Terms Of Service

The use of services provided DigitalJetstream LLC., parent company respectively [hereafter referred to as "DigitalJetstream LLC."] constitutes agreement to these terms. BY ACTIVATING OR USING ANY OF DIGITALJETSTREAM SERVICES OR PARTNER SERVICES, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

* VOIP *

DigitalJetstream LLC. provides phone services over broadband connection. There is an important difference between DigitalJetstream service and the phone service provided over a traditional phone line -- this difference is that the 9-1-1 dialing feature with DigitalJetstream LLC. has important limitations that you should be aware of and that you advise others that may use this service in your residence or business.

YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE VOIP SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING A VALID PHYSICAL ADDRESS.

IF YOU MOVE THE LOCATION OF WHERE YOU USE THE SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE WILL BE SENT TO YOUR LOCATION.

If you lose power or there is a disruption to power at the location where DigitalJetstream LLC. is used, neither DigitalJetstream LLC. VoIP nor the 9-1-1 dial feature will function until power is restored. You should also be aware that after a power failure or disruption, you may need to reset or reconfigure the DigitalJetstream LLC. device prior to utilizing the service, including the 9-1-1 dialing feature.

If your Internet connection or Broadband Service is lost, suspended, terminated or disrupted, neither DigitalJetstream LLC. nor the 9-1-1 dial feature will function until the Internet connection or Broadband Service is restored.

If your DigitalJetstream LLC. account is suspended or terminated, the DigitalJetstream LLC. service outage will prevent the 9-1-1 dialing feature from functioning. There may be a greater possibility of network congestion and/or reduced speed in the routing of a 9-1-1 dialed calls utilizing DigitalJetstream LLC. as compared to traditional 911 dialing over traditional public telephone networks. You should purchase an auxiliary power supply in case of power failure to continue the operation of VoIP and Internet services for a specific period of time. The time will be determined by the rating of the battery backup you purchase.

You are responsible for the accuracy and the completeness of the address that you submit to DigitalJetstream LLC. for the location at which DigitalJetstream LLC. will be used and to which emergency service will be sent in the event that you use the DigitalJetstream LLC. 9-1-1 dialing service. You are responsible for updating and of the advising us of any and all changes to the address or location at which DigitalJetstream LLC. will be used. DigitalJetstream LLC. uses a third party to route the 9-1-1 dialed calls to the applicable local emergency response center or to the national emergency calling centers. We make no warranties or guarantees as to whether, or the manner in which, 9-1-1 dialed calls that you make are answered or responded to by the local emergency response center or by the national emergency calling centers. We disclaim any and all liability or responsibility in the event that the third party data used to route 9-1-1 dialed calls is incorrect or yields an erroneous result. Neither DigitalJetstream LLC., its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents may be held liable for any claim, damage or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to DigitalJetstream LLC. 9-1-1 dialing service unless such claims or causes of action arise from DigitalJetstream LLC.'s gross negligence, recklessness or willful misconduct. You agree to release, indemnify, defend and hold harmless DigitalJetstream LLC., its officers, directors, stockholders, parent corporation, its affiliated or subsidiary corporations, employees, representatives or agents and any other service provider who furnishes services to you from any and all claims, damages, losses, suits or actions, fines, penalties, cost and expenses (including, but not limited to, attorney fees) or any liability whatsoever, whether suffered, made, instituted or asserted by you or by any other party or person, for any personal injury to or death of any person or persons, or for any loss, damage or destruction of any property, whether owned by you or others, or for any infringement or invasion or the right of privacy of any person or persons, caused or claimed to have been caused, directly or indirectly, by the operation, failure or outage of services, incorrect routing, or use of, or inability of a person to use, DigitalJetstream LLC. 911 dialing feature or service or access emergency service personnel.

Equipment

DigitalJetstream LLC. provides all residential customers with a telephone adapter and softphone solution to use to connect to our service. This device remains the property of DigitalJetstream LLC. and must be returned to cancel service. Users are not authorized to update the firmware, load third-party firmware, or otherwise tamper with DigitalJetstream LLC.-owned devices. If a user attempts any of these things and damages the device, they will be responsible for the purchase of the device for $259.95. Internet service provided to you from a major third party carrier we partner with will have their own cost(s) for the equipment not returned or services not paid.

Users must not attempt to reset the device to a factory default setting by using the "reset button" on the back of the device. If a user resets the device using this reset button, DigitalJetstream LLC. will NOT issue a replacement and the device will need to be shipped back to DigitalJetstream LLC. at the user's expense for reprograming. A $75 administrative fee will be charged for this programming. Service credits will NOT be issued for the time the service is down due to the user-initiated device reset.

The use of any other third party devices (such as ATAs) or software (such as Asterisk) is strictly prohibited. Users who attempt to circumvent this restriction face immediate termination of their service. DigitalJetstream LLC. reserves the right to remotely access and manage any devices connected to our network.

Miscellaneous

DigitalJetstream LLC. reserves the right to refuse to provide service to anyone at its sole discretion with or without reason. DigitalJetstream LLC. also reserves the right to terminate accounts with or without reason at its sole discretion. If DigitalJetstream LLC. terminates service for any reason other than a Terms of Service violation, the customer will receive a full prorated refund for any prepaid service. If DigitalJetstream LLC. terminates service for Terms of Service violation, the user is not entitled to any refund.

Support

DigitalJetstream LLC. provides support for using our service and provided hardware only. We do not provide troubleshooting or support for routers, computers or internet connections. The provided phone adapter has a built in router is designed to be connected directly to a modem and then your existing router or computer connected to the built in router. If you connect the DigitalJetstream LLC. adapter to an existing router, we cannot provide troubleshooting for your router if service does not work properly.

Service Limitations

Due to the nature of all VoIP services, DigitalJetstream LLC. service is not designed to be used for data connections with modems, home security systems, fax machines and related devices. It is optimized for voice only and you may experience issues and inconsistencies when using DigitalJetstream LLC. service in non-voice scenarios.

Residential Use Only

DigitalJetstream LLC. services are intended for normal residential or light home office use only. Any other use is strictly prohibited. DigitalJetstream LLC. uses automated systems to monitor usage to detect patterns which are typical of non-residential use such as autodialing, continuous call forwarding, frequent, excessively long calls to single numbers, etc. The DigitalJetstream LLC. Freedom plan is designed for customers with average usage of under 3,000 minutes per month. Accounts exceeding 3,000 minutes per month on a regular basis may be subject to review and reclassification. DigitalJetstream LLC. shall have sole discretion to determine whether service is being used for residential purposes or not. DigitalJetstream LLC. does not provide business services at this time.

Cancellations / Refunds / Returns

All cancellations must be made online at My Account Login.
Login and submit a Support Ticket requesting service cancellation. We require 30 days prior notice to cancel your account.
Note: You give DigitalJetstream LLC.. permission to terminate service as soon as you submit the form. Your account is subject to closure and immediate termination after submitting.

For more information regarding cancellation procedure, please email: This email address is being protected from spambots. You need JavaScript enabled to view it..

Before a cancellation can be processed, users must return the provided DigitalJetstream LLC. phone adapter. If a user wishes to cancel service without returning the DigitalJetstream LLC. phone adapter for reconfiguration, a $259.95 fee for the reconfiguration of the adapter will be charged.

Billing / Payment Information

Accounts renew automatically unless canceled. This is a month to month service unless agreed upon in writing to hold costs stationary for a fixed term. Accounts will renew on or around the anniversary of your initial order based on your selected term. All DigitalJetstream LLC. services are prepaid at least one month in advance. You must have a credit card on file to use our services, DigitalJetstream LLC. will bill you automatically when charges are due. If within 24 hours past the due date and monthly charges are not paid, your account will be suspended and a $35.00 reconnection fee will be assessed per service account suspended.

Customers are responsible for all international calling usage charges and premium calls (such as 411) billed to their accounts. DigitalJetstream LLC. will bill your credit card automatically for these charges automatically. These charges may be delayed at our discretion to be billed when the invoice generates for your monthly service charges. The charges could be billed at any point immediately following the completion of such calls.

Annual promotional plans for residential service will renew at standard pricing after the first 12 months. Promotional pricing is applicable to the first year only unless otherwise stated. Standard pricing is $375 Annually ($31.25 Monthly).

If you do not have a credit card on file and use another accepted payment method such as PayPal which may require manual payments to be made, it is your responsibility to ensure that you have a positive account balance at all times. DigitalJetstream LLC. is a prepaid service and does not provide a grace period for billing. If invoices are not paid by the due date, your account may be subject to immediate disconnected and a $35 late fee.

