Business Service
Terms & Conditions
The parties hereby acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, D&E Jazzd can make no guarantee that any given Internet user shall be able to access Customer's network at any given time, nor does D&E Jazzd make any explicit or implied service performance guarantees. D&E Jazzd represents that it shall make a good faith effort to ensure that its servers and network are available as widely as possible and with as little service interruption as possible.
D&E Jazzd will exercise no control whatsoever over the content or format of the information passing through its network or residing on its or Customer's servers. D&E Jazzd will not be responsible for any damages that may be sustained by Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Customer. In the event that material provided by Customer to D&E Jazzd is not "server ready", D&E Jazzd may, at its option and at any time, reject and delete this material, including but not limited to after it has been put on D&E Jazzd's servers. D&E Jazzd agrees to notify Customer of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of D&E Jazzd. If Customer fails to modify the material as directed by D&E Jazzd, within a reasonable period of time to be determined solely by D&E Jazzd, the Agreement shall be deemed to be terminated.
The parties acknowledge that "connection speeds" represent the maximum speed of a connection and do not represent guarantees of available end-to-end bandwidth. Stated bandwidths apply only to the customer-to-D&E Jazzd connection, wherein wholly owned by D&E facilities apply. No guarantee of end-to-end bandwidth on 3rd party facilities or the Internet as a whole are made.
D&E Jazzd reserves the right to change its service in accordance with the terms of the Agreement and including but not limited to access procedures, hours of operation, menu structures, commands, documentation, ordering procedures and services offered.
Customer may only use D&E Jazzd's servers for lawful purposes. Transmission of any material in violation of any Federal, State or Local law or regulation is prohibited. This includes, but is not limited to trademark or copyright infringement, material that is threatening, obscene, profane, or material protected by trade secrets of others. This also includes links or any connection to such materials.
The service, D&E Jazzd's system, and this Agreement may change from time to time. This Agreement shall not be modified in any way except by a writing signed by both parties except that D&E Jazzd reserves the right, at D&E Jazzd's sole discretion and without further notice or liability, to discontinue or alter the service or any feature of the service including, without limitation, a) restricting the time of availability, b) restricting the availability and/or scope of the service for certain types of computers and operating systems, c) restricting the procedures for or amount of access or use permitted, d) restricting or terminating any user's right to access and use the service, and e) changing system hardware and software. Any change is effective immediately upon a posting on the service, electronic mail, or conventional mail.
Disclaimer of Warranties and Limitation of Liability
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY D&E JAZZD, D&E JAZZD DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR WHICH MAY BE OFFENSIVE TO YOU. D&E JAZZD HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND IS SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND THE MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. D&E JAZZD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. D&E JAZZD MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH D&E JAZZD OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY D&E JAZZD OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. D&E JAZZD AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM CUSTOMER'S USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, D&E JAZZD'S CUMULATIVE LIABILITY TO ANY SUBSCRIBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.
D&E Jazzd grants to Customer a limited, nonexclusive, nontransferable and nonassignable license to install and use the D&E Jazzd access software (including software from third party vendors that D&E Jazzd distributes, in object code format), its associated documentation, and any updates thereto ("Licensed Programs") in order to access and utilize the Services. Customer agrees to use the Licensed Programs solely in conjunction with the Services and for no other purposes. D&E Jazzd may modify the Licensed Programs at any time, for any reason, and without providing notice of such modification to Customer.
The Licensed Programs constitute confidential and proprietary information of D&E Jazzd and D&E Jazzd's licensors and embody trade secrets and intellectual property protected under United States copyright laws, other laws, and international treaty provisions. All right, title, and interest in and to the Licensed Programs, including associated intellectual property rights, are and shall remain with D&E Jazzd and D&E Jazzd's licensors. Customer agrees not to translate, decompile, reverse engineer, distribute, remarket, or otherwise dispose of the Licensed Programs or any part thereof.
Customer agrees not to download, use or otherwise export or re-export the Licensed Programs or any underlying information or technology except in full compliance with all United States and other applicable laws and regulations. By execution of this Agreement , Customer represents and warrants that it is not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's List of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.
Contractor/manufacturer is D&E Jazzd, 124 East Main Street, Ephrata, Pennsylvania 17522.
It is the customer's responsibility to ensure that their network is configured in a secure manner that will not allow it to be used by themselves or others for illegal or inappropriate actions. A customer may also not configure their network in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Using Jazzd Internet Services for any activity which adversely affects the ability of other people or systems is prohibited and will result in service cancellation.
The parties acknowledge that electronic mail and other transmissions passing through the service or over the Internet and through D&E Jazzd's system cannot be made fully secure, and that D&E Jazzd cannot guarantee the security or privacy of any information or communications. D&E Jazzd shall not intentionally monitor or disclose any private electronic communications, except to the extent necessary to identify or resolve system problems or as otherwise permitted or required by law.
Where applicable, Customer must provide D&E Jazzd with material and data in a condition that is "server ready", or which is in a form requiring no additional manipulation on the part of D&E Jazzd. D&E Jazzd shall make no effort to validate submitted information for content, correctness, or usability.
Use of D&E Jazzd's web hosting services requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's web space by Customer. Customer agrees that it has the necessary knowledge to create and maintain its web site and that it is not the responsibility of D&E Jazzd to provide this knowledge or customer support outside of matters specific to D&E Jazzd's servers.
