1. General
    1. These conditions (”Jumplog Hosting Conditions”) shall apply to the hosting service ("the Service") made available by Klaus Rheinwald, Jürgensallee 126, 22605 Hamburg, Germany through this website (”Jumplog”) and such physical individual or legal entity that subscribes to this service (”the Subscriber”).
    2. Jumplog’s service offerings consist of different Services. Jumplog’s service portfolio is described on this web page and can further be detailed by individual agreement.
    3. For each particular Service, specific terms and conditions may apply, as further advised by Jumplog (“Specific Terms”).
    4. At this time, Jumplog is providing two types of accounts to which the Subscriber may be connected, a free account or paid accounts. These accounts are subject to different Terms as advised on this web page from time to time. The free account may, however, contain elements of advertisement.
    5. The Subscriber is automatically subscribed to the Free Service by activating the Service through jumplog.net (”the Order”). An agreement pertaining to the Services will be considered binding when Jumplog has confirmed the Order (“the Agreement”). The Agreement consists of the Order and these Terms. The Subscriber may at any time subscribe to additional Services by submitting additional Orders to Jumplog.
    6. The Subscriber shall, where applicable, be of legal age as defined in applicable legislation.
    7. The Service will be made available at such time as defined by Jumplog. In the event that the Subscriber is a consumer, the Consumer may choose to have the Service made available after the end of the 14 day cooling off period, if requested by the Consumer. Otherwise, the Services will be made available immediately upon Jumplog’s confirmation of the subscription.
    8. If the Service has not been made available within 14 working days from the date of the Order, the Subscriber is entitled to terminate this Agreement, and Jumplog will then repay all fees paid by the Subscriber in relation to the Service.
  2. Equipment, Software and Connection
    1. The Services to be provided hereunder requires the Subscriber to be connected to the Internet, and having the necessary equipment. Such connection and equipment shall be arranged, maintained and paid for by the Subscriber.
    2. The Subscriber may not use any software in relation to the Services which may cause disturbances in the Services, such as malicious scripts or similar. Should such disturbances occur, the Subscriber should immediately remove such software.
    3. Jumplog is constantly developing and improving its Services, technically and commercially. Jumplog reserves the right to carry out upgrades or change the Services and/or the equipment and platforms used by Jumplog to provide the Services. Jumplog undertakes to inform the Subscriber – through its web page – in reasonable time prior to launching any major upgrades or changes to the Services. In the event that such a upgrade or change would significantly limit the possibilities of the Subscriber to continue to use the Service/-s as intended, the Subscriber shall be entitled to terminate this Agreement within 14 days after such a upgrade or change was launched. The Subscriber shall be considered to accepted the upgrade and/or change after the lapse of the above mentioned 14 day period, or if the Services are used by the Subscriber within that time.
  3. Fees and Payment
    1. The Subscriber shall pay the fees set forth in the Order and on this web page.
    2. In the event that the Subscriber is of the opinion that the fees charged are wrong, the Subscriber shall notify Jumplog within reasonable time, normally within 14 days after the due date of such payment. If no such notification is received by Jumplog within the aforesaid time, the Subscriber shall no longer be entitled to raise any objections in relation thereto.
  4. Transfer of the Subscription
    1. The Subscription may not be transferred, nor may the Subscriber give anyone else the right to use the Subscriber’s subscription to the Service/-s, without the consent by Jumplog. The Subscriber may further not transfer any rights or obligations stemming out the Agreement.
    2. In the event of the death of the Subscriber, the estate may cancel this Agreement, through a written notification to Jumplog. The cancellation will take effect within two weeks after receipt of such notification.
    3. Jumplog is entitled to transfer its rights and obligations under the Agreement to an entity that will fulfill Jumplog’s obligations in relation to the Subscriber.
  5. Disturbances and Interruptions
    1. Upon occurrence of disturbances or interruptions relating to the Services, Jumplog shall commence error diagnostics within reasonable time after notification from the Subscriber. Normally, Jumplog will commence such error diagnostics at the latest after one working day after notification. Jumplog is not under obligation to correct any errors that are caused by circumstances outside Jumplog’s reasonable control, such a disturbances relating to the Hosting and Internet Service Provider, or equipment or software not included in the Services.
