JANEY'S WEB SERVICE
Terms and Conditions (Acceptable Use Policy)

These are the Acceptable Use Policies (AUP) of Janey's Web Service, a subsidary of BJE International, Inc. All clients of Janey's Web Service agree to abide by these policies. Janey's Web Service reserves the right to change and update these pol icies as it sees necessary.


Introduction

The primary purpose of Janey's Web Service, a subsidary of BJE International, Inc., is to facilitate communication with the numerous computer networks commonly referred to collectively as "the Internet." It is Janey's Web Service's intention to allow Janey's Web Service users complete access to everything the Internet has to offer, with minimal or no interference from Janey's Web Service.

However, many of the individual networks or portions of the Internet have specific guidelines for use. As the Internet expands, it is increasingly common for an Internet Service Provider, such as Janey's Web Service, to be blocked from use of another organization's systems due to violations of that system's guidelines. Because Janey's Web Service runs multi-user systems, actions of one Janey's Web Service customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all Janey's Web Service users.

To this end, Janey's Web Service has developed these Acceptable Use Policies. They are intended to inform Janey's Web Service's Customers of what Janey's Web Service considers to be acceptable conduct in relation to the Internet, and to inform Customers what actions Janey's Web Service may take, with or without notice, in the event that Janey's Web Service becomes aware of inappropriate use of Janey's Web Service's service. This AUP will be used to help Janey's Web Service system administrators deal with complaints from users of Janey's Web Service or other Internet-connected systems, and to determine when action should be taken.It is expected that all Janey's Web Service Customers will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of Janey's Web Service's technical resources, ability to continue to provide high quality service to its customers, and the protection of Janey's Web Service's reputation as a service provider.


ACCESS TO Janey's Web Service's INTERNET SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. Warranties/Disclaimers

Janey's Web Service Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Janey's Web Service or any information or software therein. You release Janey's Web Service from and Janey's Web Service shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Janey's Web Service services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by Janey's Web Service's own negligence. Without limiting the generality of the foregoing, Janey's Web Service disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Janey's Web Service services. In no event shall Janey's Web Service's aggregate liability exceed the amount paid by you to Janey's Web Service for the Janey's Web Service services. Use of any information obtained via Janey's Web Service's Internet service is at the user's own risk. Janey's Web Service specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.

2. Security

The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Janey's Web Service will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Janey's Web Service is not liable for any usage and or charges prior to Janey's Web Service making the necessary account alteration. Electronic mail on this system is as private as we can make it. Janey's Web Service's Customers are reminded that no computer network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted – and even encrypted information is only as secure as the encryption method utilized.

3. Personal Files

Janey's Web Service is not responsible for any Customer's personal files residing on Janey's Web Service. The Customer is responsible for independent backup of the Customer's data that is stored on Janey's Web Service. Janey's Web Service reserves the right to delete any Customer 's personal files after one or both parties terminates the service agreement between Janey's Web Service and the Customer.

4. Non-Transferability of Account

The right to use Janey's Web Service's Internet service is not transferable. Use of Janey's Web Service accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.

5. Network Address Ownership

Any network address assignments issued by Janey's Web Service (i.e., IP addresses and Class C address space) are the property of Janey's Web Service and are considered to be loaned to its customers. In the event service with Janey's Web Service is discontinued for any reason, such addresses will revert to Janey's Web Service. If a Customer of Janey's Web Service participates in a service of Janey's Web Service which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned Domain Name, but not the IP address to which it was assigned by Janey's Web Service.

6. Compliance with all Laws

Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of the United States of America, the Commonwealth of Virginia, State of California, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on Janey's Web Service's service through Customer 's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Janey's Web Service. The Customer shall defend, indemnify and hold harmless Janey's Web Service from and against any claims, liabilities and expenses, including attorney fees, resulting from any Customer's use of the Janey's Web Service service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Janey's Web Service or Janey's Web Service's Acceptable Use Policies. At Janey's Web Service's discretion, Janey's Web Service may revoke any Customer's access to Janey's Web Service services or accounts for inappropriate usage.

