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By and between Just For Fun Software Limited, who henceforth shall be referred to as "JustForFun", and their game hosting customer, who henceforth shall be referred to as "Customer". The parties agree to the following, which shall apply throughout the term of this agreement:


1. DEFINITIONS
A. "Plans" shall refer to the services offered by JustForFun, as listed online at http://www.JustForFunSoftware.com/.
B. "Customer", as mentioned above, shall refer to the end user who is utilizing the online game hosting services provided by Just For Fun Software Limited.


2. PRICES
All prices for Plans provided by JustForFun to its Customers are in U.S. Dollars. Customers must pay for services provided by JustForFun in U.S. Dollars.


3. DELIVERY AND SHIPPING
All services offered by JustForFun are automatically activated and electronically delivered following order acceptance and payment. Typical delivery time is 5 minutes but please allow up to 24 hours.


4. ORDER ACCEPTANCE AND PAYMENT
A. All orders are subject to acceptance by JustForFun. An order will be deemed accepted when written (e-mail) confirmation of the order is sent to the Customer. JustForFun may refuse to accept, or delay for any period of time, any order for any reason.
B. Payment and Terms: Payment shall be made to JustForFun in U.S. dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by JustForFun after account activation or renewal, JustForFun may discontinue, withhold, or suspend services to the Customer.
C. Cancellations of service can not be made without the correct account password.
D. Should any Customer attempt a chargeback for services knowingly purchased from JustForFun, JustForFun shall immediately shut off services for that Customer and will pursue full legal recourse against the Customer to recoup any and all losses.
E. Setup fees, for any services or Plans, are not refundable, regardless of the length of time the service or Plan is used by the Customer.
F. JustForFun is not responsible for the Customers failure to use the services/Plans offered by JustForFun. The Customer has the right to cancel the services/Plans they have purchased at any time.


5. LIMITATION OF JustForFun's OBLIGATIONS AND LIABILITY
A. JustForFun will utilize its best efforts to maintain acceptable performance of services contracted for, but JustForFun makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. JustForFun cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. JustForFun will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. JustForFun shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interuptions whether or not caused by the fault or negligence of JustForFun.
B. JustForFun may discontinue servicing any Plan, or may require fulfillment of conditions JustForFun may choose to impose as a prerequisite for continuing to service any Plan. JustForFun agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to JustForFun. The following activities are specifically not allowed by JustForFun and will result in IMMEDIATE account termination: Adding HATE content to websites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, or adding any content promoting or participating in ILLEGAL activities.
C. JustForFun's liability to Customer, and any end user of any Plan or other JustForFun services is limited to the amount paid to and received by JustForFun for services not accepted. In no event shall JustForFun be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if JustForFun has been advised of the possibility of such damage.
D. Customer will take all necessary measures to preclude JustForFun from being made a party to any lawsuit or claim regarding JustForFun services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless JustForFun from any and all claims of whatever nature brought by any of Customer's customers against JustForFun.


6. PROPERTY RIGHTS
JustForFun owns all rights, titles and interests in JustForFun's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use JustForFun's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.

7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with JustForFun hereunder, it may have access to certain information and materials relating to JustForFun's business, plans, customers, software, and marketing strategies that is confidential and of substantial value to JustForFun, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by JustForFun. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to JustForFun or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, JustForFun shall be entitled to injunctive relief, which relief shall not be contested by Customer.


8. RELATIONSHIP OF THE PARTIES
The relationship between JustForFun and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of JustForFun, or in any other way legally bind JustForFun in any fashion, nor shall Customer be authorized to make any representations about JustForFun or its services other than to set forth JustForFun's responsibilities as outlined in this agreement.


9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by JustForFun in Ontario. It is to be governed by and construed under the laws of the Province of Ontario and Canada. The federal and provincial courts of Ontario shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to the jurisdiction of the courts of Ontario. To the extent permissible by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.


10. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. JustForFun may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of JustForFun services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.


11. ACCEPTANCE OF TERMS
BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.


 
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