This User Agreement (”Agreement”) is between Jabba Communications Inc. (“Jabba Communications Inc.”, “us”, “our, or “we”) and the person or entity (“you” or “customer”) visiting our website (currently located at www.Jabba Communication Inc..com) (“Site”) or using our wireless internet access service(s) (“Services”) at a location where it is available. If you do not agree with the terms of this Agreement, you must not continue to use our Services or our Site. Your continued use of the Services or Site constitutes your acceptance of these terms and your representation to us that you have reached the age of majority in your state (typically 18 years old). Your use of our Services is also subject to our Acceptable Use Policy (“AUP”) found at http://jabbacommunications.com/terms-conditions, our Privacy Policy found at http://jabbacommunications.com/privacy-policy, and any other rules, regulations or policies that may be posted on the Site, as promulgated or modified from time to time in our discretion (collectively, the “Policies”), which Policies are incorporated into this Agreement by reference. We may add new Policies, rescind Policies, or modify them at any time.
1. System Requirements. To utilize our Site or Services, you will need appropriate computing and communications equipment, including appropriate computer hardware and software and a wireless network card to access the Services. You are solely responsible for obtaining and maintaining this equipment and for the security of such equipment. You are solely responsible for keeping your hardware and software (including operating systems and browsers) updated, and we strongly recommend that you employ firewalls and anti-virus/anti-malware software, and browse with care. We are not responsible for the internet as a whole, but rather only for our own Site.
2. Limited right to access Services. Jabba Communication Inc. hereby grants you a personal, revocable single-user, limited, non-exclusive, non-transferable, revocable right to utilize the Services and the Site. We may, at any time and from time to time in our sole discretion, change the locations at which access to the Services are available (each, a “Location”) or restrict or terminate access at any specific Location. Depending on the payment plan under which you are utilizing the Services (your “Plan”), you may be permitted to use the Services at only one Location or at more than one Location. Please refer to the Site and/or, as applicable, the on-line registration page for your Location, for additional information regarding your Plan and where you are entitled to access the Services. Any violation of this Agreement or the AUP will be grounds to revoke your right to utilize all Services and/or the Site. In addition, we may at any time in our sole discretion, (i) promulgate or modify practices and limits concerning excessive use of the Services, including the maximum amount of use or bandwidth, or (ii) direct customers to use only certain methods to access the Services or the Site, or any portion of any thereof.
3. Account, Password and Security. Depending on your Plan and/or Location, upon registration, you may receive a user name and may choose a password. If you receive a user name and password, you hereby agree that (i) you are the only authorized user of your account; (ii) you are entirely responsible for maintaining the confidentiality of your user name and password and for any and all acts or omissions that occur under your account, user name or password; (iii) you will notify us immediately of any unauthorized use of your account, user name or password; any loss of your password; or any other breach of security; (iv) user names and passwords are the property of Jabba Communication Inc., which may alter or replace them at any time and from time to time in its sole discretion; (v) you will not log in more than once at the same time on your account or use more than one user name or more than one password when you access or use any of the Services; and (vi) you will not share your user name or password with any other person or entity. You agree to ensure that you exit from your account and/or access to the Services at the end of each session by closing each Internet application.
4. Fees and Payment.
4(A). At some Locations, access to the Services are provided to you by the Location owner as an amenity to you, but at other Locations you may be required to pay a fee to us for access. In addition, if any optional products are ever available from us (“Optional Products”), and you purchase any such products, you are responsible to pay the stated fee for the products. Current prices for the Services and for any Optional Products or services are posted on the Site and, as applicable, on the on-line registration page (or ancillary log-in pages) for your Location. Jabba Communication Inc. reserves the right to change prices and institute additional or different fees at any time.
