Terms of use
JOOBLAY, INC.
ACCEPTANCE OF TERMS
Your use of Jooblay Services is governed by these Terms of Service and the Jooblay Privacy Policy. The terms contained under “Additional Terms” apply only if you elect to purchase the particular services described there. If you are purchasing Services on behalf of a company or other legal entity, you are representing that you have authority to bind that entity to these Terms of Service. Unless you have also entered into a contract with us, these Terms are the complete and exclusive agreement between you and us regarding the Services purchased by you and supersede and replace any oral or written prior agreement, understanding, or communication. We reserve the right to update and change these Terms from time to time without notice to you. By using any of our Services, you signify your acceptance of these Terms. If you do not agree to any of these Terms, do not use our Services.
SUBSCRIPTION TERMS
Upon agreement of these stated terms of use SUBSCRIPTION TERMS shall be known as SUBSCRIPTION TERM BLOCKS. These Terms are effective as soon as you click the "I agree" button (the "Effective Date"). The "Initial Subscription Term" will be for the period specified in your order and commences on the Effective Date. At the end of your Initial Subscription Term, your subscription automatically renews for successive renewal subscription terms (each a "Renewal Subscription Term") equal in duration to the Initial Subscription Term at our then current subscription fees unless you elect not to renew your subscription as further described below under “Cancellation”. The "Initial Subscription Term" and any "Renewal Subscription Agreement" are referred to herein as the "Subscription Term".
FEES AND PAYMENT
Most of our Services require the payment of fees. If you sign up for a fee-based Service, your use of the Services will be subject to the fee schedule applicable to your subscription. We reserve the right to change our subscription fees. At the end of your Subscription Term, your subscription will automatically renewed at Jooblay's then current prices.
All fees are exclusive of all taxes, levis and duties imposed by taxing authorities and you shall be responsible for payment of such taxes. You agree to pay for any taxes that are applicable to your use of the Services and payments you make to us.
Other than for use of one of our free Services, you must provide us with a valid credit card and non-disposable email address. We will charge your credit card for your subscription fees either monthly or annually in advance (depending on your subscription). We will also charge your credit card for any usage based fees (if applicable to your subscription). If we are unable to effect payment via your credit card, we will attempt to notify you via email. We may disable your access to the Services until payment is received. You agree to pay reasonable attorneys' fees and court costs incurred by us to collect any unpaid amounts owed by you. Amounts paid for the Services are not refundable. Until Your Subscription to the Service is terminated, You acknowledge and understand that we will continue to charge you for the Services regardless of whether the Services are used or not until you notify us to cancel your subscription. You must pay for an entire subscription for which you order regardless if you use all the Services you are entitled to or cancel your subscription during the term.
If your account has 0 (ZERO) to -5 (NEGATIVE FIVE) days please recharge your account at once. Additionally you will be charged a $10.00 United States Dollar (USD) late fee. At -5 (NEGATIVE FIVE) days your account will be suspended. An additional $50.00 United States Dollar (USD) re-configuration fee applies. Lastly once your account reaches a -15 (NEGATIVE FIFTEEN) days your environment is sterilized terminating any and all hosting and or sites, including any projects in development.
JOOBLAY PRIVACY POLICY
How we collect, protect and use your registration data and certain other information about you are contained in our Privacy Policy https://jooblay.com/node/215 which is part of these Terms.
YOUR RIGHTS IN YOUR WEBSITE CONTENT
You represent to us that you have all necessary rights in your Content to permit you to use the Services without infringing the rights of any copyright owners, violating any applicable laws or violating the terms of any license or agreement to which you are bound. You retain ownership of all right, title and interest in and to all your Content. You give us permission to host your website and give us the right to access, retain, use and disclose your Content solely for the purpose of providing Services. This permission exists only for as long as you continue to use our hosting Service. We respect the intellectual property rights of others and expect you to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (the “DMCA”) and our response to such notices may include removing or disabling access to any allegedly infringing Content, terminating access to websites if we do not receive a satisfactory response from you following receipt of an infringement notice, terminating the accounts of repeat infringers and/or making good-faith attempts to contact you to make a counter-notification.
1. Probable terms of coucellation include.
A. Verbal or physical abuse of one or more employees or contractors via electronic mail, voip, phone, fax, social media and or other transmissions of known languages or unknown method or language.
B. Non-payment at said time of the stated time charged.
C. Abusive violent content in relation to hate, extinction, crime against humanity and or other violent acts.
D. More then 2 late payments (NEGATIVE FIVE DAYS FROM ZERO) in any 12 months.
JOOBLAY, INC. reserves the right to council, delete or destroy any and or all accounts at any time due to the violation of any of the terms stated and or not stated in this contract including acts of god. This may or may not include the complete loss of all or some of your data. The extent of loss data, software or any directories, files, code (html, php, mysql, nginx or other) shall cover acts of neglegence and or accidental software or technician based errors causing the complete loss of clients data. Clients acknowledge the loss may be due to mistakes via avatar programs that act autonomous and or semi-autonomous on the command line or in writen code (html, php, mysql, nginx or other) .