7. Unacceptable Conduct

The following types of conduct are grounds for immediate suspension of service pending investigation by Janey's Web Service and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Janey's Web Service reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Janey's Web Service Customer as described in (a) and (b) below before such postings are forwarded:

(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate).

(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users) which provoke complaints from the recipients.

(c) Engaging in either (a) or (b) from a provider other than Janey's Web Service and using an account on Janey's Web Service as a mail drop for responses, or to draw attention to a web site housed within Janey's Web Service's networks.

(d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by Janey's Web Service.

(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.

(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.)

(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.

(h) Use of IRC bots or clonebots on Janey's Web Service, whether on IRC servers controlled by Janey's Web Service or by other parties. An IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.

(i) Network unfriendly activity: Attempts to interfere with the regular workings of Janey's Web Service's systems or network connections or which adversely affect the ability of other people or systems to use Janey's Web Service services or the Internet, including, but not limited to:

  1. any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other Janey's Web Service system;

  2. any use of this or any other Janey's Web Service system as a staging ground to disable other systems.

(j) Any activity which violates the laws or statutes of the United States or the Commonwealth of Virginia, and the State of California.

8. Excess Utilization of System or Network Resources

Janey's Web Service account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Janey's Web Service determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits, the Customer will be notified by E-Mail. If the excess use continues for more than 48 hours after such notification, the Customer may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU or disk space utilization is determined by Janey's Web Service to adversely affect Janey's Web Service's ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-Mail as soon as practicable.

9. Compliance with Rules of Other Networks

Any access to other networks connected to Janey's Web Service's Internet service must comply with the rules for that other network as well as with Janey's Web Service's rules.

10. Monitoring/Privacy

Janey's Web Service reserves the right to monitor any and all communications through or with Janey's Web Service facilities. Customer agrees that Janey's Web Service is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Janey's Web Service employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Janey's Web Service also reserves the right to access a Customer's mailbox or other files stored on Janey's Web Service systems to resolve system problems or mail system errors.

11. Cooperation with Authorities

Janey's Web Service reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity.

12. Confidentiality of Personal Subscriber Information

Janey's Web Service will not release a Customer's personal subscriber information, nor a Customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that Janey's Web Service's judgment as to the validity of any court order of subpoena shall be considered proper and final.

13. Janey's Web Service's Right to Suspend or Cancel Account

Janey's Web Service reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of Janey's Web Service that the Customer may be performing activities harmful to Janey's Web Service or its Customers, employees, vendors, business relationships or any other users of the Internet.

14. Right to Damages

Janey's Web Service reserves the right to collect damages (software, hardware and man hours) if any harm is done to Janey's Web Service which requires repair or reconfiguration of any kind. In the event a Clients account is turned over to a collection agency, Client accepts and acknowledge that the Client will be responsible for all applicable fees Janeys Web Service incurs related to t he collection of monies due Janeys Web Service.

15. Other Remedies/Non-Waiver

Nothing contained in these policies shall be construed to limit action Janey's Web Service may take or remedies available to Janey's Web Service in any way with respect to any of the described conduct. Janey's Web Service reserves the right to take any additional actions Janey's Web Service may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Janey's Web Service service, and levying cancellation charges to cover Janey's Web Service's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, Janey's Web Service reserves at all times all rights and remedies available to Janey's Web Service with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Janey's Web Service reserves the right to enforce such policy or rule at its sole discretion.

16. Janey's Web Service's Right to Change Service

Janey's Web Service reserves to right to change without notice the Janey's Web Service service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.

17. Janey's Web Service's Right to Modify its Acceptable Use Policies

Janey's Web Service may modify its Acceptable Use Policies upon notice published online via Janey's Web Service. Customer's use of Janey's Web Service services after such notice shall constitute Customer's acceptance of the modifications to these policies.

Questions should be directed to steph1@janey.net.

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