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Jade Inc.'s Acceptable Use Policy
1. Terms of Service Agreement and Jade's Acceptable Use Policy (JAUP) is provided by Jade Inc ("Jade Inc." "Jade" or "we") to you ("Member" or "you"), subject to the terms of this Agreement and Jade Inc.'s operating policy, which is incorporated herein and referred to as the "Jade Acceptable Use Policy" or "JAUP" and shall be collectively referred to as "JAUP". The JAUP comprises the entire agreement between Jade and you, and supersedes any prior agreements between you and Jade Inc. with respect to the subject matter of the JAUP; provided, however, that you shall be subject to any additional terms and conditions which you are notified of and which may apply when using third party content, software or services. Jade Inc. may revise the JAUP at any time, and such revision shall be effective thirty (30) days after posting the revised JAUP in the Terms of Service section of the website, which will include notice of the date of the last JAUP modification ("Effective Date"). You agree to review the JAUP periodically to be aware of such revisions. If any such revision is unacceptable to you, you may terminate your membership as provided below. Your continued use of Jade following the effective date of any such revision to the JAUP shall be conclusively deemed as acceptance of all such revisions.
2. Account Info. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD. By registering as a Member, you will receive a password and a master account ("Master Account"). You are entirely liable for all activities conducted through your Master Account and any sub-accounts or screen-names under your Master Account ("Sub-Accounts"). (A Member may permit another individual, including a minor, to use the Members Account or Sub-Accounts subject to Member supervision and with assumption of all resulting liabilities.) You agree to provide Jade Inc. with accurate, complete, and updated registration information, and failure to do so shall constitute a breach of this Agreement and unauthorized access to Jade , and may result in immediate termination of your account and subject you to civil and/or criminal liability. Jade grants each member a limited license to create and use no more than five (5) sub-accounts. Under this license, you may not select or use a screen name of another person (unless it is also your name), a name in violation of the intellectual property rights of a third party, or a screen name that Jade Inc. deems offensive or otherwise inappropriate. Additionally, you may not use your screen name in violation of JAUP or in ways deemed inappropriate by Jade.
3. Charges. Current rates and surcharges for using Jade may be obtained by calling Jade Inc.'s Customer Service at 866-NET-JADE. Jade Inc. reserves the right to change its fees and billing methods at any time. If any such change is unacceptable to you, you may terminate your Membership as provided below. Your continued use of Jade following the effective date shall be deemed acceptance of such change. Your monthly membership fee is payable in advance and is not refundable in whole or part. You are responsible for all charges associated with connecting to Jade. Failure to keep current with the account charge will result in termination of service. There will be a $25.00 re-connection fee to re-establish service in addition to other fees. Late fees will be charged on all accounts after the 5th day of the current service month if payment has not been received. Late fees of $10.00 will be applied to your account unless superseded by your company contract in which the specified contractual fees will be assessed. Billing service charges will be assessed on each company or individual members account in the amount of $5.50 as of March 1, 2007 so that the amount of the service plus the billing service charge will be the invoiced amount per month. You agree that any telephone charges incurred are your responsibility. Depending on your particular location, you may not have local access, and thus can use Jade' 800 access. The 800 charges are in addition to the monthly access fee. Members accessing Jade from outside the 614 area code may be assessed communication surcharges on your Jade bill. You are responsible for all activities and charges under your Master Account and Sub-account(s), including any unauthorized charges to your account. Each time you use Jade you agree and reaffirm that Jade Inc. is authorized, as applicable, to charge your designated card or withdraw funds via electronic funds transfer from your checking account. You acknowledge that if you want to see the detailed components of accumulated charges you may do so by sending an email to Jade at accounting@jadeinc.com.
