Terms & Conditions for Hosting @ Jumplog.Net
1.1
These conditions (”Jumplog hosting conditions”) shall
apply to the hosting service ("the Service") made available by this website (”Jumplog”)
and such physical individual or legal entity that subscribes to this
service (”the Subscriber”).
1.2
Jumplog’s service offerings will from time to time
consist of different Services. Jumplog’s service portfolio from time to
time is described at the Jumplog web page (jumplog.net) and can further
be detailed by Jumplog’s customer service.
1.3
For each particular Service, specific terms and conditions may apply,
as further advised by Jumplog (“Specific Terms”).
1.4
At this time, Jumplog is providing two types of
accounts to which the Subscriber may be connected, a free account or
paid accounts. These accounts are subject to different the Terms as
advised on this web page from time to time. The free account may,
however, only be used for Paralog generated content, and may further
contain elements of advertisement. A subscriber may only have one free
account at a time.
1.5
The Subscriber is automatically subscribed to the Free Service
by obtaining a valid license of Paralog v5.0 and by activating the Service through Paralog (”the
Order”). An agreement pertaining to the Services will be considered
binding when Jumplog electronically has confirmed the Order (“the
Agreement”). The Agreement consists of the Order and these Terms. The
Subscriber may at any time subscribe to additional Services by
submitting additional Orders to Jumplog.
1.6
In the event of a conflict between the agreement
documents, they shall prevail in the following order: 1. The Order, 2.
These Terms. These Terms can be downloaded from the Jumplog web page at
http://jumplog.net/legal.html.
1.7
The Subscriber shall, where applicable, be of legal age
as defined in applicable legislation.
1.8
The Service will be made available at such time as
defined by Jumplog. In the event that the Subscriber is a consumer, the
Consumer may choose to have the Service made available after the end of
the 14 day cooling off period, if requested by the Consumer. Otherwise,
the Services will be made available immediately upon Jumplog’s
confirmation of the subscription.
1.9
If the Service has not been made available within 14
working days from the date of the Order, the Subscriber is entitled to
terminate this Agreement, and Jumplog will then repay all fees paid by
the Subscriber in relation to the Service.
2
Equipment, software and connection
2.1
The Services to be provided hereunder requires the
Subscriber to be connected to the Internet, and having the necessary
equipment. Such connection and equipment shall be arranged, maintained
and paid for by the Subscriber.
2.2
The Subscriber may not use any software in relation
to the Services which may cause disturbances in the Services, such as
malicious scripts or similar. Should such disturbances occur, the
Subscriber should immediately remove such software.
2.3
The Subscriber is aware of that upgrading or changes
to the Services may result in changes to the technical requirements for
utilising the Services, and that the Subscriber is responsible for
meeting such requirements from time to time.
2.4
Jumplog is constantly developing and improving its
Services, technically and commercially. Jumplog reserves the right to
carry out upgrades or change the Services and/or the equipment and
platforms used by Jumplog to provide the Services. Jumplog undertakes to
inform the Subscriber – through its web page – in reasonable time prior
to launching any major upgrades or changes to the Services. In the
event that such a upgrade or change would significantly limit the
possibilities of the Subscriber to continue to use the Service/-s as
intended, the Subscriber shall be entitled to terminate this Agreement
within 14 days after such a upgrade or change was launched. The
Subscriber shall be considered to accepted the upgrade and/or change
after the lapse of the above mentioned 14 day period, or if the
Services are used by the Subscriber within that time.
3.1
The Subscriber shall pay the fees set forth in the Order and on the Jumplog web page.
3.2
In the event that the Subscriber is of the opinion
that the fees charged are wrong, the Subscriber shall notify Jumplog
within reasonable time, normally within two months after the due date
of such payment. If no such notification is received by Jumplog within
the aforesaid time, the Subscriber shall no longer be entitled to raise
any objections in relation thereto.
4.1
Jumplog will not sell any personal data or otherwise allow it to
be used by any third parties for advertising purposes.