4(B). You agree to pay for all amounts charged to your account with respect to the Services (including any charges associated with your Plan, regardless of your actual usage) and you authorize Jabba Communication Inc. to charge such amounts to any credit card number you have provided. In the event we are unable to charge such amounts to the credit card number you have provided, you will remain responsible for and agree to pay such charges by other reasonable means acceptable to Jabba Communication Inc.. If you purchase Services for which you are required to pay a fee, you agree to provide us or our designee with accurate and complete billing information including your name, address, telephone number, and credit card/billing information, and to keep such information current if you purchased any Services that include recurring billing. If you have any questions regarding charges to your account, you should contact Jabba Communication Inc. at billingjabbacommunications.com. All charges are considered valid unless disputed in writing within sixty (60) days after the billing date; adjustments will not be made for charges that are more than 60 days old. All amounts are payable in U.S. Dollars, without any setoff or deduction. Payments are typically due in advance of using the Services (recurring billing items would be due each month or as stipulated on the Site or Location log in page). In addition to all other amounts payable by you for access to the Services or Optional Products, you are responsible for (and will pay) all taxes (including, without limitation, sales, use and excise taxes) applicable to your use of the Services, excluding any taxes based on our income or assets.
4(C). Late payments incur interest at the rate of one and one-half percent (1.5%) per month, or the maximum legal rate allowed by law, whichever is less, on any outstanding balance for such time as the outstanding balance remains past due. Delinquent accounts may be suspended or cancelled, in our sole discretion; however, charges will continue to accrue until the account is cancelled and interest at the rate set forth above and reasonable late charges, may be added. You are responsible for our costs of collection if you are late in paying and we incur such costs. If your account is suspended or cancelled, and if we determine in our sole discretion, to allow reinstatement of your account, you may be billed an additional charge for such reinstatement, not to exceed $50.00. We are not responsible for any costs or expenses (e.g., for overdrawn accounts or exceeding credit card limits) resulting from charges billed by Jabba Communication Inc..
5. Monitoring; Termination; Service Interruptions.
5(A). We have no obligation to monitor use of any of the Services and do not actively monitor such use under normal circumstances, but we reserve the right to do so (and if necessary to disclose the results thereof) to satisfy any laws, rules, regulations, ordinances, judgments, orders or decrees; to comply with any governmental or legal demands or requests; to operate the Services; to enforce this Agreement; or to protect ourselves, our suppliers, owners or operators of any Location, or other customers, from losses or potential legal liability. Similarly, we do not exercise editorial control or review over the content of any website, electronic mail transmission, newsgroup or other material created or accessible over or through the Services. However, we may remove, block, filter or restrict by any means any materials, information or content that (a) in our sole discretion, we believe may be illegal, may subject us or third parties to liability or may violate this Agreement or (b) any Location owner/manager may instruct us to block or filter. We may also cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong, and you hereby release Jabba Communication Inc. from any liability arising out of any such cooperation. You agree to permit Jabba Communication Inc. or its representatives to access your account and records to investigate complaints or allegations regarding possible breach of this Agreement.
5(B). We reserve the right at any time in our sole discretion, with or without notice, to restrict, suspend or terminate access by one, some, or all persons or entities to all or any portion of the Services, the Site, or any associated equipment, hardware or software (the “System”) or to modify or discontinue all or any portion of the Services. Without limitation of the foregoing, Jabba Communication Inc. may in its sole discretion, interrupt the Services or the Site (or any portion of any thereof) for maintenance and other operational reasons. Where practicable, we will endeavor to post or otherwise provide notice of scheduled interruptions. We have no responsibility for the deletion of, or the failure to store, any materials, information or content (including messages or other communications) maintained or transmitted by use of the Services, the System or the Site (or any portion of any thereof). In no event will you receive any compensation or refund related to any of the matters described in this section nor will Jabba Communication Inc. be liable to you or any other person or entity for any such matters.
6. Information provided to the Site. Excluding any materials you provide to register to use the Services or Site (which are your confidential information), to the extent that you post any content to our Site, you hereby grant Jabba Communication Inc. a non-exclusive, royalty-free, perpetual, worldwide license to use the same either alone or as part of other works in any form, media or technology, whether now known or hereafter developed (including the right to reproduce, publish, distribute, perform, display, transmit, modify and prepare derivative works of the same) and to transfer, assign or sublicense any or all of such rights to others, and you waive all rights of attribution and integrity with respect to such materials, information or content. Note that any credit card numbers you supply for payment are not provided to us directly but rather are provided directly to third-party processors who will notify Jabba Communication Inc. of the applicable Services and amounts.
