Universal Terms of Service Agreement
This Universal Terms of Service Agreement ( Agreement ) sets
forth the terms and conditions of the use of our systems, software, platforms,
APIs, and the use and/or purchase of our products and related services and for
the purchase and/or use of any products and services acquired through Jiinubi from our partners and/or affiliates (collectively
Services ).
In this Agreement You and Your
refer to You as the user of our Services, or any agent, employee, servant or
person authorized to act on Your behalf. We , Us and Our refer to Jiinubi.
Inc, as well as its subsidiaries and sister companies ( Jiinubi ).
This Agreement explains Our obligations to You, and explains Your obligations
to Us for using Our Services. These obligations are in addition to (not in lieu
of) any specific terms and conditions that apply to the particular Services.
When You use Our site, Your account (or You permit someone
else to use it) to purchase or otherwise acquire access to Services or to
cancel Your Services (even if We were not notified of such authorization), You
signify Your agreement to the terms and conditions contained in this Agreement,
along with the following policies and the applicable product agreements, which
are incorporated by reference herein.
The following general policies apply to all Our Services:
We offer the following Services. Within each category, you
will find the additional terms and conditions that apply to particular products
and services.
Domains
Whois Privacy Service
Affiliate Program
Hosting
SSL Certificates
Logo Builder
App Services
Apps
1. Term of Agreement; Modification.
You agree that Jiinubi may, in its
sole and absolute discretion, modify this Agreement and the Services it offers
to You from time to time and that such modifications are effective immediately
upon posting to this site. Your use of the site or Services, after such changes
or modifications have been made, constitutes Your agreement to be bound by this
Agreement as last revised. If You have purchased Services from Jiinubi, the terms and conditions of this Agreement shall
continue in full force and effect, including any changes made to this
Agreement, as long as You take advantage of and use the Services.
2. Eligibility & Authority.
Our site and Services are available only to users who can
form legally binding contracts under applicable law. By using this site and/or
the Services, You represent and warrant that you are
at least eighteen (18) years of age and not a person barred from purchasing or
receiving the Services found under the laws of the United States or other
applicable jurisdiction.
If You are entering this Agreement on behalf of a corporate
entity, You represent and warrant that You have legal
authority to bind such corporate entity to the terms and conditions contained
in this Agreement (and those additional agreements and policies incorporated by
reference), in which case You , Your will also refer to such corporate
entity. If, after acceptance of this Agreement, We
find that You do not have the legal authority to bind said corporate entity, You will be personally responsible for the obligations
contained in this Agreement and any/all related agreements that You enter into
based on the Services You use, including but not limited to the payment
obligations. Jiinubi shall not be liable for any loss
or damage resulting from Our reliance on any instruction, notice, document or
communication reasonably believed by Us to be genuine and originating from an
authorized representative of Your corporate entity. If there is reasonable
doubt about the authenticity of any such instruction, notice, document or
communication, We reserve the right (but undertake no
duty) to require additional authentication from You. You further agree to be
bound by the terms of this Agreement, and any other agreement and/or policies
required by the Services purchased, for transactions entered into by You,
anyone acting as Your agent and anyone who uses Your account or the Services,
whether or not authorized by You.
3. Accounts; Accurate Information; Transfer of Data
Abroad.
Accounts & Accurate Information. In order to
access some of the features of this site or use some of the Services, You will have to create an Account. You represent and
warrant that all information You submit when you create your Account is
accurate, current and complete, and that you will keep your Account information
accurate, current and complete. You further agree to maintain accurate
information by providing updates to Us, as needed, while You are using the
Services. You agree that You will notify Jiinubi
within five (5) business days of any change in the information You provided as
part of the application and/or registration process and as required by Your
Account. Failure by You, for whatever reason, to respond within five (5)
business days to any inquiries made by Jiinubi to
determine the validity of information provided by You will constitute a
material breach of this Agreement.
If We have reason to believe that Your Account information
is untrue, inaccurate, not current, misleading or incomplete, We reserve the right, in Our sole and absolute discretion,
to suspend or terminate your Account and any Services.
You are solely responsible for the activity that occurs on
Your Account, whether authorized by You or not, and You must keep your Account
information secure, including without limitation Your customer username/login,
support pin code, password, API key (if any) and any/all content which might
include payment details.
You must notify Jiinubi
immediately of any breach of security or unauthorized use of Your Account. We
will not be liable for any loss You incur due to any unauthorized use of Your
Account. You, however, may be liable for any loss We or others incur caused by
Your Account, whether caused by You, or by an authorized person, or by an
unauthorized person. Further, You agree that We may
charge You administrative fees equal to $50 (US Dollars) per hour for Our time
spent in relation to said matter, regardless of whether or not We return
control over the Account and/or domain names in question to You.
Transfer of Data Abroad. If you are visiting
this Site and/or using Our Services from a country other than the country in
which Our servers are located, Your communications
with Us and/or use of Our Services may result in the transfer of personal
information (including Your Account information) across international
boundaries. By visiting this Site, using Our Services and communicating
electronically with Us, You consent to such transfers.
4. Data Protection, Use & Processing.
Jiinubi offers certain hosted
Services available to you that may involve the submission, collection and/or
use of personally identifying or identifiable information about you and your
own customers ( Your Data ) in the course of your use of these Services ( Covered
Services ). Your Data, for the purpose of this Section, excludes any User
Content. Jiinubi s Controller to Processor Data
Processing Addendum ( DPA ), which is hereby incorporated by reference
and applicable to Covered Services, is meant to provide you contractual
assurance that we have robust mechanisms to ensure the processing of Your Data,
including transfers of Your Data from the EEA is compliant with applicable data
privacy laws.
For the purposes of the Controller to Processor DPA and the
Standard Contractual Clauses attached to the DPA (when and as applicable), you
(and your applicable affiliates) are considered the Data Controller/Data
Exporter, and your acceptance of the terms of service governing Covered
Services at the time of purchase of any Covered Services will also be treated
as your acknowledgment and acceptance of the DPA and its appendices (including
the Standard Contractual Clauses and its appendices, as applicable).
Covered Services, as defined in this Section and in the
Controller to Processor DPA, include hosted services that are subject to the
terms and conditions of the following Agreements: (1) Domain
Registration Agreement, (2) Email Terms of Service, (3) Hosting Terms of Service, (4) Website Builder Terms of Service, (5) Whois Privacy Service Agreement and (6) SSL Certificates Service Agreement
5. Availability of Website & Services.
We shall use commercially reasonable efforts to attempt to
provide this site, the Services available to purchase on Our site and Our
Services on a twenty-four (24) hours a day, seven (7)
days a week basis. You acknowledge and agree that from time to time this site
may be inaccessible or inoperable for any reason including, but not limited to,
equipment malfunctions; periodic maintenance, repairs or replacements that We undertake
from time to time; or causes beyond our reasonable control or that are not reasonably
foreseeable including, but not limited to, interruption or failure of
telecommunication or digital transmission links, hostile network attacks,
network congestion or other failures. You acknowledge and agree that We have no
control over the availability of this Site or Services on a continuous or
uninterrupted basis, and that We assume no liability to You or any other party
with regard to such, including but not limited to loss of revenue.