CANCELATION AND TERMINATION
By You.
If you wish to discontinue your hosting service with JOOBLAY, INC., you will need to fill out the cancellation form at https://jooblay.com/node/216. This is the ONLY accepted method of cancellation. If we are unable to charge you or a payment is not made on or before the due date, your account will be suspended until we have received payment. Client accounts will remain suspended for 15 days after which the client account shall be deleted from the server.
Termination by Us.
We may stop offering any of our Services at any time. If we do, we may terminate your subscription without cause by notifying you in writing at least thirty (30) days prior to such termination. We may also terminate your subscription for cause and your use of the Services if, in our opinion, you have breached or otherwise fail to comply with any of these Terms. Depending on the breach, we may offer you a limited period of time to cure your breach, not to exceed five days. We may terminate your subscription and/or your access to the Services if your non-payment of any fees owed to us that are delinquent by thirty (30) days or more. You agree to provide us with complete and accurate billing and contact information. We may terminate your Subscription if the billing or contact information is false, fraudulent or invalid. At all times on planet earth JOOBLAY, INC. reserves the right to council, delete or destroy any and or all accounts at any time due to the violation of any of the terms stated and or not stated in this contract including acts of god. This may or may not include the complete loss of all or some of your data. The extent of loss data, software or any directories, files, code (html, php, mysql, nginx or other) shall cover acts of negligence and or accidental software or technician based errors causing the complete loss of clients data. Clients acknowledge the loss may be due to mistakes via avatar programs that act autonomous and or semi-autonomous on the command line or in written code (html, php, mysql, nginx or other) . Once breech of contract has been committed your data, website, users, contacts, fields, taxonomy terms, nodes, files, php code, directories, databases and or any other part of your known operating user directory at /home/username (view your machine name for completion of /hom/username) shall be rendered accessible and you forfeit all access to working /home/username and backups. Once breech of the terms have been established in electronic email to your primary accounts email address has been sent no recovery of above stated content (website, users, contacts, fields, taxonomy terms, nodes, files, php code, directories, databases and or any other part of your known operating user directory at /home/username) shall be available. We will not provide backups of any kind to any clients that have paid a late fee last in the last 12 months.
Effect of Termination.
We do not issue any cash refunds for subscription cancellations. After cancellation or termination, you will no longer have access to your website. If you purchased Development Cloud Hosting Services and we terminate your subscription for cause, we will maintain a copy of your website for a maximum of 30 days. We are not required to provide such copy to you unless all fees owed to us have been paid in full within 30 days of the termination date. Following the 30 day period, and we may delete all information on your website. We accept no liability for such deleted information or content Your obligation to make a payment of any outstanding, unpaid fees and to keep Confidential Information confidential and all rights and obligations of the parties which by their nature are reasonably intended to survive such termination or expiration will survive termination or expiration of this Agreement.
CONFIDENTIAL INFORMATION.
You and we agree to maintain the confidentiality of any proprietary information received by the other party during, or prior to entering into, these Terms that a party should know is confidential or proprietary based on the circumstances surrounding the disclosure including, without limitation, non-public technical and business information ("Confidential Information") during the Subscription and for a period of five (5) years after the termination of your subscription. This section shall not apply to any publicly available or independently developed information. The receiving party of any Confidential Information of the other party agrees not to use said Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under these Terms. The receiving party shall protect the secrecy of and avoid disclosure and unauthorized use of the disclosing party's Confidential Information to the same degree that it takes to protect its own confidential information and in no event less than reasonable care.
WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AN “AS AVAILABLE “ BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FO RA PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT (i) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE, (ii) THE SERVICES OR SUPPORT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (iii) ERRORS OR DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR SUPPORT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF THE INTERNET AND JOOBLAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, partners and employees harmless from any claim or demand (including reasonable attorneys’ fees, and any damages award, fine or other amount imposed on us) made by any third party due to or arising out of your Content, inappropriate use of the Services, violation of these Terms, your gross negligence or willful misconduct or violation of law or violation of any rights of another. Your obligations under this subsection include claims arising out of the acts or omissions of your employees and agents, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. If you resell the Services, the grounds for indemnification stated above also include any claim brought by your customers or end users arising out of your resale of the Services. We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. You must pay expenses due under this Section as we incur them.
LIMITATION OF LIABILITY
We will not be liable to you for special, indirect, incidental, consequential, punitive, exemplary or other similar damages, including, without limitation, loss revenue or profits, in any way arising out of or related to the use of the Services even if we have been advised of the possibility of such damages. Our aggregate liability for all claims by you relating to your use of the Services shall not exceed the fees paid by you in the immediately preceding twelve (12) month period giving rise to the claim.
EXPORT
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You acknowledge that the Services may be subject to the U.S. export control and sanctions laws (including the Export Administration Regulations (“Export Controls”) and that you will comply with all applicable Export Controls.
GENERAL
We may provide notices to you via either email or regular mail. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notice to you generally on the Service.