7. Ownership. As between you and us, Jabba Communication Inc. owns all right, title, and interest in and to the Services, the System, the Site and all portions thereof. Except as specifically set forth in Section 2 or Section 6, this Agreement does not grant either party any right, title, interest or license in or to any of the intellectual property of the other party. As between you and us, all materials, information or content included on the Site (or any log-in pages or ancillary pages supplied by us at any Location), including, but not limited to, text, graphics, logos, buttons, icons, images, software and look and feel of the Site (and log-in or ancillary pages), are our property and are protected by U.S. and international copyright, trademark and other laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of such materials, information or content without the express written permission of Jabba Communication Inc. is strictly prohibited.
8. WARRANTIES AND DISCLAIMERS.
8(A). You represent and warrant to Jabba Communication Inc. that you are over 18 years of age; that you have full power, authority and capacity to enter into and perform your obligations under this Agreement; that your entry into and performance of this Agreement has been duly authorized by all necessary action, and does not breach any law, rule, regulation, ordinance, judgment, order, decree or agreement applicable to you.
8(B). The Site, Services, System and any other products or services provided by or on behalf of Jabba Communication Inc. (including any suggestions, recommendations or support that may be provided to you) are provided on an “AS IS” AND “AS AVAILABLE” BASIS, without any warranty of any kind, and all warranties, whether express, implied or otherwise, including any implied warranties of fitness for a particular purpose, any warranties regarding title or against infringement, or any warranties that may arise from a course of dealing, are hereby expressly disclaimed. Further, we do not warrant, guaranty or make any representations regarding the use, or the results you will achieve from use, of any of the Services, the System, the Site, or any other products or services, including any guarantee that the same will run without interruption, will be free of errors or viruses, will have a particular speed or other attributes or that all errors will be corrected. No advice or information provided by us or any of our representatives will create any warranty. Without limitation of the foregoing, you understand and acknowledge that there is no guarantee of RF coverage to every point within any Location.
You understand and acknowledge that there are security, privacy and confidentiality risks inherent in wireless communications, Wi-Fi, and in the use of the internet, and by using the Site and the Services you assume all such risks. This includes but is not limited to hacker activity, viruses, malware and unauthorized access to systems and networks. You understand and acknowledge that we do not control any materials, information, content, products or services on the internet. The internet allows you to access unedited materials, some of which are sexually explicit or may be offensive. You are solely responsible for evaluating the accuracy, completeness, quality and usefulness of all materials, information, content, products or services provided through or accessed via, the Site or the Services and/or on the internet generally. In no event will Jabba Communication Inc. be liable to you or to any other person or entity for any claims arising out of or related, directly or indirectly, to the accessing (OR INABILITY TO ACCESS), downloading, installation, use, reproduction, purchase, receipt or distribution of materials, information, products or services through the Site, Services, or the internet generally.