Right To Refuse Service

Privacy

DigitalJetstream LLC. utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. DigitalJetstream LLC. makes no claims with regards to the privacy of voice packets transmitted over public networks.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold DigitalJetstream LLC. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DigitalJetstream LLC. , its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless DigitalJetstream LLC. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with DigitalJetstream LLC. ; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

Binding Arbitration

By using any DigitalJetstream LLC. service, you agree to submit to binding arbitration. If any disputes or claims arise against DigitalJetstream LLC. or its subsidiaries, its agents, its employees, its officers, or its owners, such disputes will be handled by an arbitrator of DigitalJetstream LLC. 's choosing. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Ohio. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause.

Disclaimer

DigitalJetstream LLC. shall not be responsible for any damages you or your business may suffer. DigitalJetstream LLC. makes no warranties of any kind, expressed or implied for services we provide. DigitalJetstream LLC. disclaims any warranty or merchantability or fitness for a particular purpose. Since we use the public internet to delivery service, we cannot guarantee uptime or availability of service.

Change Of Terms

We may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on our website. These changes will become binding and effective the date they are posted to our website. No further notice by us is required upon your continued use of the Service. The Agreement as and when posted supersedes all previously agreed to electronic and written terms of service.

* WEBSITE HOSTING *

These Terms of Service (the "Agreement") are an agreement between DigitalJetstream LLC., ("DigitalJetstream LLC." or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by DigitalJetstream LLC. and of the DigitalJetstream website creation and building services (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Website Creation

A large percentage of website owners use templates to start and continue their online presence. We suggest this option rather than creating a custom website. Custom websites will cost you more and be subjected to no refunds as the time spent developing your website is all coded and labor costs are not refunded.

Your website content is your responsibility. You must communicate with our staff for revisions and requests through our support ticketing system. This system is monitored by our staff and is our mechanism to communicate the string of requests and answers with a time stamp. The time stamp and support ticket system is there to protect you and us from misunderstandings through verbal communications or language barriers. DigitalJetstream LLC. requires the content needed to build your website and is submitted through this system. All documented communications to us will be in this system. Please do not use the general email mailbox of This email address is being protected from spambots. You need JavaScript enabled to view it. as it is not monitored constantly and will result in delays. We will accept emails through the general email in some circumstances but you will waive the right and forfeit any refunds because we are unable to track your responses and our teams work.

When ticketing support is not responded from the customer within 96 hours the support ticket will close and a corresponding email sent informing the customer that ticket has been closed for a non response in the 96 hour time period. Not using our support ticketing system will result in delays and extended website creation and deployment. By not using this system as described above you forfeit all claims to refunds.

Account Eligibility

You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

By registering for or using the Services, you represent and warrant that:
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. DigitalJetstream LLC. is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the DigitalJetstream LLC. Billing and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The Service and any data you provide to DigitalJetstream LLC. is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall DigitalJetstream LLC. be held liable for any lost or missing data or files resulting from a transfer to or from DigitalJetstream LLC. You are solely responsible for backing up your data in all circumstances.

DigitalJetstream LLC. Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "DigitalJetstream LLC. Content"), are the proprietary property of DigitalJetstream LLC. or DigitalJetstream LLC.'s licensors. DigitalJetstream LLC. Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any DigitalJetstream LLC. Content. Any use of DigitalJetstream LLC. Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any DigitalJetstream LLC. Content. All rights to use DigitalJetstream LLC. Content that are not expressly granted in this Agreement are reserved by DigitalJetstream LLC. and DigitalJetstream LLC.'s licensors.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to DigitalJetstream LLC. that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to DigitalJetstream LLC. a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, DigitalJetstream LLC. does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

DigitalJetstream LLC. exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through DigitalJetstream LLC.'s computers, network hubs and points of presence or the Internet. DigitalJetstream LLC. does not monitor User Content. However, you acknowledge and agree that DigitalJetstream LLC. may, but is not obligated to, immediately take any corrective action in DigitalJetstream LLC.'s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that DigitalJetstream LLC. shall have no liability due to any corrective action that DigitalJetstream LLC. may take.

Third Party Products and Services

Third Party Providers
DigitalJetstream LLC. may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
DigitalJetstream LLC. does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. DigitalJetstream LLC. is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
DigitalJetstream LLC. as Reseller or Licensor
DigitalJetstream LLC. may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-DigitalJetstream LLC. Products"). DigitalJetstream LLC. shall not be responsible for any changes in the Services that cause any Non-DigitalJetstream LLC. Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-DigitalJetstream LLC. Products, either sold, licensed or provided by DigitalJetstream LLC. to you will not be deemed a breach of DigitalJetstream LLC.'s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-DigitalJetstream LLC. Product are limited to those rights extended to you by the manufacturer of such Non-DigitalJetstream LLC. Product. You are entitled to use any Non-DigitalJetstream LLC. Product supplied by DigitalJetstream LLC. only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-DigitalJetstream LLC. Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-DigitalJetstream LLC. Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by DigitalJetstream LLC. ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

Prohibited Persons (Countries, Entities, And Individuals).

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, DigitalJetstream LLC. also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

Account Security and DigitalJetstream LLC. Systems.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. DigitalJetstream LLC. may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. DigitalJetstream LLC. may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by DigitalJetstream LLC. of an issue, we reserve the right to leave access to services disabled.
DigitalJetstream LLC. reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

HIPAA Disclaimer.

We are not "HIPAA compliant." for website hosting. We do offer other services that are HIPAA Compliant

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. DigitalJetstream LLC. does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that DigitalJetstream LLC. is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact This email address is being protected from spambots. You need JavaScript enabled to view it..

Compatibility with the Services

You agree to cooperate fully with DigitalJetstream LLC. in connection with DigitalJetstream LLC.'s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, DigitalJetstream LLC. is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by DigitalJetstream LLC. to provide the Services, which may be changed by DigitalJetstream LLC. from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. DigitalJetstream LLC. does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing / Payment Information

Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal.
Unless otherwise provided, you agree that until and unless you notify DigitalJetstream LLC. of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. This is a month to month service unless agreed upon in writing to hold costs stationary for a fixed term.
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to DigitalJetstream LLC.'s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, DigitalJetstream LLC. may suspend or terminate your account and pursue the collection costs incurred by DigitalJetstream LLC., including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. DigitalJetstream LLC. will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact DigitalJetstream LLC. directly after you make a late payment to reactivate the dedicated server.

DigitalJetstream reserves the right to terminate any account that has been in a suspended or deactivated state for thirty (30) days which will result in the loss of all data stored on the account. Upon termination of the services, user content, websites, and all other data will be deleted.
Domain Payments.
It is solely your responsibility to notify DigitalJetstream LLC.'s Billing department via a support ticket created from Support Ticket Login after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and DigitalJetstream LLC. is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. DigitalJetstream LLC. may report any such misuse or fraudulent use, as determined in DigitalJetstream LLC.'s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes.
You have thirty (30) days to dispute any charge or payment processed by DigitalJetstream LLC.. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Payment Card Industry Security Standard Disclaimer.
DigitalJetstream LLC. complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. DigitalJetstream LLC. does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

Money-back Guarantee.

Dedicated Servers.
There are no refunds on dedicated servers. The thirty (30) money-back guarantee does not apply to dedicated servers.
Managed shared, VPS and Reseller Services.
DigitalJetstream LLC. offers a thirty (30) day money-back guarantee for DigitalJetstream LLC.'s managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate
your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting.
This money-back guarantee only applies to fees paid for hosting services and does not apply to domains. administrative fees,
install fees for custom software or other setup fees, or to any fees for any other additional services. Your refund will be processed in the next billing cycle and could take up to 90 days to receive the refund.

Cancellations and Refunds.

Domain Renewals.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify DigitalJetstream LLC.'s
Billing department via a support ticket created from Support Ticket Login to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Domain Name Fees.
If your plan includes a free domain name and you cancel within 1 year, our standard fee of $19.99 for the domain name (and any
applicable taxes) (the "Domain Name Fee") will be deducted from your refund.