You may not register for free or paid accounts using email addresses from throw-away email address providers such as mailinator,com, 10minuteemail.com, guerillamail.com, yotmail.com, tempinbo.com and instantemail.com.
These Terms and the relationship between you and us shall be governed by the laws of the Commonwealth of DELAWARE.
You agree to comply with all applicable laws, rules and regulations including the CAN-SPAM Act.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
Depending on your subscription, the following terms may also apply to your subscription:
PROFESSIONAL SUBSCRIPTION SERVICES
Diagnosis and Repair
Diagnosis and repair support entitles you to engage us in the diagnosis and repair of Drupal functionality issues during the assembly or operation of your website(s). Diagnosis and repair support includes resolving issues with any Drupal core, contributed or custom module; with Drupal installation, configuration and usage tasks; with Drupal modules or themes not interacting as expected; and with a Drupal site not operating as expected within its environment. Diagnosis and repair may not be possible with modifications to Drupal core, certain integration or custom modules.
We may require a module or component to be upgraded to a later or more stable release before continuing with the diagnosis or repair of an issue. We may require the substitution of a module or modules for similar suitable module(s) to resolve an issue. Substitutions may be recommended by us but are made at your sole discretion. Customizations to Drupal core files performed by you may limit our ability to resolve issues. We may recommend or require such modifications be removed in favor of alternate solutions using standard core and contributed modules, or by using other standard, published core patches.
Advisory Support.
Advisory support entitles you to engage our Support and Engineering experts in discussions on best practices for generic topics including security, migration, performance tuning, module development, and architecture. Advisory support is limited to existing knowledge that can be transferred during a live conversation or via email and possibly supported by existing documentation. Site specific research and/or creation of any new deliverable(s) are out of scope for advisory support. Advisory support does not generate any deliverables.
Allotted Support Tickets and Advisory Hours.
You will be allotted a certain number of support tickets and advisory hours (if applicable) per year per the subscription level you ordered.
Support Request Procedures.
You must make requests of our Support through the support request and management tools made available to you. You must provide a description of the issue or request, a description of the mission impact, and designate urgency. We will evaluate the request and provide an initial response within the time determined set forth below. You agree to work with us to provide additional information about site functionality and related applications as needed to diagnose and resolve the issue. We will track progress notes and related communications in your support ticket through resolution of the issue or request. You must designate the issue or request as Critical, High, Medium or Low pursuant to the Service Levels described below. Critical tickets initiate internal alerts and designate the request for a priority response. We will contact you via the ticket to confirm details and initiate diagnosis.
Service Level Agreement.
Support Services are provided during our published support hours (excluding our holidays).
Uptime.
We will use commercially reasonable efforts to provide the Service twenty-four (24) hours a day, seven (7) days a week throughout the term of your subscription. You acknowledge and agree, however, that from time to time the Service may be inaccessible or inoperable for various reasons, including, without limitation, (i) periodic maintenance procedures or repairs which we may undertake from time to time; (ii) equipment malfunctions; and (iii) causes beyond the our control, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures. Unavailability of the Service does not constitute a breach of these Terms.
WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY US. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE OR ANY ERROR OR OMISSION IN THE SERVICE AND OUR SOLE OBLIGATION SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR THE ERROR OR DEFECT IN THE SERVICE.
JOOBLAY HOSTING SERVICES
These types of websites are not allowed to be hosted by Jooblay:
Adult: sexually explicit content, nudity
Copyrighted Content of another: content that you do not own or have the express right to publish
Spam/SEO: a site with a sole purpose to gain Google rating, Facebook “likes” etc.
Phishing: a site meant to trick users into providing their username and/or password
Illegal Content: content with is illegal in the United States
Excessive Advertising; placing excessive advertising on your site, including more than three ad units per page
File Hosting: a site sharing links to or providing actual files for visitors to download
This list is a quick reference and is not meant to be complete. For more information about prohibited activities, please refer to “Content and Conduct Rules and Obligations for Hosting and Drupal Gardens Customers” below.
We will host and maintain the number of your website(s) included with your subscription level on our cloud hosting environment during the term of your subscription as more fully described at https://jooblay.com/taxonomy/term/95.
We will conduct daily, weekly and monthly backups of your websites. You may also process on-demand backups and restores at your discretion.
We will provide a shared single server development cloud hosting environment with the specifications you ordered with your subscription. You are permitted to run the number of servers included with your subscription.
You must provide us with at least two (2) business days advance written notice before performing any load tests or vulnerability tests on your hosted website(s). You understand that staging environment is a shared development staging environment and is only for low impact testing and development activities. Should your use of the shared development staging environment adversely impact server performance, you will be required to move to a dedicated development staging environment and will need to pay the associated server fees.
You hereby grant to us a non-exclusive, non-transferable, royalty-free, worldwide license to publicly perform, publicly display and digitally perform your Content only on or in conjunction with the hosting of your website(s) in accordance with these Terms.
Your subscription includes access to the Jooblay Network. See “Jooblay Network Services” below.
WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY US. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE OR ANY ERROR OR OMISSION IN THE SERVICE AND OUR SOLE OBLIGATION SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR THE ERROR OR DEFECT IN THE SERVICE.
CONTENT AND CONDUCT RULES AND OBLIGATIONS FOR HOSTING
AND JOOBLAYHOSTED CUSTOMERS
You are responsible for all content on your website and files and data associated therewith (collectively, “Content”). We have no responsibility whatsoever for the Content on your website. We do not guarantee the accuracy, integrity or quality of Content or your source code.
You acknowledge that we do not screen Content but that we shall have the right (but not the obligation) to refuse, move or delete any Content that violates these Terms. We also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any Content violates the rights of third parties, or (d) protect our rights, property or personal safety and those of the users and the public.
You agree that you will not, nor permit your users to:
use the Services in any manner other than as specified in these Terms including not to store, transfer or distribute files for on behalf of third parties or for any form of file sharing;
interfere or attempt to interfere with the proper working of the Services, the servers or any activity being conducted on the servers;
store or transmit infringing, libelous or otherwise unlawful or tortious material on the Website(s), or store or transmit material in violation of third-party privacy or intellectual property rights;
promote or facilitate any illegal activity on your website(s);
interfere with or disrupt the integrity or performance of the Services;
upload, post or others transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam” such as (i) sending mass email to recipients who have not requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
use the Service a as forwarding service to another website;
solicit a third party’s password(s) or personal identifying information for unlawful or phishing purposes; or
use your website(s) to promote or provide instructional information about illegal activities or use your website in any unlawful manner.
We may immediately disable your access to the Services, remove all or a portion of your Content and/or terminate your Services, without refund, if we believe that you or any of your Users have violated any of the above prohibitions or these Terms.
We are not responsible to you for unauthorized access to your Content or data or the unauthorized use of the Services unless the unauthorized access or use results from our failure to meet our obligations of these Terms. You are responsible for the use of the Services by your employees, consultants and any other person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
You must provide us at least two (2) business days advance written notice before performing any load tests or vulnerability tests on your website(s). You understand that staging environment is a shared development staging environment and is only for low impact testing and development activities. Should your use of the shared development staging environment adversely impact server performance, you will be required to move to a dedicated development staging environment and will need to pay the associated server fees.
You agree not to place excessive burdens on our CPUs, servers or other resources, including customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity provided with your subscription are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services. You further agree that we may place restrictions on your use of the Services, including support services, to the extent they exceed the use of these resources for similarly situated customers.
JOOBLAY NETWORKS SERVICES
If your subscription includes access to the Jooblay Network, you will have access to Jooblay Technology (defined below) and subscriptions to certain Third Party Services (defined below) provided over the Internet. Your use of Jooblay Search and the number of search queries you may perform and the number of documents included in your search index will be limited depending on the type of subscription you purchased. If you exceed your allocated limits, you will incur additional charges. You agree that you will not place excessive burdens on our CPUs, servers or other resources, including customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services. You further agrees that we may place restrictions on your use of the Services, including support services, to the extent they exceed the use of these resources for similarly situated customers.
Jooblay Technology. Jooblay Technology is proprietary software owned by us. Such software is identified on our website (https://jooblay.com) and includes Jooblay Search, Jooblay PowerSPAM and automated spam blocking (the “Jooblay Technology”). Jooblay may change the Jooblay Technology from time to time or discontinue any portion thereof without notifying you. Jooblay Technology includes open source software. Subject to your compliance with the terms and conditions of these Terms, we hereby grant to you a non-exclusive, non-transferable, revocable license for you and your users to access and use the Jooblay Technology solely for purposes of utilizing the Services. This license is restricted to use by you and your users and does not include the right to permit any non-user to access or use the Jooblay Technology.
Third Party Services. Your subscription to the Jooblay Network includes subscriptions to certain third party services (“Third Party Services”). Such Third Party Services are identified on our website, and are subject to change or discontinuance from time to time without notice to you. You have the choice whether to use any of the Third Party Services. If you do use them, your use will be subject to the provider’s license, terms and conditions and any such licenses, terms, conditions, representations and/or warranties associated with such use. We make no representations or warranties with regard to any Third Party Service even if we have certified a provider or identified them as a select or premier Jooblay partner. We will not be responsible to you in any manner for any Third Party Service. Third Party Services are not considered Services and we do not provide any support for these services.
2013 - 2018 JOOBLAY
November 2018 revision
ACCEPTANCE OF TERMS
Your use of Jooblay Services is governed by these Terms of Service and the Jooblay Privacy Policy. The terms contained under “Additional Terms” apply only if you elect to purchase the particular services described there. If you are purchasing Services on behalf of a company or other legal entity, you are representing that you have authority to bind that entity to these Terms of Service. Unless you have also entered into a contract with us, these Terms are the complete and exclusive agreement between you and us regarding the Services purchased by you and supersede and replace any oral or written prior agreement, understanding, or communication. We reserve the right to update and change these Terms from time to time without notice to you. By using any of our Services, you signify your acceptance of these Terms. If you do not agree to any of these Terms, do not use our Services.