From time to time, Jiinubi may
offer new Services (limited preview services or new features to existing
Services) in a pre-release version. New Services, new features to existing
Services or limited preview services shall be known, individually and
collectively, as Beta Services . Beta Services, unless otherwise exempted, are
subject to the following:
If You elect to use any Beta Services, then your use of the
Beta Services is subject to the following terms and conditions: (i) You acknowledge and agree that the Beta Services are
pre-release versions and may not work properly; (ii) You acknowledge and agree
that Your use of the Beta Services may expose You to unusual risks of
operational failures; (iii) The Beta Services are provided as is, so We do not
recommend using them in production or mission critical environments; (iv) We
reserve the right to modify, change, or discontinue any aspect of the Beta
Services at any time; (v) Commercially released versions of the Beta Services
may change substantially, and programs that use or run with the Beta Services
may not work with the commercially released versions or subsequent releases;
(vi) Jiinubi may limit availability of customer
service support time dedicated to support of the Beta Services; (vii) You
acknowledge and agree to provide prompt feedback regarding Your experience with
the Beta Services in a form reasonably requested by Us, including information
necessary to enable us to duplicate errors or problems you experience. You
acknowledge and agree that we may use Your feedback for any purpose, including
product development purposes. At Our request You will provide Us with comments
that We may use publicly for press materials and marketing collateral. Any
intellectual property inherent in Your feedback or arising from Your use of the
Beta Services shall be owned exclusively by Jiinubi;
(viii) You acknowledge and agree that all information regarding Your use of the
Beta Services, including Your experience with and opinions regarding the Beta
Services, is confidential, and may not be disclosed to a third party or used
for any purpose other than providing feedback to Jiinubi;
(ix) the Beta Services are provided as is , as available , and with all
faults . To the fullest extent permitted by law, Jiinubi
disclaims any and all warranties, statutory, express or implied, with respect
to the Beta Services including, but not limited to, any implied warranties of
title, merchantability, fitness for a particular purpose and non-infringement.
Jiinubi offers, as part of the
Services available to You, products and/or services from third parties. These
products and/or services are subject to the terms of this Agreement, including
any additional policies and agreements required, and this Agreement controls as
between You and Jiinubi. Nothing contained in any
agreement executed between You and a third party
provider shall eliminate, reduce or add to the obligations of Jiinubi as described herein.
All paid Services are non-refundable, unless otherwise
specified.
6. Account Panel.
The account panel associated with Your Account ( Account
Panel ) enables You to purchase, renew, extend, suspend or cancel Service(s).
You acknowledge and agree that You will not use the Account Panel to abuse
and/or overload any of Our Systems or Services or any API. Abuse of the Account
Panel will be determined in Our sole and absolute discretion. It includes but
is not limited to repetitive, high volume requests,
inquiries, calls or other excessive use or abuse of Our Systems or Service(s)
or any API. You further agree to abide by such guidelines on acceptable use of
Our Services (and/or the Account Panel) as set forth by Us, which may change at
any time in Our sole and absolute discretion. In addition to any other right to
terminate, Jiinubi specifically has the right to
immediately terminate Your Account, without notice or right to cure, in the
event that You violate this term.
7. Acceptable Use Policy (AUP).
You acknowledge and agree to the following with respect to
all of Our Services:
A. You will use all Services for lawful purposes only and
You will comply with the terms of this Agreement and any other agreements you
have entered into by virtue of purchasing or using Our Service(s) in addition
to all applicable local, state, national and international laws, rules and
regulations.
B. You will not collect or harvest (or permit anyone else to
collect or harvest) any user content (as defined below) or any non-public or
personally identifiable information about any other user or any other person or
entity without their express permission.
C. You will NOT use our site or Services in a manner (as
determined by Us in our sole and absolute discretion) that:
D. You will not access Jiinubi
Content (defined below) or User Content (also defined below) through any
technology or means other than through this site itself, or as We may
designate.
E. You agree to back-up all of Your User Content, including
email and applicable content, so that You can access it when needed. Jiinubi does not warrant that We back-up any account, User
Content and/or email and applicable content, and You agree to accept as a risk
the loss of any and all of Your User Content.
F. You agree to provide government-issued photo
identification and/or government-issued business identification, plus whatever
else We deem required and necessary, in order to verify Your identity.
Jiinubi reserves the right to
refuse Services to anyone upon Our discretion. Any material that in Jiinubi s judgment is either obscene or threatening is
strictly prohibited and will be removed from Jiinubi
servers immediately with or without prior notice and may lead to possible
warning, suspension or immediate account termination with no refund.
You agree that We have the sole right to decide what
constitutes a violation of the AUP described above as well as what is the
appropriate severity of any corrective action to be applied. In the event that
a violation of Our AUP is found, Jiinubi will take
corrective action upon Our own discretion and will notify You. Jiinubi s decision in such case is binding and final, and
cannot be a subject of a further change. Jiinubi
cannot and shall not be liable for any loss or damage arising from Our measures
against actions causing harm to Jiinubi or any other
third party.
You further agree to the product and service specific AUPs
which are incorporated herein by reference:
Acceptable Use Policy Jiinubi
Acceptable Use Policy for web hosting clients
8. Monitoring and Moderation of Content; Restrictions
Policy
When using this Site and/or any Service, you will not
provide, post, publish, share or otherwise make available or accessible any
illegal content or content that is incompatible with or violates this Agreement
(including without limitation Sections 7 (Acceptable Use Policy), Section 10 (Jiinubi Content; User Content) and Section 17 (No Spam;
Liquidated Damages) or that violates any applicable laws, including those of
the European Union (EU) and / or Member States.
Jiinubi generally does not
pre-screen User Content. However, and subject to applicable laws, Jiinubi reserves the right (but undertakes no duty) to
review User Content and decide whether any item of such User Content is
appropriate and/or complies with this Agreement. By way of example, Jiinubi may for instance voluntarily screen or pre-screen
material for potential child sexual abuse material and act against any such
material.
Jiinubi may remove any item of
User Content and/or suspend or terminate a User s access to Services for
posting or publishing any material in violation of this Agreement, or for
otherwise violating this Agreement (as determined by Jiinubi
in its sole and absolute discretion), at any time and without prior notice.
Action may include suspension of hosting services and/or domain name
registration used in related to such content. Jiinubi
may also suspend or terminate a User s access to Services and/or account if Jiinubi has reason to believe the User is a repeat
offender.
If Jiinubi terminates your access
to Services, Jiinubi has no obligation nor duty to
preserve or provide you with any data and files stored by you on its servers.
Jiinubi also reserves the right,
but undertakes no duty, to review use of the Services and account activity for
any activity that may pose a risk to Jiinubi and/or Jiinubi s systems. Jiinubi also
may review, adjust the configurations of, and/or change the settings of any
Services, including the settings of any hosted environment, that Jiinubi believes, in its sole and absolute discretion, may
pose a risk to Jiinubi and/or violate the terms of
this Agreement.
