THE JESTERHEAD

THE OFFICIAL IN FLAMES COLONY WEB SITE

TERMS OF USE

COLONY RULES / TERMS AND CONDITIONS OF USE
This Service Agreement ("Agreement") applies to the purchase of all services (collectively, the "Services") ordered by you or your parent or legal guardian (Collectively referred to as “YOU,” “YOUR,” or “YOURSELF”) from THE JESTERHEAD or through JESTERHEAD.COM (collectively, the “JESTERHEAD”). By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to the terms, conditions and notices contained or referenced herein, please do not use this site. The JESTERHEAD reserve the right to amend the Service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing or future customers and reserves the right to terminate and/or assign the service.


BILLING AND PAYMENT

YOU shall pay the fees and other charges (shipping + handling) for each Service as provided in the applicable order form. The JESTERHEAD reserve the right to change rates by notifying YOU sixty (60) days in advance of the effective date of the change. Service charges shall be invoiced in accordance with the terms and conditions set forth both herein and in the Order Form. All payments shall be made in U.S. currency.

TERM AND CANCELLATION (Web Access)
The term of this Agreement shall be for successive one year periods. If YOU cancel YOUR Service Agreement prior to the end of a year, the JESTERHEAD shall not refund to YOU any fees paid in advance of such cancellation. For security, all cancellation requests must be made by the primary contact person on the account, who must provide sufficient customer identification information. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. Any cancellation by the JESTERHEAD or YOU shall not relieve YOU of any obligations to pay fees accrued prior to such cancellation. Upon any expiration or termination of YOUR membership as set forth in this Agreement, the Services, including, without limitation, any and all benefits associated with YOUR membership in THE JESTERHEAD shall thereupon terminate effective immediately.
No refunds will be offered.

Memberships cannot be sold. If a JESTERHEAD Colony member is found selling their membership their membership will be discontinued/terminated and they will not be refunded.

Your JESTERHEAD-ID is for your personal use only. Please do not share your account information with others. Violation of this policy will result in termination of your Jesterhead account. No refund will be offered.

THE JESTERHEAD ACCEPTABLE USE POLICY
YOU shall at all times adhere to the JESTERHEAD' policies contained herein, as amended from time to time by the JESTERHEAD and effective upon posting of the revised policy. Notwithstanding anything to the contrary contained herein, the JESTERHEAD may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by YOU of the JESTERHEAD Acceptable Use Policy. In the event the JESTERHEAD will take corrective action due to a violation of the JESTERHEAD' Acceptable Use Policy, the JESTERHEAD shall not refund to YOU any fees paid in advance of such corrective action. Connectivity is provided for YOU only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited, unless otherwise expressly agreed by the JESTERHEAD.

LAWFUL PURPOSES
JESTERHEAD.COM may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret. Any access to other networks connected to the JESTERHEAD must comply with the rules appropriate for that other network and with the JESTERHEAD rules. Use of the JESTERHEAD itself may be for any lawful purpose.
It is sometimes difficult to determine whether postings/emails are innocent, inadvertent or intentional. The JESTERHEAD reserve the right of judgment. The following, without limitation, are prohibited from the JESTERHEAD' Network:
1) Chain letters and ponzi schemes.
2) Commercial postings of any kind.
3) Excessive cross posting. Excessive cross posting occurs when a message (usually an advertisement) is posted to many unrelated newsgroups.
4) Spamming. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on user attitudes toward Provider, but also because it can overload the JESTERHEAD' network and can disrupt service. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, THE JESTERHEAD has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
5) Forging of Headers. Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
6) Intellectual Property Violations. Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. The JESTERHEAD are required by law to remove or block access to user content upon receipt of a proper notice of copyright infringement. It is also the JESTERHEAD' policy to terminate the privileges of users who commit repeat violations of copyright laws.
7) Obscene Speech or Materials. Using the JESTERHEAD' network to advertise, transmit, store, post, display, or otherwise make available obscene speech or material.
8) Defamatory or Abusive Language. Using the JESTERHEAD' network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
9) Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
10) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of other users to effectively use the network or any connected network, system, service, or equipment.
11) Facilitating a Violation of this Policy. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Acceptable Use Policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
12) Export Control Violations. Exporting encryption software over the Internet or otherwise, to points outside the United States.
13) Other Illegal Activities. Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available, pyramid schemes, fraudulently charging credit cards and pirating software.
14) Other Activities. Engaging in activities, whether lawful or unlawful, that the JESTERHEAD determine to be harmful to their customers, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities described herein rests with YOU. The JESTERHEAD will not, as an ordinary practice, monitor YOUR communications or those of its other users to ensure that they comply with the JESTERHEAD' policy or applicable law. When the JESTERHEAD become aware of harmful activities, however, the JESTERHEAD may take any action to stop the harmful activity, including but not limited to, removing information, implementing screening software designed to block offending transmissions, denying access to THE JESTERHEAD or JESTERHEAD.COM, or take any other action the JESTERHEAD deems appropriate.

