Juggernaut Technologies
Juggernaut Technologies
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Fremont, CA    (510) 455-4284

Acceptable Use Policy

Introduction

The main purposes of Juggernaut Technologies, herein referred to as "The Provider", is to provide to its subscribers resources to the Internet.

The Provider has adopted the following Acceptable Use Policies. They are intended to provide guidelines on what constitutes inappropriate use of the access to the Internet provided by The Provider, and alert our subscribers to whatever actions we may be forced to take, with or without notice, should we become aware of inappropriate use of this service.

The Provider recognizes that many of the individual components of the Internet have other specific guidelines for use, and preservation of The Provider's technical resources and continuation of it high quality service to its customers, compliance with existing laws and regulations, and the protection of The Provider's reputation as a service provider compel us to enact the Acceptable Use Policies detailed below. These guidelines will be applied by our system administrators in dealing with complaints from the Internet community, to determine when action should be taken. All The Provider subscribers and advertisers are expected to follow these policies.

ACCESS TO THE PROVIDER'S INTERNET SERVICE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
  1. Warranties/Disclaimers
    The Provider Internet service is provided on an "as is, as available" basis. While our intention is to provide more than adequate bandwidth to support our subscriber base, no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to The Provider or any information or software therein. The Provider 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 Provider's 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 The Provider's own negligence. The Provider further specifically 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 through The Provider services. In no event shall The Provider's aggregate liability exceed the amount paid by you to The Provider for The Provider services. Use of any information obtained via The Provider's Internet service is at the user's own risk. The Provider specifically disclaims any responsibility for the accuracy, safety, or quality of information obtained through its services.
  2. Security
    The Subscriber is responsible for all use of Subscriber's account(s), confidentiality, safety of password(s), and ensuring file protections are set correctly. The Provider retains the right to suspend access or change access to Subscriber's account(s) immediately upon notification by Subscriber that Subscriber's password has been lost, stolen or otherwise compromised. The Provider is not liable for the consequences of any usage of compromised accounts prior to The Provider making the necessary account alteration. No computer system should be considered safe from intrusion, although electronic mail (e-mail) on this system is as private as we can make it. E-mail should not be considered a secure means of communication even if encrypted (which is only as secure as the encryption method utilized).
  3. Personal Files
    The Provider is not responsible for Subscriber's personal files residing on The Provider. The Provider reserves the right to delete Subscriber's personal files after one or both parties terminates the service agreement between The Provider and Subscriber.
  4. Non-Transferability of Account
    The right to use The Provider's Internet service is not transferable, being expressly limited to the individual or business whose name appears on the account.
  5. Network Address Ownership
    Any network address assignments issued by The Provider (i.e., IP Address) are the property of The Provider and are assigned dynamically. In the event service with The Provider is discontinued for any reason, such addresses will revert to The Provider. The network addresses are assigned on a per session basis and are designed to allow for Web Surfing. This design/assignment of network addresses could effect (not allow) some games/services (IRC, CU-SeeMe, web page hosting) which require a fully qualified address.
  6. Compliance with all Laws
    Subscriber agrees:
    1. to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited.
    2. that any material to be reproduced or transmitted on The Provider's service through Subscriber's account(s) does not violate or infringe any patent, trademark, copyright, statutory, common law or proprietary rights of others.
    3. that such material as might be reproduced or transmitted on The Provider's service through his/her account does not contain anything obscene, libelous or threatening. Subscriber agrees Software intended to facilitate any such violations or infringements may not be stored on The Provider.
    4. at The Provider's discretion, Subscriber access to The Provider services or accounts for inappropriate usage.
    5. Subscriber shall defend, indemnify and hold harmless The Provider from and against any claims, liabilities and expenses, including attorneys fees, resulting from Subscriber's use of the The Provider service or Subscriber's account in an unlawful manner or otherwise in violation of or contrary to Subscriber's Agreement with The Provider or The Provider's Acceptable Use Policies.
  7. Acceptable Conduct
    The following Usage of The Provider resources is deemed acceptable under the terms of service:
    1. Usage for private personal or business communications.
    2. Usage for public communications as suggested by the charters of USENET newsgroups, and the well known guidelines generally accepted by the users and news administrators of same.
    3. Usage for research or educational purposes.
    4. Usage for data communications in accordance with applicable laws.
  8. Unacceptable Conduct
    The following types of conduct are grounds for immediate suspension of service pending investigation by The Provider and may result in termination of the account(s) determined to have originated this conduct. In addition, The Provider reserves the right, where feasible, to implement technical block's to multiple postings by a The Provider Subscriber as described in (a), (b), (c), and (f) below before such postings are forwarded:
    1. Violation of any applicable local, state, federal, or international laws.