9. LIMITATION OF LIABILITY AND DAMAGES.
IN NO EVENT WILL JABBA COMMUNICATIONS INC. OR ANY PERSON OR ENTITY AFFILIATED WITH IT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED,DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT, THE SERVICES, THE SYSTEM, THE SITE, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR TO BE PROVIDED BY OR ON BEHALF OF JABBA COMMUNICATIONS INC., INCLUDING DAMAGES RESULTING FROM INTERRUPTION OF SERVICE, LOSS OF DATA, LOSS OF REVENUE OR PROFIT, LOSS OF GOODWILL, OR LOSS OF TIME OR BUSINESS, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR IN TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER JABBA COMMUNICATIONS INC. OR ANY SUCH AFFILIATED PERSON OR ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT OR IN TORT—INCLUDING STRICT LIABILITY OR NEGLIGENCE—OR OTHERWISE), THE AGGREGATE LIABILITY OF JABBA COMMUNICATIONS INC. AND ANY PERSON OR ENTITY AFFILIATED WITH IT FOR DAMAGES FOR ANY CAUSE WHATSOEVER ARISING OUT OF OR RELATED, DIRECTLY OR INDIRECTLY, TO THIS AGREEMENT, THE SERVICES, THE SYSTEM, THE SITE, OR ANY OTHER PRODUCTS OR SERVICES PROVIDED OR TO BE PROVIDED BY OR ON BEHALF OF JABBA COMMUNICATIONS INC., WILL BE LIMITED TO THE GREATER OF (a) FIVE HUNDRED DOLLARS ($500) OR (b) THE AMOUNT ACTUALLY RECEIVED BY JABBA COMMUNICATIONS INC. FROM YOU WITH RESPECT TO THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY MAY NOT APPLY TO YOU. IN SUCH EVENT, JABBA COMMUNICATIONS INC.’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN ANY SUCH JURISDICTION.
10. INDEMNIFICATION .
You agree to and shall indemnify, hold harmless and, at the request of Jabba Communication Inc., defend (with counsel reasonably acceptable to Jabba Communication Inc.) Jabba Communication Inc. and its owners, officers, directors, employees, agents and representatives (“Jabba Communication Inc. Indemnitees”) from and against any and all claims, demands, charges, losses, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees) (collectively, “Losses”) incurred by any Jabba Communication Inc. Indemnitees with respect to, as a result of, based on or in connection with (i) any breach by you of any provision of this Agreement (including the Policies), and/or (ii) any claim that you (or any other user of your account) infringed or misappropriated any intellectual property, proprietary or other right of any person or entity. You will be obligated to indemnify the Jabba Communication Inc. Indemnitees for any of the foregoing regardless of whether the Loss in question arises in whole or in part from any negligent act or omission of a Jabba Communication Inc. Indemnitee, from strict liability in tort of a Jabba Communication Inc. Indemnitee, or otherwise, but in such event you will not be responsible for that portion of the Loss that results from a negligent act or omission of an indemnified person or entity.
We will notify you of any matter in respect of which a Jabba Communication Inc. Indemnitee seeks indemnification from you promptly after we become aware of such matter; provided, however, that any failure to give prompt notice of such matter will not relieve you from any of your obligations hereunder with respect to such matter unless (and then only to the extent that) such failure materially and adversely affects your ability to defend the claim or action arising out of such matter. In the event that a Jabba Communication Inc. Indemnitee requests that you defend it with respect to any Loss, you will assume the defense of such matter, provided that we will have the right to participate in the defense with counsel of our own choice (at our cost) and to approve any settlement or compromise, or any consent to entry of any judgment, unless such settlement, compromise or consent includes a release by claimants in favor of the Jabba Communication Inc. Indemnitee from all liability in respect to such matter and does not include any other material restrictions on the Jabba Communication Inc. Indemnitee. In the event that a Jabba Communication Inc. Indemnitee requests that you defend with respect to any Loss, you will keep Jabba Communication Inc. informed at all times as to the status of your efforts and consult with us concerning the same.
11. Termination.
11(A). You may terminate your account at any time, for any reason or for no reason, by providing notice to Jabba Communication Inc. either by mail or courier (see Section 15 below) or by email to Jabba Communication Inc. (which shall include your return email address) at supportJabba Communication Inc..com. A termination notice will be effective as soon as it is processed (and in all cases, not later than ten (10) days after the date it is received). You will still be responsible for payment for all usage through the date of termination. No monies will be refunded to you in the case of any such termination.
11(B). Your account, and any right to use or access any portion of the Services or the System, will automatically expire upon expiration of your Plan.