OWNERSHIP OF RIGHTS
This Service and all the content offered through it, including, but not limited to, software, audio clips, video clips, other music and video files and everything else YOU see and hear through the Service (all of these things are commonly referred to as "Content") are owned exclusively by the JESTERHEAD or others that have licensed their material to the JESTERHEAD. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that YOU and others using this Service can't use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this agreement. YOU are authorized only to make personal, noncommercial use of the Content and the Service. All rights not expressly granted to YOU in this agreement are reserved by the JESTERHEAD (and/or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on this Service are owned by the JESTERHEAD or others that have licensed their use to the JESTERHEAD. The Trademarks may not be used in any manner without the prior permission of the owners. The JESTERHEAD (or their licensees as the case may be) own all rights in the Technology. The "Technology" means all rights under copyright, patent, trademark, trade secret and all other proprietary rights in and to the technology and software used by the JESTERHEAD in the operation of the Service. YOU will not gain any ownership or other rights in any Technology by reason of this agreement or otherwise. YOU understand that any unauthorized use of the Technology or Content would result in irreparable injury to the JESTERHEAD for which money damages would be inadequate and in such event the JESTERHEAD will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

ABOUT LINKED SITES
The JESTERHEAD have provided links to related sites for YOUR convenience and enjoyment. The JESTERHEAD do not review these sites and do not endorse them, nor are the JESTERHEAD responsible for any content on these linked sites. Therefore, the JESTERHEAD cannot and do not make any assurances with respect to these linked and the JESTERHEAD expressly disclaim any liability in the event that these links sites contain viruses or otherwise harm or impact YOUR computer in any way. If YOU access these linked sites, including making purchases from such sites, YOU do so at YOUR own risk.
POLICY ON SUBMITTED ARTWORK AND PHOTOS
By sending us artwork YOU (or YOUR parent or legal guardian, if YOU are under 18 years of age) are giving us permission, in perpetuity, on a no-charge basis, to use the artwork in connection with JESTERHEAD.COM, The JESTERHEAD newsletters and/or in connection with any advertisements and promotions for The JESTERHEAD. YOU (or YOUR parent or legal guardian, if YOU are under 18 years of age) certify that any artwork YOU submit to JESTERHEAD.COM is YOUR original work and has never been copyrighted or, if copyrighted, that YOU are the sole copyright owner.

POLICY ON EMAIL AND BLOG ACCOUNTS
Use of any email account or blog hosting account established through this site or any email or blog application accessible through this site (individually and collectively “Email/Blog Account and/or Application”) constitutes YOUR acceptance and agreement of the following: YOU understand and reaffirm YOUR agreement to the JESTERHEAD' then-current Terms of Service. You understand that the JESTERHEAD provide no assistance, including any technical or customer support, in connection with the use of any Email/Blog Account and/or Application, and that YOUR use of thereof is at your own risk. Any and all Email/Blog Accounts and/or Applications are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
You agree not to use any Email/Blog Account and/or Application to engage in any of the activities listed under the headings "Network Security" and "Lawful Purposes" below. The JESTERHEAD are in no way liable for any claims arising from your use of any Email/Blog Account and/or Application. As a condition of your use, you agree to indemnify the JESTERHEAD for all claims relating to YOUR use, reproduction of, and/or receipt or distribution of content through, any Email/Blog Account and/or Application. The JESTERHEAD reserve the right, in their sole discretion and at any time, to modify or discontinue email and/or blog hosting services of any kind through the site; to limit, terminate or suspend your use of any Email/Blog Account and/or Application; and/or assess charges for the use of any Email/Blog Account and/or Application in the future.

ABOUT LINKED SITES
The JESTERHEAD have provided links to related sites for YOUR convenience and enjoyment. The JESTERHEAD do not review these sites and do not endorse them, nor are the JESTERHEAD responsible for any content on these linked sites. Therefore, the JESTERHEAD cannot and do not make any assurances with respect to these linked and the JESTERHEAD expressly disclaim any liability in the event that these links sites contain viruses or otherwise harm or impact YOUR computer in any way. If YOU access these linked sites, including making purchases from such sites, YOU do so at YOUR own risk.