4. Rights and Responsibilities. (a) Content. You acknowledge that (i) Jade contains information, communications, software, photo, video, graphics, music, sounds and other material and services (collectively, "Content"), and (ii) such Content is generally provided under license by independent content providers ("ICPs") and other Jade subscribers. Each Member and any user of Member's Master Account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. Jade Inc. does not pre-screen Content as a matter of policy, but Jade Inc. and ICPs shall have the right, but not the responsibility, to remove Content which is deemed in their discretion harmful, offensive, or otherwise in violation of the JAUP. (b) Rights. You acknowledge that (i) Jade Inc permits access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights ("Rights"), and (ii) that these Rights are valid and protected in all media existing now or later developed and (iii) except as is explicitly provided otherwise, your use of Content shall be governed by applicable copyright and other intellectual property laws. You agree that you may upload to the software files, message boards or otherwise transmit on or through Jade Inc. only Content that is not subject to any Rights, or Content in which any holder of Rights has given express authorization for distribution on Jade Inc. You represent that you have the right to upload any files that you upload. (c) Conduct and Communication. Jade Inc. may elect at its sole discretion to monitor some, all or none of the Public Areas of Jade for adherence to the JAUP. You agree to use Jade only for lawful purposes. Any conduct by a Member that in Jade Inc'.s sole discretion restricts or inhibits any other Member, person or entity from using or enjoying Jade or another service will not be permitted and shall entitle Jade Inc. to immediately terminate membership without notice. Jade reserves the right to protect its members and the Jade service from offensive email communication, including but not limited to the right to block mass email solicitations (i.e. junkmail).
5. International C&S/Internet.(a) International Areas. You acknowledge that your use of Jade allows access to Content originating from subscribers, ICPs and other third parties located in countries other than the United States ("International C&S"). Your access to and use of the International C&S will be governed (in addition to this Agreement) by separate terms and operating policies which conform to appropriate national laws and customs.(b) Internet. Jade offers Members access to the Internet. The Internet is not owned, operated, managed by, or in any way affiliated with, Jade Inc. or any of its affiliates. Your use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Jade Inc. retains the right, but not the obligation, in its sole discretion and without prior notice or liability, to restrict or terminate a Members access to the Internet via Jade or to Jade. Additionally, Jade Inc. retains the right but not the obligation, in its sole discretion and without prior notice or liability, to limit the distribution within the Jade Service of emailers unauthorized mass email solicitations.
6. NO WARRANTY. MEMBER EXPRESSLY AGREES THAT USE OF JADE, JADE'S EMAIL SERVICES IS AT MEMBERS SOLE RISK. JADE'S SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. JADE INC.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF JADE AND JADE'S SOFTWARE SHALL BE THE REPLACEMENT OF ANY DISKETTE FOUND TO BE DEFECTIVE. JADE INC.'S LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE AMOUNT PAID BY YOU TO ACCESS AND USE JADE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES JADE INC.'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Service Level Commitment. Jade offers a service level agreement on all on-net dedicated services. Jade Inc. reserves the right to review and deny any credits under this section claimed by Customer, should Customer’s claim, in Jade’s reasonable judgment, not meet the criteria established for such claim.
- The Jade Inc. Service Level Commitment is limited to only those on-net (Type1, i.e. those circuits and facilities owned by Jade Inc.) services being provided under this agreement and applies to each service individually.
- Customer eligibility. The customer must open a trouble ticket with the Jade operations team in connection with the Service Level Agreement (SLA) violation in order to be eligible for credit. The trouble ticket must be relative to the violation in question. If a customer is entitled to multiple credits under the SLA arising from the same events, then credits shall not be cumulative. The customer shall be entitled to receive only the maximum single credit available for such an event.
- Maximum SLA Credits. The maximum SLA credits issued in any one calendar month shall not exceed:
- Charges equaling 50% of the monthly charges for each individually affected service with respect to Network Availability.
- Charges equaling 50% of the total monthly charges under this agreement with respect total services covered under this agreement with respect to any SLA violation (if multiple services provided under this agreement).
- Service Credit Exceptions. Jade Network Outage Time is measured from the time a Jade trouble ticket is opened, as a result of the customer’s inability to transmit and receive data, to the time the connection is able to transmit and receive data. Service Credits shall not be issued where the service is unavailable as a result of:
- Failure of any components beyond the customer side of either the access provider demarcation or the Jade provided equipment, including, but not limited to Customer’s applications, equipment or facilities.