SUBSCRIPTION TERMS
Upon agreement of these stated terms of use SUBSCRIPTION TERMS shall be known as SUBSCRIPTION TERM BLOCKS. These Terms are effective as soon as you click the "I agree" button (the "Effective Date"). The "Initial Subscription Term" will be for the period specified in your order and commences on the Effective Date. At the end of your Initial Subscription Term, your subscription automatically renews for successive renewal subscription terms (each a "Renewal Subscription Term") equal in duration to the Initial Subscription Term at our then current subscription fees unless you elect not to renew your subscription as further described below under “Cancellation”. The "Initial Subscription Term" and any "Renewal Subscription Agreement" are referred to herein as the "Subscription Term".
FEES AND PAYMENT
Most of our Services require the payment of fees. If you sign up for a fee-based Service, your use of the Services will be subject to the fee schedule applicable to your subscription. We reserve the right to change our subscription fees. At the end of your Subscription Term, your subscription will automatically renewed at Jooblay's then current prices.
All fees are exclusive of all taxes, levis and duties imposed by taxing authorities and you shall be responsible for payment of such taxes. You agree to pay for any taxes that are applicable to your use of the Services and payments you make to us.
Other than for use of one of our free Services, you must provide us with a valid credit card and non-disposable email address. We will charge your credit card for your subscription fees either monthly or annually in advance (depending on your subscription). We will also charge your credit card for any usage based fees (if applicable to your subscription). If we are unable to effect payment via your credit card, we will attempt to notify you via email. We may disable your access to the Services until payment is received. You agree to pay reasonable attorneys' fees and court costs incurred by us to collect any unpaid amounts owed by you. Amounts paid for the Services are not refundable. Until Your Subscription to the Service is terminated, You acknowledge and understand that we will continue to charge you for the Services regardless of whether the Services are used or not until you notify us to cancel your subscription. You must pay for an entire subscription for which you order regardless if you use all the Services you are entitled to or cancel your subscription during the term.
If your account has 0 (ZERO) to -5 (NEGATIVE FIVE) days please recharge your account at once. Additionally you will be charged a $10.00 United States Dollar (USD) late fee. At -5 (NEGATIVE FIVE) days your account will be suspended. An additional $50.00 United States Dollar (USD) re-configuration fee applies. Lastly once your account reaches a -15 (NEGATIVE FIFTEEN) days your environment is sterilized terminating any and all hosting and or sites, including any projects in development.
JOOBLAY PRIVACY POLICY
How we collect, protect and use your registration data and certain other information about you are contained in our Privacy Policy https://jooblay.com/node/215 which is part of these Terms.
YOUR RIGHTS IN YOUR WEBSITE CONTENT
You represent to us that you have all necessary rights in your Content to permit you to use the Services without infringing the rights of any copyright owners, violating any applicable laws or violating the terms of any license or agreement to which you are bound. You retain ownership of all right, title and interest in and to all your Content. You give us permission to host your website and give us the right to access, retain, use and disclose your Content solely for the purpose of providing Services. This permission exists only for as long as you continue to use our hosting Service. We respect the intellectual property rights of others and expect you to do the same. We will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act (the “DMCA”) and our response to such notices may include removing or disabling access to any allegedly infringing Content, terminating access to websites if we do not receive a satisfactory response from you following receipt of an infringement notice, terminating the accounts of repeat infringers and/or making good-faith attempts to contact you to make a counter-notification.
1. Probable terms of coucellation include.
A. Verbal or physical abuse of one or more employees or contractors via electronic mail, voip, phone, fax, social media and or other transmissions of known languages or unknown method or language.
B. Non-payment at said time of the stated time charged.
C. Abusive violent content in relation to hate, extinction, crime against humanity and or other violent acts.
D. More then 2 late payments (NEGATIVE FIVE DAYS FROM ZERO) in any 12 months.
JOOBLAY, INC. reserves the right to council, delete or destroy any and or all accounts at any time due to the violation of any of the terms stated and or not stated in this contract including acts of god. This may or may not include the complete loss of all or some of your data. The extent of loss data, software or any directories, files, code (html, php, mysql, nginx or other) shall cover acts of neglegence and or accidental software or technician based errors causing the complete loss of clients data. Clients acknowledge the loss may be due to mistakes via avatar programs that act autonomous and or semi-autonomous on the command line or in writen code (html, php, mysql, nginx or other) .
CANCELATION AND TERMINATION
By You.
If you wish to discontinue your hosting service with JOOBLAY, INC., you will need to fill out the cancellation form at https://jooblay.com/node/216. This is the ONLY accepted method of cancellation. If we are unable to charge you or a payment is not made on or before the due date, your account will be suspended until we have received payment. Client accounts will remain suspended for 15 days after which the client account shall be deleted from the server.
Termination by Us.