9. European Union Digital Services Act ( DSA )
Supplemental Terms of Service
This section 9 applies as from February 17, 2024, which is
the date of entry into effect of the EU Digital Services Act.
This Section applies to You if you are in the EU and/or if
You are using our Site or Services in a way that falls within the scope of the
DSA. In the event of any conflict between the terms of this Section 9 and
the other provisions of this Agreement, the terms of Section 9 shall
control.
9.1. Scope of Application. These provisions
only apply to you if you are in the EU and / or if you are using the Site or
Services falling within the scope of the DSA. Though described elsewhere in our
set of terms, this Section outlines our content moderation policies and sets of
information required under the DSA as transparency obligations for intermediary
service providers.
9.2. Acceptable Use of Our Services. Users are
prohibited from providing, publishing or transmitting content which is
incompatible with or violates this Agreement (including without limitation
Sections 7 (Acceptable Use Policy), Section 10 (Jiinubi
Content; User Content) and 17 (No Spam; Liquidated Damages)) or any applicable
laws in the EU or in any EU country Any content violating these terms is
considered Unauthorized Content.
9.3. Jiinubi Content Moderation
Actions.
Jiinubi reserves the right to
voluntarily take action against any content that violates our Universal Terms
of Service and/or applicable laws. This expressly includes but is not
limited to violation of terms regarding prohibited content such as the prohibitions
in Section 7 (Acceptable Use Policy), Section 16 (Trademark or Copyright
Claims), and Section 17 (No Spam; Liquidated Damages). It may also
include measures to preemptively prevent violation of the terms of any product
or service You have purchased.
Jiinubi, in its sole discretion, reserves the right to
determine whether Our Services are being used in relation to Prohibited
Content. We may, but are not obligated to, provide notice to You prior to
removing such content or taking action on the related Services. We
reserve the right to, at any time, take action without such prior notice.
In addition, we may be required by law or court order to do so.
As part of Our fraud and abuse prevention efforts, Jiinubi may independently investigate claims by third party
abuse detection services to verify whether such claims are valid. Jiinubi may also work with law enforcement and other
government agencies regarding large scale abuse efforts that may have
widespread impact.
We may also take preemptive action against the registration
of services where We have determined, in our sole discretion, that they are
being registered for the purpose of abuse. We may use automated tools to
identify high-risk registrations and automate decisions such as suspension or
cancellation of such purchases. We regularly review any and all automated /
partially automated decisions by anti-abuse tools to ensure they are applied in
an objective, consistent and accurate manner.
Jiinubi may, at any time and in
some cases, without prior notice, remove any Prohibited Content provided on (or
through) this Site or any Service or suspend or terminate access to a whole
Service (e.g., disabling a website hosted by Jiinubi). In addition, with respect
to repeat offenders , namely users frequently providing manifestly Prohibited
Content, Jiinubi may suspend or terminate their
access to the Service and/or their account. Jiinubi
will generally issue a prior warning before any suspension, other than in
exceptional cases, or where Jiinubi is otherwise
legally required to take immediate action. When deciding on and applying such
restrictions, Jiinubi will act in a timely, diligent,
non-arbitrary, objective and proportionate manner.
9.4. Jiinubi Content Moderation
Actions Pursuant to the DSA.
Jiinubi, as an intermediary service provider, holds
different roles and responsibilities under the DSA based on the products and
services offered. In some instances, such as when we only provide domain
registration, Jiinubi operates as a Mere Conduit.
Where content is hosted using Jiinubi hosting
services, Jiinubi operates under the guidelines of a
Hosting Provider.
Jiinubi will take actions against
reported content that is illegal in the EU and/or Member State(s) as required
under the DSA based on our role and the related facts and circumstances.
Notices of illegal conduct and required actions may be reported by EU authorities
as outlined in the DSA. Notices of alleged illegal content may be
received via our Notice and Action Mechanism (described below) for content that
we host. Jiinubi will process these orders and
notices, and take action based on the information provided and as required
under the DSA and/or as directed by the relevant authority. In addition, where
a user of our services is a repeat offender under the DSA, Jiinubi
reserves the right to suspend Services and/or the user account.
9.5. Reporting Content. Content believed to be
illegal in the EU and/or Member State(s) may be reported as follows.
Contact us Directly: via our dedicated channel ([email protected])
Contact our Designated Article 13 DSA Representative:
Pursuant to Article 13 of the DSA, Jiinubi.com. has appointed EDSR as its legal
representative. EDSR may be contacted as follows:
If you wish to report content that you believe to be illegal
in the EU and/or a Member State country, you may submit the report using our
Notice and Action Mechanism where may be found here. Your submissions will be
reviewed and processed according to DSA guidelines and applicable law.
9.6. Abuse of the DSA Notice and Action Reporting
Mechanism. Jiinubi reserves that right to suspend
processing of notices where it has determined that the reporter has repeatedly
abused our Notice and Action Mechanism. Abuse of this reporting channel
includes, but is not limited to, repeated submissions of patently unfounded
notices. It also includes repeated and/or unacceptable abuse of Jiinubi professionals who process and respond to such
notices. Jiinubi will generally provide a warning
before taking such action.
9.7. Repeated Abuse Determination. The
following considerations are taken into account when Jiinubi
reviews situations for repeated abuse of either our services and/or the
mechanisms in place for reporting under the DSA. In general, Jiinubi uses a twelve-month window of review. However, we
reserve the right to use a different timeframe depending on the severity of the
facts.
9.8. DSA Point of Contact.
If you have any questions or queries about this Section 9 or
any other DSA-related matters, you can contact us by email at [email protected].
10. Jiinubi Content; User
Content.
In addition to the general rules above, the provisions in
this section apply specifically to Your use of Jiinubi
Content and User Content posted to Jiinubi s site
(i.e. those sites which We directly control or maintain). The applicable
provisions are not intended to and do not have the effect of transferring any
ownership or licensed rights (including intellectual property rights) You may
have in content posted to Your websites.
Jiinubi Content. Except
for User Content, with respect to all content on this site and the Services We
offer, all right, title and interest in and to all (i)
registered and unregistered trademarks, service marks and logos; (ii) patents,
patent applications, and patentable ideas, inventions, and/or improvements;
(iii) trade secrets, proprietary information, and know-how; (iv) all divisions,
continuations, reissues, renewals, and extensions thereof now existing or
hereafter filed, issued, or acquired; (v) registered and unregistered
copyrights including, without limitation, any forms, images, audiovisual
displays, text, software and (vi) all other intellectual property, proprietary
rights or other rights related to intangible property which are used,
developed, comprising, embodied in, or practiced in connection with any of the
Services identified herein ( IP rights ) are owned by Jiinubi,
and/or where applicable its partners and affiliates, and You agree to make no
claim of interest in or ownership of any such IP rights. You acknowledge that
no title to the IP rights is transferred to You, and that You do not obtain any
rights, express or implied, in the Services, other than the rights expressly
granted in this Agreement.
