1. ACCEPTANCE OF TERMS
Unauthorized use of the Service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.
2. MODIFICATIONS TO THIS AGREEMENT
JustService.net LLC reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU in your account information.
All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that the service does not control, and is not responsible for Content made available through the Service. Furthermore, the service site and Content available through the Service may contain links to other websites, which are completely independent of the service. The service makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of or distribution of any Content, that you may not rely on said Content, and that under no circumstances will The service be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that The service does not pre-screen or approve Content, but that The service shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The service site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of the service, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. The service has no direct knowledge of the business practices of individuals or other business entities listed on this site. Users of this site agree to be responsible to determine for themselves whether a person, company or other business entity on this site is trustworthy, competent and compliant with applicable administrative regulations, statutes, laws and ordinances. Your interactions with organizations, individuals or other business entities found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations, individuals or other business entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that the service shall not be responsible or liable for any loss or damage of any nature incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that the service is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release the service, as well as hold harmless, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
All participants and users of this service affirmatively state that it is understood that by and in their usage herein that they are and will abide by and/or are in compliance with applicable administrative regulations, statutes, laws and ordinances. Additionally, you agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that violates federal, state, or local laws; e) that impersonates any person or entity, including, but not limited to, a service employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); f) that includes personal or identifying information about another person without that person's explicit consent; g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the service sites which are not designated for such purposes; or emailed to the service users who have not indicated in writing their/its approval or consent to contact them about other services, products or commercial interests. j) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law.; k) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; l) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or m) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. n) contact anyone who has asked not to be contacted; o) "stalk" or otherwise harass anyone; p) collect personal data about other users for commercial or unlawful purposes; q) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by The service; r) attempt to gain unauthorized access to the service's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the The service website; or s) use any form of automated device or computer program that enables the submission of postings on the service without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. t) any use not common to the intended purpose of the Service.
6. POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on the service's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from the service. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from the service.
7. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to the service email addresses or through the service computer systems is expressly prohibited by these TOU. Any unauthorized use of the service computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.),. Such violations may subject the sender and his or her agents to civil and criminal penalties.
8. ACCESS TO THE SERVICE
The service grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by The service. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. Use of the Service beyond the scope of authorized access granted to you by the service immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from the service.
You will choose a personal, non-transferable password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert the service immediately. In addition, you acknowledge that the service may communicate with you through email. You are responsible for ensuring that the service has your current email address so that the service can provide you such communications.
The service does not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not disclose any information regarding you or your account, including any data, without your prior permission except in accordance with this Agreement. You, not the service, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account and disseminated from your account or service use. Furthermore, the service shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
You are solely responsible for the content of all data you disseminate, store or retrieve from your account and from all public folders. You agree to abide by all applicable local, state, national and international laws and regulations in connection with the service. In addition, without limitation, you agree not to use the service to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through The service's services; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to the service or violate the regulations, policies or procedures of such networks;
9. TERMINATION OF SERVICE
You agree that the service, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, terminate your password or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if the service believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that the service shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Limitations of the TOU shall survive termination.
10. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of The service. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of The service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. JUST SERVICE is a registered mark in the U.S. Patent and Trademark Office. Although the service does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the service an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant the service all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
Except for the licenses granted herein, you have no right, title or interest in or to the service or any content. You agree that the service or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the service and content, including, without limitation, text, images, and other multimedia data. The service and/or other service products and services referenced herein are either trademarks or registered trademarks of the service.
11. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL THE SERVICE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF THE SERVICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE SITE OR THE SERVICE, FROM INABILITY TO USE THE SERVICE SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE SITE OR THE SERVICE OR ANY LINKS ON THE SERVICE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SERVICE SITE OR THE SERVICE OR ANY LINKS ON THE SERVICE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold the service, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
13. GENERAL INFORMATION
The TOU constitute the entire agreement between you and the service and govern your use of the Service, superseding any prior agreements between you and the service. The TOU and the relationship between you and the service shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and the service agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cook, State of Illinois. The failure of the service to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by emailing to: abuse@JustService.net LLC. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for the service to pursue legal action to enforce the TOU, you will be liable to pay the service the following amounts as liquidated damages, which you accept as reasonable estimates of the services' damages for the specified breaches of the TOU: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay the service one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures. b. If you send unsolicited email advertisements to the service email addresses or through the service computer systems, you agree to pay the service one thousand dollars ($1000) for each such email. c. If you post Content in violation of the TOU, other than as described above, you agree to pay the service one thousand dollars ($1000) for each Item of Content posted. In its sole discretion, the service may elect to issue a warning before assessing damages. d. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under the clauses of this subsection you agree to pay the service one hundred dollars ($100) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay the service an additional one hundred dollars ($100) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU. e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without the service's express written permission, you agree to pay the service three thousand dollars ($3,000) for each day on which you engage in such conduct. Additionally and otherwise, you agree to pay the service's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, the service retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.
Any notice under this Agreement given by the service to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email address and update it if necessary to be able to receive the service's communication. Any notice under this Agreement given by You to the service will be deemed to be properly given if received by email sent to the service's Customer Service email address.
16. PAYMENT OF FEES
The service offers its Service, as described on the service website and as published within the Service, for monthly, quarterly or annual fees (the “Fees’), which are also published within the service. You agree to provide the service with accurate and complete billing information, including your legal name, address and telephone number, and to update this information within 3 days of any change to it. Payment for the Service by fraudulent means will result in immediate and permanent termination of the account, and possible criminal penalties. Upon signing up for a service plan and throughout the remaining term of this Service Agreement, you will pay the service by authorized credit card, the then applicable Fees for the Service. The service reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon seven (7) days prior notice to you (which may be sent by email). The Fees will automatically be charged either monthly, quarterly or annually according to the subscription plan you choose, in advance, Additional charges, including without limitation all miscellaneous and storage fees, will be charged in arrears.
Your service account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next billing cycle. Penalties may be applied in case of canceled or expired credit card. Accounts that are delinquent by more than one accounting cycle may be suspended, archived, or purged from the system. Suspended accounts continue to accrue charges until reinstated or canceled. The service may impose a charge to restore archived data for delinquent accounts.
If you believe the service has billed you incorrectly, you must contact the service no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to the service Customer Service email address17. CANCELLATION BY CUSTOMER:
Cancellations must be done in writing via email. No cancellations will be taken by phone or without customer written authorization. To perfect cancellation customers must send an email letter to the service via reply email from that email received from the service at sign up along with a reference to the account charge statement to verify customer account information. If cancellation is done in the middle of the billing cycle there will be no refunds for part of the billing cycle. All cancellations must be received 7 days before the end of the monthly billing cycle within the current month for your profile to be removed from our system and not be billed for another billing cycle. Any cancellations received after this time will be processed in the next months billing cycle.