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:
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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.
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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.
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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.
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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.
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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.
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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.
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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:
- 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;
- 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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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