Jiinubi Content is provided to you
as is , as available and with all faults for Your information and
personal, non-commercial use only and may not be downloaded, copied,
reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any purposes whatsoever without Our express prior
written consent. No right or permission under any copyright, trademark, patent,
or other proprietary right is granted by this Agreement. We reserve all rights
not expressly granted in and to the Jiinubi Content,
this site, Our Services, and this Agreement do not transfer ownership of any of
these rights.
User Content. Some of the features of Our
site(s) or the Services may allow users to view, post, publish, share, store,
or manage (a) ideas, opinions, recommendations, or advice ( User Submissions ),
or (b) literary, artistic, musical, or other content, including but not limited
to photos and videos, (c) reviews, rankings and/or product ratings ( User
Reviews ) (collectively User Content ). User Content also includes all content
submitted through your Account. By posting or publishing User Content to this
site or to the Services We offer, You represent and warrant to Us that (i) You have all necessary rights to distribute User Content
via this site or via the Services, either because You are the author of the
User Content and have the right to distribute the same, or because You have the
appropriate distribution rights, licenses, consents, and/or permissions to use,
in writing, from the copyright or other owner of the User Content, and (ii) the
User Content does not violate the rights of any third party.
Security. You agree not to circumvent, disable
or otherwise interfere with the security-related features of this site or Our
Services (including without limitation those features that prevent or restrict
use or copying of any Jiinubi Content or User
Content) or enforce limitations on the use of this site or Our Services, the Jiinubi Content or the User Content therein.
11. Jiinubi s Use of User
Content.
The provisions in this section apply specifically to Jiinubi s use of User Content posted to Our websites (i.e.,
those sites which Jiinubi directly controls or
maintains). The applicable provisions are not intended to and do not have the
effect of transferring any ownership or licensed rights (including intellectual
property rights) You may have in content posted to Your hosted websites.
In General. You shall be solely responsible for
any and all of Your User Content or User Content that is submitted through Your
Account, and the consequences of, and requirements for, distributing it.
User Submissions & User Reviews. You
acknowledge and agree that:
Jiinubi shall own exclusive rights
(including all intellectual property and other proprietary rights) to any User
Submissions and/or User Reviews posted to Our site(s), and shall be entitled to
the unrestricted use and dissemination of any User Submissions or User Reviews
posted to Our site(s) for any purpose, commercial or otherwise, without
acknowledgment or compensation to You or to anyone else.
User Content (Other Than User Submissions/User Reviews). If
You have a website or other content hosted by Us, You
shall retain all of Your ownership or rights in User Content.
By posting or publishing User Content to this site or
through Our Services, You authorize Us to use the
intellectual property and other proprietary rights in and to Your User Content
to enable inclusion and use of the User Content in the manner contemplated by
this Agreement. You hereby grant Jiinubi a worldwide,
non-exclusive, royalty-free, sublicensable (through multiple tiers), and
transferable license to use, reproduce, distribute, prepare derivative works
of, combine with other works, display, and perform Your User Content in
connection with this site, the Services and Jiinubi s
(and Jiinubi s affiliates ) business(es), including
without limitation for promoting and redistributing all or part of this site in
any media formats and through any media channels without restrictions of any
kind and without payment or other consideration of any kind, or permission or
notification, to you or any third party. You also hereby grant each user of
this Site a non-exclusive license to access Your User Content (with the
exception of User Content that you designate private or password protected )
through this site, and to use, reproduce, distribute, prepare derivative works
of, combine with other works, display, and perform your User Content as
permitted through the functionality of this site and under this Agreement. The
above licenses granted by You in your User Content terminate within a
commercially reasonable time after You remove or delete Your User Content from
this Site. You understand and agree, however, that Jiinubi
may retain (but not distribute, display, or perform) server copies of Your User
Content that have been removed or deleted. The above licenses granted by You in
Your User Content are perpetual and irrevocable. Notwithstanding anything to
the contrary contained herein, Jiinubi shall not use
any User Content that has been designated private or password protected by
You for the purpose of promoting this site or Jiinubi s
(or Jiinubi s affiliates ) business(es).
12. Storage and Security.
You are entirely responsible for maintaining the
confidentiality of Your Account access credentials (including but not limited
to Your customer username/login, support pin code, password and API key (if
any)) and Account information. You acknowledge and agree that You are solely
responsible for all acts, omissions and use under and charges incurred with
Your account or password or in connection with Your content displayed, linked,
transmitted through or stored on or hosted on Our server. You shall be solely
responsible for undertaking measures to: (i) prevent
any loss or damage to Your content; (ii) maintain independent archival and
backup copies of Your content; (iii) ensure the security, confidentiality and
integrity of Your content transmitted through or stored on Jiinubi
servers; and (iv) ensure the confidentiality of Your password.
Jiinubi s servers are not an
archive and Jiinubi shall have no liability to You or
any other person for loss, damage or destruction of any of Your content. Though
some Services offered by Jiinubi are PCI (Payment
Card Industry) compliant, they should not be utilized as such without further
compliance activity with respect to Your business. Jiinubi
shall have no liability to You or any other person for Your use of Jiinubi Services in violation of these terms. Further, You agree not to undertake any activities that may impact or
place at risk Jiinubi s ability to maintain Our PCI
compliance. We reserve the right to take any action necessary to ensure Our
ongoing PCI compliance status.
13. Jiinubi, Non-Exclusive Right To
Use, Links to Third-Party Websites.
In using Our Services, You may be
granted the ability to use Our software and/or third-party software that We
make available for Your use. You may also choose to add and use third-party
software in connection with Our Services. Moreover, We
may offer third-party products and services that require You to access their
website in order to complete Your purchase and/or agree to additional terms and
conditions. For these situations, the following provisions apply.
Jiinubi Non-Exclusive
Right To Use. If You have been given
permission or the ability to use software from Jiinubi,
Jiinubi grants You a limited, non-exclusive,
nontransferable and non-assignable right and ability to use the software for
such purposes as are ordinary and customary. You are free to use the software
on any computer, but not on two or more computers at one time. You agree to not
alter or modify the software. You agree You are not
authorized to combine the software with any other software program, create
derivative works based upon the software, nor are You authorized to integrate
any plug-in or enhancement which uses or relies upon the software. You further
agree not to reverse engineer, decompile or otherwise attempt to uncover the
source code.
Jiinubi reserves all rights to the
software. The software and any copies You are authorized to make are the
intellectual property of Jiinubi. The source code and
its organization are the exclusive property of Jiinubi
and the software is protected by copyright law. Except as expressly provided
for in this section, this Agreement does not grant You any rights in the
software and all rights are reserved by Jiinubi.
Any such software and Services are provided to You as is
without warranty of any kind either express or implied, including but not
limited to the implied warranties or conditions of merchantability or fitness
for a particular purpose.
Third-Party Software Use. Jiinubi
provides some third-party software to You for easier account management. Such
software is provided on an as is as available basis. We do not guarantee that
any specific results can be obtained by using such software. Jiinubi does not take responsibility for any faults in such
software functioning. You agree that Your use of any Jiinubi
Services shall be used by You in accordance with the terms of any relevant
third-party licenses. Your failure to abide by any third-party license may
result in the immediate termination of Your Services by Jiinubi.
