Terms of Service

Last revised on February 11, 2008.

THESE ARE THE TERMS OF OUR AGREEMENT WITH EACH OTHER. WHILE WE TRIED TO MAKE IT NOT TOO FULL OF LEGALESE, ALL OF IT IS IMPORTANT SO TAKE A FEW MOMENTS TO READ IT.

ACCEPTANCE
When you sign up with our Service, you automatically confirm that you have read, understand, and accept all terms in this agreement. The justKnow® Service is provided by SparcPlug, Inc. (SparcPlug). You can sign up with justKnow irrespective of where you live in the world, However in some cases parts of our service may not be available.

By signing up for the justKnow service you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). SparcPlug, Inc. (the parent company for the justKnow service) may update the Terms of Service without notice to you, and you are responsible for checking the most current version of the Terms of Service at http://justknow.com/legal/terms.html and any service-specific policies or guidelines.

DESCRIPTION OF SERVICES
SparcPlug supplies you with a set of justKnow services that allow you to provide content for website visitors to send and receive text messages, emails, voice messages, and other forms of communication . This is NOT A FREE SERVICE. By signing up for the service, you agree to the pricing set forth on the justknow.com website. As part of your account you also agree to receive 1-2 newsletters from our company each month. PAID users can opt-out from this program on the Personal Info screen of their accounts.

USE OF SERVICES
In consideration of your use of justKnow, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. SparcPlug, Inc. reserves the right to refuse service to anyone at any time without notice for any reason.

REGISTRATION
When you register, we may ask you to state your address, country of residence, language of choice and some additional data about you and/or your personal interests. If you choose to register your name as part of your email address or elsewhere, you consequently agree to that your name and other information you have provided will be stored and processed in the SparcPlug database. The information that you state to us when you register must be updated, correct and complete. Please note that accounts with invalid information (for example e-mail account, name or country) may be deleted at our sole discretion, together with all associated information. It is your responsibility to make sure that your information is up-to-date.

DELIVERY
Our application and the public networks the application uses, are built on the "best effort" principle. This means that delivery of messages cannot be guaranteed. It is expected that the justKnow service will have nearly a 99% successful delivery rate where over 90% of messages are delivered within few minutes (often seconds) of the time sent or scheduled to send via the "send later" feature. We cannot, however, guarantee delivery of messages and we do not refund credits for unsuccessful messages. justKnow services require prepayment for delivery of a restricted number of messages. Upon reaching the limit for messages transmitted, the portion of the service requiring prepayment will cease to operate or be available as part of the service. The service will recommence upon payment for the next "block" of messages. See the pricing page posted on the www.justknow.com website for further restrictions.

Additional restriction upon delivery or cost of messages may apply to phone numbers with answering machines or voice mail boxes. The justKnow service attempts to detect answering machines and will wait up to 30 seconds for the answer message to stop before playing the justKnow message. Because of this, answering machines or voice mail may add time to the call(s). See the Service Plan pricing page within your account for futher details on price policies.

QUALITY OF SERVICE
You use your account and information from the Internet entirely at your own risk. SparcPlug, Inc. does not take responsibility for: (a) that the service will be without faults or delays, (b) for any effects on your life when you use your account or download anything from the Internet or (c) for goods, services or transactions using your account.

INTEGRITY
You are responsible for your account and your password. SparcPlug, Inc. will not be responsible nor liable for any loss you may have that results from an unauthorized access to your account. You should therefore protect your account name (username) and password from anyone else including SparcPlug, Inc. staff members. We strongly recommend that you change your password periodically and that you use non-trivial passwords that contain at least 8 characters including digits, special characters and letters in lower and upper case.

SUBSCRIPTION ACCOUNTS
Subscription accounts enable account holders to send and receive Text messages, Voice messages, and Email messages at preferential terms. The payment for a subscription is executed monthly on the day the subscriber first joined the program. If your anniversary day falls on the 29th, 30th or 31st and the current month does not include that day, the anniversary day defaults to the last day of the month. Subscriptions can be cancelled under the following terms:

  1. Subscription privileges stop at the time of cancellation
  2. No refunds for subscriptions will be issued under any circumstances

SERVICE PLAN/BILLING POLICIES
justKnow is a monthly subscription service, billed via secure credit card transaction each month. Customers of justKnow are responsible for keeping their credit card data up to date, and lapses in current card data may result in suspension of an account. Changes to your Service Plan may be made via the Administrative Interface associated with your account. Any change(s) to your Service Plan will take effect upon your upcoming billing period (no grandfathering or proration or credit or refund will be offered within your current billing period). If you downgrade your account within a billing cycle, you will be notified via email when the downgrade takes effect. Please see the Service Plan page of your justKnow account for additional billing practices.

INTEROPERABILITY
The ability to send and receive text messages is subject to subscriber contracts, roaming agreements and billing configuration. Due to the nature of the global network the roaming and interoperability status, as well as our ability to deliver your messages to or from any network may change without notice.

USAGE
The justKnow service supplied by SparcPlug must not be used for unlawful, inappropriate or criminal purposes. You cannot use the service in a way that disturbs other users or intrudes on other persons or on their property. You are responsible for ensuring that the information you provide using our services is legal and in accordance with normal morals and the general ethics which apply on the Internet. Consequently, you are not allowed to: encourage a crime or assist anyone who encourages a crime in any way, make or distribute statements which discriminate or emphasize anyone's race, skin colour, sex, religion, ethnic origin or sexual orientation, distribute pornographic pictures or pictures which portray gross violence, force or brutality, make or distribute statements which are offensive or insulting. If you do any of the above your account will be deleted without warning of any kind. 