We may stop offering any of our Services at any time. If we do, we may terminate your subscription without cause by notifying you in writing at least thirty (30) days prior to such termination. We may also terminate your subscription for cause and your use of the Services if, in our opinion, you have breached or otherwise fail to comply with any of these Terms. Depending on the breach, we may offer you a limited period of time to cure your breach, not to exceed five days. We may terminate your subscription and/or your access to the Services if your non-payment of any fees owed to us that are delinquent by thirty (30) days or more. You agree to provide us with complete and accurate billing and contact information. We may terminate your Subscription if the billing or contact information is false, fraudulent or invalid. At all times on planet earth JOOBLAY, INC. reserves the right to council, delete or destroy any and or all accounts at any time due to the violation of any of the terms stated and or not stated in this contract including acts of god. This may or may not include the complete loss of all or some of your data. The extent of loss data, software or any directories, files, code (html, php, mysql, nginx or other) shall cover acts of negligence and or accidental software or technician based errors causing the complete loss of clients data. Clients acknowledge the loss may be due to mistakes via avatar programs that act autonomous and or semi-autonomous on the command line or in written code (html, php, mysql, nginx or other) . Once breech of contract has been committed your data, website, users, contacts, fields, taxonomy terms, nodes, files, php code, directories, databases and or any other part of your known operating user directory at /home/username (view your machine name for completion of /hom/username) shall be rendered accessible and you forfeit all access to working /home/username and backups. Once breech of the terms have been established in electronic email to your primary accounts email address has been sent no recovery of above stated content (website, users, contacts, fields, taxonomy terms, nodes, files, php code, directories, databases and or any other part of your known operating user directory at /home/username) shall be available. We will not provide backups of any kind to any clients that have paid a late fee last in the last 12 months.
Effect of Termination.
We do not issue any cash refunds for subscription cancellations. After cancellation or termination, you will no longer have access to your website. If you purchased Development Cloud Hosting Services and we terminate your subscription for cause, we will maintain a copy of your website for a maximum of 30 days. We are not required to provide such copy to you unless all fees owed to us have been paid in full within 30 days of the termination date. Following the 30 day period, and we may delete all information on your website. We accept no liability for such deleted information or content Your obligation to make a payment of any outstanding, unpaid fees and to keep Confidential Information confidential and all rights and obligations of the parties which by their nature are reasonably intended to survive such termination or expiration will survive termination or expiration of this Agreement.
CONFIDENTIAL INFORMATION.
You and we agree to maintain the confidentiality of any proprietary information received by the other party during, or prior to entering into, these Terms that a party should know is confidential or proprietary based on the circumstances surrounding the disclosure including, without limitation, non-public technical and business information ("Confidential Information") during the Subscription and for a period of five (5) years after the termination of your subscription. This section shall not apply to any publicly available or independently developed information. The receiving party of any Confidential Information of the other party agrees not to use said Confidential Information for any purpose except as necessary to fulfill its obligations and exercise its rights under these Terms. The receiving party shall protect the secrecy of and avoid disclosure and unauthorized use of the disclosing party's Confidential Information to the same degree that it takes to protect its own confidential information and in no event less than reasonable care.
WARRANTY DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AN “AS AVAILABLE “ BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FO RA PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT (i) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE OR SOFTWARE, (ii) THE SERVICES OR SUPPORT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (iii) ERRORS OR DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR SUPPORT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES MAY BE SUBJECT TO LIMITATIONS OR ISSUES INHERENT IN THE USE OF THE INTERNET AND JOOBLAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR OTHER DAMAGE RESULTING FROM SUCH LIMITATIONS OR ISSUES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
INDEMNITY
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, partners and employees harmless from any claim or demand (including reasonable attorneys’ fees, and any damages award, fine or other amount imposed on us) made by any third party due to or arising out of your Content, inappropriate use of the Services, violation of these Terms, your gross negligence or willful misconduct or violation of law or violation of any rights of another. Your obligations under this subsection include claims arising out of the acts or omissions of your employees and agents, any other person to whom you have given access to the Services, and any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were not authorized by you. If you resell the Services, the grounds for indemnification stated above also include any claim brought by your customers or end users arising out of your resale of the Services. We will choose legal counsel to defend the claim, provided that these decisions must be reasonable and must be promptly communicated to you. You must comply with our reasonable requests for assistance and cooperation in the defense of the claim. You must pay expenses due under this Section as we incur them.
LIMITATION OF LIABILITY
We will not be liable to you for special, indirect, incidental, consequential, punitive, exemplary or other similar damages, including, without limitation, loss revenue or profits, in any way arising out of or related to the use of the Services even if we have been advised of the possibility of such damages. Our aggregate liability for all claims by you relating to your use of the Services shall not exceed the fees paid by you in the immediately preceding twelve (12) month period giving rise to the claim.
EXPORT
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. You acknowledge that the Services may be subject to the U.S. export control and sanctions laws (including the Export Administration Regulations (“Export Controls”) and that you will comply with all applicable Export Controls.
