The JumboClicks.com Terms Of Service Agreement sets forth the agreement between you the visitor of this website and/or a Customer of products and/or services from us.
If you are purchasing products or services from us then you must read and agree to all of the terms below. In addition to the terms of service set forth here your unique contract may contain additional terms which must also be agreed to before you make your order.
If you have any questions you should contact our sales department prior to placing your order.
Terms of Service
For the use of this agreement document the Ownership of JumboClicks.com may be referred to as (JumboClicks.com, Merchant, Seller, Us, We) and the purchaser of products and or services may be referred to as (Account Owner, Buyer, Client, Customer, You).
Prohibited Account Activities
E-Commerce Restrictions
Secure Data and HITECH, HIPAA, PCI Compliance
SSL Certificates, Dedicated IP Addresses and Setup
Payments and Due Dates
Acceptable Payment Methods
Refunds
Waiver
Disclaimer
Disclaimer of Customer Monitoring
Remedies for Customer Violations
Indemnification
Limitation of Liability
Agencies and Partnerships
Assignments and Successors
No Third Party Beneficiaries
Confidentiality Agreement
Disclosure to Law Enforcement
Zero Tolerance Spam Policy
Backups and Data Loss
Child Pornography and Related Content
Defamatory Material
Changes to the Terms of Service
Prohibited Account Activities
Your Account may only be used for Lawful Purposes.
JumboClicks.com has the right and sole discretion to warn, suspend, terminate, delete and or charge fees for a client’s misuse of their account with or without notice to the client and with no liability to the client for any action taken. As is set forth in more specific detail no SPAM, Child Pornography or related content, Defamatory Material or Adult Content is allowed to be displayed or transmitted through your account by any method including but not limited to your Website HTTP, FTP, EMAIL, Proxy, Torrent or Other Method.
The following list of acts are specifically prohibited however this list does not limit acts which can be considered as a violation of the Terms Of Service Agreement.
You May Not: Collect, Store or Transmit any Identifiable Directory Information of Minors including but not limited to: Name, Address, Phone Numbers, Photographs.
YOU MAY NOT: Host, Link To, Display Advertising of, Sell or Promote
Sites promoting illegal activities
Adult, Adult Related Content, Sexually Related or Risque Content
Dating or Escort Services
Sale of any controlled substance (Alcohol, Tobacco, Narcotics, Other)
Arms, Weapons, Bombs or Instructional Information
Advertising Banner Services
File Dump/Mirror Scripts (similar to rapidshare)
Image Hosting Scripts (similar to Photobucket or Tinypic)
Commercial Audio Streaming
Broadcast or Streaming of Live Sporting or Other Events
IRCD (irc servers) and or IRC Scripts/Bots
Proxy Scripts/Anonymizers
IP Scanners
Bruteforce Programs/Scripts/Applications
Pirated Software/Warez
Forums and/or websites that distribute or link to warez/pirated/illegal content
Hacker focused sites/archives/programs
Cracks, Serials, Workarounds, Reverse engineered or Decompiled Code
MUDs/RPGs/PBBGs
Topsites
Tell A Friend Scripts
AutoSurf/PTC/PTS/PPC sites
Email Senders
Mailer Pro
Spam Scripts/Mail Bombers
Push button mail scripts
Bank Debentures/Bank Debenture Trading Programs
Credit Card Numbers, Bank Account Numbers or related information
Escrow/Bank Debentures
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Prime Banks Programs
Lottery/Gambling Sites
E-Commerce Restrictions
Federal and State Laws covering the Transmission, Collection and Storage of Credit Card and other related information require all merchants to adhere to specific standards when processing online payments. In addition to these Laws additional rules must be complied with that are set forth by Credit Card Companies.
In light of these laws and requirements JumboClicks.com prohibits Account Owners from directly transmitting, processing or storing such information. These rules are in your best interest however they are set forth as restrictions to limit any potential problems.
You may not use your account to: Accept, Store, Transmit or Process: Social Security Numbers, Government Issued ID Numbers (Drivers License or Other), Credit Card Numbers, Bank Account Numbers or Other Transactional IDs that can be directly used to generate a payment.
Account Owners must use a Third Party Payment Service where your customer never transmits their Account ID or Password to you or through your shopping cart or other software application. In addition you may never collect such information by Email.