11(C). Upon a breach by Jabba Communication Inc. of any obligation under this Agreement that is not cured within five (5) days after you provide Jabba Communication Inc. with written notice of such breach, you may terminate your account immediately, effective upon notice by you to Jabba Communication Inc., in which event Jabba Communication Inc. will refund to you the amount (if any) of fees actually received by Jabba Communication Inc. from you for internet access services that are allocable to the period between the effective date of termination and the expiration of your Plan.
11(D). If for any reason you are dissatisfied with any portion of the Services, the System or the Site, your sole and exclusive remedy (subject to Section 11(C) above) is to discontinue using the Services, System and/or the Site, and you will not be entitled to any refund.
11(E). We may terminate this Agreement, your account, or your use of or access to all or any portion of the Services, the System and/or the Site, at any time in our sole discretion, including if Jabba Communication Inc. believes you have failed to pay any applicable charges when due or have otherwise breached any provision of this Agreement (including the AUP and any other Policies) or have furnished Jabba Communication Inc. with false or misleading information (“Cause”). If we terminate for Cause, you are not entitled to any refund of prepaid amounts for Services which you will not receive as a result of such termination.
12. Modification. We reserve the right to modify this Agreement or any Policies at any time, with or without giving you notice. You agree to review this Agreement and all Policies as posted on the Site from time to time and further agree that by continuing to use the Services, System or Site, you will be bound by such revised terms.
13. Law and Venue. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF TEXAS, EXCLUSIVE OF PRINCIPLES OF CONFLICTS OF LAWS. THE PARTIES HEREBY SUBMIT TO THE JURISDICTION OF THE FEDERAL AND/OR STATE COURTS OF TRAVIS COUNTY, TEXAS, U.S.A., AND HEREBY AGREE THAT THE APPLICABLE TRAVIS COUNTY STATE OR FEDERAL COURT SHALL BE A PROPER AND MANDATORY FORUM FOR THE DETERMINATION OF ANY DISPUTE ARISING HEREUNDER.
14. Miscellaneous.
a. We are independent contractors to you, and no partnership, joint venture, employer-employee, fiduciary, or principal-agent relationship exists between you and us. Neither party shall have any authority to bind the other party to any contract or obligation.
b. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision, and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party.
c. This Agreement constitutes the entire agreement between us and you concerning the subject matter of this Agreement and supersedes all prior agreements or understandings of the parties with respect to the same, whether communicated in written, oral, or electronic form.
d. You may not transfer or assign any of your rights or obligations under this Agreement, in whole or in part, to any other person or entity without the prior written consent of Jabba Communication Inc.. Any attempted transfer or assignment in violation of the foregoing shall be void. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties and their respective heirs, successors and permitted assigns.
e. Jabba Communication Inc. will not be responsible for delays, service interruptions, or other issues beyond its reasonable control.
f. If any provision of this Agreement, or its application to any person or entity or under any circumstances, is held to be or would be invalid or unenforceable to any extent under applicable law, then such provision will be deemed severed from this Agreement with respect to such person, entity or circumstance, without invalidating the remainder of this Agreement or the application of such provision to other persons, entities or circumstances, and a new provision will be deemed substituted in lieu of the provision so severed which new provision will, to the extent possible and enforceable, accomplish the intent of the parties as evidenced by the severed provision.
g. A printed version of this Agreement will be admissible in any judicial, arbitration or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
h. Any cause of action that you may have arising out of or related to this Agreement, the Services, the System, the Site or any other products or services provided or to be provided by or on behalf of Jabba Communication Inc. hereunder or on the Site must be commenced by you within a one (1) year period after the cause of action arose; otherwise, such cause of action by you is permanently barred.
i. The rights and remedies of Jabba Communication Inc. hereunder, including its rights to terminate your account or this Agreement, are not exclusive. In the event of a breach by you of any provision of this Agreement, Jabba Communication Inc. will be entitled to recover from you all costs and expenses, including reasonable attorney’s fees, incurred by it.