You can add and use third-party software on Your account
only if it is compatible with Our servers and is approved by Jiinubi. Your use
of any third party software is at Your own risk. Jiinubi does not control and therefore cannot be
responsible for any third party software performance
and provides no guarantees that its use will result in any particular outcome
or result. Jiinubi will have no liability or
responsibility for any damage, loss of data, loss of use or other loss
occurring in connection with Your use of third party
software or products. Jiinubi reserves the right, at
its sole discretion, to terminate, suspend, cancel or alter Your access to
third-party software at any time.
You are solely responsible for any license and other fees
required by the software providers, for using any third-party software
installed on Your account apart from the initial account setup.
Links to Third-Party Websites Provided By
Us. This site and the Services offered by Jiinubi, may contain links
to third-party websites that are not owned or controlled by Us. These links
include, but are not limited to, links to third-party provider services and
products through the Jiinubi App Marketplace. Jiinubi assumes no responsibility for the content, terms
and conditions, privacy policies, or practices of any third-party websites. In
addition, Jiinubi does not censor or edit the content
of any third-party websites. By using this site or Our Services, whether
provided directly by Us or by a third-party, You
expressly release Jiinubi from any and all liability
arising from Your use of any third-party website and/or services offered by
them. Accordingly, Jiinubi encourages You to be aware
when You purchase or use products/services of third-parties and to review the
terms and conditions, privacy policies, and other governing documents of each
other website that You may visit. As between You and Jiinubi,
this Agreement and all of Our policies and additional terms control Our
relationship with You.
14. Third-Party Content.
If You elect to sell or resell advertising or web space to a
third party then You will be responsible for the contents of that advertising
and the actions of that third party. Jiinubi has the
absolute right to reject any advertising or other third party
content that is illegal, offensive, defamatory or otherwise in breach of the
then current Jiinubi policy or agreement. Such
content may result in the suspension or in the immediate termination of Your
account.
15. Privacy.
Jiinubi s Privacy Policy,
which is incorporated herein by reference, is applicable to all Services. The
Privacy Policy sets out Your rights and Jiinubi s
responsibilities with regard to Your personal information. Jiinubi
will not use Your information in any way inconsistent with the purposes and
limitations provided in the Privacy Policy. You agree that Jiinubi, in its sole
discretion, may modify the Privacy Policy, and You further agree that, by using
the Services after such modifications become effective, You
have agreed to these modifications. You acknowledge that if You do not agree to
any such modification, You may terminate this
Agreement. Jiinubi will not refund any fees paid by
You if You terminate your Agreement under this provision. You represent and
warrant that You have provided notice to, and obtained consent from, any third
party individuals whose personal data You supply to Jiinubi
as part of the Services with regard to: (i) the
purposes for which such third party s personal data has been collected; (ii)
the intended recipients or categories of recipients of the third party s
personal data; (iii) which parts of the third party s data are obligatory and
which parts, if any, are voluntary; and (iv) how the third party can access
and, if necessary, rectify the data held about them. You further agree to
provide such notice and obtain such consent with regard to any third party personal data You supply to Jiinubi
in the future. Jiinubi is not responsible for any
consequences resulting from Your failure to provide notice or receive consent
from such individuals nor for Your providing outdated, incomplete or inaccurate
data.
16. Trademark or Copyright Claims.
Jiinubi is a service provider and
respects the copyrights and other intellectual property rights of others. To
the extent Jiinubi receives a proper notice of
infringement of copyright, trademark or other intellectual property, Jiinubi reserves the right to access, preserve and disclose
to third parties any of Your information or data (including personally
identifiable information and private communications) related to a written
complaint of infringement if Jiinubi believes in its
sole discretion that such access, preservation, or disclosure is necessary or
useful to respond to or otherwise address such complaint.
Jiinubi expressly reserves the
right to terminate in appropriate circumstances an account or the access rights
of a subscriber for repeated copyright infringement. Jiinubi
also reserves the right to terminate an account or subscriber for even one
instance of infringement.
If You would like to submit (a) a trademark claim for
violation of a mark on which You hold a valid, registered trademark or service
mark, or (b) a copyright claim for material on which You hold a bona fide
copyright, please refer to Jiinubi s Copyright and Trademark Policies.
17. No Spam; Liquidated Damages.
No Spam Policy. We do not tolerate the
transmission of spam. We monitor all traffic to and from our web servers for
indications of spamming and maintain a spam abuse complaint center to register
allegations of spam abuse. Customers suspected to be using Our products and
services for the purpose of sending spam are fully investigated. If We
determine there is a problem with spam, We will take
the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial
Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax),
which is email or facsimile sent to recipients as an advertisement or
otherwise, without first obtaining prior confirmed consent to receive these
communications. This can include, but is not limited to, the following:
We will not allow Our servers and services to be used for
the purposes described above. In order to use Our products and services, You must not only abide by all applicable laws and
regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer
Protection Act, but You must also abide by this no spam policy.
If We determine the services in question are being used in
association with spam, We will re-direct, suspend, or
cancel any web site hosting, domain registration, email boxes or other
applicable services for a period deemed appropriate by Jiinubi. The registrant
or customer will be required to respond by email to Us stating that they will
cease to send spam and/or have spam sent on their behalf. We may require a
non-refundable reactivation fee to be paid before the site, email boxes and/or
Services are reactivated. In the event We determine the abuse has not stopped
after Services have been restored the first time, We
may terminate any and all Services associated with the domain name in question
and, if We do, no refund will be available to You.
We encourage all customers and recipients of email generated
from our products and services to report suspected spam. Suspected abuse can be
reported by email or through Our Spam Abuse Complaint Center on the Web. Report abuse
→
Remedies, Liquidated Damages. You agree that We
may immediately terminate any Account which we believe, in Our sole and
absolute discretion, is transmitting or is otherwise connected with any spam or
other unsolicited bulk email. In addition, if actual damages cannot be reasonably
calculated then You agree to pay Us liquidated damages in the amount of $500 or
$1.00 for each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with Your Account, whichever amount is greater.
18. Use of Free Email Forwarding Services.
In order to safeguard overall server performance, You may forward not more than 500 emails/hour per domain.
Jiinubi may, at its sole
discretion, limit the volume of email messages You can deliver through our
services. Jiinubi may limit email volume by queuing
Your email messages internally, or by temporarily rejecting requests to send
email through our services. Jiinubi may block any
message You attempt to submit using our services, for any reason whatsoever,
with or without notifying You of such blocking. Under no circumstances will Jiinubi be liable to You or any other party for any
indirect, special, economic or consequential damages (including without
limitation lost profits) arising out of email blocking or queuing.