Payment Method.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Money-back Guarantee.
If an account with a ten (10) day money-back guarantee is purchased and then cancelled within the first ten (10) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the DigitalJetstream LLC. Support Team (the "Refund Request") within thirty (30) days of such termination or cancellation ("Notice Period"), receive a partial refund of all basic shared, VPS and reseller hosting fees previously paid by you to DigitalJetstream LLC. for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the DigitalJetstream LLC. Support Team. Website creation refunds are handled by the time worked on the website and third party setup and execution expenses. Hosting refunds will only be issued for basic shared, VPS and reseller hosting services and will not include domains, administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money-Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at DigitalJetstream LLC.'s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
Cancellation Process.
You may terminate or cancel the Services by giving DigitalJetstream LLC. by written notice via the support ticket requesting cancellation. Support Ticket Login. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) DigitalJetstream LLC. may, in our sole discretion, refund all pre-paid fees for any hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation request and have confirmed all necessary account information for you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." DigitalJetstream LLC. will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at: 1.866.607.5070
We require all cancellations to be done through the online support ticket system in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. If customer does not follow the above described protocols and cancels outside the support ticketing system, then no conditions will be met to insure customers database, website files or any other third party additions provided by us will be adhered to. It is the customers responsibility to seek information for their files prior to cancellation of their website. There is a fee associated with transferring the closed account files based on the size of the website and and databases therein. Contact a support representative for cost.
Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
Domains.
Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and DigitalJetstream LLC. is not responsible for any change in exchange rates between the time of payment and the time of refund.
Termination
DigitalJetstream LLC. may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm DigitalJetstream LLC. or others or cause DigitalJetstream LLC. or others to incur liability, as determined by DigitalJetstream LLC. in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, DigitalJetstream LLC. shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, DigitalJetstream LLC. may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

CPU, Bandwidth and Disk Usage

Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. DigitalJetstream LLC. expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. DigitalJetstream LLC. may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of DigitalJetstream LLC.'s terms and conditions.

Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.

Permitted CPU and Disk Usage.
All use of hosting space provided by DigitalJetstream LLC. is subject to the terms of this Agreement and the Acceptable Use Policy.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

Uptime Guarantee

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of DigitalJetstream LLC. and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit Support Ticket Login to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller Terms and Client Responsibility

Resellers shall ensure that each of their clients complies with this Agreement.
Resellers are responsible for supporting their clients. DigitalJetstream LLC. does not provide support to clients of DigitalJetstream LLC.'s resellers. If a reseller's client contacts DigitalJetstream LLC., DigitalJetstream LLC. reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. DigitalJetstream LLC. will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
DigitalJetstream LLC. is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify DigitalJetstream LLC. from and against any and all claims made by any User arising from the reseller's acts or omissions.
DigitalJetstream LLC. reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by DigitalJetstream LLC..
Resellers in the DigitalJetstream LLC. Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

Shared (non-reseller accounts)

Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

Dedicated Servers

DigitalJetstream LLC. reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. DigitalJetstream LLC. reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. DigitalJetstream LLC. will not be liable for any loss of data resulting from such deletion.

Price Change

DigitalJetstream LLC. reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by DigitalJetstream LLC. through the user billing tool or through other methods of communication, including notices sent or posted by DigitalJetstream LLC.

Coupons

Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

Limitation of Liability

IN NO EVENT WILL DIGITALJETSTREAM LLC. ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF DIGITALJETSTREAM LLC. IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIGITALJETSTREAM LLC.'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIGITALJETSTREAM LLC. FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification

You agree to indemnify, defend and hold harmless DigitalJetstream LLC., our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by DigitalJetstream LLC. and will be held at the AAA location chosen by DigitalJetstream LLC. in Ohio. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DigitalJetstream LLC. will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and DigitalJetstream LLC. alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against DigitalJetstream LLC. in violation of this paragraph, you agree to pay DigitalJetstream LLC.'s reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.

Independent Contractor

DigitalJetstream LLC. and User are independent contractors and nothing contained in this Agreement places DigitalJetstream LLC. and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Ohio. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Disclaimer

DigitalJetstream LLC. shall not be responsible for any damages your business may suffer. DigitalJetstream LLC. makes no warranties of any kind, expressed or implied for the Services. DigitalJetstream LLC. disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by DigitalJetstream LLC. or our employees.

Backups and Data Loss

Your use of the Services is at your sole risk. DigitalJetstream LLC.'s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at DigitalJetstream LLC.'s sole discretion. DigitalJetstream LLC. does not maintain backups of dedicated accounts. DigitalJetstream LLC. is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on DigitalJetstream LLC.'s servers.

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, DigitalJetstream LLC. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. DIGITALJETSTREAM LLC. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. DigitalJetstream LLC. AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

DigitalJetstream LLC. may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings.

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

DigitalJetstream LLC. may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the DigitalJetstream LLC. website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
DigitalJetstream LLC. reserves the right to modify, change, or discontinue any aspect of the Services at any time.

Severability

If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver

No failure or delay by you or DigitalJetstream LLC. to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of DigitalJetstream LLC.. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. DigitalJetstream LLC. may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

* BACKUP & DISASTER RECOVERY *

DigitalJetstream LLC. and its affiliates (collectively, “Company”), directly and indirectly through its resellers, distributes and licenses certain applications, utility programs, interfaces and other computer software (“Software”), which may from time to time be bundled with computer hardware leased, sold or otherwise provided along with the Software (“Hardware”). Company also provides cloud services and hosted services, consisting of, inter alia, electronic data transmission to and from data storage sites (“Service”). The Software, Hardware and Service shall collectively be referred to herein as the “Products”.

By downloading, installing or using the Software or Service or any portion thereof, the user of such Software or Service acknowledges and agrees to the terms and conditions of this Infrascale End User License Agreement (the “Agreement”) on its own behalf (in the case of an individual) or on behalf of a company or other legal entity (“Legal Entity”) for which such user represents and warrants that it has the legal authority to bind (“you” or “user”). If you do not agree to the terms and conditions set forth in this Agreement, do not download, install or use the Software or Service.

General

(a) Limited License. Subject to the terms of this Agreement, Company grants you a limited, personal, non-exclusive, non-sublicensable and non-transferable license to: (i) download, install and use the Software on one or more computers in the manner prescribed herein, provided that the Software is for your use for the sole purposes for which the Software is designed; and (ii) provided you possess a valid subscription to the Service, use the Service on one or more computers in the manner prescribed herein, provided that the Service is for your use for the sole purposes for which the Service is designed.

(b) Ownership. The Software and Service are licensed, not sold, to you by Company for use only under the terms of this Agreement. Company retains ownership of the Software and Service, and reserves all rights not expressly granted to you including without limitation any and all worldwide copyrights, patents, trade secrets, trademarks, mask works, proprietary and other intellectual property rights (collectively, “Intellectual Property Rights”) in or associated with the Software and Service.

(c) Copies; Use. You may not, under any circumstance, make copies of or attempt to duplicate, whether directly or indirectly, the Software or Service. In addition, you may not, directly or indirectly, do any of the following: (a) remove any copyright, trademark or other proprietary notices affixed to the Software or Service; (b) alter, change, repurpose or modify the Software or Service, other than as is provided for within the re-branding functionality; (c) reverse engineer, disassemble, decompile or attempt to derive source code from the Software or Service; (d) prepare derivative works, improvements or intellectual property based on the Software or Service; (e) use the Software or Service for any unlawful, immoral, unethical or unreasonable purpose or activity; or (f) cause or intend the Software or Service to be used in any way or manner that may violate the Intellectual Property Rights or other personal rights (including, but not limited to, privacy rights and ownership rights) of any other person or entity. At any time during the term of this Agreement or thereafter, Company shall have the right to audit your use of the Software and Service to confirm compliance with this Agreement. This section shall survive any termination or expiration of this Agreement.

Billing / Payment Information

Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal.
Unless otherwise provided, you agree that until and unless you notify DigitalJetstream LLC. of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. This is a month to month service unless agreed upon in writing to hold costs stationary for a fixed term.
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to DigitalJetstream LLC.'s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, DigitalJetstream LLC. may suspend or terminate your account and pursue the collection costs incurred by DigitalJetstream LLC., including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. DigitalJetstream LLC. will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact DigitalJetstream LLC. directly after you make a late payment to reactivate the dedicated server.
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. DigitalJetstream LLC. may report any such misuse or fraudulent use, as determined in DigitalJetstream LLC.'s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes.
You have thirty (30) days to dispute any charge or payment processed by DigitalJetstream LLC.. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Payment Card Industry Security Standard Disclaimer.
DigitalJetstream LLC. complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. DigitalJetstream LLC. does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

Software Updates

In its sole and absolute discretion, Company may, from time to time, offer enhancements, updates, upgrades or other modifications to the Software and Service (collectively, “Updates”) to you, including, but not limited to, new versions of the Software or Service. Unless stated otherwise, you may accept or reject such Updates at your sole discretion and at your own exclusive risk. While Company may offer such Updates, unless expressly agreed otherwise in writing, Company is not required and is under no obligation to provide any maintenance or services to you, including without limitation any support or Updates. Unless explicitly stated otherwise in writing, the terms of this Agreement will govern any Updates provided by Company that replace, modify or supplement the Software and/or Service. Company may make Updates available by automatic download, whereby you agree to accept Updates upon your download of the Software.

