1. Scope of Application
The following General Terms and Conditions shall apply to all contracts concluded via the website jailbase.com between JailBase.com and the user. By making use of the services provided by JailBase on www.jailbase.com the user agrees to the following General Terms and Conditions (GTCs). Any conditions the user may wish to impose which are at variance with these GTCs shall not form part of the contract. The same shall apply if JailBase does not expressly contradict same.
The product-specific service descriptions and price lists, which can be viewed and downloaded from jailbase.com, shall apply in addition to these GTCs.
These GTCs are applicable as from 1/20/2012.
The user is required to check the GTCs from time to time for any updates or changes. JailBase.com reserves the right to update and change the GTCs at any time without announcing such under separate cover. Any new functions which may be introduced are likewise subject to these GTCs. Should the user continue to make use of the service after any updates the extended contract for the changed GTCs shall come into being.
2. Formation of Contract
The contract regarding the use of the services provided by JailBase.com, offered on JailBase.com, shall be formed once JailBase confirms its acceptance of the offer of contract declared by the user or once the service is provided. To this end, the user shall submit a binding offer of contract by placing an order via the online shop at www.jailbase.com in which the user shall state the desired service on the electronic order form provided for this purpose and shall transmit same to JailBase. The contract shall only be formed once the offer has been confirmed by e-mail, at the latest however on utilization of or provision of the service.
Confirmation of the receipt of an offer of contract shall not constitute acceptance of same. JailBase.com is not obligated to accept the user's order. Acceptance or rejection thereof shall take place at the latest after 14 days.
Contracts shall only be formed with users who are at least 18 years of age.
3. Subject Matter of the Contract
On the jailbase.com website, JailBase offers users web / browser-based software for searching and reviewing county jail inmates and information. For this purpose JailBase furnishes its users with an account.
The account is used on a monthly basis on payment of an appropriate basic fee which is payable in advance.
If the account is utilized on only a part-time basis, there shall be no reimbursement of fees whatsoever.
Utilization of the "Free Plan" attracts no charges.
If a service is only offered for a limited time and/or only provided against payment of an additional fee this shall be stated on the price list or in a service description. JailBase.com is not obligated to archive user data after termination of the contract.
4. Use of JailBase.com and Responsibility of JailBase.com
The user is only entitled to utilize the services provided by JailBase.com during the term of the contract.
JailBase.com is entitled to change the structure and functioning of the JailBase.com website, in particular to upgrade in line with the latest technological developments on the market and optimize same.
The user is aware that the internet is based on a complex technical topology and technology. JailBase.com has no control over the functioning of the internet, either in whole or in part. Fault-free functioning of the internet does not form part of this contract.
JailBase.com warrants that the server on which the JailBase.com website is situated shall remain available for downloading content via the internet round the clock at least 97% of the time during the week. The entitlement to utilize the JailBase website and its functions shall only exist in the context of the current technical possibilities. JailBase cannot guarantee fault-free and uninterrupted use of the services offered by www.jailbase.com due to the possibility of technical problems; JailBase also assumes no warranty in this respect.
The user acknowledges that the fault-free availability of and accessibility to JailBase.com may furthermore not be possible from all locations for compelling technical reasons and is subject to different environmental influences. In addition, there may from time to time be interferences, limitations or interruptions to the services on account of atmospheric conditions, geographical circumstances as well as interferences on account of radio waves, interruption of the electricity supply or due to technical changes or other measures (e.g. maintenance and repair work) which are required for the proper or improved provision of the services. The obligation of JailBase to provide services is subject to the aforementioned limitations as these are beyond the control of JailBase.
JailBase.com shall assume no liability for temporary interruptions or limited availability if these are due to force majeur events, e.g. war, domestic unrest, strike action and lawful lockouts. The same shall apply to unforeseeable circumstances and circumstances beyond the control of JailBase if these would temporarily make the provision of services by JailBase unreasonably difficult or impossible such as, e.g., major operational disruptions, energy supply problems, labor disputes or measures taken by the authorities.
5. Terms and Conditions of the Account
The user must be 18 years of age or older in order to utilize the services provided by JailBase.com. The user must provide his/her full first and last names, a valid e-mail address and other information to conclude the application process. The user must select a password on registration and is obligated to keep this password secret and to protect it from access by unauthorized third parties. The user is responsible for the maintenance of his/her private area and the security of his/her account. JailBase assumes no responsibility for any damages or losses incurred by failing to protect login data sufficiently.
6. Payment Terms, Due Date, Invoicing, Offsetting
Payment can only be made by credit card via FastSpring.com. The user is entitled to utilize the services provided by JailBase.com as soon as the invoice amount has been credited and the user's account has been activated. The creation and utilization of a Free Account attracts no charges. The free utilization period ends when an account is upgraded from a Free Plan to a paid account.
The accounting period begins on the day of the sign-up to a paid account (usually with the entry of the credit card data), on a monthly basis until such time as the account is terminated; notice of termination may be given at the end of a month. No reimbursements or credit notes shall be given for only utilizing services for part of a month, nor shall there be any upgrade/downgrade repayments or reimbursements for unused months.
Upon reactivation of a dormant account, a new accounting period shall commence and the credit card will be debited with the current fee incurred by the utilization. Additional service upgrades or downgrades (e.g. account upgrades and downgrades) shall be invoiced at the start of the next accounting period.
All fees include taxes and levies unless stated otherwise.
JailBase.com does not store any credit card data on its servers. Credit card transactions are only executed via FastSpring.com.
JailBase.com shall send the invoice in electronic form via e-mail to the e-mail address provided by the user.
The user is only entitled to any offsetting if his/her claims have been determined in law, are uncontested or recognized by JailBase.com.
7. Payment Default by the User
Should the user default on the payment of the monthly basic fee, JailBase.com shall be entitled to block access to the account for the period in default. Should the user be in default by at least two months, JailBase shall be entitled to terminate the account with immediate effect and delete the account.
8. Service and Price Changes
JailBase.com reserves the right to change, suspend or discontinue entirely its range of services. There is no right to perpetuation. The user shall be informed thereof in due time at least one month in advance. The user shall then be able to utilize the unaltered JailBase services for that current month of the contract and, at the end of the contract or on amendment of the contract, appropriately secure and archive his/her data in time.
JailBase.com reserves the right to change the monthly fee after giving 30 days' notice. A new contract containing the amended conditions shall be formed if the contractual relationship is continued once that current contract month has expired.
9. Responsibility of the User for Content
The content on this web site is provided to assist users in obtaining information about county jail arrests. Any use of this data for any other purpose may be illegal. While the information on this website is believed by the website owner to be reliable, it is provided "as is" with no warranties or guarantees regarding its accuracy. An arrest or booking does not mean that the individual has been convicted or is guilty of the crime. You are advised to contact the appropriate governmental agency to ascertain and verify the information contained on this website.
10. Termination options
The user can give JailBase.com notice at any time at the end of a month, however remains obligated to pay JailBase any outstanding payments, in particular the full fee of the last accounting period during which notice was given.
The account and all its content shall be deleted on termination of the contract.