4.2
By providing the personal data necessary to enter
into this Agreement, Subscribers who are physical individuals shall be
considered to have given consent to the treatment of personal data set
forth below. It is voluntary to provide the personal data to Jumplog,
but the Subscriber acknowledges that the Agreement cannot be executed
unless the Subscriber provides mandatory information (including, where
applicable, personal identification numbers).
4.3
Jumplog is responsible for its customer register.
Information will be registered pertaining to the Subscriber as a basis
for the Subscriber’s connection to the Services, the provision of the
Services, agreement administration, customer profiling and market
analyses (such as reasons for the Subscriber’s cancellation of the
Agreement, and information about the utilised services), for market and
product development purposes, marketing purposes and payment of fees.
Jumplog shall be entitled to register information about usage of the
Services for the purposes of being able to provide the Services, for
calculation of fees and if needed to abide to decisions by governmental
agencies and courts.
4.4
For the purposes of providing the Services and in
order to manage the Agreement (e.g. payment of fees), personal data may
be transferred to parties co-operating with Jumplog, and to other
countries, also outside the EC area. Jumplog may also use such
information in conjunction with other registers, to the extent
necessary to maintain its customer register updated.
4.5
The Subscriber may at any time revoke the
Subscriber’s consent to use the personal data as aforesaid. The
Subscriber acknowledges that Jumplog shall be entitled to cancel the
Agreement if the consent is revoked.
4.6
The Subscriber is entitled to request information
from Jumplog in relation to the processing of the personal data, and
also to receive of a copy of the personal data pertaining to the
Subscriber held by Jumplog.
5
Transfer of the subscription
5.1
The Subscription may not be transferred, nor may the
Subscriber give anyone else the right to use the Subscriber’s
subscription to the Service/-s, without the consent by Jumplog. The
Subscriber may further not transfer any rights or obligations stemming
out the Agreement.
5.2
In the event of the death of the Subscriber, the
estate may cancel this Agreement, through a written notification to
Jumplog. The cancellation will take effect within two weeks after
receipt of such notification.
5.3
Jumplog is entitled to transfer its rights and
obligations under the Agreement to an entity that will fulfil Jumplog’s
obligations in relation to the Subscriber.
6
Disturbances and interruptions
6.1
Upon occurrence of disturbances or interruptions
relating to the Services, Jumplog shall commence error diagnostics
within reasonable time after notification from the Subscriber.
Normally, Jumplog will commence such error diagnostics at the latest
after one working day after notification. Jumplog is not under
obligation to correct any errors that are caused by circumstances
outside Jumplog’s reasonable control, such a disturbances relating to
the internet service provider, or equipment or software not included in
the Services.
7.1
Jumplog will not provide any telephone support.
However, Jumplog will to a limited extent provide e-mail support and
support through Jumplog’s web forum.
7.2
Jumplog will continuously maintain its software, its
equipment and the Jumplog web page. Jumplog reserves the right to
temporarily shut down the Services during such maintenance. In the
event that such shut down will last longer than five hours, Jumplog will
normally notify its Subscribers in advance, through e-mail or messages
posted on its web page.
8.1
The Subscriber may only use the Service/-s for its own use.
8.2
The Subscriber shall be solely responsible for its
(and its affiliates’, subsidiaries’ and representatives’) use of the
Services. In the event that that the Subscriber becomes aware of use of
the Services in conflict with the provisions of this Agreement, it
shall immediately ensure that such prohibited use ceases, and shall
further notify Jumplog.
8.3
The Subscriber is not allowed to use the Service/-s
to store and/or use executable files including without limitation .exe
and disk images including without limitation .ing, .bin, .cue, .iso,
.mrg, .toas, and .dmg files.
8.4
The Subscriber shall abide to applicable legislation
and rules, instructions from Jumplog, and generally accepted ethical and
moral standards when using the Service/-s. The Subscriber may not use
the Service/-s such that Jumplog or any third party is inflicted with
any damage. In the event that the Subscriber becomes aware of that
Service/-s is used in violation of the a foregoing, the Subscriber
shall immediately notify Jumplog and take such reasonable steps as can
be required in order to ensure that such usage ceases.
