Terms of Service
The Jaispirit Terms of Service (this “Agreement”) and the Jaispirit Acceptable Use Policy (“AUP”) govern your purchase and use of all Jaispirit services (collectively, the “Services”), as described in the Order Form(s) submitted by you and accepted by Jaispirit (“Service Order”). Acceptance of any terms or conditions different from those contained herein by Jaispirit will not be deemed by provision of service, but only by electronic or written signature of an officer of Jaispirit. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY CLICKING ON THE “I ACCEPT” BUTTON, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Jaispirit Co., Ltd. may modify any of the terms and conditions contained in this Agreement and the AUP, at any time, in its sole discretion. Any modifications are effective upon posting of the revisions on the Jaispirit web site (the “Site”). Your continued use of the Services following Jaispirit posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Jaispirit of your termination of this Agreement in the manner described in the section below. Termination of services due to non-agreement with terms and conditions modifications does not entitle the service user to any refunds of payments made or forgiveness of amounts owed for used or ordered services.
Jaispirit Co., Ltd. agrees to furnish services to the Subscriber, subject to the following ToS (Terms of Service).
The Use of Jaispirit service constitutes acceptance and agreement to the Jaispirit Co., Ltd. AUP (Acceptable Use Policy) as well as Jaispirit Co., Ltd. TOS (Terms of Service).
1. Term and Payment for Services
Term: This Agreement will be for an initial “Term” of 1 month (or stated as in the product/invoice) from the date the Services are first provided by Jaispirit. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term or any Renewal Term for a period of thirty (30) days (or stated as in the product/invoice) unless you provide Jaispirit with written notice of termination at least thirty days (30) (or stated as in the product/invoice) before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit an email to the Jaispirit via our contact form (Contact us) to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by Jaispirit.
2. Product/Service Pricing & Specifications
Product/Service pricing and specifications are subject to change at any time and at the sole discretion of Jaispirit Co., Ltd. Current product pricing remains valid for the term of the product or service contract which is thirty (30) days or unless otherwise stated.
Modifications to product specifications which affect a customer’s ability to use a service or product will be taken into considerations on a case-by-case basis.
This Agreement may be terminated: (i) by you or Jaispirit during any Renewal Term, without cause, by giving the other party no less than thirty (30) days prior written notice (or stated as in the product/invoice), or a greater number of days prior notice if specified in a Service Order accepted by Jaispirit; (ii) by Jaispirit in the event of nonpayment by you as provided in the section below or (iii) by Jaispirit, at any time, without notice, if, in Jaispirit’s sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if Jaispirit terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately and without set off or delay all charges, fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts including, but not limited to, bandwidth overage charges that you owe to Jaispirit under this Agreement.
You will immediately pay, upon receiving an electronic invoice from Jaispirit, all charges for your use of the Services at the then current Jaispirit prices for that category of service or any special offer applicable to your account as determined by Jaispirit. You are responsible for paying all federal, state and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services other than taxes based on Jaispirit net income. All service fees are subject to VAT 7% (Value Added Tax) and WHT 3% (Withholding Tax) within Thailand. If you default on any of your obligations under this Agreement and Jaispirit must engage a collections effort to collect past due sums associated with your use of Services, you are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of Jaispirit.
Shared hosting services come with a set data storage allotment. This represents the total amount of storage capacity allotted for each calendar month. If the allotment amount is exceeded, Jaispirit will contact you via email to notify you of the overage. You may decide to upgrade your shared hosting package to the next available tier or to reduce your disk usage. If you do not respond to the notification within 72-hours your shared hosting account will automatically be suspended until you arrange for your account to be upgraded. It is your responsibility to monitor your storage utilization and to pay for all overages.
5. Payment and Fees
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in their entirety in advance on the anniversary day of each successive term. You must pay for the Services by cash, Alipay, Credit/Debit Card, Internet Banking or PayPal. You authorize Jaispirit to charge your credit or debit card to pay for any charges that may apply to your account. You have a specific obligation to immediately notify Jaispirit of any changes to your card account (including applicable account number or cancellation or expiration of the account, your billing address, or any information that may prohibit Jaispirit from properly charging your account). Failure to immediately and fully pay your fees for Services and applicable taxes when invoiced by Jaispirit shall be a material breach of this Agreement, justifying Jaispirit to suspend its performance and terminate this Agreement. If Jaispirit terminates this Agreement for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to Jaispirit under this Agreement including, but not limited to, bandwidth overage charges. You are responsible for any costs that Jaispirit incurs in enforcing collection, including reasonable attorneys’ fees, court costs and collection agency fees.
