| Use of your account is set by the following terms
and conditions of service. If you agree, click agree at the bottom to continue
with your order
Terms and conditions of service
version 2.2, May 1998
This agreement is between JCLE, Lda. (herinafter referred to as
"JCLE"), of Av. das Forças Armadas, 2A - 2ºa, 1600-082 Lisboa, Portugal and
the client (herinafter referred to as "Client") as specified in the order form.
Where JCLE is an information provider connected to the Internet. JCLE
offers storage and transfer services over the Internet through access to web servers.
Where, Client seeks to utilize JCLE's server for its own purposes;
Where both parties acknowledge that the Internet is neither owned nor
controlled by any one entity; therefore, JCLE can make no guarantee that any given user
shall be able to access the server at any given time. JCLE shall make every good faith
effort to ensure that the server is available as widely as possible throughout the
Internet, and with as little service interruption as possible;
The parties agree as follows;
I. Financial Arrangements
- Client agrees to a three month contract, beginning upon the receipt by
JCLE by mail, facsimile transmisson, or ratified electronic transmission, of a valid order
form. Client agrees to pay JCLE for services rendered pursuant to the payment schedule in
the order form.
- Setup and first three months payment shall be due within 30 days of
account ordering.
- This agreement will automatically renew for successive three month
periods unless cancelled. Client will receive an invoice for charges and payment is due by
due date noted on invoices.
- JCLE reserves the right to charge for excess charges encountered in
collecting payment, for example bounced cheque fees, collection agency fees, and court
costs.
II. Taxes
- JCLE shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client or JCLE's server. Client agrees
to take full responsibility for all taxes and fees of any nature associated with products
or services sold.
III. Material and Products
- Client will provide JCLE with material and data in a condition that is
"server-ready", that is, in a form requiring no additional manipulation on the
part of JCLE. JCLE shall have no responsiblilty to validate this information for content,
correctness or usability.
- JCLE will exercise no control whatsoever over the content of the
information passing through the network. JCLE makes no warranties or representations of
any kind, whether expressed or implied for the service it is providing. JCLE also
disclaims any warranty of merchantability or fitness for particular purpose and will not
be responsible for any damages that may be suffered by the Client, including loss of data
resulting from delays, non-deliveries or service interruptions by any cause or errors or
omissions of the Client. Use of any information obtained by way of JCLE's staff or agents
is at the Client's own risk, and JCLE specifically denies any responsibility for the
accuracy or quality of information obtained through its services. Connection speed
represents the speed of a connection to and do not represent guarantees of available end
to end bandwidth. JCLE expressly limits its damages to the Client for any
non-accessibility time or other downtime to the pro-rata monthly charge during the system
unavailability. JCLE specifically denies any responsibilities for any damages arising as a
consequence of such unavailability.
- In the event that this material is not "server-ready",
including material judged to be seriously impairing server performance, JCLE may, at its
option and at any time, reject this material, including but not limited to after it has
been put on the Server. JCLE agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the material to satisfy the
needs and/or requirements of JCLE. If the Client fails to modify the material, as directed
by JCLE, within a reasonable period of time, which shall be determined between the parties
themselves, the Agreement shall be deemed to be terminated.
- The judgement of JCLE or its employees is final in determining the
server-ready status of material.
IV. Trademarks & Copyrights
- Client warrants that it has the right to use the applicable trademarks,
if any, and grants permission for JCLEs servers to carry such trademarks
V. Hardware, Equipment & Software
- The client is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access JCLE. JCLE makes no
representations, warranties or assurances that the client's equipment will be compatible
with services JCLE may provide.
VI. Age
- The client certifies that he or she is at least 18 years of age.
VII. Internet Etiquette
- Users may not send unsolicited bulk electronic mail to others, either
through our servers, or advertising or referring to accounts or addresses on our servers.
- Users may not send inappropriate messages to mail distribution lists or
USENET newsgroups advertising or referring to accounts or addresses on our servers.
