IMPORTANT – READ CAREFULLY
THIS INTERACTIVE WEBSITE PACKAGE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR AN ENTITY) AND JUMP WEB SPOT, LLC. READ IT CAREFULLY BEFORE CREATING AN INTERACTIVE WEBSITE HOSTED BY JUMP WEB SPOT, LLC, ON ITS INTERACTIVE WEBSITE MANAGER SERVER. IT PROVIDES A LICENSE TO USE THE INTERACTIVE WEBSITE MANAGER SERVER TO CREATE AND MAINTAIN AN INTERACTIVE WEBSITE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY CREATING AN INTERACTIVE WEBSITE HOSTED BY JUMP WEB SPOT, LLC, ON ITS INTERACTIVE WEBSITE MANAGER SERVER, YOU ARE CONFIRMING YOUR ACCEPTANCE OF AN INTERACTIVE WEBSITE AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT CREATE AN INTERACTIVE WEBSITE HOSTED BY JUMP WEB SPOT, LLC, ON ITS INTERACTIVE WEBSITE MANAGER SERVER.
1.1 “Basic Interactive Website Package” means an Interactive Website with the following features:
a. Unlimited access and ability to edit your Interactive Website 24/7;
b. Use of Licensor’s web page designs, which can be changed at any time without effecting Content within the Licensed Product;
c. All edits to your Interactive Website are effective immediately;
d. Use of Edit-in-PlaceSM;
e. Ability to create animations with Animate your SpaceSM;
f. Use of royalty free photo library and ability to upload photos and use of photo manipulation within the Licensed Product;
g. Use of royalty free content library and ability to upload content solely for use within the Licensed Product; absolutely nothing from the content library may be used in other applications, nor may it be printed off or used for marketing purposes.
h. Use of E-Commerce for 1-5 products compatible with PayPal (additional fee for more than 5 products);
i. 10 e-mail accounts (additional fee for more than 10 e-mail accounts);
j. Web mail access through Internet Explorer;
k. Domain name management;
l. Newsletter function and auto-unsubscribe;
m. Ability to build your own secure forms; and
n. All-American Technical Support available for $75 per hour;
1.2 “Content” means all data, text, images, animation, video, audio, graphics, photographs, artwork and other similar materials, placed on the Interactive Website Manager Server.
1.3 “Documentation” means all user guides, reference manuals, instructional and/or promotional CDs and DVDs, and other promotional materials and documentation provided by, or otherwise made available by Jump Web Spot, LLC.
1.4 “Intellectual Property” means, without limitation, a party’s proprietary trademarks, trade dress, trade names, corporate names, works of authorship, ideas, know-how, methods, techniques, engineering designs, discoveries, inventions, innovations, software programs, data or firmware, processes, procedures, inventions, information, symbols, data, pictures, drawings, designs, or systems, whether written or electronically generated, displayed, reproduced, stored or recorded in any manner, and all derivatives, modifications, improvements, enhancements, and discoveries conceived of or arising there from.
1.5 “Licensee” means the purchaser of the license rights granted by this EULA (also referred to as “You” or “Your”).
1.6 “Licensed Product” means an Interactive Website Package hosted by Licensor on its Interactive Website Manager Server, as well as Documentation.
1.7 “Licensor” means Jump Web Spot, LLC, or its successors or assigns.
1.8 “Interactive Website Manager Server” means Jump Web SpotSM and its components, in Source Code or Object Code form for which Licensee has paid the applicable license fees.
1.9 “Ala Carte Options” means one of the following additional features that can be added to the Basic Interactive Website Package for additional monthly fees as specified below:
a. Additional e-mail accounts ($1 each per month).
1.10 “You” and “Your” means the purchaser of the license rights granted by this EULA (also referred to as “Licensee”)
2.1 Grant of License. In accordance with the terms and conditions of this EULA, Licensor grants Licensee a non-exclusive, nontransferable license to use the Interactive Website Manager Server to create and manage an Interactive Website consistent with this EULA. All rights to and in the Licensed Product, including, but not limited to, Intellectual Property rights, belong to Licensor; and Licensor holds title to each Interactive Website, including all Content, hosted on its Interactive Website Manager Server. An Interactive Website shall only be used by a single Licensee at one time. Licensee may not sublicense, transfer, or assign, in whole or in part, the Licensed Product to others, and this Agreement shall automatically terminate in the event of such a sublicense, transfer, or assignment unless such sublicense, transfer, or distribution is expressly authorized in writing by Licensor. Licensee agrees and acknowledges that the Reseller has absolutely no authority to bind the Licensor.
3.1 Domain Name. Use of a Domain name has a fee of $50 (U.S. Dollars) per year to be paid by the Licensee to the Licensor.
3.2 Transfer of Domain Name. Transfer of Domain name has a one time fee of $50 (U.S. Dollars) to be paid by the Licensee to the Licensor.