There are a variety of third party payment gateways that Account Owners can make use of to collect payments from your customers. We do not endorse the use of any specific payment gateway and you must investigate which company is best for you.
An SSL Certificate must be used if you are collecting or transmitting payment or other identifiable information from your customers through your shopping cart. This will require an account add-on package and purchase of a SSL Certificate.
If you are storing customer information such as but not limited to: Usernames, Passwords, Real Names, Addresses, Phone Numbers or other data then you must encrypt that data using appropriate methods. Never store such information as clear text or in other easily reversible formats.
Notice: You should never consider your Online Storage, Website or Account as Completely Secure. If banking institutions and government computers can be hacked then it is reasonable to believe that any system can be compromised. Any company that says they are completely secure is just lying to you. It is your duty in total to use available methods to reduce your and your customer’s risk.
Secure Data and HITECH, HIPAA, PCI Compliance
JumboClicks.com makes no claim as to compliance to standards required for secure storage or transmission of critical private data. Account Owners are prohibited from using any and all services of their account to transmit, store or manage private documents or information.
Specific limitations related to credit card and other banking transactions is provided within this terms of service agreement however any data that is considered to be private by any party is not to be disseminated, collected, received, stored or transmitted through this service or any service related to your account.
If you are in need of such service please contact our sales staff and we will try to setup a referral.
SSL Certificates Dedicated IP Addresses and Setup
Although SSL Certificates can be purchased through a number of vendors only a few authorized issuing athorites provide the actual certificate.
The process of setting up a SSL Certificate for your website will take considerable interaction between you JumboClicks.com and depending on your order up to three or more third party providers.
For this reason it is important that you are available during the order process and that you allow enough time prior to your renewal date to ensure your site has a seamless transition to your new renewal certificate.
Depending on the level of Verification that you order associated with SSL Certificate you may need to submit paperwork to the Certificate Issuer including your business license and other appropriate documents and information. This may take a few days to a few weeks.
Domain Level SSL Certificates do not normally require paperwork but may provide fewer features. Domain Level SSL Certificates are normally issued immediately by the Issuing Authority once you have complied with their verification process. This could include online verification or the need for you to make a phone call to an automated phone system.
Dedicated IP Addresses are only allowed to be ordered and provisioned for use with a SSL Certificate. Dedicated IP’s may be issued by the month or year depending on availability and must be paid for prior to their need to allow setup of your SSL Certificate.
SSL Certificates
You may purchase your SSL Certificate through JumboClicks.com if available or through an outside Certificate Issuer.
If you are using a third party for purchase of your SSL Certificate you should contact JumboClicks.com Sales to verify that we can apply your certificate to your account.
Setup Costs
In addition to the cost for your SSL Certificate and Dedicated IP Address a Setup Fee must be paid in order to install your Certificate on the Server that hosts your Website.
Renewal Costs
Similar to Domain Names your SSL Certificate will expire at a term based on your purchase. Some Certificates can be purchased for a term of more then one year but most longer term Certificates expire at a maximum of 3 years. It is your duty to renew your Certificate within the window of time provided prior to its expiration. Normally this time is 30 days prior to the Certificate’s Expiration Date.
Unlike Domain Names a Renewal SSL Certificate is actually a totally new Certificate and the use of your new Certificate will require all of the steps and costs associated with a new SSL Certificate Install.
You will be required to pay for the SSL Certificate, the Setup Fee and Renewal of your Dedicated IP Address.
Dedicated IP Addresses must be paid for either monthly or yearly as provided in the JumboClicks.com Order System.
You are responsible for all payments and costs associated with the use of your SSL Certificate including renewal and install fees.
Delays or Errors in SSL Setups and Renewals
JumboClicks.com disclaims all responsibility for delays or errors related to the setup or renewal of your SSL Certificate, Dedicated IP Address or any other features or process that may render this service inoperable or unavailable. The Customer agrees to hold harmless and defend JumboClicks.com at their cost for all reasons associated with their use of this service including those from outside or third parties.
Payments and Due Dates
All payments for single payment orders are due at the time of purchase.
Down Payments for Step Payment Purchases are required in full at the time the order is placed. Subsequent payments will be required as the project is completed on a predetermined schedule. Final Payment will be required at the time the order is delivered to the customer. No Work Product will be delivered to the Customer before final payment is received. If the customer cancels the order at anytime before completing final payment they forfeit all payment to that date and the right to any work product.
