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Jpark Service Terms & Conditions

This Agreement explains the terms and conditions governing your use of the services made available to you by Jpark Inc., hereinafter called "Jpark" or "We". It represents the whole agreement and understanding between Jpark and the individual, corporation or organization who subscribes to the Service hereinafter called "Member" or "Members" or "You" or "you". This document is referred to as the "Agreement".

PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Jpark may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Jpark believes is harmful to the business of Jpark or the use of the Service by others or is harmful to any other party.

Jpark reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://www.jpark.com/terms.html. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

As a condition of your use of the Service, you warrant that you will not utilize the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By forwarding or proxying any content (including information, data, text, software, music, sound, photographs, graphics, video, or messages) through the Jpark Service, you warrant that: (1) you are the owner of such Content, or have been granted all the rights necessary from the Content owner, and (2) that the use of such Content will not infringe the intellectual property rights, or otherwise violate the rights, of any third party. By submitting Content to Jpark, you automatically grant Jpark (or warrant that the Content owner has granted) a nonexclusive, royalty-free license to use, modify, copy, duplicate, transmit, publicly display, publish, create derivative works of, distribute, or transfer any such Content, for any purpose whatsoever without any compensation to you.
Your use of the Service must be in compliance with Canadian and US laws and laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.

The following is a list of content and behavior prohibited by the Service:

Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Jpark account will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Jpark service, solution or technology.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

Jpark reserves the right and sole discretion to:

Review any accout for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels;
Terminate an account for non-payment of Service fees or providing fraudulent account information or fraudulent payment information;
Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Jpark or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar distructive activities; and other activities whether lawful or unlawful that Jpark determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement;
Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical resons or to maintain network equiment or facilities.

You agree that use of the Service is at your own risk. Jpark makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Jpark is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Jpark.

For greater certainty and without limitation to the generality of the following:

in no event will Jpark be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you;
Jpark, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site;
in no event shall Jpark be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

Last update: Dec 1, 2005

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