Credit cards that are declined for any reason or PayPal payments that are either rejected or not made when Services are invoiced are subject to an additional processing fee. Service will be immediately interrupted on any account that is unpaid. Service interrupted for non-payment is subject to a US$ 30 suspension charge per hosting account or server. Accounts not paid by the due date are subject to a US$ 5 late fee that accrues daily until paid in full. Accounts that are not collectible by Jaispirit may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company an additional “Collection” fee of not less than US$ 50 and not more than US$ 150. If you desire to cancel the account, please inform us via our contact form (Contact us).
6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon failure of the Subscriber to pay charges when due. Such termination or denial will not, in any way, relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and all collection fees, including legal expenses.
7. Refunds and Disputes
*All payments to Jaispirit are nonrefundable* and include any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card issuer that, in Jaispirit’s sole discretion, is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay Jaispirit an additional “Investigation Fee” of US$ 100.
8. Use of Services
The AUP is posted on the site at https://it-solutions.jaispirit.com/acceptable-use-policy-aup/ and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. JAISPIRIT MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security: You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, Jaispirit will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting Jaispirit or any of its other customers.
9. Technical Support
We provide technical support for issues related to functionality of any service(s) and features purchased from us. Our technical support is available for all customers and is provided on an as-is, as available basis. We aim to deliver support in a fast and efficient manner, however, we cannot guarantee that all inquiries will be handled within the statistical averages advertised on our site. You may request technical support via our contact form (Contact us).
If you request technical support, you agree that we may have full access to your services and/or content. You are solely responsible for any instructions you provide to us as part of your technical support request. You understand and agree that any modifications we perform in order to address your technical support issue may affect the functionality of your website and/or services. It is your responsibility to ensure that your website is operational and the services are configured to your needs once we complete work on your request. If your request for technical support exceeds that of similarly situated customers or is outside the scope of our free technical support, we reserve the right to deny service related to such request.
To the maximum extent applicable under national law and without affecting your rights as a consumer, all technical support is provided as-is and is subject to the disclaimers of warranties and limitation of liability set out in these Terms. While we use reasonable efforts to provide technical support in a timely and professional manner, we cannot guarantee the result you expect or that an issue might not occur again. We retain the right not to process your technical support request(s), if: (1) you violate these Terms; (2) you are abusive towards our employees or subcontractors; (3) the need for Technical Support Services is due to any modification or attempted modification of the services made by you or any third party outside of Jaispirit’s control, or your failure or refusal to implement changes recommended by Jaispirit. We may refuse to perform any request that requires changes not compatible with the services or not related to them or that might create a security risk or deteriorate their performance.
We provide free technical support for issues related to our hosting platforms and features:
- Issues related to the proper functionality of Jaispirit User Area, including tools and features provided by Jaispirit, such as auto-update services, staging, caching, integration for currently supported SSL certificates, control panels, daily backup and other.
- Issues related to the functioning and functionality of any of our services, including issues you report related to the uptime and stability of our services.
- Assistance related to settings and proper usage of the features and tools provided by us.
- Inquiries related to the registration, renewal, and transfer of domains to us, DNS or WHOIS updates. For issues related to domain transfer from Jaispirit to another hosting provider or registrar, our support is limited to make sure the domain is transferable per the requirements for the respective domain extension.
Issues outside the scope of free technical support
- Issues related to web design, web development and/or customization.
- Issues related to GDPR, Cookie-Consent etc.
- Website related inquiries such as coding issues, database optimizations, benchmark tests, changing the current setup of your servers, installation of new software on the server, etc.
- issues related to website content, in order to prevent misunderstandings from the outset, Jaispirit does not refer to itself as a full-service web agency. Jaispirit provides the technical implementations and administers them, if possible. The website owner is responsible for the content himself. Jaispirit can, at an additional cost, assist with the creation of website content.
- Issues related to the installation of third-party scripts/applications not provided by Jaispirit.
- Inquiries related to the functioning of scripts, SEO services, optimizations, themes or extensions.