Recurring Billing Payments must be made before the due date of the order. There is no grace period after the due date for recurring payments. Late Payment may result in the suspension of the customer’s account, late fees, termination of the customer’s account or other.
Payment for Domain Names and SSL Certificates are due in full at the time of initial order. Renewal payments are due prior to the renewal date of the product. If a customer is late with a Domain Name Payment they risk the loss of their Domain Name. If the Customer is late with a Renewal Payment for a product or service that requires third party processing such as a Domain Name, SSL Certificate Dedicated IP address or other a late fee will be added if the product can be restored.
Late Payment fees for Domain Name Renewal are at this date (12/15/2011) $100 per instance for .com domains other Domains will be higher. These fees are expected to increase in January of 2012.
Our Payment and Fee Schedule for Domain Names will be listed in our Domain Name Terms Of Service.
Delays in Order Processing can occur for various reasons including but not limited to delays in third party payment systems. Customers agree to release JumboClicks.com from all losses due to delayed processing of orders and payments.
Acceptable Payment Methods
Payments for all orders whether: Single (one time), Step (Down Payment and Final) or Recurring Payments must be made by using the available payment method that JumboClicks.com provides.
At this time the only Payment Gateway that JumboClicks.com accepts is PayPal.
You may not send: Cash, Checks, Money Orders, Request Bank Transfers or pay for your orders in any other method.
If you do not have a PayPal account it is suggested that you signup for one before ordering products or services from JumboClicks.com.
PayPal allows our customers to make payments through a variety of funding methods including: Credit or Debit Cards, Bank Accounts and other.
When you use PayPal for checkout JumboClicks.com will not collect or store your Credit Card number in our system. JumboClicks.com will never ask you for your PayPal Account Password. When our system processes your order you will be directed to the PayPal.com Website to access your account and complete payment. Make sure that you are on a HTTPS secure connection and the root url points to PayPal’s Website. After Payment you may be redirected back to JumboClicks.com to complete your Order.
This method of payment ensures a level of security for our customers while also offering a variety of ways for our customers to fund their payments through their PayPal account.
NOTE: JumboClicks.com does not endorse PayPal. As a customer you choose to use their services at your own risk. You must accept all of their terms of service and comply with their requirements for membership and use of their service. JumboClicks.com will not intervene on your behalf with PayPal for any disputes over payment or problems you may have.
For more information please visit https://www.paypal.com
Refunds
JumboClicks.com has a ABSOLUTELY NO REFUNDS ALLOWED refund policy.
If you cancel your order after payment, Cancel your account or if your account is Terminated by JumboClicks.com for any reason NO REFUND WILL BE ALLOWED.
If you make a mistake in your order JumboClicks.com WILL NOT OFFER A REFUND.
Any order that requires third party ordering, processing or provisioning will not be refunded for any reason.
Domain Names that are ordered by mistake or misspelled at the time of order will not be refunded for any reason.
There are no refunds for SSL Certificates, Dedicated IPs, Hosting or other products or services.
If you cancel a step or down payment order for products or services no payments to date will be refunded and a balance including a cancellation fee may be due by the customer at the time of cancellation. Full payment will be required before any work materials, files or other are released to the customer for use.
No Prorated or full refunds are allowed for orders that require recurring payments such as Hosting, Domain Names, SSL Certificates and other.
Continued payment for services whether single, step or recurring payment, whether related or unrelated, releases all disputes by the customer against JumboClicks.com.
If for any reason the services or products ordered by the customer are: delayed, unavailable, suspended, canceled, terminated by JumboClicks.com or a third party, it’s successor or service provider the customer agrees that no refunds will be allowed or provided for any customer:payment, loss or other.
ALL SALES ARE FINAL AT TIME OF ORDER AND PAYMENT, WITH NO REFUNDS FOR ANY REASON ALLOWED.
Chargebacks and Reversals
JumboClicks.com does not allow Chargebacks or Reversal of Payment as a Method of Refund.
In the event Subscriber issues a chargeback or reversal of charges the Subscriber will be responsible for a $50.00 billing service fee in addition to all other costs.
Waiver
Any failure by JumboClicks.com to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, JumboClicks.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of JumboClicks.com as reflected in the original provision. If any any individual provision of this Agreement is found invalid or unenforceable it shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Disclaimer
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. JumboClicks.com expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. JumboClicks.com does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information on the site is subject to change without notice.