Privacy and Terms of Use

Prior to providing any personal information to Company about you or using the Products, you agree to review the Company Privacy Policy and Terms of Use for the applicable Products, as may be amended from time to time, each of which are incorporated herein by reference. By agreeing to this Agreement, you hereby acknowledge and agree that you have reviewed the Company Privacy Policy and Terms of Use and you expressly consent to be bound thereby.

Additional Representations, Warranties and Covenants

You hereby expressly represent, warrant, covenant and agree that: (a) you have full capacity, right and authority to enter into and perform this Agreement; (b) your use of the Products will not, directly or indirectly, infringe (in whole or in part) any Intellectual Property Rights, personal or privacy rights of any third party or Company; (c) your use of the Products will in all manners and respects comply with any and all applicable laws, rules and regulations; (d) your use of the Products will not in any manner, directly or indirectly, disparage, defame, discredit or harm Company or its reputation or goodwill; (e) your entry into this Agreement and/or use of the Products does not breach any of your obligations to any third party, breach any contract or agreement or violate any applicable rule, law or regulation; (f) your entry into this Agreement and use of the Products is for a bona fide purpose and you are not using the Products to distribute any services or software for an improper, illegal, immoral or unethical purpose.

User Legal Compliance

You agree to comply, at your sole and own expense, with any and all applicable laws, ordinances, regulations and codes, including (without limitation) the identification and procurement of required permits, certificates, licenses, insurance, approvals and inspections, needed as a result of or in connection with this Agreement. You will immediately report to us any and all suspected or actual violations of this Agreement of which you are or should be aware.

Company Disclaimer of Legal Compliance

Company does not provide any representations or warranties as to user’s compliance with applicable laws, ordinances, regulations and codes, including (without limitation) the identification and procurement of required permits, certificates, licenses, insurance, approvals and inspections, needed as a result of or in connection with this Agreement.

Cancellation Of Service

We require 30 days prior notice to cancel your account. You must submit a support ticket and request cancellation of services. Submit Ticket Here. This Agreement shall remain effective and in full force and effect until expiration or earlier terminated by you or Company at any time upon notice to the other party. Upon expiration or termination, you agree to discontinue any and all use of the Software and Service and destroy, delete or uninstall any and all copies of the Software in your possession, whether on your computer or on any media or otherwise, and immediately cease using the Service. Following termination or expiration of the Agreement, Company may, in its sole and absolute discretion, choose to at any time erase, destroy and permanently delete any and all of your data, materials, content, information and files stored with, transmitted or backed up through Company. The following Sections shall survive any termination or expiration of this Agreement: Sections 1(c), 8, 9-11 and 13-15.

Intellectual Property

Other than the limited licenses expressly set forth in Section 1(a), nothing in this Agreement is intended to grant to you any rights including, without limitation, any Intellectual Property Rights of Company. All Intellectual Property Rights shall remain the sole and exclusive property of the Company and you shall gain no interest, right or title therein by entering into this Agreement or using the Software or Service. Further, nothing contained on or through the Software or Service, or in this Agreement, should be construed as granting (whether express, by implication, estoppel or otherwise) any license or right to you to use any Intellectual Property Rights or other proprietary information displayed in or through the Software or Service. The absence of a product or service name or logo anywhere in the text of the Software or Service does not constitute a waiver of any Intellectual Property Rights with respect to the name, logo, Software or Service.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS AND ALL INFORMATION, SERVICES, CONTENT AND MATERIALS THEREON AND THEREWITH ARE PROVIDED AND DISTRIBUTED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER. OTHER THAN AS EXPRESSLY SET FORTH HEREIN, COMPANY MAKES NO WARRANTIES OF ANY KIND WHATSOEVER (WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE) TO YOU OR ANY OTHER THIRD PARTY. FURTHER, COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ALL PRODUCTS OR OTHERWISE RELATED TO THIS AGREEMENT. MOREOVER, YOU AGREE THAT COMPANY WILL HAVE ABSOLUTELY NO LIABILITY WHATSOEVER WITH RESPECT TO ANY CLAIM RELATED TO, IN CONNECTION WITH OR ARISING FROM THE PRODUCTS (OR THEIR USE, SUITABILITY, EFFICACY OR PERFORMANCE), EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTLY OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SPECIFICALLY, BUT WITHOUT LIMITATION, THE COMPANY DOES NOT WARRANT THAT: (a) THE INFORMATION, SERVICES, MATERIALS OR CONTENT ON THE SOFTWARE OR SERVICE IS CORRECT, ACCURATE OR RELIABLE; (b) THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICE OR THROUGH THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; OR (c) ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HEREBY ACKNOWLEDGE THAT USE OF THE PRODUCTS IS AT YOUR SOLE AND ABSOLUTE RISK IN YOUR OWN DISCRETION. YOU AGREE THAT YOU WILL MAINTAIN A PRIMARY ELECTRONIC FILE OF YOUR COMPLETE DATA AND MATERIALS AND WILL NOT USE THE SOFTWARE OR SERVICE AS A SUBSTITUTE THEREFORE.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ITS REPRESENTATIVES WILL UNDER ANY CIRCUMSTANCES CREATE A WARRANTY, UNLESS SPECIFICALLY SET FORTH IN AN EXPRESS WRITING SIGNED BY AN OFFICER OF THE COMPANY. SHOULD THE SOFTWARE OR SERVICE PROVE DEFECTIVE OR ERRONEOUS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR OR CORRECTION AND WE WILL HAVE ABSOLUTELY NO LIABILITY WITH RESPECT THERETO.

Limitation of Liability

Notwithstanding anything to the contrary contained herein, other than pursuant to a party’s indemnification obligations under Section 11 below, in no event shall either party: (i) be liable to the other party (regardless of the theory of liability) or any third party for any indirect, special, consequential, incidental or punitive damages (including without limitation for lost profits or revenues), even if such party was informed of the possibility of such damages, related to, in connection with or arising from this Agreement or the Products; or (ii) have total cumulative liability hereunder (regardless of the theory of liability) related to, in connection with or arising from this Agreement or the Products exceeding ten dollars ($10.00). Any claim by you arising out of or relating to this Agreement must be brought within one (1) year after the occurrence of the event giving rise to such claim. You expressly acknowledge and agree that the limitations of liability set forth in this Section 10 are an essential element of this Agreement, and in the absence of such limitations, the economic terms of this Agreement would have been substantially different than provided herein and/or the parties would not have entered into this Agreement.

Indemnification

You will, at your own expense, defend, indemnify and hold harmless the Company, its parents, subsidiaries, affiliates and agents, and their respective officers, directors, shareholders, agents, representatives, contractors, employees and customers (each, an “Indemnitee”) from and against any and all loss, cost, expense, damage, claim, demand or liability (“Claim”), including without limitation reasonable attorneys’ and professional fees and costs, and the cost of settlement, compromise, judgment or verdict incurred by, or demanded of, an Indemnitee, that, directly or indirectly, arises out of, results from or occurs in connection with: (a) your negligence, bad faith or willful misconduct; (b) your breach of any of the provisions of this Agreement, the Privacy Policy or the Terms of Use; (c) your violation of any applicable law, rule or regulation; (d) infringement by you of any Intellectual Property Rights of any third party, (e) unlawful disclosure, use or misappropriation of a trade secret by you; or (e) your use of (or inability to use) the Products in any manner whatsoever. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses, and promptly reimburse our reasonable costs and expenses (including, without limitation, reasonable attorneys’ and professional fees) in connection with, relating to or arising from our defense in such matter. No settlement, compromise or adjudication of any Claim to which indemnity applies hereunder shall be effective or permitted without the express and prior written consent of the Company.

Modifications of the Agreement

The Company may change any term of this Agreement on a prospective basis, and modify, add or discontinue any aspect, content or feature of the Software or Service, at its sole discretion. Your continued use of the Software or Service after any such modifications or changes are posted will constitute your complete and unequivocal acceptance of any such modifications or changes to the Agreement. You agree to periodically review this Agreement to ensure that you are in compliance with any ongoing changes or modifications that are made to the Agreement. To the extent that an arbitrator or court of applicable jurisdiction determines that applying any changes to these Terms would render this an illusory or unenforceable contract, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the date of such changes, to the extent necessary to avoid these terms being deemed illusory or unenforceable.