- Users may not use our servers to impersonate another person or
misrepresent their identity, or attempt to misrepresent authorization to act on behalf of
others or JCLE. All messages transmitted via JCLE should correctly identify the sender;
users may not alter the attribution of origin in electronic mail or newsgroup posting.
- Users must not use JCLEs systems to attempt to undermine the
security or integrity of any computer systems or networks and must not attempt to gain
unauthorized access, or to launch denial of service attacks.
VIII. Termination or Cancellation
- This Agreement may be terminated by either party, without cause, by
giving the other party written or facsimile notice, after the three month minimum contact
period. Notwithstanding the above, JCLE may terminate service under this Agreement at any
time, without penalty, if the Client fails to comply with the terms of this Agreement.
- This Agreement may be terminated by the customer within 30 days of
sign-up, and all monies paid will be refunded, except in circumstances which have caused
exceptional loss to JCLE (eg, high bandwidth usage).
IX. Limited Liability
- Client expressly agrees that use of the Server is at Client's sole risk.
Neither JCLE, its employees, affiliates, agents, third party information providers,
merchants, licensers or the like, warrant that the Server service will not be interrupted
or error free; nor do they make any warranty as to the results that may be obtained from
the use of the Server service or as to the accuracy, reliability or content of any
information service or merchandise contained in or provided through the Server service,
unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall JCLE, its offices,
agents or any one else involved in creating, producing or distributing JCLE's Server
service be liable for any direct, indirect, incidental, special or consequential damages
that result from the use of or inability to use the Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects, delays in
operation, or transmission or any failure of performance, whether or not limited to acts
of God, communication failure, theft, destruction or unauthorized access to JCLE's
records, programs, services or hardware. Client hereby acknowledges that this paragraph
shall apply to all content on JCLE's Server service.
- Notwithstanding the above, Client's exclusive remedies for all damages,
losses and causes of actions whether in contract, tort including negligence or otherwise,
shall not exceed the aggregate dollar amount which Client paid during the term of this
Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose
- Client may only use JCLE's Server for lawful purpose. Trans- mission of
any material in violation of any Federal, State or Local regulation is prohibited. This
includes, but is not limited to copyrighted material, material legally judged to be
threatening or obscene, or material protected by trade secrets.
XI. Indemnification
- Client agrees that it shall defend, indemnify, save and hold JCLE
harmless from any and all demands, liabilities, losses, costs and claims, including
reasonable attorneys' fees, ("Liabilities") asserted against JCLE, its agents,
its customers, servants officers and employees, that may arise or result from any service
provided or performed or agreed to be performed or any product sold by Client, its agents,
employees or assigns. Client agrees to defend, indemnify and hold harmless JCLE against
Liabilities arising out of (i) any injury to person or property caused by any products
sold or otherwise distributed in connection with the Server; (ii) any material supplied by
Client infringing or allegedly infringing on the proprietary rights of a third party;
(iii) copyright infringement and (iv) any defective product which Client sold on the
Server.
XII. Reselling
- Client may resell JCLE's server space and network connectivity at the
rates publicised, if client holds a standard price virtual domain with JCLE. Client is
responsible for all customer contact and support, and JCLE will make no attempt to contact
or solicit business from Client's contact. Under no circumstances should the resold
account holder contact JCLE directly for support - in this circumstance the account may
revert to full-price status and resold status would be forefit for this account. Client
will be responsible for ensuring that any third party presence complies with all terms of
this agreement.
This Agreement constitutes the entire understanding of the parties.
This Agreement shall be governed and construed in accordance with English law and comes
under its exclusive jurisdiction.
I agree to the above terms and conditions...
NB: These link to a secure server for online ordering. Access to
the secure server is slower than to our standard web site as data has to be encrypted and
then de-encrypted. Please be patient. :-)
I do not agree to the above terms and
conditions
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1991-2007 JCLE, Lda. All Rights Reserved.
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