|
|
|
|
Jacob Internet
Fund Shareholder Agreement for use of On-line Services
NOTE: ACCESSING OR REQUESTING ACCOUNT INFORMATION OR TRANSACTIONS THROUGH THIS
SITE CONSTITUTES AND SHALL BE DEEMED TO BE AN ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS, WHICH ARE A LEGAL AGREEMENT BETWEEN MYSELF AND THE JACOB
INTERNET FUND.
1. On-line Services. This Agreement ("Agreement") between me and the Jacob
Internet Fund (the "Fund") sets forth the terms on which I am permitted to use
the On-line Services. The words "I", "my" and "me" in this Agreement mean each
person who has an interest in the Fund account which is accessible through the
On-line Services and any person authorized to have such access. On-line
Services, for purposes of this Agreement, includes the on-line services
currently offered and which may be offered in the future by the Fund for mutual
fund transactions and account inquiry, and any other on-line system made
available to the Fund shareholders by the Fund or its agents or service
providers. The On-line Services permit me to transmit electronically requests
to buy or redeem shares of the Fund. These services are available for use with
compatible personal, home, or small business computers with modems which can
connect to the Internet.
2. Agreement Governs. I will use the On-line Services only on the terms set
forth in this Agreement.
3. Sole User. I will be the only authorized user of the On-line Services under
this Agreement and I will not make the On-line Services available to anyone
else. I will keep my security code(s) and other security information (all such
codes and information, "security information") confidential. I will be solely
responsible for all requests for transactions and information (and the use of
the information) transmitted through the On-line Services using my security
information. The Fund is not obligated to inquire as to the authority or
accuracy of my instructions transmitted through the On-line Services and will
be entitled to act upon my instructions; and the Fund will not be liable for
any loss, expense or other liability arising out of my instructions transmitted
through the On-line Services. Telephone calls to the Fund may be recorded, and
I consent to that recording.
4. Duty to Monitor Account. I understand that requests for transactions, rather
than orders, are transmitted through the On-line Services. I understand that
the on-line acknowledgments or other messages which appear on my screen for
transactions entered do not mean that transactions have been received, accepted
or rejected by the Fund. These acknowledgements are only an indication that the
transactional information entered by me has either been transmitted to the
Fund, or that it cannot be transmitted. The Fund will not be deemed to have
received or accepted any transaction request I transmit through the On-line
Services until the Fund has provided me a written confirmation. All transaction
requests will be deemed to have been made in the form received by the Fund. I
am responsible for verifying the accuracy and receipt of all information
transmitted via the On-line Services and for immediately notifying the Fund's
transfer agent of any errors or inaccuracies relating to information
transmitted via the On-line Services. I am responsible for monitoring my
account. I will immediately notify the Fund if: (a) a request for a transaction
has been placed through the On-line Services and I have not received a
reference number reflecting the request; (b) a request for a transaction has
been placed through the On-line Services and I have not received an accurate
written confirmation of the transaction within seven (7) business days; (c) I
have received confirmation of a transaction which I did not request or any
other report conflicting with information about my account; (d) there is
unauthorized use, loss or theft of any of my security information; (e) there is
a discrepancy between any transaction I requested and the information reflected
in a confirmation or account statement.
If I do not notify the Fund when any of the foregoing conditions occur, neither
the Fund nor any of its employees, agents, affiliates nor any third parties,
will be liable to me for the handling or loss of any transaction request. Any
liability for acts or omissions in providing the On-line Services to me will be
limited to an amount equal to the benefit which would have resulted from the
transaction during the seven (7) business days immediately following the date
my transaction request was transmitted via the On-line Services.
5. Information from Outside Sources. The Fund will not be responsible for the
accuracy or completeness of any information provided by outside sources through
the On-line Services. My transmissions through the On-line Services are at my
sole risk. Nothing in this Agreement may be interpreted as a solicitation or
recommendation to buy or sell securities.
6. Outside Services. My Internet service provider may charge me for time spent
on line. I will be responsible for all expenses which I (or any person using my
security information or equipment) incur in connection with using the On-line
Services. I agree that the Fund is not responsible for notifying me of any
upgrades or enhancements to "browser" software.
7. Events Outside the Fund's Control. Neither the Fund nor any third party
providing the On-line Services will be responsible for damages caused by
failure of, interference with or unauthorized access to communications lines or
computer systems, operator error or other occurrences beyond its control. The
Fund will not be liable for interception of information transmitted via the
Internet nor responsible for access to, or the speed or availability of, the
Internet or network services.
8. Account Application and Prospectus. The terms of my Fund account application
and the applicable prospectus govern my account. Those terms are deemed to be
part of this Agreement. I understand that the Fund is available only to U.S.
investors, and shares of certain investment portfolios may not be offered and
sold in all states.
9. Confidentiality. The On-line Services are the proprietary property of the
Fund and/or third parties. I will keep confidential and not re-disseminate the
information or services provided through the On-line Services.
10. Indemnification. I indemnify and hold harmless the Fund from any and all
claims, losses, liability, costs and expenses (including but not limited to
attorneys' fees) arising from any violation of this Agreement or any third
party's rights including but not limited to copyright, proprietary and privacy
rights.