19. Additional Reservation of Rights.
Jiinubi expressly reserves the
right to deny, cancel, terminate, suspend, lock, or modify access to (or
control of) any account or any Services (including the right to cancel or
transfer any domain name registration) for any reason (as determined by Jiinubi in its sole and absolute discretion), including but
not limited to the following: (i) to correct mistakes
made by Jiinubi in offering or delivering any
Services (including any domain name registration); (ii) to protect the
integrity and stability of, and correct mistakes made by, any domain name
registry; (iii) to assist with our fraud and abuse detection and prevention
efforts; (iv) to comply with applicable local, state, national and
international laws, rules and regulations; (v) to comply with requests of law
enforcement, including subpoena requests; (vi) to comply with any dispute
resolution process; (vii) to defend any legal action or threatened legal action
without consideration for whether such legal action or threatened legal action
is eventually determined to be with or without merit, or (viii) to avoid any
civil or criminal liability on the part of Jiinubi,
its officers, directors, employees and agents, as well as Jiinubi s
affiliates.
In the event that Jiinubi need
exercise any of its rights expressed herein to investigate any potential breach
or violation of the terms and conditions of this Agreement, service fees may
continue to accrue on Your accounts, and You will continue to remain
responsible for the payment of any service fees that accrue during the relevant
period.
20. Billing & Payment; Currency; Termination &
Cancellation Policy.
Billing and Payment. All fees for the Services
shall be in accordance with Jiinubi s fee schedule
then in effect, the terms of which are incorporated herein by reference, and
shall be due at the time You order the Services, unless otherwise noted. You
may pay for Services by providing a valid credit or debit card, an electronic
check (from your personal or business checking account, as appropriate),
PayPal, Bitcoin, or any other payment method then accepted by Jiinubi (each a Payment Method ); provided, however, that
We may at Our option require that You pay fees through a particular payment
means (such as by credit card or by wire transfer) or that You change from one
payment provider to another. Charges for the Service(s) will be billed to Your
chosen Payment Method as charges for NAME-CHEAP.COM. The statement descriptor
may also include a unique identifier of the transaction. Jiinubi
is not responsible for any changes in statement descriptors made by Your credit
card issuer. If You choose to pay for the Service(s) by credit card, Our payment processing service provider may, at the
beginning of the payment process, pre-authorize the transaction charges against
Your credit card. This process confirms both the validity of the credit card
and the availability of sufficient funds to finalize the transaction. If, after
commencing the payment process, You subsequently elect
not to finalize Your transaction, We will clear any
pre-authorized charges from Our systems and reverse the payment within two [2]
hours. Depending on Your credit card provider and their policies,
pre-authorized charges may continue to be reflected in Your credit card account
details for longer than this two [2] hour period. All
prices and fees are non-refundable unless otherwise expressly noted, even if
Your Services are suspended, terminated, or transferred prior to the end of the
Services term. Jiinubi expressly reserves the right
to change or modify its prices and fees at any time, and such changes or
modifications shall be posted online at this site, or the relevant site of the
Service, and effective immediately without need for further notice to You. If
You have purchased or obtained Services for a period of months or years,
changes or modifications in prices and fees shall be effective when the
Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN
INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL
OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE
APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT
SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL
SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST
SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH
THE AUTOMATIC RENEWAL OPTION, JIINUBI WILL ATTEMPT TO RENEW THE APPLICABLE
SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT
METHOD YOU HAVE ON FILE WITH US AT JIINUBI S THEN CURRENT RATES, WHICH YOU
ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL
SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE,
SOME SERVICES MAY RENEW THIRTY (30) DAYS PRIOR TO EXPIRATION AND OTHERS MAY
RENEW FIVE (5) DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE
AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE
AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY
EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL,
YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND JIINUBI SHALL NOT
BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. JIINUBI RESERVES THE
RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE
CHOSEN PAYMENT METHOD FAIL.
IN ADDITION, JIINUBI MAY PARTICIPATE IN RECURRING BILLING
PROGRAMS OR ACCOUNT UPDATER SERVICES SUPPORTED BY YOUR THIRD-PARTY BILLING
PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE
TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER
(OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR
EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR
BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM
REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT
CARD NUMBER AND/OR EXPIRATION DATE, JIINUBI WILL AUTOMATICALLY UPDATE YOUR
PAYMENT PROFILE ON YOUR BEHALF. JIINUBI MAKES NO GUARANTEES THAT WE WILL
REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE
THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT
SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND
(II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER,
YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE
INTERRUPTION OR LOSS OF SERVICES, AND JIINUBI SHALL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY REGARDING THE SAME.
If for any reason Jiinubi is
unable to charge your payment method for the full amount owed for the Services
provided, or if We receive notification of a chargeback, reversal, payment
dispute, or are charged a penalty for any fee previously charged to your
payment method, You agree that Jiinubi may pursue all
available lawful remedies in order to obtain payment, including but not limited
to, immediate cancellation, without notice to You, of any domain names or
Services registered or renewed on Your behalf. You also agree that all rights
to and interest in and use of any Services, content and/or products purchased
through Us, including all data hosted on Our systems shall be assumed by Us in
satisfaction of any indebtedness by You to Us. Our reinstatement fee is
currently equal to the fee charged by the payment processor involved in the
transaction reversal.
Jiinubi also reserves the right to
charge You reasonable administrative fees or processing fees for (i) tasks Jiinubi may perform
outside the normal scope of its Services, (ii) additional time and/or costs We
may incur in providing its Services, and/or (iii) Your noncompliance with this
Agreement (as determined by Jiinubi in its sole and
absolute discretion). Typical administrative or processing fee scenarios
include, but are not limited to (i) customer service
issues that require additional personal time or attention; (ii) investigation
into the use of Jiinubi services where it is alleged
and verified by Jiinubi that your use of such
services were for abuse; (iii) account maintenance where there has been
inactivity in your account for 6 months or more; (iv) UDRP action(s) in
connection with Your domain name(s) and/or disputes that require accounting or
legal services, whether performed by Jiinubi staff or
by outside firms retained by Jiinubi; (v) recouping any and all costs and fees,
including the cost of Services, incurred by Jiinubi
as the results of chargebacks or other payment disputes brought by You, Your
bank or payment method processor. These administrative fees or processing fees
will be billed to the payment method You have on file with Jiinubi.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the
day of the month You purchased the products or Services. If You signed up for
an annual (or longer) payment plan, and You elected the automatic renewal
option, Jiinubi will automatically renew Your
Services when they come up for renewal and will take payment in accordance with
the designated payment method at Jiinubi s then
current rates.
Currency. While all purchases are processed in
US dollars, Jiinubi may provide an estimated
conversion price to currencies other than US dollars. You acknowledge and agree
that the pricing displayed during the checkout process is an estimate. Due to
potential slight time delays between actual purchase and the payment settlement,
the actual price charged may fluctuate. Accordingly, Jiinubi
makes no representations or warranties that the actual price will be the same
or substantially similar to the actual price You will pay and You waive any and
all claims based upon any discrepancy between the estimate and the actual
price. In addition, You may be charged VAT or
additional off-shore margin and/or fees, based on the country indicated in Your
billing address section. Any amounts to be charged will appear during the
checkout process.