GENERAL
We may provide notices to you via either email or regular mail. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notice to you generally on the Service.
You may not register for free or paid accounts using email addresses from throw-away email address providers such as mailinator,com, 10minuteemail.com, guerillamail.com, yotmail.com, tempinbo.com and instantemail.com.
These Terms and the relationship between you and us shall be governed by the laws of the Commonwealth of DELAWARE.
You agree to comply with all applicable laws, rules and regulations including the CAN-SPAM Act.
ADDITIONAL TERMS FOR SPECIFIC SERVICES
Depending on your subscription, the following terms may also apply to your subscription:
PROFESSIONAL SUBSCRIPTION SERVICES
Diagnosis and Repair
Diagnosis and repair support entitles you to engage us in the diagnosis and repair of Drupal functionality issues during the assembly or operation of your website(s). Diagnosis and repair support includes resolving issues with any Drupal core, contributed or custom module; with Drupal installation, configuration and usage tasks; with Drupal modules or themes not interacting as expected; and with a Drupal site not operating as expected within its environment. Diagnosis and repair may not be possible with modifications to Drupal core, certain integration or custom modules.
We may require a module or component to be upgraded to a later or more stable release before continuing with the diagnosis or repair of an issue. We may require the substitution of a module or modules for similar suitable module(s) to resolve an issue. Substitutions may be recommended by us but are made at your sole discretion. Customizations to Drupal core files performed by you may limit our ability to resolve issues. We may recommend or require such modifications be removed in favor of alternate solutions using standard core and contributed modules, or by using other standard, published core patches.
Advisory Support.
Advisory support entitles you to engage our Support and Engineering experts in discussions on best practices for generic topics including security, migration, performance tuning, module development, and architecture. Advisory support is limited to existing knowledge that can be transferred during a live conversation or via email and possibly supported by existing documentation. Site specific research and/or creation of any new deliverable(s) are out of scope for advisory support. Advisory support does not generate any deliverables.
Allotted Support Tickets and Advisory Hours.
You will be allotted a certain number of support tickets and advisory hours (if applicable) per year per the subscription level you ordered.
Support Request Procedures.
You must make requests of our Support through the support request and management tools made available to you. You must provide a description of the issue or request, a description of the mission impact, and designate urgency. We will evaluate the request and provide an initial response within the time determined set forth below. You agree to work with us to provide additional information about site functionality and related applications as needed to diagnose and resolve the issue. We will track progress notes and related communications in your support ticket through resolution of the issue or request. You must designate the issue or request as Critical, High, Medium or Low pursuant to the Service Levels described below. Critical tickets initiate internal alerts and designate the request for a priority response. We will contact you via the ticket to confirm details and initiate diagnosis.
Service Level Agreement.
Support Services are provided during our published support hours (excluding our holidays).
Uptime.
We will use commercially reasonable efforts to provide the Service twenty-four (24) hours a day, seven (7) days a week throughout the term of your subscription. You acknowledge and agree, however, that from time to time the Service may be inaccessible or inoperable for various reasons, including, without limitation, (i) periodic maintenance procedures or repairs which we may undertake from time to time; (ii) equipment malfunctions; and (iii) causes beyond the our control, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures. Unavailability of the Service does not constitute a breach of these Terms.
WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY US. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE OR ANY ERROR OR OMISSION IN THE SERVICE AND OUR SOLE OBLIGATION SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR THE ERROR OR DEFECT IN THE SERVICE.
JOOBLAY HOSTING SERVICES
These types of websites are not allowed to be hosted by Jooblay:
Adult: sexually explicit content, nudity
Copyrighted Content of another: content that you do not own or have the express right to publish
Spam/SEO: a site with a sole purpose to gain Google rating, Facebook “likes” etc.
Phishing: a site meant to trick users into providing their username and/or password
Illegal Content: content with is illegal in the United States
Excessive Advertising; placing excessive advertising on your site, including more than three ad units per page
File Hosting: a site sharing links to or providing actual files for visitors to download
This list is a quick reference and is not meant to be complete. For more information about prohibited activities, please refer to “Content and Conduct Rules and Obligations for Hosting and Drupal Gardens Customers” below.
We will host and maintain the number of your website(s) included with your subscription level on our cloud hosting environment during the term of your subscription as more fully described at https://jooblay.com/taxonomy/term/95.
We will conduct daily, weekly and monthly backups of your websites. You may also process on-demand backups and restores at your discretion.
We will provide a shared single server development cloud hosting environment with the specifications you ordered with your subscription. You are permitted to run the number of servers included with your subscription.
You must provide us with at least two (2) business days advance written notice before performing any load tests or vulnerability tests on your hosted website(s). You understand that staging environment is a shared development staging environment and is only for low impact testing and development activities. Should your use of the shared development staging environment adversely impact server performance, you will be required to move to a dedicated development staging environment and will need to pay the associated server fees.
You hereby grant to us a non-exclusive, non-transferable, royalty-free, worldwide license to publicly perform, publicly display and digitally perform your Content only on or in conjunction with the hosting of your website(s) in accordance with these Terms.