Disclaimer of Customer Monitoring
JumboClicks.com expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. JumboClicks.com has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like JumboClicks.com and many of JumboClicks.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, JumboClicks.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under JumboClicks.com’s webhosting service(s).
Remedies for Customer Violations
If JumboClicks.com learns of or in its reasonable estimation believes there is a violation of this Policy, JumboClicks.com may, in JumboClicks.com’s sole discretion, without limitation or liability to the customer, take one or more of the following actions, with or without notice to Customer: Warn the Customer; Cancel any pending or current Orders; Suspend the Services or the offending Customer from the Services; Terminate the Services or the offending Customer from the Services; Impose fees or charges on the offending Customer account; Remove any offending content; Take any other action in accordance with this Policy, the applicable service agreement or applicable law; or Take any other action deemed appropriate in JumboClicks.com’s sole discretion.
Indemnification
You agree to defend, indemnify, and hold JumboClicks.com harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys fees, arising from or related to your use of the Site or violation of any of these Terms.
Limitation of Liability
In no event shall JumboClicks.com be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if JumboClicks.com has been advised of the possibility of such damages. JumboClicks.com’s total liability for any claim arising from or related to your use of this Site shall not exceed the lesser of the amount that you have paid for the disputed contract instance or ten dollars (US$10) minus the amount of pre-stated nonrefundable purchases.
Agencies and Partnerships
This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and JumboClicks.com. Neither Party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other Party or its affiliates, whether express or implied, or to bind the other Party or its affiliates in any respect whatsoever.
Assignments and Successors
Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of JumboClicks.com. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. JumboClicks.com may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without notice to or consent of the Customer. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns.
No Third Party Beneficiaries
You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than you, any interests, rights, remedies or other benefits conveyed to you herein.
Confidentiality Agreement
All correspondence between JumboClicks.com and Pre-sale or Current Customers are deemed to be confidential. You may not provide any third party access to any correspondence including but not limited to information concerning: Your Account Setup, Account Features, Discounted Pricing, Promotions, Billing Information, Internal / Direct (Email Addresses, Phone Numbers, Identifiable Personnel Information), Physical Addresses, User Account Passwords, Information about other Customers, Work Method Information, Work Products or other.
Disclosure to Law Enforcement
JumboClicks.com may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Account Ownership
The owner of the PayPal e-mail address and account which is utilized for payment is designated as the authorized owner of the account.
Account Ownership designation is to identify the authorized administrator of the account and the person or entity responsible for billing payment. It does not constitute an agreement of transfer, ownership or lease of any of the products used to provide the products or service that you order including but not limited to: Hardware, Operating Systems, Software, Files or other.
If there is a dispute or challenge by a person, business or partnership or other entity JumboClicks.com will recognize the Owner of the PayPal e-mail address used for billing purposes as the Account Owner and any dispute must be settled between the outside parties.
Please See Assignments and Successors as to your rights of Transfer of Ownership.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Backups and Data Loss
Your use of this service is at your sole risk.
SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR ALL BACKUPS OF ALL: FILES, DATABASES, EMAIL AND ALL OTHER PORTIONS OF THEIR ACCOUNT DATA.
Under no circumstance will JumboClicks.com be liable to anyone FOR ANY DAMAGES OF ANY KIND due to the loss of any data.
Child Pornography and Related Content
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Your services will be terminated with or without notice and without liability to the Customer whatsoever.
Violations will be reported to the appropriate law enforcement agency.
Defamatory Material
Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.
Defamatory Material that is in violation of our terms of service may result in termination or suspension of the customer’s account with or without prior notice, without liability to Customer whatsoever.
Note to the Reporting and Removal of Defamatory Content:
Pursuant to Section 230(c) of the Communications Decency Act, we are not required to remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order.
In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like JumboClicks.com and many of JumboClicks.com’s other webhosting services and brands are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, JumboClicks.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under JumboClicks.com’s webhosting service(s).
Changes to the Terms of Service
JumboClicks.com reserves the right to revise its policies at any time without notice. It is the Visitor’s and Customer’s Sole Duty to revisit this page as necessary to inform themselves of any changes to this agreement. It is suggested that you visit this page every time you visit this website. Any changes will effect all parties current, future and past (no grandfathering).