8.5
The Subscriber may not without proper authorisation
access or try to access other Service/-s or other resources through the
Service/-s, nor without authorisation try to access, use, destroy,
distort or disclose any information belonging to Jumplog or any third
party.
8.6
The Subscriber shall indemnify and hold Jumplog
harmless for any damage inflicted by the Subscriber, or any affiliate,
subsidiary or representative of the Subscriber.
8.7
If Jumplog has reasonable cause to suspect violations
against applicable legislation or rules, Jumplog’s instructions, this
Agreement or generally accepted ethical and/or moral standards, Jumplog
shall be entitled, without prior notice and without assuming any
liability whatsoever, to disconnect the Subscriber from the Service/-s.
Jumplog shall further be entitled to take the necessary measures needed
in order to prevent further distribution of prohibited information,
including without limitation by accessing the Service accounts of the
relevant Subscriber and deleting or transferring such information.
Jumplog shall further be entitled to access such information that are
stored, processed or distributed through the Service/-s and to transfer
the same to the relevant governmental agencies or courts.
8.8
The Subscriber shall be solely responsible for all
information the Subscriber stores, processes or distributes through the
Service/-s. The Subscriber undertakes to ensure that the Subscriber
does not distribute information such that it will be considered to be
an infringement of any third party’s intellectual property rights, or
which can be considered to constitute slander or libel, encourages
criminal activities, or contains information that could be classified
as child pornography, violence or discrimination against race or sex.
9
Intellectual property rights, links
9.1
All rights to the Jumplog Service/-s are vested with Jumplog or its rights holders.
9.2
The Subscriber or its rights holders, as the case may
be, will remain the owner of any data provided by the Subscriber in
relation to the Service/-s.
9.3
Jumplog shall be entitled to create links to the
Subscriber’s web pages, and/or user-generated content, unless the
Subscriber has notified Jumplog that it will not allow such links.
10
Limitation of liability
10.1
Aside from what is explicitly set forth herein,
Jumplog shall not be liable for any failures, errors, interruptions or
disturbances in relation to the Service/-s.
10.2
Jumplog shall not be liable for loss of data or information.
10.3
Jumplog shall not be liable for any other indirect or
consequential losses in relation to this Agreement. Under no
circumstances shall Jumplog’s aggregate liability hereunder exceed the
fees paid by the Subscriber during the six months immediately preceding
the occurrence of the damage.
10.4
Any claims for damages against Jumplog in relation to
this Agreement shall be made within reasonable time after the damage
occurred. Reasonable time shall normally not exceed three months. If no
such claims are made within the aforementioned time, Jumplog’s liability
shall cease.
10.5
Jumplog shall not be liable for any damages in
relation to circumstances that reasonably are outside Jumplog’s control,
including without limitation circumstances constituting force majeure,
and acts and omissions of third parties.
10.6
Jumplog has provided other companies access to its web
page, where such companies are marketing and selling their products and
services. Further, Jumplog’s web page contain links to other web pages
that are not controlled by Jumplog. Jumplog is not responsible for such
third parties, their products or services, and explicitly disclaims any
liability in relation thereto.
11.1
This Agreement will become valid when approved by
Jumplog as set forth in section 1 above, and shall thereafter remain in
force during such time as is detailed in the Order.
11.2
The Agreement may be terminated by either party at
any time, upon a one month notice period. Jumplog shall be entitled to
retain any fees paid by the Subscriber, regardless of the cause of such
termination, unless otherwise set forth herein.
11.3
Termination of the Agreement or a particular Service shall be made in writing.
