JoltDigital
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Thursday, June 22, 2017 

 

Terms of Service

JoltDigital, Inc., is a developer and host of personal and business World Wide Web pages. JoltDigital does not actively monitor nor does JoltDigital exercise editorial control over the content of any web site, electronic mail transmission, mailing list, news group or other material created or accessible over JoltDigital servers. However, JoltDigital reserves the right to remove any materials JoltDigital does become aware of that are, in JoltDigital's sole discretion, potentially illegal, could subject JoltDigital to liability, or violate this policy.

For this agreement the term site will also cover any services related to dedicated servers and colocation.

Responsibilities of the Parties
A. Website Hosting: After payment of the applicable Hosting Fees, JoltDigital will provide Client with the selected hosting and/or other web services as described on JoltDigital's website at www.JoltDigital.com (the "Work"). Client agrees to respond to JoltDigital's requests and inquiries in a timely fashion and understands that its failure to do so may result in additional fees being charged to Client and/or suspension of the Work (including taking Client's Site off-line), in JoltDigital's sole and reasonable discretion.
B. Other Services: JoltDigital has development, maintenance and other services available under separate agreement, as described on the JoltDigital website.

Compensation/Payment
Client will pay JoltDigital the fees quoted and invoiced. For invoiced fees, all payments are due five (5) days after the date of each invoice. JoltDigital may impose a late charge equal to 1.5% per month or the maximum legal rate on overdue amounts. In addition, Client may be required to reimburse JoltDigital for all out of pocket expenses incurred in connection with the Work, including long distance telephone, facsimile, photocopy, printing, postage, courier and delivery, backup tapes, software specific to Client needs, and travel ("Expenses"). Client shall pay all Expenses within 30 days of the date of invoice. If any Client accounts with JoltDigital are overdue, under this Agreement or otherwise, JoltDigital may at its sole discretion, suspend performance of the Work (including taking Client's Site down) and/or terminate this Agreement or any other agreement with Client.

Term
This Agreement shall commence when JoltDigital begins the Work.

Website Content
Client is responsible for providing all Content for the Site which shall be true, accurate, and complete, unless prior written arrangements have been made with JoltDigital for JoltDigital to provide Content. Client represents and warrants that it owns or has obtained permission to use all Content, which permissions or authentications shall be Client's sole responsibility. Client shall at all times remain responsible for (a) reviewing and approving the substance and Content of the Site; and (b) complying with all laws with respect thereto, including but not limited to copyright, trademark and libel laws. JoltDigital may rely on the accuracy and completeness of all information provided by Client. "Content" means all text, pictures, sound, graphics, logos, images, video and other data supplied by Client to JoltDigital.

Ownership
Client acknowledges and agrees that ownership of all source code, software and material developed and produced by JoltDigital in connection with this Agreement is the product of and shall remain with JoltDigital and shall NOT be deemed "works-for-hire". Without limiting the foregoing, JoltDigital specifically reserves and maintains the right to develop, modify and sell derivative works and/or similar products relating to the Work produced by JoltDigital hereunder. These provisions shall not apply to any Content supplied by Client or any confidential Information of Client. Upon payment in full to JoltDigital of all amounts due, JoltDigital grants Client a royalty-free, non-exclusive, nontransferable license to use the Work solely for the use intended herein and for no other purpose.

Inappropriate Material and Use
Client agrees to use the Site in accordance with this Agreement, and only for lawful purposes in compliance with all applicable laws. Client shall not post, upload, store, distribute or transmit any inappropriate material on its Site or in connection with the Work. Inappropriate material shall be determined by JoltDigital in its sole discretion and includes, but is not limited to, threats of physical harm, pornograpy and copyrighted, trademarked and other proprietary material used without proper authorization. Client further may not use the Site to damage, detrimentally interfere with, circumvent or expropriate any system, data or personal information or in any other inappropriate manner, as determined by JoltDigital. This includes but is not limited to the distribution of unsolicited bulk e-mail, commonly known as spamming, the transmission of viruses, mailbombing, and/or any tool or action that compromises the security of any other site. Such use or transmission of unlawful material could subject Client to criminal as well as civil liability in addition to the actions further defined in this Agreement. Client acknowledges that JoltDigital may in its sole discretion, suspend Client web hosting, refuse to include inappropriate material on the Site, suspend, modify or terminate the Work, take the Site off-line, or remove the inappropriate material, without liability, for any violation of this Agreement.

Credit and Debt Card Data
JoltDigital strongly suggests against the storing of card data such as numbers and expiration dates. It is much wiser to real time processing so this can be avoided. With this in mind if you the client decide to store card data you do this at your own discretion. JoltDigital accepts no responsibility or liability for this action. All financial, legal, or other responsibilities are solely that of the merchant storing the data for legal transactions. The storing of card data for any other purpose, the emailing of card data or the storage of card security codes however are strictly forbidden and grounds for termination. The above applies for shared, dedicated and colocation accounts.

Email Abuse
The following activities are considered as email abuse and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.

