Terms and Conditions
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Jasper.cloud's Acceptable Use Policy, including SPAM, and all disconnect and reconnect fees associated with violations..
The following terms constitute an agreement between you and Jasper.cloud. These Terms of Service govern your use of the services provided by Jasper.cloud (the “Services”).
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Rotterdam, The Netherlands any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services “AS IS” and without warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Jasper.cloud agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Jasper.cloud reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Jasper.cloud.
Changes to Terms of Service and AUP
Jasper.cloud's Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Jasper.cloud. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
Service Interruption for Non Payment
Services interrupted for non-payment may be subject to a $5,- late fee after 5 days. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of Jasper.cloud. Clients deactivated for non-payment or charge-back are subject to their data being destroyed seven (7) days past due, unless otherwise specified or agreed upon.
Jasper.cloud is not responsible for data integrity, regardless of circumstance. Jasper.cloud strongly recommends keeping up to date and off network backups to protect against data loss.
Our Managed Shared Hosting Services rendered by Jasper.cloud are eligible for a refund. Any other service offered by Jasper.cloud is non-refundable. This includes but is not limited to our SpamExperts, SiteLock or Backup offerings, or any customized or personalized service.
Prepayments such as account credit are ineligible to be refunded. If a charge which is deemed valid by Jasper.cloud, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an ‘Administrative Fee’ of $99 in addition to original amount of funds which were reclaimed.
In the event a service is suspended for non-payment, it will be subject to termination seven (7) days from the past due date. Jasper.cloud assumes no liability for the integrity of the data stored on a suspended server.
Jasper.cloud requires a five (5) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A five (5) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date.
Early Termination of Contract (if applicable)
If you have signed a longer term contract to reduce pricing - Jasper.cloud requires a seven (7) day notice of early termination of contract prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. There will be an early termination fee to be determined by management in order to cancel the contract early.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Jasper.cloud. All information available to Jasper.cloud about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES .AS IS., .WITH ALL FAULTS. AND .AS AVAILABLE.. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A LOS ANGELES DEDICATED, INC. REPRESENTATIVE SHALL CREATE A WARRANTY.
You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFILLIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Jasper.cloud provides hardware and network support related to each direct client’s service functioning. Jasper.cloud does offer limited software support by default on our services, however, extended management plans can be purchased by contacting our sales team.
Jasper.cloud does not provide any type of support to the clients of our clients (third party clients). Jasper.cloud will only provide support directly to our direct customers. If you are a direct customer, please feel free to contact us as we are available 24x7 to assist you.
Abuse/Spam/Bulk Email Policy
Jasper.cloud reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis
We will create an abuse ticket under your account, forwarding the original complaint and specifying the type of complaint. We require a client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response. Remember, communication is key - we are always willing to work with our customers.
Jasper.cloud reserves the right to refuse services to any client whose account(s) have been fined or terminated for abuse-related activities. If an IP range or IP address has been blacklisted as a result of excessive abuse reports, Jasper.cloud reserves the right to issue a fine of $100 and immediately terminate the service.
Jasper.cloud offer services with unmetered bandwidth. If your account is found to be using an excessive amount of bandwidth (more than 50x the available diskspace of the account) you are contacted by our support team to discuss why this is happening and if it can be remedied. With continued high bandwidth usage with or without causing a high load on the server, you might be requested to move the offending website to another provider.
While usually not required, clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Jasper.cloud. The identity verification measures may include the email of two forms of government issued identification to Jasper.cloud, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
Jasper.cloud keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. Jasper.cloud reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.
All communications from Jasper.cloud and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services. We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Company Registration Information:
Jasper.cloud is a trademark of Snapcrowd, a Registered company in The Netherlands under Chamber of Commerce (KVK) #65364171.
As a summary, we do not allow anything that is illegal in the Netherlands or the EU. For example, our services are NOT to be used for or in any form to provide services that include but are not limited to spam, phishing, scam, fraud, illegal pornography, abuse, theft, trafficking, unwarrented tracking, hacking, denial of service attacks, digital content theft such as television shows, movies, software, 'warez' or any form of content that otherwise would be paid for.
Users are expected to monitor their usage and utilize our services in a manner that is considered fair share and not abusive to the Disk I/O or CPU. If you require dedicated resources and want to max it out, we would recommend getting your own dedicated server at another provider.
Anything related to cryptocurrency mining, email spamming, bruteforce attacks, outbound DDoS, CPU mining, Runescape, Traffic Exchange are not allowed on our platform.
Last Revised 2020.04.05