We expressly point out that every customer is responsible for the content of his own website. This also applies to issues regarding GDPR.
Customers have in principle the possibility to contact Jaispirit regarding the correct implementation of GDPR, in order to get an offer for the correct implementation of GDPR on their website. If the offer does not meet their expectations, the customer can resort to third party services.
If you request technical support for issues outside the scope of our free technical support services, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for technical support. Fees for technical support must be paid in advance.
10. Intellectual Property Rights
Your Warranties and Representations to Jaispirit: You warrant, represent, and covenant to Jaispirit that: (a) you are at least 18 years of age if an individual; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines, including the AUP; and (d) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation, or ordinance.
11. Third Party Products
Jaispirit may provide you with access to other third party software and/or services (“Third Party Products”) through reseller relationships that Jaispirit has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by Jaispirit and not by the Third Party Vendor. Neither Jaispirit nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT THE CUSTOMER’S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM JAISPIRIT OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER JAISPIRIT NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND JAISPIRIT WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
12. Disclaimed Warranties
Jaispirit exercises no control over, and accepts no responsibility for, the content of the information passing through Jaispirit host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. JAISPIRIT DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. JAISPIRIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability
IN NO EVENT WILL JAISPIRIT OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER JAISPIRIT NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO JAISPIRIT’S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF JAISPIRIT HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF JAISPIRIT AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO JAISPIRIT UNDER THIS AGREEMENT DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY JAISPIRIT UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE JAISPIRIT AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION
2. Interruption of Service
Jaispirit and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, Jaispirit is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any “act of God” or other cause beyond its reasonable control (including any mechanical, electronic, communications or third-party supplier failure).
In agreeing to the Jaispirit AUP and this Agreement, you agree to indemnify, defend and hold harmless Jaispirit, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to Jaispirit, or (b) the bringing of any claim against Jaispirit by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if Jaispirit is sued because of your or your customer’s activity related to the Services, you will pay any damages awarded against Jaispirit, its employees, directors, partners, representatives and affiliates, in addition to all costs and attorney’s fees.
4. MISCELLANEOUS PROVISIONS
Jaispirit and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THAILAND (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE APPROPRIATE COURTS IN THAILAND, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign, or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of Jaispirit, and any attempted assignment or delegation without such consent will be void. Jaispirit may assign this Agreement in whole or part. Jaispirit also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and Jaispirit are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and Jaispirit. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
Acceptable Use Policy (AUP)
JAISPIRIT’s goal is to provide its clients with the best commercial Internet service possible. To accomplish this, JAISPIRIT has adopted this Acceptable Use Policy (the “AUP”). This AUP outlines acceptable use of JAISPIRIT’s network. All JAISPIRIT clients and all others who use the Service (the “client”, “user”, “you”, or “your”) must comply with this AUP. If your business or organization does not agree to comply with this AUP, it must immediately stop all use of the Service and notify JAISPIRIT, so that it can close your account.
JAISPIRIT’s clients who provide services to end users are responsible for such end users compliance with the terms of this AUP and must take steps to ensure compliance by their users. By using or accessing JAISPIRIT’s services, Clients agree to be bound by the terms of the AUP.
JAISPIRIT reserves the right to modify, the Policy at any time, effective upon posting at https://it-solutions.jaispirit.com/acceptable-use-policy-aup/. Clients are responsible for monitoring this website for changes. Use of JAISPIRIT’s Services after changes to the AUP are posted on the website shall be deemed to constitute Clients’ acceptance of such new or additional terms of the AUP.
1. ILLEGAL USE
The JAISPIRIT network may be used only for lawful purposes. Transmission, distribution or storage of any materials in violation of any applicable law or regulation is prohibited. This includes, without limitation:
- Material protected by copyright, trademark, trade secret, software piracy, patents or other intellectual property right without proper authorization.
- Engaging in activity that violates privacy, publicity or other personal rights of others.
- Material that is obscene, abusive, defamatory, harassing, or contains lèse-majesté or threatening language constituting an illegal threat or violates export control laws.
- Exploitation of vulnerabilities in hardware or software for malicious purposes such as exploitation of scripts presented on web pages (i.e., forms for answering questions or entering data).
2. SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability.
Examples of system or network violations include, without limitation the following:
- Activities that disrupt the use of or interfere with the ability of others to effectively use the JAISPIRIT network, system, service, or equipment by utilizing programs, scripts, or commands to abuse a website (i.e., DDOS, SYN Floods or similar attacks).
- Unauthorized access to or use of computers, data, systems, accounts or networks, including any attempt to probe, scan, or test the vulnerability of a system or network or an attempt to penetrate security measures of another individual’s system (known as ‘hacking’) is prohibited.
- Interference with service to any user, host or network including, without limitation, mail-bombing, flood, deliberate attempts to overload a system and broadcast attacks.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of JAISPIRIT IP space is prohibited.
- Also, attempting to circumvent Client authentication or security of any hosts, network, or account (‘cracking’) without authorization is prohibited.
- Simulating communications (“phishing”) from and/or to a website or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting or otherwise engaging in any monitoring or interception of data not intended for the User without authorization is prohibited.
- Using malware, DNS cache poisoning or other means (“pharming”) to redirect a user to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service is prohibited.
Sending unsolicited mail messages is prohibited, including without limitation
A) Client is prohibited from sending unsolicited bulk and/or commercial messages over the Internet (‘spamming’). This includes receiving replies from unsolicited emails, (i.e., ‘drop-box’ accounts) or configuring any email server in such a way that it will accept third party emails for forwarding (i.e., open mail relay). Bulk email may only be sent to recipients who have expressly requested receipt of such email messages through a ‘verified opt-in’ process. Users that send bulk email messages must maintain complete and accurate records of all email subscription requested, specifically including the email and associated headers sent by every subscriber, and shall immediately provide JAISPIRIT with such records upon request. If a site has roaming users who wish to use a common mail server, the mail server must be configured to require user identification and authorization.
B) Service must not be used to:
- Send messages to any individual or entity who has indicated that they do not wish to receive a message from you.
- Collect or redirect responses from unsolicited messages sent from accounts on another Internet hosts or messaging services which violates this policy, or the equivalent policy or any other policy of any other Internet service provider or website. Moreover, unsolicited messages sent from accounts on other Internet hosts or messaging services may not direct the recipient to any website or other resource that uses JAISPIRIT’s network.
- Purchase lists of email addresses from third parties for mailing to or from any JAISPIRIT hosted domain, or referencing JAISPIRIT account, is prohibited.
- Distribute Internet Viruses, Worms, Trojan Horses, flooding, mail bombing, or denial of service attacks or distributing information regarding the creation of such viruses, worms, etc. for reasons other than mitigation or prevention is prohibited. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment is prohibited. Transmitting, distributing or storing information or material, that, as reasonably determined by JAISPIRIT, is threatening, abusive, violates the privacy of others or which violates any applicable law or regulation, that is harmful to or interferes with JAISPIRIT’s provision of Service, the JAISPIRIT network or any third party’s network, equipment, applications, services or websites, that is fraudulent or contains false, deceptive or misleading statements, claims or representations (i.e., phishing), and deceptive marketing practices including, without limitation to, practices that violated trade commission guidelines for proper online marketing schemes is prohibited.
4. OBSCENE SPEECH OR MATERIALS
Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. Using JAISPIRIT’s network to advertise, transmit, store, post, display or otherwise make available child pornography or obscene speech or materials or lèse-majestéy is prohibited. JAISPIRIT does not prohibit any material allowed by law. JAISPIRIT is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through JAISPIRIT’s network.
5. RISKS OF THE INTERNET
A) Some activities that clients can perform when accessing the Internet may be harmful or cause loss to client, other people that may access client’s service, or client’s equipment including, without limitation:
- Downloading content (including receiving emails) from the Internet which may introduce viruses or other harmful features to the client’s computer;
- purchase goods or services using the Internet;
- transmitting confidential information over the Internet (such as credit card numbers or other business information), or
- accessing and viewing content on the Internet or otherwise available through the service that may be offensive to some individuals, or inappropriate for children.
B) Client shall bear all risk associated with the activities referred to in paragraph (A) above and JAISPIRIT does not have any liability for any claims, losses, actions, damages, suites or proceeding arising out of or otherwise relating to such activities.
C) Client may minimize the risk of accessing illegal or offensive content as well as managing use of the Internet by using a filtering solution. JAISPIRIT does not provide these filtering solutions as part of the Service and it is the client’s responsibility to implement these measures.