Equitable Relief

Notwithstanding anything to the contrary contained in the General Section below, you expressly agree that any use of the Products by you that violates or is inconsistent with the terms of this Agreement (in whole or in part) may: (i) cause Company irreparable damage, and (ii) equitable or injunctive relief (including, but not limited to, specific performance) may be necessary to protect our rights or interests. Accordingly, you agree that Company may in any such instance, in its sole and absolute discretion and judgment, obtain any suitable injunctive or other equitable relief from any court of competent jurisdiction (without posting any bond) and that you will not assert any objection thereof (including, but not limited to, a claim that such relief is inappropriate or that the harm alleged by Company is not irreparable).

Sole Remedy

If you are dissatisfied for any reason with the Software or Service or the terms and conditions of this Agreement, your sole and exclusive remedy (whether at law or equity) shall be to discontinue your use of the Software and Service and terminate this Agreement as described herein.

General

(a) Governing Law. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of California, without regard to the conflicts of law provisions thereof. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to the Agreement.

(b) Disputes. By agreeing to these terms, you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. If Company’s efforts to informally resolve any complaints, disputes or disagreements fail, each party expressly agrees that any controversy, dispute or claim (“Litigation”) arising out of, relating to or in connection with, this Agreement or the Software or Service, or the alleged breach thereof, shall be settled by confidential binding arbitration in Los Angeles County, California, in accordance with the applicable rules of the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) shall be binding on the parties and may be entered in any court having jurisdiction worldwide. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the Software or Service or this Agreement must be filed or arbitrated by you within one (1) year after such claim or cause of action arose or be forever barred. In the event of any Litigation, both parties expressly and irrevocably consent to the exclusive venue and personal jurisdiction in Los Angeles County, California. In the event of any Litigation arising from, related to or in connection with this Agreement or the Software or Service, the prevailing party thereof shall be entitled to recover its reasonable expenses, including without limitation attorneys’ fees and the costs of litigation and arbitration. By downloading, installing and/or using the Software or Service, you agree to binding arbitration. Company will make every reasonable effort to informally resolve any complaints, disputes or disagreements that you may have with Company. The agreement to arbitrate in this Section 15(b) shall not prevent Company from seeking equitable relief or other redress in any court of competent jurisdiction as it relates to confidential information or as otherwise set forth in Section 13.

(c) Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, then: (i) such provision will be enforced to the maximum extent permissible under the circumstances so as to effectuate the original intent of the parties with respect to such provisions; and (ii) the remaining provisions of this Agreement will be unaffected thereby and will continue to remain in full force and effect.

(d) Force Majeure. Company will not be liable for any failure to perform acts due to causes beyond its control including, without limitation, electrical outage, internet service provider downtime, power failure, fire, flood, strike, civil disturbance, terrorism, war or Acts of God. If any such circumstances occur, Company shall use commercially reasonable efforts to attempt to provide reasonable notice to you of the same. The time for Company to perform hereunder will be extended for a period of time equal to the duration of the delay or default caused thereby.

(e) Notices. Unless otherwise stated herein, any notices to Company hereunder shall be in writing and be delivered by mail, facsimile or electronic mail to the persons and at the address as set forth below, and shall be deemed given upon (i) three (3) business days after mailing if by certified or registered first class postal mail, return receipt requested, or (ii) confirmation of transmission in the case of facsimile or electronic mail. Either party may change its address for receipt of notice to the other party by delivering written notice of such change pursuant to this Section 15(e).

DigitalJetstream LLC.
16781 Chagrin Boulevard Suite#174
Shaker Heights, OH 44120
United States of America
Attn: Legal Notices

(f) Assignment. Neither this Agreement, nor any rights or obligations hereunder, may be assigned or otherwise transferred by you without the prior written consent of Company; Company may assign this Agreement in whole or in part to an acquirer of all or substantially all of its business or assets that are the subject matter of this Agreement without written consent. Any attempted assignment by a party in violation of this Section 15(f) shall be null and void ab initio. Subject to the foregoing, this Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, executors and permitted assigns.

(g) Assent. Your written or electronic signature is not necessary to manifest your assent or acceptance of this Agreement, and your use of the Software or Service as discussed herein shall in and of itself constitute such assent and acceptance, which acceptance shall constitute a valid and legally binding agreement.

(h) Construction. The article, section and paragraph headings used in this Agreement are for convenience only and shall not be used in interpreting or construing this Agreement. This Agreement shall be interpreted as having been drafted together by each of the parties and duly reviewed by each party with the assistance of its respective legal counsel.

(i) Relationship. Nothing in this Agreement will be construed to constitute an agency, partnership, joint venture or employer-employee relationship between the parties. Neither party has the power, and will not hold itself out as having the power, to act for or in the name of, or to bind, the other party. Nothing contained in this Agreement should be construed to give either party the power to direct or control the day-to-day activities of the other party. The provisions of this Agreement are intended solely for the benefit of Company and you, and shall create no rights or obligations enforceable by any other party.

(j) Waiver. Failure by Company to enforce any right, remedy or provision hereof will not be deemed a waiver of the same or any future enforcement of that or any other right, remedy or provision. A waiver by Company of any right, remedy or provision hereof shall only be effective if it is in an express writing that is signed by a duly authorized officer of Company.

(k) Entire Agreement. This Agreement contains the entire understanding between Company and you with respect to the subject matter hereof and supersedes any and all prior and contemporaneous agreements or understandings (whether oral, written, implied or otherwise) between the parties with respect to the subject matter hereof.

(l) Export Restrictions. You agree to comply with applicable export and re-export laws, regulations and restrictions (including but not limited to end-user, end-use, and destination restrictions) issued by the United States, and any country where the Software or Service is to be delivered, installed or used in the performance of this Agreement. You shall disclose all pertinent information to Company required for Company to comply with any applicable export laws or regulations.

* SMS MESSAGING *

CTA (call to action) will appear on printed material with keywords and short code. Ex: “Text [KEYWORD] to short code to join the DigitalJetstream LLC. Mobile Offer Club and receive special offers on your phone. Get 30 msg/mo. Message & data rates may apply. Send or text STOP to opt-out. Send or text HELP for help or CALL 1-855-285-0895. Consent not required for purchase. We work with all major providers: AT&T, Verizon Wireless, Sprint, Nextel, T-Mobile®, Boost, Virgin, Midwest Wireless, Cincinnati Bell, U.S. Cellular®, Alltel, Virgin Mobile, MetroPCS, Cricket, Cincinnati Bell, Tier 2/3 Carrier Group, Rural Carrier Group and Associated Carrier Group.

Billing / Payment Information

Prepayment.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Auto-renewal.
Unless otherwise provided, you agree that until and unless you notify DigitalJetstream LLC. of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. This is a month to month service unless agreed upon in writing to hold costs stationary for a fixed term.
Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to DigitalJetstream LLC.'s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, DigitalJetstream LLC. may suspend or terminate your account and pursue the collection costs incurred by DigitalJetstream LLC., including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. DigitalJetstream LLC. will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact DigitalJetstream LLC. directly after you make a late payment to reactivate the dedicated server.
Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. DigitalJetstream LLC. may report any such misuse or fraudulent use, as determined in DigitalJetstream LLC.'s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes.
You have thirty (30) days to dispute any charge or payment processed by DigitalJetstream LLC.. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
Payment Card Industry Security Standard Disclaimer.
DigitalJetstream LLC. complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. DigitalJetstream LLC. does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

Overview

This website is operated by DigitalJetstream LLC.. Throughout the site, the terms “we”, “us” and “our” refer to DigitalJetstream LLC.. DigitalJetstream LLC. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.

By visiting our site, purchasing something from us, registering an account, or using our services, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including and without limitation to users who are browsers, vendors, customers, merchants, and/or contributors of content.

This Terms of Service (the “Agreement”) is entered into as of the effective date of enrollment with Service Provider. To become eligible to use Service Provider’s services under this agreement, Customer must review and accept the terms of this agreement by clicking on the “I Accept” button or other mechanism provided.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF THE SITE, REGISTERING AN ACCOUNT, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES. IF THESE TERMS OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.

Customer may not access the Services if Customer is Service Provider’s direct competitor, except with Service Provider’s prior written consent. In addition, Customer may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Any new content, features, or tools which are added to the current website or services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

This agreement was last updated on November 20th, 2017.