11. Personal Financial Information. Use of the On-line Services may involve the
transmission from or to me of personal financial information (such as the
amount and price of securities that I buy or sell). I consent to the
transmission of that information through the On-line Services at all times that
I use the On-line Services.
12. Severability. If any provision of this Agreement is held invalid or
unenforceable by a court, regulatory agency or body, such invalidity or
unenforceability shall attach only to that provision. The validity of the
remaining provisions will not be affected.
13. Discontinuance of On-line Services. The Fund may discontinue or modify the
terms of the On-line Services in whole or in part at any time or from time to
time.
14. On-line Services Software License. My use of any On-line Services software
is subject to the terms of the following Fund License ("License"). I agree to
be bound by the terms of this License, including without limitation the
prohibitions on distribution and copying, the exclusion of all representations
and warranties, and the limitation of remedies to the replacement of defective
disks. (a) Grant of License. This License permits me to access the Fund On-line
Services software ("Application") from each computer in my household, and a
single computer at my workplace, in the United States. This License is subject
to my compliance with the terms of this Agreement and the Fund security
procedures established for Application users. This Agreement is my proof of
license to exercise the rights granted herein and must be retained by me. I may
not rent, lease or transfer my rights to access the Application. (b) Copyright.
The Application is owned by the Fund or its suppliers and is protected by
United States copyright laws and international treaty provisions. Therefore, I
must treat the Application like any other copyrighted material (e.g., a book or
musical recording) except that I may either (a) copy or download information
solely for backup or archival purposes, or (b) transfer the information to a
single hard disk provided I keep the original solely for backup or archival
purposes. I may not distribute the on-line contents in any way, without
explicit written notice from the Fund. (c) U.S. Government Restricted Rights.
The Application and on-line documentation are provided with RESTRICTED RIGHTS.
Use, duplication, or disclosure by the Government is subject to restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause of DFARS 252.227-7013 or subparagraphs (c)(1) and (2)
of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is First Data Corporation. (d) Export Controls. The
Application and any underlying technology may not be accessed or exported
outside the United States or to any foreign entity or "Foreign Person" as
defined by the U.S. government regulations, including without limitation,
anyone who is not a citizen, national or lawful permanent resident of the
United States. By downloading data or using the Application, I am agreeing to
the foregoing and I am warranting that I am not a "Foreign Person" or under the
control of a "Foreign Person."
15. No Warranty. I expressly agree that the use and storage of any information
through use of the On-line Services is at my sole risk and responsibility.
NEITHER THE FUND NOR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY
FIRSTAR BANK), MAKES ANY REPRESENTATIONS OR WARRANTIES EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE ON-LINE
SERVICES, THE APPLICATION, ANY ACCOMPANYING ON-LINE MATERIALS, OR ANY
INFORMATION PROGRAMS OR PRODUCTS OBTAINED FROM, THROUGH, OR IN CONNECTION WITH
THE ANY OF THE FOREGOING. IN NO EVENT WILL THE FUND OR ANY THIRD PARTY BE
LIABLE FOR, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, COVER, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, SPECIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF OR
RESULTING FROM ANY DEFECT IN, INABILITY TO ACCESS, OR USE OF THE ON-LINE
SERVICES OR THE APPLICATION EVEN IF THE FUND OR ANY THIRD PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow
the exclusion or limitation of warranties or of liability for consequential or
incidental damages, the above limitation may not apply to me. No oral advice or
written information given by the Fund or any of its employees or agents will
create a warranty, and I will not rely on any such information or advice. The
Fund does not warrant that the On-line Services are uninterrupted or error free
or that the Website or server making it available is free of viruses or other
harmful components. I understand that an undetected or unrepaired virus may
corrupt and destroy my programs, files and hardware, and that the virus may be
unintentionally transmitted to other computers.
16. Assignment. I may not assign this Agreement or any rights or obligations
hereunder without the consent of the Fund. The Fund may assign this Agreement
or any of its rights or obligations under this Agreement without notice to me.
17. Notices. All notices to the Fund under this Agreement will be directed to:
the Jacob Internet Fund 615 E. Michigan Street Milwaukee, WI 53201 Attention:
On-line Services Inquiry
18. Termination; Amendment; No Waiver. The Fund may terminate this Agreement or
amend it in whole or in part by notice to me. This Agreement may not be amended
in any other manner. The failure or delay of the Fund to enforce any provision
of this Agreement will not be construed as a waiver of such provision. I may
terminate this Agreement by notifying the Fund in writing. This Agreement will
also terminate if I fail to comply with any condition of this Agreement, and I
agree that upon such termination I shall halt access to the On-Line Services,
the Application and all on-line documentation.
19. Governing Law. This Agreement is governed by the laws of the State of
Wisconsin except for conflict of law provisions. Captions in this Agreement are
included for convenience of reference only and do not effect the construction
or effect of the provisions of this Agreement. The application of the United
Nations Convention of Contracts for the International Sale of Goods is
expressly excluded.
20. No Bank Guarantee. I understand that shares of the Fund are not bank
deposits or obligations of, or guaranteed, endorsed or otherwise supported by
any Firstar Bank or affiliate, and are not federally insured or guaranteed by
the U.S. government, Federal Deposit Insurance Corporation, Federal Reserve
Board, or any other governmental agency.
|