YOU ACKNOWLEDGE YOUR INDEMNIFICATION OBLIGATIONS UNDER THE TERMS OF SERVICE OF JAISPIRIT AND AGREE THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL MONETARY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM VIOLATIONS OF THIS AUP TO INCLUDE, WITHOUT LIMITATION, THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY JAISPIRIT, THE NETWORK AND BUSINESS OPERATIONS OF JAISPIRIT, RELATED COSTS INCURRED BY JAISPIRIT, AND ANY THIRD PERSON OR PARTY AND THAT SUCH MONETARY DAMAGES WILL BE CHARGED TO YOUR ACCOUNT. VIOLATIONS OF THIS AUP MAY RESULT IN SIGNIFICANT CIVIL AND CRIMINAL LIABILITY TO YOU.
7. DATA LIABILITY AND RESPONSIBILITY
YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR ANY AND ALL DATA STORED OR TRANSMITTED ON, TO, FROM, OR THROUGH THE SERVICES, SERVERS, AND IP ADDRESSES PROVIDED TO YOU BY JAISPIRIT TO INCLUDE, WITHOUT LIMITATION, BLOCK SPECIAL FILES, CHARACTER SPECIAL FILES, DIRECTORIES, SYMBOLIC LINKS, SOCKET LINKS, FIFO’S, REGULAR FILES, PROGRAMS, DATABASES, TEXT, GRAPHICS, PICTURES, MOVIES, AUDIO, STREAMING MEDIA, WEB PAGES, HYPERLINKS, EMAIL, INSTANT MESSAGES, CHAT MESSAGES, FILE TRANSFERS, HOST NAMES, AND DOMAIN NAMES.
8. DISCLAIMER OF RESPONSIBILITY
JAISPIRIT ASSUMES NO LIABILITY OR RESPONSIBILITY TO ANY PERSON OR PARTY FOR ANY VIOLATION OF THIS AUP BY ANY OTHER PERSON OR PARTY. IT IS THE POLICY OF JAISPIRIT, BUT NOT ITS OBLIGATION, TO MONITOR ITS NETWORK FOR POTENTIAL, ALLEGED, OR ACTUAL VIOLATIONS OF THIS AUP AND TO CANCEL EGREGIOUS OR REPEAT OFFENDERS OF THIS AUP WITHOUT PRIOR NOTICE.
9. RIGHT OF REFUSAL
JAISPIRIT reserves the right to refuse service to anyone at any time.
10. ADDITIONAL TERMS AND CONDITIONS
The use of the JAISPIRIT network by a Client is subject to the terms and conditions of any agreements entered into by such Client with JAISPIRIT. This AUP is incorporated into such agreements by reference.
11. COMPLAINTS/VIOLATIONS OF AUP
Any complaints regarding prohibited use of other abuse of the JAISPIRIT Network, including violations of this AUP, should be reported over JAISPIRIT’s contact form (Contact us). Please include all applicable information that will assist JAISPIRIT in investigating the compliant.
Note: Please note that the following additional license terms apply only to customers with a JAISPIRIT Server Subscription with Windows Operating System.
END USER LICENSE TERMS
TERMS AND CONDITIONS REGARDING USE OF MICROSOFT SOFTWARE
This document governs the use of Microsoft software, which may include associated media, printed materials, and “online” or electronic documentation (individually and collectively, “Products”) provided by Jaispirit Co., Ltd. (hereinafter referred to as “JAISPIRIT”). JAISPIRIT does not own the Products and the use thereof is subject to certain rights and limitations of which JAISPIRIT must inform you. Your right to use the Products is subject to the terms of your agreement with JAISPIRIT, and to your understanding of, compliance with, and consent to the following terms and conditions, which JAISPIRIT does not have authority to vary, alter, or amend.
“Client Software” means software that allows a Device to access or utilize the services or functionality provided by the Server Software.
“Device” means each of a computer, workstation, terminal, handheld PC, telephone, pager, personal digital assistant, “smart phone,” server or other electronic device.
“Server Software” means software that provides services or functionality on a computer acting as a server.
“Software Documentation” means any end user document included with server software.
“Redistribution Software” means the software described in Paragraph 4 (“Use of Redistribution Software”) below.