12
Termination, disconnection and cooling-off period
12.1
Jumplog shall be entitled to immediately and until
further notice disconnect the Subscriber from the Service/-s, or
otherwise limit or reduce the Subscribers’ rights to use the
Service/-s, in the event that the Subscriber fails to comply to the
provisions set forth herein, or otherwise significantly misused the
Service/-s. Regardless of such disconnection, the Subscriber shall in
any event be liable to pay any and all fees in accordance with this
Agreement.
12.2
Jumplog is entitled to immediately terminate this
Agreement in relation to the Service/-s in the event that the
Subscriber fails to comply to the provisions set forth herein, or
otherwise significantly misused the Service/-s.
12.3
In the event of such failure to comply to the
provisions set forth in the Agreement is of less significance, Jumplog
shall be entitled to terminate the Agreement with immediate effect,
should the Subscriber fail to make the necessary corrections within 14
days after having received a written notice to that effect.
12.4
Jumplog shall be entitled to terminate this Agreement
with immediate effect, in the event that the Subscriber is declared
bankrupt or it otherwise can be assumed that the Subscriber is
insolvent.
12.5
The Subscriber is entitled to terminate this
Agreement in the event that Jumplog have not fulfilled its obligations
to initiate error correction measures as set forth herein, within
reasonable time.
12.6
The Subscriber is entitled to withdraw from the
Agreement in the event that the Subscriber notifies Jumplog, within the
14 day cooling-off period immediately after Jumplog’s acceptance of the
Order. The right to withdraw will how ever not apply in the event that
Jumplog has offered the Subscriber to commence providing the Service/-s
during the cool-off period and such an offer has been accepted by the
Subscriber, in which case the Subscriber shall be considered to have
waived its rights in this respect.
12.7
In the event that Jumplog has not started to provide
the Service/-s within reasonable time, and provided that the Subscriber
has reminded Jumplog in relation thereto, the Subscriber shall be
entitled to terminate this Agreement with immediate effect.
12.8
In the event that a Subscriber does not prolong the
Subscriber’s agreement with Jumplog pertaining to the Service/-s, or,
for free accounts, fails to show any activity on the account for a
period of excess of six months, and provided further that the
Subscriber fails to remove the contents on the Subscriber’s account,
Jumplog shall be entitled to remove such contents and close the account.
However, Jumplog shall, prior to such removal, make reasonable efforts
to contact the Subscriber over the e-mail address provided by the
Subscriber and available to Jumplog. The Subscriber shall then have the
option to prolong the Subscriber’s agreement with Jumplog (to the extent
applicable subject to payment of the then current fees), or, as the
case may be in relation to free accounts, to reactivate the account, or
remove the contents. If the Subscriber has not either prolonged the
agreement with Jumplog (or reactivated the account), or removed the
contents within 30 days after such e-mail notification, Jumplog shall be
entitled to remove the contents without assuming any liability in
relation thereto.
13.1
Jumplog shall be entitled to make such changes to the
Service/-s that are not significant for the continued use of the
Service/-s, without prior notice to the Subscriber.
13.2
Jumplog shall be entitled to change the price and/or
other terms and conditions applicable to the Service/-s. The current
terms and conditions shall always be available on Jumplog's web page. In
the event of that significant changes, Jumplog shall inform the
Subscriber through e-mail or through postings at its web site 30 days
prior to such change.
13.3
If a change in accordance with section 13.2 consists
of increased fees, or would entail changes that would be materially
detrimental to the Subscriber, Jumplog shall notify the Subscriber
through e-mail, and the Subscriber shall then be entitled to terminate
the Agreement, with effect from when the change is effected. If the
Subscriber uses the Service/-s after such changes having been
implemented, such use shall be deemed to constitute an acceptance of
the change.
14
Applicable law and disputes
14.1
This Agreement and all circumstances pertaining to it shall
exclusively be governed by the substantial laws of Germany.
14.2
Any disputes arising out of this Agreement or the
relationship between the parties hall be solved through amicable
negotiations in good faith between the parties. In the event that the
parties cannot agree, either party may refer such a dispute to the
courts of Germany.
14.3
If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
Valid as of March 1st, 2008