SparcPlug will immediately terminate and delete your justKnow account if it believes that the account is being used for SPAM or unsolicited bulk messaging.  SparcPlug will NOT TOLERATE SPAM (sending of unsolicited messages). You, or users of your sub accounts, are NOT permitted to send SPAM. If you do send mass SMS, MMS, EMS or email messages using your account you MUST comply with the CAN-SPAM, anti-spam legislation laid down by European Union (7(1) of Directive 2000/31/EC, by Articles 6 and 7) or any other anti spam legislation in other jurisdictions. Failure to do so will result in immediate and irrevocable termination of your account. SparcPlug's refund policy for accounts that are suspected of SPAMMING is VOID and NO refunds will be issued.

Please note that neither unsolicited messages nor any other messages that are in breach of US or international laws may be sent via the Service and that any consequences arising from the breach of US or international laws will be borne by you. SparcPlug (the operator of justknow.com service) does not assume any responsibility for the content of the messages you send via its platform. We hereby underline your responsibility:

APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You agree that you are responsible for your own conduct and Content while using justKnow and for any consequences thereof. You agree to use the justKnow service only for purposes that are legal, proper and in accordance with these Terms of Service and any applicable laws, regulations, policies or guidelines. By way of example, and not as a limitation, you agree that when using justKnow, you will not:

While SparcPlug prohibits such conduct and Content in connection with the justKnow Service, you understand and agree that SpacPlug and/or it's affiliates may or may not pre-screen Content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any Content available via justKnow services. You also understand and agree that you nonetheless may be exposed to such conduct and/or Content and that you use justKnow at your own risk.

PROPRIETARY RIGHTS
SparcPlug's Rights. You acknowledge and agree that the software and code components of the justKnow application service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and will be treated as such at all times. The Software, in whole and in part and all copies thereof, are and will remain the sole and exclusive property of SparcPlug and/or its licensors. You further acknowledge and agree that Content contained in any advertisements or information presented to you through the justKnow service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by SparcPlug, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to SparcPlug services. You agree not to access justKnow services by any means other than through the interface that is provided by justKnow.

YOUR RIGHTS
SparcPlug claims no ownership or control over any Content submitted, posted or displayed by you on or through the justKnow service. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through the justKnow service and you are responsible for protecting those rights, as appropriate.

REFUND POLICY
SparcPlug does not offer refunds for service unless the service is pre-paid for more than one month (30 days) in advance. If an account is terminated by either SparcPlug or the account owner, no funds within the current billing period will be refunded.

TERMINATION
You may terminate this Terms of Service at any time by providing notice to SparcPlug and ceasing to use the justKnow service. You also agree to remove any code or software from your website(s) and servers when applicable. SparcPlug Inc. reserves the right to terminate this Terms of Service and your authorization to use the justKnow service at any time with or without cause.

CLOSURE OF SERVICE
SparcPlug Inc. may at any time close your account or clean its content if: (a) you supply misleading information at the time of registration, (b) you do not follow the terms stated in this agreement, (c) the use of your account contravenes the law or the conditions in this agreement, (d) there is reasonable suspicion that a crime has been committed, (e) you do not maintain a valid e-mail address or (f) there is a suspicion that you used your account to send SPAM. SparcPlug. may also limit some of the functionality available to you if you do not logon to your account for more than 30 days, or if there is interruption in the payment process. SparcPlug Inc. also retains the right to close the service at any time, temporarily or permanently, in case of force majeure, bankruptcy, liquidation or for any other reason.

ADVERTISEMENTS
Some justKnow services are supported by advertising revenue and may display advertisements and promotions on the service (as stated on the pricing page of the justknow.com website). The manner, mode and extent of advertising by justKnow are subject to change. You agree that SparcPlug shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers.

THIRD PARTY SERVICES
SparcPlug services may provide, or third parties may provide, services or links to other Internet sites or resources. Because SparcPlug has no control over such sites and resources, you acknowledge and agree that SparcPlug is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that SparcPlug shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

INDEMNITY
You agree to hold harmless and indemnify SparcPlug and its licensors, subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the justKnow service, violation of these Terms of Service or any other actions connected with use of the service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, SparcPlug will provide you with written notice of such claim, suit or action.

DISCLAIMER OF WARRANTIES
A. You expressly understand and agree that your use of the extensions is at your sole risk. The extensions are provided on an "as is" and "as available" basis. SparcPlug and its licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

B. SparcPlug and its licensors and affiliates make no warranty that (i) the justKnow service will meet your requirements, (ii) justKnow services including provision of any or all components of the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the justKnow service will be accurate or reliable, (iv) the accuracy, currency, or quality of any products, services, information, or other material purchased or obtained by you through the justKnow service will meet your expectations, and (v) any errors in the software will be corrected.

LIMITATION OF LIABILITY
You expressly understand and agree that SparcPlug and/or its licensors or affiliates shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if SparcPlug has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the justKnow service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the justKnow service; (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the justKnow service.

NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.

NOTICE
SparcPlug may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the justKnow website on which the services are made available.

GENERAL INFORMATION
Entire Agreement. The Terms of Service constitute the entire agreement between you and SparcPlug with respect to the justKnow service and govern your use of the service, superseding any prior agreements between you and SparcPlug with respect to the justKnow service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SparcPlug services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The Terms of Service and the relationship between you and SparcPlug shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions.

Waiver and Severability of Terms. The failure of SparcPlug to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the justKnow Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.