Termination & Cancellation Policy. The
initial term of Your agreement with Jiinubi shall be
as set forth in Your Order Form. The Initial Term shall begin upon commencement
of the Services in the Order Form. After the Initial Term, your agreement with Jiinubi shall automatically renew for successive terms of
equal length as the Initial Term, unless terminated or cancelled by either
party as provided in this section.
This agreement may be terminated: (i)
by You when You discontinue the use of Our Services or (ii) by Jiinubi at any time, without prior notice, if, in Jiinubi s judgment, You are in violation of any terms or
conditions herein; or (iii) in Jiinubi s sole
judgment, Your use of the Services places or is likely to place unreasonable
demands upon Jiinubi or could disrupt Jiinubi s business operations; or (iv) by Jiinubi if it so determines that You are or are alleged to
be violating the terms and conditions of any other agreement entered into by
You and Jiinubi.
In the event of termination or suspension of Services under
the above circumstances, You agree (a) that no
pre-paid fees will be refunded to You; and (b) that Jiinubi
may take control of any domain name associated with the terminated Services,
provided such domain name was registered through the domain name registration
of Jiinubi.
Refunds do NOT apply to Services unless otherwise specified.
In the event of termination of this Agreement caused by Your
default hereunder, You shall bear all costs of
termination, including any reasonable costs Jiinubi
incurs in closing Your account. You agree to pay any and all costs incurred by Jiinubi in enforcing Your compliance with this section.
Upon termination, You shall destroy any copy of the
materials provided to You hereunder and referenced herein. You agree that upon
termination or discontinuance for any reason, Jiinubi
may delete all information related to You on the Services.
21. Customer Support.
Jiinubi provides customer support
to You at no additional fee for issues related to Jiinubi
Services only. Jiinubi has the right to decide what
is a service related issue and to charge additional
fees or refuse support for non-service related issues.
Any fees paid by You for providing non-service related
support are non-refundable. Jiinubi will also
require, before assistance can be given, that You verify Your identity in
relation to the Account in question. We will determine, in Our sole and
absolute discretion, what must be provided for verification purposes, including
the use of secure validation tools such as Veriff.
Unless otherwise directed by a specific Service, You can request customer support only by opening Live Chat
or Ticket through the HelpDesk system located in the
Customer area. Jiinubi will have no liability to
provide customer support if it is requested in any other way apart from the HelpDesk system or the instructions specific to the Service
at issue. You are solely responsible to use the appropriate HelpDesk
category when opening Live Chat or posting Ticket. Jiinubi
will have no liability to respond to tickets opened in inappropriate
categories. Jiinubi shall not be liable for any delay
in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge
that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your
account.
You must provide Jiinubi with all
information and access to facilities that Jiinubi may
reasonably require to provide the requested customer support. You are solely
liable for performing and storing a back-up copy of data, files, hosting
account and any other content prior to requesting customer support and agreeing
to any interference or operation, provided by Jiinubi.
In the event You are not satisfied with the outcome of any action You shall be
solely responsible for restoring the back-up copies of Your data. You should
not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive
number of Live Chats and Tickets opened by a single Customer, aggressive and/or
harassing behavior, repetitive use of inappropriate categories for opening Live
Chats, posting Tickets, etc. Any abuse of the HelpDesk
system may result in warning, HelpDesk access
restrictions, account suspension or possible account termination with no
refund. Jiinubi has the sole right to decide what
constitutes abuse of the HelpDesk system.
22. Account Use.
You are responsible for security of Your Account access
credentials. Jiinubi will not change passwords to any
account. Should You need to restore access to Your account, You
will need to provide Us with appropriate identification, as determined by Us in
Our sole discretion, and We will initiate a password reset process for You to
complete. In the event of any partnership break-up, divorce or other legal
problems that includes You, You understand that Jiinubi will remain neutral and may put the account on hold
until the situation has been resolved. Under no circumstances will Jiinubi be liable for any losses incurred by You during
this time of determination of ownership, or otherwise. You agree to defend
(through counsel of Our choosing), indemnify and hold harmless Jiinubi from any and all claims arising from such ownership
disputes. If you are required to supply or transmit sensitive information to Jiinubi you should take all due precautions to provide any
sensitive information over a secure communication channel.
23. Disclaimer of Representations and Warranties.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS
SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE
PROVIDED AS IS , AS AVAILABLE AND WITH ALL FAULTS . JIINUBI, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY
SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JIINUBI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS
OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE,
(II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE
SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER
ADVERTISING OR OTHERWISE) TO THIS SITE, AND JIINUBI ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF SUCH MATERIAL AND/OR DATA.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO
ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY JIINUBI, ITS OFFICERS,
DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT
CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS
WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY
KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS
SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY
TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR
SERVICES.
24. Limitation of Liability; Waiver and Release.
IN NO EVENT SHALL JIINUBI, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR
ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT
FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE
ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS,
BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) OUR SERVICES WHETHER FOUND
AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR
OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE
WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT,
PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA
STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS
SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE)
TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH
HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER
CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR
ANY PROTECTED CLASS, PORNOGRAPHIC, X-RATED , OBSCENE OR OTHERWISE
OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT
OF YOUR USE OF THIS SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT JIINUBI IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT JIINUBI WILL NOT BE LIABLE FOR ANY (I)
SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE
SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (IV)
EVENTS BEYOND THE CONTROL OF JIINUBI; (VII) THE PROCESSING OF YOUR APPLICATION
FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE
OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY
CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH
CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN
NO EVENT SHALL JIINUBI S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID
BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT
THIS SITE.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE
EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF
JIINUBI.
25. Indemnification.
Accordingly, You for Yourself and all of Your heirs,
personal representatives, predecessors, successors and assigns, hereby fully
release, remise, and forever discharge Jiinubi and
all affiliates of Jiinubi, and all officers, agents,
employees, and representatives of Jiinubi, and all of
their heirs, personal representatives, predecessors, successors and assigns,
for, from and against any and all claims, liens, demands, causes of action,
controversies, offsets, obligations, losses, damages and liabilities of every
kind and character whatsoever, including, but not limited to, any action
omission, misrepresentation or other basis of liability founded either in tort
or contract and the duties arising thereunder, whether known or unknown,
relating to or arising out of, or in any way connected with or resulting from,
the Services and Your acquisition and use thereof, including, but not limited
to, the provision of Jiinubi products and/or services
by Jiinubi and its agents and employees. Further, You
agree to defend, indemnify and hold harmless Jiinubi
and any of its contractors, agents, employees, officers, directors,
shareholders, affiliates and assigns from any loss, liability, damages or
expense, including reasonable attorneys fees, arising out of (i) any breach of any representation or warranty provided in
this Agreement, or as provided by Jiinubi s AUP or
any other agreement that has been incorporated by reference herein; (ii) the
Services or Your use of the Services, including without limitation infringement
or dilution by You or by another using the Services from Your computer; (iii)
any intellectual property or other proprietary right of any person or entity;
(iv) any information or data You supplied to Jiinubi,
including, without limitation, any misrepresentation in Your application, if
applicable; (v) the inclusion of metatags or other elements in any website
created for You or by You via the Services; (vi) any information, material, or
services available on Your Jiinubi hosted website; or
(vii), any negligence or willful misconduct by You, or any allegation that Your
account infringes a third person s copyright, trademark or proprietary or
intellectual property right, or misappropriates a third person s trade secrets.