Changes to Terms of Service:

Service Provider reserves the right, from time to time, with or without notice to Customer, to change these Terms of Service in its sole and absolute discretion. The most current version of the Terms of Service will supersede all previous versions. The most current version of these Terms of Service can be accessed by clicking on the “Terms of Service” link located at the bottom of the Website. Customer should periodically visit the Terms of Service page on the Website so Customer is aware of the terms and conditions that apply to Customer use of the Service Provider’s Service and the Website. Customer continued use of the Service Provider’s Service and the Website will represent Customer acceptance of the most current Terms of Service.

1. Definitions

“Customer” means the individual accepting the terms of this Agreement or the entity such individual represents, as applicable.

“Customer Application” means a software application that interfaces with the Service Provider’s Services and include any services (web-based or other services) made available by Customer through that application.

“Customer Data” means data and other information made available to Service Provider through the use of the Service Provider’s Services under this Agreement, including but not limited to: SMS records, SMS message content, End-User information or responses, emails, email responses, or any data received, transmitted or stored in the Service Provider’s Service.

“Documentation” means all of the instructions, code samples, the SDK’s provided, on-line help files and technical documentation made available by Service Provider for the Service Provider’s Services.

“Emergency Services” means services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.

“End User” means an individual who interacts with any of Service Provider’s services.

“Rate Schedule” means the schedule of fees client enrolled in at time of signing or has been modified through signed change orders.

“Services” means the products and services that are ordered by Customer under a free trial or a Rate Schedule and made available online by Service Provider, including associated offline components, as described in the Documentation.

“User” means an individual who is authorized by Customer to use a Service, for whom Customer has ordered the Service, and to whom Customer (or Service Provider at Customer’s request) have supplied a user identification and password. Users may include, for example, Customer’s employees, consultants, contractors and agents, and third parties with which Customer transacts business.

“Service Provider’s Acceptable Use Policy” means certain terms and conditions relating to the use of the Service Provider’s Services, as such may be updated from time to time.

“Service Provider’s API” means an application programming interface for the Service Provider’s Services (or feature of the Service Provider’s Services) provided to Customer by Service Provider.

“Service Provider’s Properties” means the Service Provider’s website, Service Provider’s API, Documentation, and technical support made available by Service Provider to Customer in connection with the Service Provider’s Services.

“Service Provider’s Services” means the services provided by Service Provider to Customer under this Agreement, including all programs, features, functions and report formats, and subsequent updates or upgrades of any of the foregoing made generally available by Service Provider, including without limitation the Service Provider’s APIs and any software provided to Customer in connection with its use of the Service Provider’s Services.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Statement” means the monthly account of charges due to a customer based on the Rate Schedule and usage of services.

“Originating Number” means the number that the SMS originates from when sending an SMS to an end user. Originating Number is often used synonymously with the term Sender Address. Short Codes, Long Codes, Fixed Originators, and Alphanumeric Originators are all examples of Originating Numbers.

2. Service Provider’s Customer Program and Services

2.1 Online Service Terms. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2.1 Provision of Services. Service Provider will make the Service Provider’s Services available to Customer and, as applicable subject to the terms and conditions of this Agreement, Service Provider grants Customer a non-exclusive, revocable right to:

(a) Use the Documentation and Service Provider’s APIs as needed to develop Customer Applications;

(b) Offer and make the Service Provider’s Services available to Users in connection with the use of each Customer Application, in accordance with the Documentation;

(d) Resell the service if applicable according to Rate Schedule.

(e) Otherwise use the Service Provider’s Properties solely in connection with and as necessary for Customer’s activities hereunder.

2.2 Data Storage. Customer acknowledges that data storage is not guaranteed by Service Provider and agrees that Service Provider does not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Customer may incur with respect to the loss or deletion of Customer Data.

2.3 Use of Service Provider’s Services. Customer will be solely responsible for all use (whether authorized or not authorized) of the Service Provider’s Services and Documentation under its account, including for the quality and integrity of Customer Data and each Customer Application. Customer will ensure that it has a written agreement with each User (“User Agreement”) that protects Service Provider’s rights to the same extent as the terms of this Agreement. The User Agreement must include terms concerning restrictions on use, protection of proprietary rights, disclaimer of warranties, limitations of liability, and acceptance of Acceptable Use Policy (“AUP”). Service Provider agrees that, subject to the foregoing requirements, the User Agreement need not specifically refer to Service Provider. Customer will promptly notify Service Provider if it becomes aware of any breach of the terms of the User Agreement that may affect Service Provider. Customer will take all reasonable precautions to prevent unauthorized access to or use of the Service Provider’s Services and notify Service Provider promptly of any such unauthorized access or use.

2.4 Restrictions. Except as expressly provided in Section 2.1 (Provision of Services),

(a)Customer will not transfer, resell, lease, license or otherwise make available the Service Provider’s Services to third parties. In any event, Customer will not offer the Service Provider’s Services on a standalone basis.

(b) Customer will not use the Service Provider’s Services to access or allow access to Emergency Services.

(c) Customer will ensure that the Service Provider’s Services provided hereunder are used in accordance with all applicable laws, regulations and third party rights, as well as the terms of this agreement, including Service Provider’s Acceptable Use Policy, which is hereby incorporated into this Agreement.

(d) Specifically and without limitation, Customer will ensure that Service Provider is entitled to use the Customer Data as needed to provide the Service Provider’s Services

(e) Customer will not use the Service Provider’s Services in any manner that violates any data protection statute, regulation, order or similar law.

(f) Except as allowed by applicable law, with respect to any software provided to Customer hereunder, Customer will not reverse engineer, decompile, disassemble or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive the source code of such software.

(g) Customer will only use shared short codes for the approved program types and not for any content described on Service Provider’s Acceptable Use Policy

(h) Customer will only use a dedicated short code for the program approved by the carriers. Customer will gain approval from carriers prior to changing the program by amending the existing program or re-applying.

2.5 Changes to Service. Customer acknowledges that the features and functions of the Service Provider’s Services, including, the Service Provider’s APIs, and the SLA may change over time. It is Customer’s responsibility to ensure that calls or requests Customer makes to the Service Provider’s Services are compatible with then-current Service Provider’s APIs. Although Service Provider endeavors to avoid changes to the Service Provider’s APIs that are not backwards compatible, if any such changes become necessary Service Provider will use reasonable efforts to notify Customer at least 60 days prior to implementation.

3. Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

4. Modifications To The Service And Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. Accuracy Of Billing And Account Information

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. Ownership And Confidentiality

6.1 Ownership Rights. As between the parties, Service Provider exclusively owns and reserves all right, title and interest in and to the Service Provider’s Services, Service Provider’s Properties and Service Provider’s Confidential Information. As between the parties, Customer exclusively owns and reserves all right, title and interest in and to the Customer Data, Customer Applications and Customer’s Confidential Information.

6.2 Use of Licensor Marks. Subject to the terms of this Agreement, each party (the “Licensor”) grants to the other party (the “Licensee”) the right to use and display Licensor’s name and marks (the “Licensor Marks”) on its website and in other promotional materials solely in connection with its activities under this Agreement. All such use of the Licensor Marks will be in accordance with the Licensor’s usage guidelines and will inure to the benefit of Licensor. Licensee will not use, register or take other action with respect to any of the Licensor Marks, except to the extent authorized in advance writing by Licensor. In its efforts, Licensee will always use the then-current Licensor Marks and will not add to, delete from or modify any of Licensor Marks. Licensee will not, at any time, misrepresent its relationship with Licensor. Licensee will not present itself as an affiliate or other legal agent of Licensor. The license described in this Section will terminate automatically in the event of any termination of this Agreement.

6.3 Confidentiality.

(a) Definition. “Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. “Confidential Information” does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party’s rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

(b) Use and Disclosure. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

6.4 Injunctive Relief. The Parties expressly acknowledge and agree that no adequate remedy exists at law for an actual or threatened breach of this Section and that, in the event of an actual or threatened breach of the provisions of this Section, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Section.

7. Fees, Payment Terms, Taxes

7.1 Fees. You agree to pay the licensing fees, usage fees, service fees, support service fees, and other fees as set forth in your Rate Schedule, Service Orders, or Change Orders.

7.2 Taxes. Unless otherwise stated in your Rate Schedule, you are responsible for and shall pay all applicable taxes. This includes all federal, state and local taxes, fees, charges, surcharges or other similar exactions, imposed on or with respect to our Services whether these taxes are imposed directly on you or on us.

7.3 Payment Terms. All amounts are due on the statement billing date or at the time of purchase. This is a month to month service unless agreed upon in writing to hold costs stationary for a fixed term. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment. If your payment fails on the due date, we will try to attempt to bill your card on file subsequent times. Subject to certain credit requirements as determined by us, we may let you pay amounts due under these Terms in arrears. If we let you to do that, you will make all of the payments due hereunder within thirty (30) days of the billing date of the statement.

