing term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the term, and if Customer does not give a notice of non-renewal, Customer will be deemed to have accepted the new fee for that and any subsequent terms.
The Customer will be responsible for any taxes required in their respective geographic location(s). Sales tax is not charged and/or collected by JAWS Media for the lease of servers for web hosting.
Acceptable Use Policy
You may not publish or transmit via JAWS Media's service any content that JAWS Media reasonably believes:
- constitutes child pornography;
- constitutes pornography;
- contains any pictures of indecently clothed people. Examples include low cut shirts, bikinis, short skirts, etc.
- contains profane language;
- promotes homosexual or gay lifestyles;
- promotes a pro-choice or pro-abortion stance;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to JAWS Media; or
- is otherwise malicious, fraudulent, or may result in retaliation against JAWS Media by offended viewers
Content "published or transmitted" via JAWS Media's service includes HTML content, images, animation, movies, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by JAWS Media. Interpretation of the preceding criteria is solely at the discretion of JAWS Media.
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail -
You must obtain JAWS Media's advance approval for any bulk commercial e-mail, which must demonstrate all of the following to JAWS Media's reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient's consent in a form that may be promptly produced on request, and you honor recipient's and JAWS Media's requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, "You opted in to receive this e-mail promotion from our Web site or from one of our partner sites," and information on how to request evidence of the consent, for example, "If you would like to learn more about how we received your e-mail address please contact us at abuse@**your-domain.com**."
- You have procedures in place that allow a recipient to easily revoke their consent - such as a link in the body of the e-mail, or instructions to reply with the word "Remove" in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must post an abuse@**your-domain.com** e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the "TO" line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your JAWS Media service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your JAWS Media service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers. JAWS Media may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your JAWS Media's services.
Material Protected by Copyright -
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
JAWS Media will terminate the service of repeat copyright infringers. Copyright Infringement Notice (Digital Millennium Copyright Act) -
If you believe your copyright is being infringed by a person using the JAWS Media network, please send your written notice of copyright infringement to:
P.O. Box 7
Aiken, TX 79221
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit JAWS Media to locate the material;
- Information reasonably sufficient to permit JAWS Media to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Information Maintenance -
You must have valid and current information on file with your domain name registrar for any domain hosted on the JAWS Media network.
JAWS Media is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the JAWS Media network.
Customer represents and warrants to JAWS Media that the information he, she or it has provided and will provide to JAWS Media for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to JAWS Media that he or she is at least 18 years of age. JAWS Media may rely on the instructions of the person listed as the Primary Customer Contact with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contact.
Customer agrees to indemnify and hold harmless JAWS Media, JAWS Media's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
JAWS MEDIA DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, JAWS MEDIA DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.
Limitation of Damages
NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF JAWS Media AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) WILL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension/Termination of Service
Suspension of Service - Customer agrees that JAWS Media may suspend services to Customer without notice and without liability if: (i) JAWS Media reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) JAWS Media reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer will pay JAWS Media's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination - The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if JAWS Media fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by JAWS Media prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from JAWS Media describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Requests for Customer Information
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by JAWS Media notwithstanding any agreement by JAWS Media to provide back up services.
Changes to Network
Upgrades and other changes in JAWS Media's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. JAWS Media reserves the right to change its network in its commercially reasonable discretion, and JAWS Media shall not be liable for any resulting harm to Customer.
Notices to JAWS Media under this Agreement will be given via electronic mail to the e-mail address to the individual listed as the Primary Customer Contact. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change their notice address by a notice given in accordance with this Section.
JAWS Media will not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond JAWS Media's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing Law and Disputes
The Agreement will be governed by the laws of the State of Texas, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement will not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN FLOYD COUNTY, TEXAS, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
Other Terms and Conditions
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended from time to time. Changes to this Agreement will be posted herein this page of the JAWS Media web site and be immediately enforceable. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Customer may not transfer the Agreement without JAWS Media's prior written consent. JAWS Media's approval for assignment is contingent on the assignee meeting JAWS Media's credit approval criteria. JAWS Media may assign the Agreement in whole or in part.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
This document was last updated:
January 17, 2012 10:57 PM