POLICY ON SUBMITTED ARTWORK AND PHOTOS
By sending us artwork YOU (or YOUR parent or legal guardian, if YOU are under 18 years of age) are giving us permission, in perpetuity, on a no-charge basis, to use the artwork in connection with THE JESTERHEAD, The Disturbed newsletters and/or in connection with any advertisements and promotions for Disturbed. YOU (or YOUR parent or legal guardian, if YOU are under 18 years of age) certify that any artwork YOU submit to JESTERHEAD.COM is YOUR original work and has never been copyrighted or, if copyrighted, that YOU are the sole copyright owner.

POLICY ON EMAIL AND BLOG ACCOUNTS
Use of any email account or blog hosting account established through this site or any email or blog application accessible through this site (individually and collectively “Email/Blog Account and/or Application”) constitutes YOUR acceptance and agreement of the following: YOU understand and reaffirm YOUR agreement to the JESTERHEAD' then-current Terms and Conditions of Use. You understand that the JESTERHEAD provide no assistance, including any technical or customer support, in connection with the use of any Email/Blog Account and/or Application, and that YOUR use of thereof is at your own risk. Any and all Email/Blog Accounts and/or Applications are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED. You agree not to use any Email/Blog Account and/or Application to engage in any of the prohibited activities described in the sections under the headings "Network Security" and "Lawful Purposes" herein.
The JESTERHEAD are in no way liable for any claims arising from your use of any Email/Blog Account and/or Application. As a condition of your use, you agree to indemnify the JESTERHEAD for all claims relating to YOUR use, reproduction of, and/or receipt or distribution of content through, any Email/Blog Account and/or Application. The JESTERHEAD reserve the right, in their sole discretion and at any time, to modify or discontinue email and/or blog hosting services of any kind through the site; to limit, terminate or suspend your use of any Email/Blog Account and/or Application; and/or assess charges for the use of any Email/Blog Account and/or Application in the future.

WARRANTY
YOU acknowledge and agree that the JESTERHEAD exercise no control over, and accept no responsibility for, the content of the information passing through the JESTERHEAD' host computers, network hubs and points of presence (the "JESTERHEAD' Network") or the Internet. NEITHER THE JESTERHEAD, THEIR RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, PARENTS, THIRD-PARTY INFORMATION THE JESTERHEAD, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT THE JESTERHEAD PROVIDE. NEITHER THE JESTERHEAD, THEIR RESPECTIVE EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION THE JESTERHEAD, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. THE JESTERHEAD ARE NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICE(S) PROVIDED BY THE JESTERHEAD.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE JESTERHEAD, THEIR SUBSIDIARIES OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE JESTERHEAD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE JESTERHEAD' LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
YOU will indemnify, save harmless, and defend the JESTERHEAD and all employees, officers, directors, affiliates, parents, and agents of the JESTERHEAD (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to YOUR use of the Services, including any violation of the JESTERHEAD' Acceptable Use Policy, and specifically including without limitation, the posting or other proliferation by YOU of obscene, pornographic, or defamatory words or pictures.

INTERNATIONAL USE
The JESTERHEAD make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM
The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without regard to conflicts of laws rules. YOU expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or YOUR use of this site shall be filed only in the state or federal courts located in the City of Los Angeles in the State of California, and YOU hereby submit to the exclusive jurisdiction of the State and Federal courts in the State of California for the purpose of any action or proceeding arising out of or related to this agreement or YOUR status as a member of the THE JESTERHEAD.

INDEMNIFICATION
YOU will indemnify, save harmless, and defend the JESTERHEAD and all employees, officers, directors, affiliates, parents, and agents of the JESTERHEAD (collectively "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to YOUR use of the Services, including any violation of the JESTERHEAD' Acceptable Use Policy, and specifically including without limitation, the posting or other proliferation by YOU of obscene, pornographic, or defamatory words or pictures.

FORCE MAJEURE
The JESTERHEAD shall not be liable for failure or delay in performing their obligations hereunder if such failure or delay is due to circumstances beyond their reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

AMENDMENT OR WAIVER
Except as otherwise provided herein, this Agreement may not be amended except with written notice from the JESTERHEAD. No failure to exercise and no delay in exercising any right, remedy, or power hereunder, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.