- Network outages caused by non-Jade Inc. provided local loop (e.g. AT&T/Verizon/Wireless provided local loop).
- Network downtime during Jade Inc. scheduled maintenance window.
- Force majeure events.
- Acts or omissions of Customer or any other user of the service authorized by Customer, and/or any willful misconduct or abuse of Jade Inc. services.
- Service Level Agreement. Jade Service’s availability guarantee is to have the Jade Inc. Network performance as defined below. Jade Inc. will credit Customer’s account if Jade Services fail to meet this availability guarantee during any given calendar month.
- If Customer believes that Jade Inc. has failed to meet the commitment levels defined in this SLA Customer must contact its Jade Inc. Account Manager/Executive within five (5) business days of the last day of the month in which the relevant SLA was not met. Jade Inc. will verify all or any SLA violation prior to issuing Customer a service credit.
- Mean Time to Repair (MTTR- per billing period)
Sum of all trouble ticket service restoration intervals relative to Network Outage
Total Number of trouble tickets relative to Network Outages
| Applicable Components |
Goal |
Violation Remedy |
| *Network Availability |
99.5% Availability |
1 day credit = 1/30th of the monthly fees for the applicable locations(s) per each hour of downtime in a given billing period. |
| **Mean Time to Repair (MTTR) |
4 hours (monthly average) |
1 day credit = 1/30 of the monthly fees for the applicable location(s) for each hour that exceeds the initial 4 hour MTTR in a given billing period. |
*NOTE: Jade Inc. Components included in Network Availability: (a) Jade Inc. type 1 dedicated facilities used to provide private line connectivity between two (2) or more customer locations, dedicated access to customer selected interexchange Carrier Points of Presence (POP), or access to Jade Inc. provided data services and (b) Jade Inc. provided CPE (Channel Dark, Router; CSU/DSU).
**NOTE: MTTR is calculated less access time. Access time is defined as (a): the time it takes for the customer to respond to Jade Inc. repair questions related directly to current open trouble ticket(s) or(b) the time a Jade on site repair technician waits to gain access to the customer premises.
Indemnification. Upon request of Jade Inc., Member agrees to defend, indemnify and hold harmless Jade, its affiliated companies, licensees, telecommunications providers, and ISPs from all liabilities, claims and expenses, including attorneys fees, arising from breach of the JAUP by use of, or in connection with, the transmission by or through Members Master Account or Sub-Accounts of any Content on Jade. Jade Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder, and in such event, Member shall have no further obligation to provide indemnification for such matter.
9. Termination. Either Member or Jade Inc. may terminate membership at any time by sending an email to accounting@jadeinc.com.
TELEPHONE CANCELLATION WILL NOT BE ADEQUATE NOTICE OF TERMINATION WITHOUT AN EMAIL COMMUNICATION IN ADDITION. Member's only right and sole remedy with respect to any dissatisfaction with any (i) JAUP term, or policy or practice of Jade in operating Jade, (ii) Content available through Jade or change therein, or (iii) amount or type of fees or billing methods, or change therein, is to terminate Membership by delivering notice to Jade Inc. (accounting@jadeinc.com). Member's notice of termination will be effective upon receipt by Jade Inc. In the event that a Members account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted and any online time credited to Member's account(s) or Sub-Accounts is not convertible to cash or other form of credit.
When a customer cancels their annual dial-up account prior to the end of the year, there will be no customer refund as the administrative cost of revising and prorating charges will exceed the value of the services, especially since the annual rate is a discount rate.
10. Law. To the extent of any conflict between this agreement and the JAUP, this agreement shall take precedence. Should any part of the JAUP be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect. The JAUP and your membership shall be governed by the laws of the State of Ohio, excluding its conflicts of law rules. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of Ohio. Member further agrees and expressly consents to the exercise of personal jurisdiction in the State of Ohio in connection with any dispute or claim involving Jade Inc.
This file was last modified October 23rd, 2007.
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