  6. Support
    1. Jumplog will not provide any telephone support. However, Jumplog will to a limited extent provide e-mail support and support through Jumplog’s web form.
    2. Jumplog will continuously maintain its software. Jumplog reserves the right to temporarily shut down the Services during such maintenance. In the event that such shut down is expected to last longer than eight hours, Jumplog will normally notify its Subscribers in advance, through e-mail or messages posted on its web page.
  7. Use of the Service
    1. The Subscriber may only use the Service/-s for its own use.
    2. The Subscriber shall be solely responsible for its (and its affiliates’, subsidiaries’ and representatives’) use of the Services. In the event that that the Subscriber becomes aware of use of the Services in conflict with the provisions of this Agreement, it shall immediately ensure that such prohibited use ceases, and shall further notify Jumplog.
    3. The Subscriber is not allowed to use the Service/-s to store and/or use executable files including without limitation .exe, .ing, .bin, .cue, .iso, .mrg, .toas and .dmg files.
    4. The Subscriber shall abide to applicable legislation and rules, instructions from Jumplog and generally accepted ethical and moral standards when using the Service/-s. The Subscriber may not use the Service/-s such that Jumplog or any third party is inflicted with any damage. In the event that the Subscriber becomes aware of the Service/-s being used in violation of the aforegoing, the Subscriber shall immediately notify Jumplog and take such reasonable steps as can be required in order to ensure that such usage ceases.
    5. The Subscriber may not without proper authorisation access or try to access other Service/-s or other resources through the Service/-s, nor without authorisation try to access, use, destroy, distort or disclose any information belonging to Jumplog or any third party.
    6. The Subscriber shall indemnify and hold Jumplog harmless for any damage inflicted by the Subscriber, or any affiliate, subsidiary or representative of the Subscriber.
    7. If Jumplog has reasonable cause to suspect violations against applicable legislation or rules, Jumplog’s instructions, this Agreement or generally accepted ethical and/or moral standards, Jumplog shall be entitled, without prior notice and without assuming any liability whatsoever, to disconnect the Subscriber from the Service/-s. Jumplog shall further be entitled to take the necessary measures needed in order to prevent further distribution of prohibited information, including without limitation by accessing the Service accounts of the relevant Subscriber and deleting or transferring such information. Jumplog shall further be entitled to access such information that are stored, processed or distributed through the Service/-s and to transfer the same to the relevant law enforcement and governmental agencies or courts.
    8. The Subscriber shall be solely responsible for all information the Subscriber stores, processes or distributes through the Service/-s. The Subscriber undertakes to ensure that the Subscriber does not distribute information such that it will be considered to be an infringement of any third party’s intellectual property rights, or which can be considered to constitute slander or libel, encourages criminal activities, or contains information that could be classified as child pornography, violence or discrimination against race, religion, sexual orientation or sex.
    9. The Subscriber agrees to indemnify and hold harmless Jumplog from any claims resulting from his use of our services.
  8. Intellectual Property Rights
    1. All rights to the Jumplog Service/-s are vested with Jumplog or its rights holders.
    2. The Subscriber or its rights holders, as the case may be, will remain the owner of any data provided by the Subscriber in relation to the Service/-s.
    3. Jumplog shall be entitled to create links to the Subscriber’s web pages, and/or user-generated content, unless the Subscriber has notified Jumplog that it will not allow such links.
    4. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected].
  9. Limitation of Liability
    1. Aside from what is explicitly set forth herein, Jumplog shall not be liable for any failures, errors, interruptions or disturbances in relation to the Service/-s.
    2. Jumplog shall not be liable for loss of data or information.
    3. Jumplog shall not be liable for any other indirect or consequential losses in relation to this Agreement. Under no circumstances shall Jumplog’s aggregate liability hereunder exceed the fees paid by the Subscriber during the six months immediately preceding the occurrence of the damage.
    4. Any claims for damages against Jumplog in relation to this Agreement shall be made within reasonable time after the damage occurred. Reasonable time shall normally not exceed three months. If no such claims are made within the aforementioned time, Jumplog’s liability shall cease.
    5. Jumplog shall not be liable for any damages in relation to circumstances that reasonably are outside Jumplog’s control, including without limitation circumstances constituting force majeure, and acts and omissions of third parties.