ASSIGNMENT AND SEVERABILITY
This Agreement shall be binding upon and inure to the benefit of YOU, the JESTERHEAD and the JESTERHEAD' respective successors, and assigns. YOU may not assign this Agreement without the prior written consent of the JESTERHEAD. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
ENTIRE AGREEMENT
This Agreement including any other document or agreements specifically identified in this Agreement, supercedes all previous representations, understandings or agreements.

ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY THE JESTERHEAD MAY BE SUBJECT, IN THE JESTERHEAD' ABSOLUTE DISCRETION, TO YOUR SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE THE JESTERHEAD' ACCEPTANCE OF THIS AGREEMENT. USE OF THE JESTERHEAD' NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT AND THAT THERE ARE NO CONFLICTING CLAIMS RELATING TOTHE RIGHTS GRANTED BY THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT (i) THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR (ii) THE PARENT OR LEGAL GUARDIAN REGISTERING ON BEHALF OF A MINOR WHO WISHES TO JOIN THE JESTERHEAD.

OTHER NETWORKS
The JESTERHEAD have no control over any other Internet Services Provider or network on the Internet. While the JESTERHEAD may attempt to give YOU assistance should it be needed, the JESTERHEAD do not have the capacity to monitor, restrict or review any content made available on the Internet.

DEDICATED ACCESS ACCOUNTS
The JESTERHEAD make no warranties of any kind, whether expressed or implied, for the services they are providing. The JESTERHEAD also disclaim any warranty of merchantability or fitness for a particular purpose. The JESTERHEAD will not be responsible for any damage YOU suffer through YOUR use of the JESTERHEAD' services. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by the JESTERHEAD' or YOUR errors or omissions. Use of any information obtained via THE JESTERHEAD is at YOUR own risk. The JESTERHEAD specifically deny any responsibility for the accuracy or information obtained via the JESTERHEAD or the JESTERHEAD' Network and use thereof is at YOUR own risk. THE JESTERHEAD may only be used for lawful purposes. Transmission of any material in violation of any federal or state regulations is prohibited. This includes but is not limited to: copyrighted material, material legally judged to be threatening, obscene, defamatory, or material protected by trade secret. Any access to other networks connected to THE JESTERHEAD must comply with the rules appropriate for that other network and with THE JESTERHEAD rules. Use of THE JESTERHEAD itself may be for any lawful purpose. Connectivity is provided for YOU only. Resale of username or password connectivity to other individuals or organizations is strictly prohibited, unless otherwise expressly agreed by the JESTERHEAD.

NETWORK SECURITY
The following are strictly prohibited from the JESTERHEAD' Network:
1) Attempting to circumvent user authentication or security of any host, network or account. This includes but is not limited to accessing data that is not intended for the customer, or logging into a server or account the customer is not expressly permitted to access.
2) Attempting to force a denial of service of a host or network. This includes, but is not limited to email bombing, packet spoofing and ping flooding.
3) Performing any kind of network monitoring without explicit permission from the JESTERHEAD. This includes, but is not limited to probing the security of networks (i.e., using tools such as SATAN), or attempting to intercept data intended for another (i.e., packet sniffing).

INTERNET RELAY CHAT & ONLINE CHAT ROOMS
Use of IRC bots (Idle connections) on the JESTERHEAD' servers is prohibited. Flooding, cloning, spoofing, harassment or otherwise hindering the ability of others to use IRC properly is prohibited. Impersonating anyone other than YOURSELF is prohibited. Any illegal activities are prohibited and may be reported to the proper authorities.

ENFORCEMENT AND VIOLATIONS
You may not sell, assign or otherwise transfer your membership to any other person or entity. Your membership is subject to this Agreement and all other terms and conditions of membership. If the JESTERHEAD determine that you have violated any law or any terms or conditions of membership or this Agreement, the JESTERHEAD reserve the right to suspend or terminate your membership at the JESTERHEAD ’ discretion, with or without notice, and without any liability to the JESTERHEAD whatsoever, including, without limitation, no refunding of membership fees or other monies paid by YOU. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities. The JESTERHEAD will address violations of Internet etiquette as stated in this acceptable use policy, as may be amended from time to time, on a case-by-case basis.

MODIFICATION
The JESTERHEAD reserve the right to modify this Agreement at any time, without notice and such modifications will become active when posted to THE JESTERHEAD or otherwise as part of JESTERHEAD.COM.