Your subscription includes access to the Jooblay Network. See “Jooblay Network Services” below.
WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, OR (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL OBLIGATIONS AND REPRESENTATIONS AS TO PERFORMANCE, INCLUDING ALL WARRANTIES WHICH MIGHT ARISE FROM COURSE OF DEALING OR CUSTOM OR TRADE AND INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED BY US. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OR NONPERFORMANCE OF THE SERVICE OR ANY ERROR OR OMISSION IN THE SERVICE AND OUR SOLE OBLIGATION SHALL BE FOR US TO USE COMMERCIALLY REASONABLE EFFORTS TO REPAIR THE ERROR OR DEFECT IN THE SERVICE.
CONTENT AND CONDUCT RULES AND OBLIGATIONS FOR HOSTING
AND JOOBLAYHOSTED CUSTOMERS
You are responsible for all content on your website and files and data associated therewith (collectively, “Content”). We have no responsibility whatsoever for the Content on your website. We do not guarantee the accuracy, integrity or quality of Content or your source code.
You acknowledge that we do not screen Content but that we shall have the right (but not the obligation) to refuse, move or delete any Content that violates these Terms. We also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any Content violates the rights of third parties, or (d) protect our rights, property or personal safety and those of the users and the public.
You agree that you will not, nor permit your users to:
use the Services in any manner other than as specified in these Terms including not to store, transfer or distribute files for on behalf of third parties or for any form of file sharing;
interfere or attempt to interfere with the proper working of the Services, the servers or any activity being conducted on the servers;
store or transmit infringing, libelous or otherwise unlawful or tortious material on the Website(s), or store or transmit material in violation of third-party privacy or intellectual property rights;
promote or facilitate any illegal activity on your website(s);
interfere with or disrupt the integrity or performance of the Services;
upload, post or others transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, post or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam” such as (i) sending mass email to recipients who have not requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
use the Service a as forwarding service to another website;
solicit a third party’s password(s) or personal identifying information for unlawful or phishing purposes; or
use your website(s) to promote or provide instructional information about illegal activities or use your website in any unlawful manner.
We may immediately disable your access to the Services, remove all or a portion of your Content and/or terminate your Services, without refund, if we believe that you or any of your Users have violated any of the above prohibitions or these Terms.
We are not responsible to you for unauthorized access to your Content or data or the unauthorized use of the Services unless the unauthorized access or use results from our failure to meet our obligations of these Terms. You are responsible for the use of the Services by your employees, consultants and any other person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
You must provide us at least two (2) business days advance written notice before performing any load tests or vulnerability tests on your website(s). You understand that staging environment is a shared development staging environment and is only for low impact testing and development activities. Should your use of the shared development staging environment adversely impact server performance, you will be required to move to a dedicated development staging environment and will need to pay the associated server fees.
You agree not to place excessive burdens on our CPUs, servers or other resources, including customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity provided with your subscription are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services. You further agree that we may place restrictions on your use of the Services, including support services, to the extent they exceed the use of these resources for similarly situated customers.
JOOBLAY NETWORKS SERVICES
If your subscription includes access to the Jooblay Network, you will have access to Jooblay Technology (defined below) and subscriptions to certain Third Party Services (defined below) provided over the Internet. Your use of Jooblay Search and the number of search queries you may perform and the number of documents included in your search index will be limited depending on the type of subscription you purchased. If you exceed your allocated limits, you will incur additional charges. You agree that you will not place excessive burdens on our CPUs, servers or other resources, including customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result in our need to place restrictions on your use of the Services. You further agrees that we may place restrictions on your use of the Services, including support services, to the extent they exceed the use of these resources for similarly situated customers.
Jooblay Technology. Jooblay Technology is proprietary software owned by us. Such software is identified on our website (https://jooblay.com) and includes Jooblay Search, Jooblay PowerSPAM and automated spam blocking (the “Jooblay Technology”). Jooblay may change the Jooblay Technology from time to time or discontinue any portion thereof without notifying you. Jooblay Technology includes open source software. Subject to your compliance with the terms and conditions of these Terms, we hereby grant to you a non-exclusive, non-transferable, revocable license for you and your users to access and use the Jooblay Technology solely for purposes of utilizing the Services. This license is restricted to use by you and your users and does not include the right to permit any non-user to access or use the Jooblay Technology.
Third Party Services. Your subscription to the Jooblay Network includes subscriptions to certain third party services (“Third Party Services”). Such Third Party Services are identified on our website, and are subject to change or discontinuance from time to time without notice to you. You have the choice whether to use any of the Third Party Services. If you do use them, your use will be subject to the provider’s license, terms and conditions and any such licenses, terms, conditions, representations and/or warranties associated with such use. We make no representations or warranties with regard to any Third Party Service even if we have certified a provider or identified them as a select or premier Jooblay partner. We will not be responsible to you in any manner for any Third Party Service. Third Party Services are not considered Services and we do not provide any support for these services.
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November 2018 revision
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