As long as you’re a Customer or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.

Unless you and us agree otherwise in writing, all fees due under these Terms are payable in United States dollars. Payment obligations can’t be canceled and fees paid are non-refundable. Subject to Section 7.4 (Fee Disputes), if you are overdue on any payment and fail to pay within fifteen (15) business days of a written notice of your overdue payment, then we may assess and you must pay a late fee. The late fee will be either 1.5% per month, or the maximum amount allowable by law, whichever is less. Subject to Section 7.4 (Fee Disputes) and following the overdue notice, we may also suspend our Services to your account until you pay the amount you are overdue plus the late fee.

7.4 Fee Disputes. You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within sixty (60) days of the applicable charge and we will work together with you to resolve the applicable dispute promptly. If you do not provide us with this written notice of your fee dispute within this 60 day period, you will not be entitled to dispute any fees paid or payable by you.

7.5 Suspension. If your use of our Services exceeds the amounts prepaid by you or of if you fail to pay any amounts due by you under Section 10 of the Agreement, we may suspend our Services associated with your account without prior notice to you. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section.

7.6 Termination. If you fail to pay any amounts due by you under Section 10 of the Agreement within thirty (30) days of the billing date of the unpaid statement, we may cancel our Services associated with your account without prior notice to you. If we cancel your account, all data in the account will be deleted. We will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any suspension of our services pursuant to this section. If your account has to be recovered, you may have to pay additional fees for the recovery of your data or account.

8. Disclaimer

SERVICE PROVIDER HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. SERVICE PROVIDER’S SERVICES AND PROPERTIES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

9. Exclusion of Damages; Limitation Of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL SERVICE PROVIDER BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF SERVICE PROVIDER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL SERVICE PROVIDER BE LIABLE TO CUSTOMER FOR ANY DIRECT DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE TWELVE MONTHS PRECEDING THE INCIDENT OR CLAIM.

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT.

THE SERVICE PROVIDER’S SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER SERVICE PROVIDER NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND CUSTOMER WILL HOLD SERVICE PROVIDER HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE SERVICE PROVIDER’S SERVICES TO CONTACT EMERGENCY SERVICES.

10. Termination

10.1 Term. This Agreement commences on the date Customer first accepts it by signing a contract or signing up for services online and continues until all subscriptions hereunder have expired or have been terminated. Entering your information and clicking the button to sign up means that you’ve officially “signed” the Terms. If you signup on behalf of a company or other entity, you represent and warrant that you have the authority to accept these terms on their behalf.

10.2 Customer Data Portability and Deletion. Upon request by Customer made within 30 days after the effective date of termination or expiration of this Agreement, Service Provider will make the Customer’s Data available to Customer for export or download as provided in the Documentation. After that 30-day period, Service Provider will have no obligation to maintain or provide Customer Data, and Service Provider may thereafter delete or destroy all copies of Customer Data in Service Provider’s systems or otherwise in Service Provider’s possession or control as provided in the Documentation, unless legally prohibited.

10.3 Survival. Upon termination or expiration of this Agreement, Customer’s payment obligations, the terms of this Section 6.3 and the terms of the following Sections will survive: Section 2.2 (Data Storage), Section 2.3 (Use of Service Provider’s Services), Section 2.4 (Restrictions), Section 3 (Ownership and Confidentiality), Section 4 (Disclaimer), Section 5 (Exclusion of Damages; Limitation of Liability), Section 7 (Indemnification; Disputes) and Section 8 (General).

11. Indemnification; Disputes

11.1 Indemnification by Customer. Customer will defend, indemnify and hold Service Provider harmless against any actual or threatened claim, loss, liability, proceeding, third-party discovery demand, governmental investigation or enforcement action (“Claim”) arising out of or relating to Customer’s activities under this Agreement or Customer’s acts or omissions in connection with the provision of the Customer Application, including without limitation, any intellectual property claims relating to the Customer Application and any violation by Customer or its End Users of the terms of Section 2.4 (Restrictions). Service Provider will cooperate as fully as reasonably required in the defense of any Claim, at Customer’s expense. Service Provider reserves the right, at Customer’s expense, to retain separate counsel for Service Provider or, if Customer has not responded reasonably to the applicable Claim, to assume the exclusive defense and control of any matter in which Customer is a named party and that is otherwise subject to indemnification under this Section. Customer will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against Service Provider in connection with any Claim. Customer will also be liable to Service Provider for any costs and attorneys’ fees Service Provider incurs to successfully establish or enforce its right to indemnification under this Section.

11.2 Governing Law. Except as provided in Section 8.3, this Agreement will be governed by the laws of the State of Missouri, exclusive of its rules governing choice of law and conflict of laws. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

11.3 Arbitration. Except as provided in this Section, any dispute arising under this Agreement will be determined by binding arbitration in Kansas City, Missouri in accordance with the provisions of the Federal Arbitration Act, 9. U.S.C. §§1-16, as amended (the “Federal Arbitration Act”).

(a) Details. The arbitration will be governed by the then-current terms of the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”) and will be held with a single arbitrator appointed in accordance with the Rules. The award of the arbitrator will be based on the evidence admitted and the substantive law of the State of Missouri and the United States, as applicable, and will contain an award for each issue and counterclaim. The award will provide in writing the factual findings and legal reasoning for such award. The arbitrator will not be entitled to modify the terms of this Agreement. Except as provided in the Federal Arbitration Act, the arbitration award will be final and binding on the parties. Judgment may be entered in any court of competent jurisdiction. Each party will be entitled to obtain a copy of non-privileged relevant documents in the possession or control of the other party and to take a reasonable number of depositions. All such discovery will be in accordance with procedures approved by the arbitrator. This Section 8.3 does not alter in any way the statute of limitations that would apply to any claims or counterclaims asserted by either party.

(b) Injunctive Relief. Notwithstanding any provision in this Section to the contrary, Service Provider may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action Customer take or threaten to take in violation of the terms of this Agreement.

(c) Individual Basis Only. It is the intent of the parties to require any claims or controversies between them to be submitted to arbitration on an individual basis only. CLAIMS SUBJECT TO THIS ARBITRATION PROVISION MAY NOT BE JOINED OR CONSOLIDATED IN ARBITRATION WITH ANY CLAIM OF ANY OTHER PERSON OR BE ARBITRATED ON A CLASS BASIS, IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ON BEHALF OF ANY OTHER PERSON, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING.

12. General

12.1 Assignment. Customer will not assign or otherwise transfer this Agreement, in whole or in part, without Service Provider’s prior written consent. Any attempted assignment, delegation, or transfer in violation hereof will be null and void.

12.2 Amendment; Waiver. No modification to this Agreement, nor any waiver of any rights, will be effective unless consented to in a writing signed by both parties. Any waiver of any breach or default by either party will not constitute a waiver of any other right or any subsequent breach or default. Failure or delay by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

12.3 Relationship. Each party is an independent contractor in the performance of each and every part of this Agreement. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. Each party will be solely responsible for all of its employees and agents and its labor costs and expenses arising in connection therewith and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of this Agreement. Customer does not have the authority to commit Service Provider in any way and will not attempt to do so or imply that it has the right to do so.

12.4 Unenforceability. In the event that any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be limited or eliminated to the minimum extent necessary to render such provision enforceable and, in any event, the remainder of this Agreement will continue in full force and effect.

12.5 Notices. Any notice required or permitted to be given hereunder will be given in writing to the receiving party by personal delivery, certified mail, return receipt requested, or by overnight delivery. Service Provider may use Customer’s current address, as provided by Customer in connection with billing and payment activities. Service Provider’s current address may be found on its website.

12.6 Other Terms. This Agreement supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by Service Provider, its agents or employees will create a warranty or in any way increase the scope of the warranties in this Agreement. There will be no force or effect to any different terms of any related purchase order or similar form even if signed by the parties after the date hereof.

12.7 Force Majeure. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party’s control (each, a “Force Majeure Event”) if the party makes reasonable efforts to perform. Either party may terminate this Agreement on written notice to the other party if the Force Majeure Event continues more than 30 days.

12.8 Government Terms. Service Provider provides the Service Provider’s Services, including related software and technology, for ultimate federal government end use solely in accordance with the terms of this Agreement. If Customer (or any of its customers) is an agency, department, or other entity of any government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Service Provider’s Services, or any related documentation of any kind, including technical data, software, and manuals, is restricted by the terms of this Agreement. All other use is prohibited and no rights than those provided in this Agreement are conferred. The Service Provider’s Services were developed fully at private expense.