3.3 Basic Package. The Basic Interactive Website Package has a one-time set up fee of $599.00 (U.S. Dollars), due immediately upon execution of this Agreement and payable to the Licensor, plus a fee of $39.95 (U.S. Dollars) per month, due on the 1st (first) of each month, payable to the Licensor.
3.4Ala Carte Options. A list of ala carte options and their fees is provided in paragraph 1.9. Ala carte options may be chosen in addition to the Basic Interactive Website Package. If an ala carte option is chosen, that option’s ala carte fee will be due in addition to the Basic Interactive Website Package fee each month, on the 1st (first) of each month, payable to the Licensor. An updated list of ala carte features, if applicable, will be available on the Licensor’s website. Licensee will be able to move between Packages and Options at any time.
3.5 Bandwidth. The basic package has a data transfer limit of 100MB (megabytes) per month. If the amount of data transferred by your website exceeds this limit in one month, there will be an overage charge to be negotiated separately.
4.1 Term. This EULA shall remain in effect until terminated.
4.2 Termination by Licensee. Licensee may terminate this EULA by providing 30 days written notice to Licensor. Upon termination of this EULA, Licensee’s license to use the Interactive Website Manager Server terminates immediately and all content, including content provided by Licensee, on Licensee’s Interactive Website will be deleted.
4.3 Termination by Licensor. Licensor may terminate this EULA at any time if Licensee breaches any of the terms and conditions of this EULA. Upon termination of this EULA, Licensee’s license to use the Interactive Website Manager Server terminates immediately and all Content on Licensee’s Interactive Website, including content provided by Licensee, will be deleted.
4.4 Survival of Rights after Termination. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.
5.1 Licensee Warranty. Licensee warrants that it owns or has the legal right to use all Content on its Interactive Website, and that such Content does not violate or infringe the Intellectual Property rights of Licensor or any third party, or violate any applicable law, rule, or regulation. Licensee shall defend, indemnify, and hold harmless the Licensor and Licensor’s members, employees, re-sellers, and agents from any and all losses, claims, damages, expenses, and liabilities of any kind incurred in enforcing this indemnity.
6.1 Limited Warranty. The Licensed Product is intended for commercial, institutional, industrial, or individual users. Licensor does not warrant that the functions provided by the Licensed Product will meet Licensee's requirements or that the operation of the Licensed Product will be uninterrupted or error-free. Licensor is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Licensed Product or for problems in the interaction of the Licensed Product with non-Licensor software. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS MEMBERS, EMPLOYEES, RE-SELLERS, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES.
6.2 Disclaimer. EXCEPT AS PROVIDED ABOVE, THE LICENSED PRODUCT IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH LICENSEE.
7.1 Limitation of Liability. IN NO EVENT WILL LICENSOR OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, DEVELOPMENT, PRODUCTION, OR SALE OF THE LICENSED PRODUCT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE LICENSED PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES.
8.1 Restriction on Transfer. Any attempt to sublicense, transfer, or assign any of the rights, duties, or obligations hereunder is void unless such sublicense, transfer, or assign is expressly authorized in writing by Licensor in advance.
8.2 U.S. Government as Licensee. The Licensed Product is a "commercial item," as that term is defined at 48 C.F.R. 2.101, developed exclusively at private expense, consisting of "commercial computer software" and "commercial computer software documentation" as those terms are defined in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4, all U.S. Government end users acquire the Licensed Product with only those rights as are granted to all other end users set forth in this EULA.
8.3 Amendment(s). Licensor may amend the terms of this Agreement at any time upon 30 days written notice to Licensee of such amendment(s).
8.4 Proper Notices. All notices and other communications required or permitted under this EULA shall be deemed to have been given if mailed, postage paid, transmitted by facsimile, personally delivered, or delivered by a commercial delivery service, to the address of the Licensee listed on file with the Licensor or to the address of the Licensor as currently provided at www.jumpwebspot.com. It is Licensee’s sole responsibility to update Licensor with its current contact information.
8.5 Governing Law. This EULA shall be governed by and interpreted under the laws of the State of Michigan, United States of America, without regard to conflicts of provisions.
8.6 Joint Venture. Nothing contained in this EULA shall be construed so as to make the parties partners or joint venturers.
8.7 Waiver. The failure of either party to this EULA to insist upon the performance of any of the term or conditions of this EULA will not be construed as thereafter waiving any such terms or conditions but the same will continue and remain in full force and effect as if no such forbearance or waiver had occurred.
8.8 Integration. LICENSEE AGREES THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN LICENSEE AND LICENSOR, AND SUPERSEDES ANY PROPOSAL, REPRESENTATION, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT WHETHER MADE BY LICENSOR OR RESELLER OF LICENSED PRODUCT.
8.9 Severability. If any provision of this EULA becomes or is declared by a court of competent jurisdiction to be unenforceable, this EULA shall continue in full force and effect without the provision.
8.10 Headings. All article, section, and paragraph headings contained in this EULA are for reference only and in no way define, limit or extend the EULA or the intent of any of its provisions.