This indemnification is in addition to any indemnification
required of You elsewhere. Should Jiinubi be notified
of a pending lawsuit, or receive notice of the filing of a lawsuit, Jiinubi may seek a written confirmation from You concerning
Your obligation to defend, indemnify and hold harmless Jiinubi.
Such written confirmation may include the posting of performance bonds or other
guarantees. Your failure to provide such a confirmation may be considered a
breach of this agreement. You agree that Jiinubi shall
have the right to participate in the defense of any such claim through counsel
of its Own choosing. You agree to notify Jiinubi of
any such claim promptly in writing and to allow Jiinubi
to control the proceedings. You agree to cooperate fully with Jiinubi during such proceedings. The terms of this section
will survive any termination or cancellation of this Agreement.
26. U.S. Export Laws.
This Site and Our Services are subject to the export laws,
restrictions, regulations and administrative acts of the United States
Department of Commerce, Department of Treasury Office of Foreign Assets Control
( OFAC ), State Department, and other United States authorities (collectively,
U.S. Export Laws ). Users shall not use the Services found at this Site to
collect, store or transmit any technical information or data that is controlled
under U.S. Export Laws. Users shall not export or re-export, or allow the
export or re-export of, the Services found at this Site in violation of any
U.S. Export Laws. None of Our Services may be downloaded or otherwise exported
or re-exported (i) into (or to a national or resident
of) any country with which the United States has embargoed trade; or (ii) to
anyone on the U.S. Treasury Department s list of Specially Designated Nationals
or the U.S. Commerce Department s Denied Persons List, or any other denied
parties lists under U.S. Export Laws. By using this site and Our Services, You
agree to the foregoing and represent and warrant that You are not a national or
resident of, located in, or under the control of, any restricted country; and
You are not on any denied parties list; and You agree to comply with all U.S.
Export Laws (including anti-boycott , deemed export and deemed re-export
regulations). If You access this site or Our Services from other countries or
jurisdictions, You do so on Your own initiative and
You are responsible for compliance with the local laws of that jurisdiction, if
and to the extent those local laws are applicable and do not conflict with U.S.
Export Laws. If such laws conflict with U.S. Export Laws, You
shall not access this site or Our Services. The obligations under this section
shall survive any termination or expiration of this Agreement or Your use of
this site or Our Services.
27. Compliance with Local Laws.
Jiinubi makes no representation or
warranty that the content available on this site or the Services We offer are
appropriate in every country or jurisdiction, and access to this site or Our
Services from countries or jurisdictions where its content is illegal is
prohibited. Users who choose to access this site or use Our Services are
responsible for compliance with all local laws, rules and regulations.
28. Governing Law; Jurisdiction; Waiver of Trial By Jury.
Except as otherwise set forth in the UDRP or any similar
policy with respect to any dispute regarding the Services provided under this
Agreement, Your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of the United
States of America and the State of Arizona. You agree that any action to
enforce this agreement or any matter relating to Your use of the Services must
be brought exclusively in the United States District Court of Arizona, or if
there is no jurisdiction in such court, then in a state court in Maricopa
County, State of Arizona. You agree to waive the right to a trial by jury in
any action or proceeding that takes place relating to or arising out of this
Agreement.
29. No Third Party Beneficiary
Rights.
This Agreement, and any/all supplements to it, is not
intended to and shall not be construed to give any Third Party any interest or
rights (including, without limitation, any third party
beneficiary rights) with respect to or in connection with any agreement or
provision contained herein or contemplated hereby.
30. Notices.
You agree that any notices required to be given under this
Agreement by Us to You will be deemed to have been given if delivered in
accordance with the account and/or, if domain related, the domain name Whois information You have provided. You acknowledge that
it is Your responsibility to maintain current contact information in the
account and/or domain name Whois information You have
provided.
31. Final Agreement.
This Agreement, together with all modifications, constitutes
the complete and exclusive agreement between You and Us, and supersedes and
governs all prior proposals, agreements, or other communications. This
Agreement may not be amended or modified by You except by means of a written
document signed by both You and an authorized representative of Us. By applying
for Jiinubi s Services through the online application
process or otherwise, or by using the Services under this Agreement, you
acknowledge that You have read and agree to be bound by all terms and
conditions of this Agreement and documents incorporated by reference.
32. No Agency Relationship.
Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise between the
parties hereto. Each party shall ensure that the foregoing persons shall not
represent to the contrary, either expressly, implicitly, by appearance or
otherwise.
33. Enforceability.
In the event that any provision of this Agreement shall be
unenforceable or invalid under any applicable law or be so held by applicable
court decision, such unenforceability or invalidity shall not render this
Agreement unenforceable or invalid as a whole. We will amend or replace such
provision with one that is valid and enforceable and which achieves, to the
extent possible, our original objectives and intent as reflected in the
original provision.
34. Assignment and Resale.
Except as otherwise set forth herein, Your
rights under this Agreement are not assignable or transferable. Any attempt by
Your creditors to obtain an interest in Your rights under this Agreement,
whether by attachment, levy, garnishment or otherwise, renders this Agreement
voidable at Our option. You agree not to reproduce, duplicate, copy, sell,
resell or otherwise exploit for any commercial purposes any of the Services (or
portion thereof) without Jiinubi s prior express
written consent.
35. Force Majeure.
Neither party shall be deemed in default hereunder, nor
shall it hold the other party responsible for, any cessation, interruption or
delay in the performance of its obligations hereunder due to causes beyond its
control including, but not limited to: earthquake; flood; fire; storm; natural
disaster; act of God; war; terrorism; armed conflict; labor strike; lockout;
boycott; supplier failures, shortages, breaches, or delays; or any law, order
regulation, direction, action or request of the government, including any
federal, state and local governments having or claiming jurisdiction over Jiinubi, or of any department, agency, commission, bureau,
corporation or other instrumentality of any federal, state, or local
government, or of any civil or military authority; or any other cause or
circumstance, whether of a similar or dissimilar nature to the foregoing,
beyond the reasonable control of the affected party, provided that the party
relying upon this section (i) shall have given the
other party written notice thereof promptly and, in any event, within five (5)
days of discovery thereof and (ii) shall take all steps reasonably necessary
under the circumstances to mitigate the effects of the force majeure event upon
which such notice is based; provided further, that in the event a force majeure
event described in this section extends for a period in excess of thirty (30)
days in the aggregate, Jiinubi may immediately
terminate this Agreement.
36. Headings.
The section headings appearing in this Agreement are
inserted only as a matter of convenience and in no way define, limit, construe
or describe the scope or extent of such section or in any way affect such
section.
37. Contact Information.
Jiinubi Legal Department
[email protected]
Last revised: JAN 23, 2026