15. Notice. Except to the extent that this Agreement specifically provides for other means of notice or communication, all notices and other communications hereunder must be in writing and either delivered in person (including delivery by courier) or sent by mail, postage prepaid, registered or certified, return receipt requested, and addressed to the party entitled to receive such notice or communication at the address for such party referred to below or at such other address as such party shall designate in a written notice sent to the other party. The address for notice to the Company is 428 East Thunderbird Rd Suite 646, Phoenix AZ, 85022, (to the attention of “Cancellations” if you are simply terminating your services, or to the attention of “Legal Department” for all other purposes); and the initial address for notice to you is the address supplied by you in your most recent registration with respect to the Services. Except as may be specifically provided herein, any such notice will be deemed effective as of the date of delivery or, if mailed in the manner set forth above, three (3) days after the date of mailing. Jabba Communication Inc. may also provide notice to you by email or (except in respect of any claimed breach by you or indemnification obligation of yours) by posting notices or links to notices on the Site, and any such notice will be deemed effective as of the date of transmission or posting.
ACCEPTABLE USE POLICY This AUP was last updated on: 07/25/2016
This Acceptable Use Policy (“AUP”) is designed to ensure that Jabba Communication Inc., Inc., a Texas corporation (“us”, “our” or “we”) complies with applicable laws, that your use of the internet is lawful, and that your use of the internet doesn’t harass others or violate their rights. The terms “you” or “your” refers to the person using the Services and accepting this AUP. Clicking on “I accept”, “Connect”, or your use of our Wi-Fi internet access services (“Services”), means you agree to all the terms contained in this AUP, and constitutes your consent to this AUP and all policies referenced/linked from it. You acknowledge that we can update this AUP at any time by posting changes to it at this link or on our website at http://jabbacommunications.com/terms-conditions. Your continued use of the Services after any AUP updates constitutes your acceptance of such updates. You are also bound by our “User Agreement,” which is incorporated into this AUP by this reference and which is found here: http://jabbacommunications.com/terms-conditions.
In general, the following types of things are prohibited: using the Services in any way that is illegal, threatening or offensive to others; that is harmful to or interferes with our (or anyone else’s) network or systems; that interferes with the use or enjoyment of Services received by others; that infringes anyone’s intellectual property rights (such as copyrights or trademark); or that constitutes spam, a security risk or a violation of privacy. In addition, violating rules of websites you visit and services or apps you use is also considered a violation of this AUP. We have the right to limit or terminate your access to the Services for any AUP violation, including the ones set forth below. We will also cooperate fully with law enforcement.
Examples of Prohibited Actions. Using the Services to do any of the following things is strictly prohibited and is a violation of the AUP. We have sole discretion and right to interpret and apply this AUP. You understand that the list below is not intended to be exhaustive, but merely to show you the type of activities that are violations of this AUP:
• Illegal or Unlawful Use. Violating any federal, state, local, provincial, or international law, treaty, court order or other regulation/rule.
• Posting or transmitting any harassing or threatening material or content. This includes material that bullies, harasses or threatens the health or safety of others, or that is hateful, obscene, indecent, defamatory, fraudulent, libelous, treasonous, excessively violent or otherwise harmful.
• Inappropriate behavior with children including accessing or contributing to child pornography. We comply with all applicable laws pertaining to the protection of minors, including reporting cases of child exploitation of which we are advised to the National Center for Missing and Exploited Children. Report suspected violations of this paragraph to us at visit www.ncmec.org.
• Collecting personal data without permission.
• Reselling our Services without our express written authorization.
• Failing to comply with export control laws. Using the Services to export encryption software over the internet in violation of applicable laws.
• Intellectual Property Right Violations. Using the Services to engage in any activity (e.g., copying, publishing, transmitting, up- or down-loading), that infringes, misappropriates or otherwise violates any person’s privacy, artistic (moral rights) or publicity rights, and/or any rights protected by copyright, patent, trademark, or trade secret laws.
• Using the Services in a way that we believe adversely affects the ability of other people or systems to use the Services or the Internet. Using the Services for any activity which we believe to be harmful to others, or to our operations or reputation. This limitation applies whether or not the activity is illegal, and includes but is not limited to “denial of service” (DoS) attacks, running programs designed to defeat network inactivity timeouts, maintaining an open SMTP relay, operating a server (web, file, chat) or file-sharing system (such as BitTorrent or GNUtella) on our Services. Any such software on your computer must be disabled before using the Services.