2. OWNERSHIP OF PRODUCTS
The Products are licensed to JAISPIRIT from an affiliate of the Microsoft Corporation (collectively “Microsoft”). All title and intellectual property rights in and to the Products (and the constituent elements thereof, including but not limited to any images, photographs, animations, video, audio, music, text and “applets” incorporated into the Products) are owned by Microsoft or its suppliers. The Products are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Your possession, access, or use of the Products does not transfer any ownership of the Products or any intellectual property rights to you.
3. USE OF CLIENT SOFTWARE
You may use the Client Software installed on your Devices by JAISPIRIT only in accordance with the instructions, and only in connection with the services, provided to you by JAISPIRIT. The terms of this document permanently and irrevocably supersede the terms of any Microsoft End User License Agreement that may be presented in electronic form during your use of the Client Software.
4. USE OF REDISTRIBUTION SOFTWARE
In connection with the services provided to you by JAISPIRIT, you may have access to certain “sample,” “redistributable” and/or software development (“SDK”) software code and tools (individually and collectively “Redistribution Software”). YOU MAY NOT USE, COPY, MODIFY, AND/OR DISTRIBUTE ANY REDISTRIBUTION SOFTWARE UNLESS YOU EXPRESSLY AGREE TO AND COMPLY WITH CERTAIN ADDITIONAL TERMS CONTAINED IN THE SERVICES PROVIDER USE RIGHTS (“SPUR”) APPLICABLE TO JAISPIRIT, WHICH TERMS MUST BE PROVIDED TO YOU BY JAISPIRIT. Microsoft does not permit you to use any Redistribution Software unless you expressly agree to and comply with such additional terms, as provided to you by JAISPIRIT.
You may not make any copies of the Products; provided, however, that you may (a) make one copy of Client Software on your Device as expressly authorized by JAISPIRIT; and (b) you may make copies of certain Redistribution Software in accordance with Paragraph 4 (Use of Redistribution Software). You must erase or destroy all such Client Software and/or Redistribution Software upon termination or cancellation of your agreement with JAISPIRIT, upon notice from JAISPIRIT or upon transfer of your Device to another person or entity, whichever occurs first. You may not copy any printed materials accompanying the Products.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY
You may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.
7. NO RENTAL
You may not rent, lease, lend, pledge, or directly or indirectly transfer or distribute the Products to any third party, and may not permit any third party to have access to and/or use the functionality of the Products except for the sole purpose of accessing the functionality of the Products in the form of software services in accordance with the terms of this agreement and any agreement between you and JAISPIRIT.
Without prejudice to any other rights, JAISPIRIT may terminate your rights to use the Products if you fail to comply with these terms and conditions. In the event of termination or cancellation of your agreement with JAISPIRIT or JAISPIRIT’s agreement with Microsoft under which the Products are licensed, you must stop using and/or accessing the Products, and destroy all copies of the Products and all of their component parts.
9. NO WARRANTIES, LIABILITIES OR REMEDIES BY MICROSOFT
ANY WARRANTIES, LIABILITY FOR DAMAGES AND REMEDIES, IF ANY, ARE PROVIDED SOLELY BY JAISPIRIT AND NOT BY MICROSOFT, ITS AFFILIATES OR SUBSIDIARIES.
10. PRODUCT SUPPORT
Any support for the Products is provided to you by JAISPIRIT and is not provided by Microsoft, its affiliates or subsidiaries.
11. NOT FAULT TOLERANT
THE PRODUCTS MAY CONTAIN TECHNOLOGY THAT IS NOT FAULT TOLERANT AND ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS IN WHICH THE FAILURE OF THE PRODUCTS COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL, PROPERTY OR ENVIRONMENTAL DAMAGE.
12. EXPORT RESTRICTIONS
The Products are subject to U.S. export jurisdiction. JAISPIRIT must comply with all applicable laws including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see http://www.microsoft.com/exporting/
13. LIABILITY FOR BREACH
In addition to any liability you may have to JAISPIRIT, you agree that you will also be legally responsible directly to Microsoft for any breach of these terms and conditions.
You find the MICROSOFT SERVICES PROVIDER USE RIGHTS under:
© Copyright Jaispirit Co., Ltd. – All rights reserved.
These Term notifications are subject to change without notice.
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