    6. Jumplog’s web page may contain links to other web pages that are not controlled by Jumplog. Jumplog is not responsible for such third parties, their products or services, and explicitly disclaims any liability in relation thereto.
  10. Term
    1. This Agreement will become valid when approved by Jumplog as set forth in section 1 above, and shall thereafter remain in force during such time as is detailed in the Order.
    2. The Agreement may be terminated by either party at any time, upon a one month notice period. Jumplog shall be entitled to retain any fees paid by the Subscriber, regardless of the cause of such termination, unless otherwise set forth herein.
    3. Termination of the Agreement or a particular Service shall be made in writing.
  11. Termination, Disconnection and Cooling-Off Period
    1. Jumplog shall be entitled to immediately and until further notice disconnect the Subscriber from the Service/-s, or otherwise limit or reduce the Subscribers’ rights to use the Service/-s, in the event that the Subscriber fails to comply to the provisions set forth herein, or otherwise significantly misused the Service/-s. Regardless of such disconnection, the Subscriber shall in any event be liable to pay any and all fees in accordance with this Agreement.
    2. Jumplog is entitled to immediately terminate this Agreement in relation to the Service/-s in the event that the Subscriber fails to comply to the provisions set forth herein, or otherwise significantly misused the Service/-s.
    3. In the event of such failure to comply to the provisions set forth in the Agreement is of less significance, Jumplog shall be entitled to terminate the Agreement with immediate effect, should the Subscriber fail to make the necessary corrections within 14 days after having been noticed to that effect.
    4. Jumplog shall be entitled to terminate this Agreement with immediate effect, in the event that the Subscriber is declared bankrupt or it otherwise can be assumed that the Subscriber is insolvent.
    5. The Subscriber is entitled to terminate this Agreement in the event that Jumplog have not fulfilled its obligations to initiate error correction measures as set forth herein, within reasonable time.
    6. The Subscriber is entitled to withdraw from the Agreement in the event that the Subscriber notifies Jumplog within the 14 day cooling-off period immediately after Jumplog’s acceptance of the Order. The right to withdraw will how ever not apply in the event that Jumplog has already started providing the Service/-s during the cool-off period.
    7. In the event that Jumplog has not started to provide the Service/-s within reasonable time, and provided that the Subscriber has reminded Jumplog in relation thereto, the Subscriber shall be entitled to terminate this Agreement with immediate effect.
    8. In the event that a Subscriber does not prolong the Subscriber’s agreement with Jumplog pertaining to the Service/-s, or, for free accounts, fails to show any activity on the account for a period of excess of 12 months or does not activate/use the Service/-s in a period of one month and provided further that the Subscriber fails to remove the contents on the Subscriber’s account, Jumplog shall be entitled to remove such contents and close the account. However, Jumplog shall, prior to such removal, make reasonable efforts to contact the Subscriber over the e-mail address provided by the Subscriber and available to Jumplog. The Subscriber shall then have the option to prolong the Subscriber’s agreement with Jumplog (to the extent applicable subject to payment of the then current fees), or, as the case may be in relation to free accounts, to reactivate the account, or remove the contents. If the Subscriber has not either prolonged the agreement with Jumplog (or reactivated the account), or removed the contents within 14 days after such e-mail notification, Jumplog shall be entitled to remove the contents without assuming any liability in relation thereto.
  12. Changes
    1. Jumplog shall be entitled to make such changes to the Service/-s that are not significant for the continued use of the Service/-s, without prior notice to the Subscriber.
    2. Jumplog shall be entitled to change the price and/or other terms and conditions applicable to the Service/-s. The current terms and conditions shall always be available on Jumplog's web page. In the event of that significant changes, Jumplog shall inform the Subscriber through e-mail or through postings at its web site 30 days prior to such change.
  13. Applicable Law and Disputes
    1. This Agreement and all circumstances pertaining to it shall exclusively be governed by the substantial laws of Germany.
    2. Any disputes arising out of this Agreement or the relationship between the parties shall be solved through amicable negotiations in good faith between the parties. In the event that the parties cannot agree, either party may refer such a dispute to the court in Hamburg, Germany.
    3. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.