Such activities carried out from servers/systems not managed by JoltDigital are also prohibited if they link to websites, content or material hosted on JoltDigital's servers/systems.

Emailing abuse carries a fine of up to $150 USD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your account and an appropriate legal action.

Indemnification
Client shall indemnify, defend and hold harmless JoltDigital, its owners, directors, officers, agents and employees against all claims, demands, losses, expenses and causes of action arising out of or in any way relating to Client's violation of this Agreement, the design, operation, and/or maintenance of the Client's Site by JoltDigital, the Content, inappropriate material, and/or in connection with the Client's business, including but not limited to (i) infringement or misappropriation of any intellectual property right; (ii) defamation, libel, slander, obscenity, pornography or violation of the rights of privacy or publicity; (iii) spamming or any other offensive, harrassing and illegal conduct; (iv) any content placed on JoltDigital's servers by Client or Client's users; or (v) any damage or destruction which is caused by or results from acts or omissions by Client, Client's employees or Client's agents, except to the extent of JoltDigital's gross negligence or willful misconduct.

Warranty
Customer acknowledges that the Work is provided "AS IS." Neither JoltDigital nor any of its employees or agents warrant that JoltDigital's web hosting service will be uninterrrupted, error free or secure. ANY STATUTORY OR OTHER WARRANTY, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. Under no circumstances will JoltDigital be liable to the Client or any other person for any loss or damage caused by the Client's Site.

Limitation of Liability
JOLTDIGITAL'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY CLIENT FOR THE WORK GIVING RISE TO THE CLAIM. IN NO EVENT SHALL JOLTDIGITAL BE LIABLE FOR INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME, DATA OR USE OF INFORMATION, EVEN IF JOLTDIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Confidentiality
During the term of this Agreement, JoltDigital and Client may exchange certain proprietary and confidential information in connection with the Work ("Confidential Information"). Any Confidential Information designated as such in writing by the disclosing party prior to or at the time such Confidential Information is disclosed to the other party shall be maintained by the recipient in strict confidence, shall not be disclosed to third parties unless required to do so by law, and shall not be used for its own benefit. The obligations of the recipient hereunder shall not apply to any Confidential Information which (a) was in the public domain at the time it was disclosed, (b) enters the public domain other than by breach of this Agreement by the recipient, (c) is known to the recipient at the time of its disclosure, or (d) is disclosed to the recipient by a third party who has the right to do so. In the event of breach by a recipient of this section, the provider shall be entitled to specific performance or injunctive relief as a remedy for such breach in addition to its other remedies at law. The parties' obligations under this section shall terminate three (3) years after the date of disclosure. Client acknowledges that JoltDigital is engaged in the business of designing, developing, installing and hosting websites. Client agrees that this Agreement does not limit or restrict JoltDigital's ability to engage in such business and does not limit JoltDigital's use or application of any technical information or knowledge acquired independently in the course of such business.

Termination
Either party may terminate this Agreement after thirty (30) days written notice to the other. In the event of such termination, JoltDigital shall be compensated in full for any phase of the Work which has been commenced by JoltDigital; for any equipment that JoltDigital has purchased on behalf of Client; and for all other Work otherwise performed. Either party may terminate this Agreement and any other agreement among the parties at any time, after written notice and seven (7) days opportunity to cure, for a material breach of this Agreement. JoltDigital shall have the right to terminate or suspend this Agreement and any other agreement among the parties at any time if Client fails to make payments when due under any agreement among the parties.

General
(a) JoltDigital Shall not be in default of its obligations to the extent that its performance is delayed or prevented by causes beyond its reasonable control, including but not limited to Acts of Nature, failure of its providers, delays by Client and strikes or other labor disturbances. (b) This Agreement shall not be assigned or transferred by either party without the prior written consent of the other. (c) The validity, interpretation, construction and performance of this Agreement shall be governed and construed by the laws of the State of Florida. Suit with respect to this Agreement may be brought only in the State of Florida and Client submits to personal jurisdiction in Florida. (d) Any notices required or permitted to be given hereunder shall be in writing and shall be deemed to be validly delivered if sent by personal hand delivery, overnight mail service, sent by facsimile or email with a confirmation, or mailed by certified or registered mail, return receipt requested, to the last known address of the applicable party. (e) This Agreement, including the exhibits and proposal of JoltDigital and the policies, procedures and terms posted on JoltDigital's website, is the complete and exclusive statement of the agreement between Client and JoltDigital regarding the subject matter hereof and supersedes all agreements and any other communications, whether oral or written, between Client and JoltDigital. Different or additional terms contained in documents supplied by Client shall not apply. This Agreement may be modified, changed or revised by Client only in writing signed by JoltDigital. This Agreement and the applicable policies, procedures and terms contained on JoltDigital's website may be amended from time to time by JoltDigital To the extent any of the terms of the exhibits, proposals, or the website conflict with this Agreement, the provisions of this Agreement shall govern, unless they are subsequent in time. (f) If any provision of this Agreement are determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. (g) Client shall be responsible for all costs and expenses (including court costs and attorneys' fees) incurred by JoltDigital in enforcing this Agreement.


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