12.9 Customer Submissions. If Customer send Service Provider any submissions (e.g., e-mails, letters, postings to chat rooms, boards or contests), feedback, creative suggestions, ideas, notes, drawings, concepts or other information through the SERVICE PROVIDER’S Service, Customer Account or any social media account SERVICE PROVIDER may maintain from time to time (e.g., Twitter, Facebook, etc.) (collectively, “Submissions”), they will be deemed to be Service Provider property and Service Provider will not be liable for any use or disclosure of such Submissions. Without limitation of the foregoing, Service Provider shall exclusively own all now-known or hereafter existing rights to any and all Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. The content of any Submissions must not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” Customer may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of the Submissions. Service Provider reserve the right (but not the obligation) to remove or edit any Submissions, but Service Provider does not regularly review posted Submissions.

12.10 SMS Messaging. By creating a new account with a phone number or adding a phone number to an existing account, Customer consents to receiving SMS communications from SERVICE PROVIDER regarding Customer account (“SMS Communications”). Customer agrees that Customer is the primary owner of such phone number and that the information provided is accurate. Standard message and data rates may apply. Messages will be sent from an automated system. Consent is not required for purchase. Customer may opt out of receiving SMS Communications by texting the word ‘STOP’ to the short code and SERVICE PROVIDER will send Customer a single SMS text message indicating that Customer will no longer receive any SMS communication from SERVICE PROVIDER. For additional help, Customer can text ‘HELP’ to the short code. Current Supported carriers include: ACS Wireless, AIO Wireless, AT&T, Bluegrass Cellular, Boost, Carolina West Wireless, Cellcom, Cellular One, Cellular One of East Central Illinois, Cellular South, Chat Mobility, Cincinnati Bell, Cricket, ECIT, Element Wireless, GCI, Golden State Cellular, Illinois Valley, Immix Wireless, Inland Cellular, iWireless, LongLines Wireless, MetroPCS, Nex-Tech, Northwest Missouri Cellular, NTelos, Plateau Wireless, PTCI, Sprint, T-Mobile, Thumb Cellular, U.S. Cellular, Verizon Wireless, Virgin Mobile USA, West Central Wireless and other carriers that may be added from time to time. SMS Communications may not be compatible with all handsets.

13. SITE LEGITIMACY AND LEGAL USE

Customer agrees that Customer is aware and will follow any legislation from any level of government that pertains to the Services being used. This includes complying with legislation based on where Customer is located, where recipients of any messages sent from the Service are located and where Service Provider is located. For further clarity, this includes the United States CAN-SPAM Act and Canada’s Anti-Spam Legislation (“CASL”). Service Provider will NOT be held responsible for any breach of CASL, CAN-SPAM or any other spam legislation whatsoever whether enforced by a governing agency or any other agent or party. Customer agrees that any penalty, fine or any other discipline for breach of CASL, CAN-SPAM or any other legislation will be Customer’s sole responsibility. Customer further agrees to indemnify Service Provider from any penalty of any kind whatsoever that arise from Customer breach of CASL, CAN-SPAM or any other spam legislation.

United States

CAN-SPAM Act: http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

Canada

Canada’s Anti-Spam Legislation: http://fightspam.gc.ca/eic/site/030.nsf/eng/home

Customer further agrees that section 10, including the indemnity, includes all reciprocating legislation. Please make sure Customer is aware and abiding by all Anti-Spam legislation from any jurisdiction in which emails may be sent or received.

Customer further agrees not to use the Services to deliver unsolicited bulk email or SMS (“spam”). If, in Service Provider’s opinion and at Service Provider’s sole discretion Customer has used the Services for this purpose or plan on using the Services for this purpose, Service Provider reserves the right to immediately terminate Services.

Customer further agrees every email message sent with the Services must contain an “unsubscribe” link that allows subscribers to remove themselves from Customer mailing list and a link to the Email Marketing Privacy Policy. Each aforementioned link must remain operational for a period of thirty (30) days after the date on which Customer sends the message, and must be in form and substance satisfactory to Service Provider. Customer acknowledges and agrees that Customer will not alter, remove, hide, disable or attempt to remove/disable either link. These links are automatically added for Customer and no special action must be taken to ensure their existence.

Customer further agrees to only import, access or otherwise use permission-based email or SMS lists. Any purchased lists no matter of quality are expressly forbidden for use in the Service Provider application.

Customer further agrees that occasionally, emails that Customer sends through the Service may generate abuse complaints from recipients. Service Provider has no obligation to disclose the specific individual(s) who report these complaints. Customer is responsible for ensuring that Customer marketing campaigns and use of the Services do not generate a number of abuse complaints in excess of industry standards. Service Provider, in its sole discretion, shall determine whether Customer’s level of abuse complaints is within industry standards, and its determination shall be final, binding and conclusive for all purposes under this Agreement.

Customer further agrees Service Provider may, at its own discretion, immediately disable Customer access without refund to the Services if Service Provider believes in its sole discretion that Customer has violated any part of this Agreement, or are partaking in any other conduct deemed inappropriate by Service Provider.

Acceptable Use Policy

Scope. Customer and all persons and entities accessing the Services must comply with this Acceptable Use Policy (“AUP”). By using the Services, Customer acknowledges, and agrees to ensure compliance with, this AUP. SERVICE PROVIDER in its discretion may modify this AUP at any time.

Restrictions on Use. Customer agrees to ensure that the Services will not be used in or for any illegal, fraudulent, unauthorized or improper manner or purpose and will only be used in compliance with all applicable laws, rules and regulations, including all applicable state, federal, and international Internet, data, telecommunications, telemarketing, “spam,” and import/export laws and regulations, including the U.S. Export Administration Regulations. Without limiting the foregoing, Customer agrees to not permit the Services to be used to transmit or disseminate any:

(i) junk mail, spam, or unsolicited material to persons or entities that have not agreed to receive such material or to whom Customer or its End-Users do not otherwise have a legal right to send such material;

(ii) material that infringes or violates any third party’s intellectual property rights, rights of publicity, privacy, or confidentiality, or the rights or legal obligations of any wireless service provider or any of its customers or subscribers;

(iii) material or data, that is illegal, or material or data, as determined by SERVICE PROVIDER (in SERVICE PROVIDER’s sole discretion), that is harassing, coercive, defamatory, libelous, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of SERVICE PROVIDER or any third-party service provider involved in the provision of the Services;

(iv) material or data that is alcoholic beverage-related (e.g., beer, wine, or liquor), tobacco-related (e.g., cigarettes, cigars, pipes, chewing tobacco), guns or weapons-related (e.g., firearms, bullets), illegal drugs-related (e.g., marijuana, cocaine), pornographic-related (e.g., adult themes, sexual content), crime-related (e.g., organized crime, notorious characters), violence-related (e.g., violent games), death-related (e.g., funeral homes, mortuaries), hate-related (e.g. racist organizations), gambling-related (e.g., casinos, lotteries), specifically mentions any wireless carrier or copies or parodies the products or Services of any wireless carrier;

(v) viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

(vi) material or information that is false, misleading, or inaccurate;

(vii) material that would expose SERVICE PROVIDER, any third-party service provider involved in providing the Services, or any other third party to liability; and/or

(viii) any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of SERVICE PROVIDER or any third party.

(ix) high-risk financial offers on shared short codes including but not limited to: loan origination and matching for payday loans, short-term loans, auto loans, mortgage loans, student loans, cash advance, and title loans; debt consolidation; investment opportunities; credit repair programs; tax relief programs; and work from home programs

(x) material or data that is intended to impersonate a federal agency or program

(xi) material or data that is intended to SPAM, scam, or PHISH

Customer shall not access any Carrier services that Customer has not ordered or for which Customer has not paid applicable fees. Customer will not use or attempt to use a third party’s account with SERVICE PROVIDER, or interfere with the security of, or otherwise abuse, the Services or other SERVICE PROVIDER customers. Customer shall not interfere in any manner with SERVICE PROVIDER’s provision of the Services.

Furthermore, you agree to the following minimum usage and compliance levels that will be measured at the account level on a calendar month basis. Notice for Violation to these minimum usage and compliance requirements will be sent to the email address of the master account user and you will have 15 days from notice to comply. Violation of the minimum usage and compliance levels can result in further action on your account in accordance with the Terms of Service.

(i) Each originating number must have at least two SMS messages

(ii) Each keyword on a shared short code must have at least one opt in or outgoing campaign associated with the opt ins

(iii) Each keyword response must include brand information, offer information, stop instructions, customer care instructions, and include the disclaimer “Msg&Data rates may apply”

Rev. 01/18/2015