• Spamming. Examples of spam include but are not limited to (a) any violation of the CAN-SPAM Act of 2003, (b) mail bombing (sending multiple unsolicited electronic mail messages); (c) sending chain mail; (d) sending unsolicited commercial e-mail, such as advertising or promotion of products or services or seeking charitable donations; (e) using deception in emails such as falsifying packet header, sender, or user information whether in whole or in part to mask the identity of the sender, originator or point of origin; (f) relaying mail through another site without permission, and/or (g) sending bulk electronic messages without identifying, within the message, a reasonable means of opting out from receiving additional messages from the sender, or ignoring opt-out requests, or using distribution lists where the listees have not opted to receive email from the sender.
• Violating security of the Services or other persons. Examples of prohibited security violations include but are not limited to: (a) unauthorized monitoring, scanning or probing of networks or other actions aimed at the unauthorized interception of data or harvesting of e-mail addresses; (b) hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any network, server, computer, access and control device, software or data without express authorization of the owner of the system or network; (c) impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.); (d) distributing or using tools (except for legitimate and authorized network security purposes) designed to compromise security (e.g., password guessing programs, packet sniffers or network probing tools); or (e) knowingly uploading or distributing viruses, spyware, Trojan horses, worms, root kits or any other similar programs that may damage the operation of another entity’s computer or network.
You are Responsible for Your Actions and Security. You are solely responsible for maintaining security of your systems and the devices that connect to and use our Services, including implementation of necessary patches and updates. You are also solely responsible for the content of any material posted, hosted, downloaded/uploaded, created, accessed or transmitted when you use the Services. We are not responsible for what you access using the Services. You are responsible for taking prompt corrective action(s) to remedy a violation of this AUP and to help prevent similar future violations.
Your Failure to Comply with this AUP; Monitoring Usage; Our Remedies. If you fail to comply with this AUP, we may immediately suspend your access to (up to permanently terminating your right to access) the Services, either with or without notice to you, and without refund to you of any price you may have paid for access. Termination/suspension is not our sole remedy. Any notification that we send pursuant to this AUP will be sent via e-mail to the e-mail address on file with us, or may be in writing to the customer’s address of record. It is your responsibility to promptly notify us of any change of contact information.
We don’t ordinarily proactively monitor the activities of our customers to ensure compliance with this AUP and/or the law, and we do not have any obligation to monitor content of any materials distributed or accessed using our Services. However, we reserve the right to monitor activity and content of any materials transmitted over our Services/network as necessary to comply with applicable laws, regulations or other governmental or judicial requests; or to protect our network and customers, or as part of maintenance or operations. If we discover or are alerted to violations or potential violations of this AUP, we will take whatever measures we deem necessary to stop or prevent those violations, including the actions described in this AUP and the User Agreement. Our decisions are final in connection with any such violations. We may refer potential violations to proper authorities, and we assume no obligation to inform you that your information has been provided; in some cases, we may be prohibited by law from giving such notice. You are responsible to us for any and all expenses and losses we incur (including legal expenses) resulting from your failure to comply with this AUP. In addition, the User Agreement includes additional indemnification provisions in our favor.
Incident Reporting and DMCA Copyright Notifications. Any complaints (other than claims of intellectual property infringement—which are covered in the next paragraph) regarding violation of this AUP by any of our customers should be directed to We have no obligation to investigate possible copyright infringements with respect to materials transmitted by any users of the Services. However, we will process valid notifications of claimed infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. The designated agent to receive notifications of claimed infringement as described in DMCA subsection 512(c)(3) is: Jabba Communication Inc., Compliance Department, 428 East Thunderbird Rd Suite 646, Phoenix AZ, 85022. Phone: 480-300-6908. Email: supportjabbacom.com.