    2. Posting identical or substantially similar articles to an excessive (more than 10) number of newsgroups or continued posting of articles which are off-topic for a newsgroup (according to the newsgroup charter or which provoke complaints from the regular readers of the newsgroup for being off-topic). The Provider will apply a charge of $0.05 per copy for misposted Usenet articles.
    3. Sending unsolicited mass (to more than 15 users) e-mailings which provoke complaints from the recipients. Any subscriber who perpetrates such unsolicited non-commercial mass e-mailings shall be subject to a one thousand dollar (US $1000.00) service charge, payable to The Provider Unsolicited commercial advertisements are not allowed in e-mail. The Provider will apply a charge of $150.00 per user for unsolicited commercial e-mail.
    4. Engaging in either (a) or (b) from a provider other than The Provider while using an account on The Provider as a mail drop for responses, or to draw attention to a web site housed within The Provider's networks.
    5. Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by The Provider.
    6. Mail bombing (the transmission of large volumes of unsolicited e-mail to individuals or to individual business accounts).
    7. 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.
    8. Privacy violations: Any attempt to gain access to any other system or users' private data without express consent of the user. Such attempts include, but are not limited to tricking other people into releasing their passwords, password cracking, and security hole scanning.
    9. Use of IRC 'bots or clonebots on The Provider. An IRC 'bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
    10. Use of programs or methods that trick our systems from disconnecting an inactive user after a pre-determined amount of time, and/or a program that connects or re-connects the user's session automatically and without his/her manual intervention.
    11. Network unfriendly activity: Any attempt to interfere with the regular workings of The Provider's systems or network connections or which adversely affect the ability of other people or systems to use The Provider 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 The Provider system;
      2. any use of this or any other The Provider system as a staging ground to disable other systems.
  9. Right to Disconnect Non-Dedicated Accounts
    The Provider unlimited interactive usage dial-up connections are not intended to be full-time dedicated connections and will be disconnected after 15 minutes of inactivity or Five (5) hours of continuous use. Subscriber agrees not to use any automatic method to avoid disconnection, to keep the connection active only when the Subscriber is actively using it, and not to provide public information services over the connection. The Provider reserves the right to impose a restriction on accounts deemed by it to be in violation of these conditions.
  10. Excess Utilization of System or Network Resources
    The Provider account descriptions specify limits on bandwidth, CPU and disk utilization for Subscribers. Upon determination by The Provider that a Subscriber in excess of those limits, the Subscriber will be notified by e-mail. The Subscriber may be requested to upgrade to a web hosting service agreement or to modify the activity creating the excess use 48 hours after transmission of that notice. A determination by The Provider that any excess utilization adversely affects The Provider's ability to provide service for all Subscribers, may result in immediate action to relieve the problem. In that event, the Subscriber will be notified by e-mail as soon as practicable.
  11. Compliance with Rules of Other Networks
    Any access to other networks connected to The Provider's Internet service must comply with the rules for that other network as well as with The Provider's rules.
  12. Monitoring/Privacy
    The Provider reserves the right to monitor any and all communications through or with CAIS facilities. Subscriber agrees that The Provider 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 The Provider employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. The Provider also reserves the right to access a Subscriber's mailbox or other files stored on The Provider systems to resolve system problems or mail system errors.
  13. Cooperation with Authorities
    The Provider 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.
  14. Confidentiality of Personal Subscriber Information
    The Provider will not release a Subscriber's personal subscriber information, nor a Subscriber's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Subscriber agrees that The Provider's judgment as to the validity of any court order of subpoena shall be considered proper and final.
  15. Right to Suspend or Cancel Account
    The Provider reserves the right to suspend or cancel service to a Subscriber 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 The Provider that the Subscriber may be performing activities harmful to The Provider or its Subscribers, employees, vendors, business relationships or any other users of the Internet.
  16. Right to Damages
    The Provider reserves the right to collect damages (software, hardware and man hours) if any harm is done to The Provider which requires repair or reconfiguration of any kind.
  17. Other Remedies/Non-Waiver
    Nothing contained in these policies shall be construed to limit action The Provider may take or remedies available to The Provider in any way with respect to any of the described conduct. The Provider reserves the right to take any additional actions The Provider 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 The Provider service, and levying cancellation charges to cover The Provider's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, The Provider reserves at all times all rights and remedies available to The Provider 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 The Provider reserves the right to enforce such policy or rule at its sole discretion.
  18. Right to Change Service
    The Provider reserves to right to change without notice the The Provider service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
  19. Right to Modify Acceptable Use Policies
    The Provider may modify its Acceptable Use Policies upon notice published online via The Provider. Subscriber's use of The Provider services after such notice shall constitute Subscriber's acceptance of the modifications to these policies.
  20. Cancellation Policy
    Cancellation requests will be processed upon receipt of a written request for cancellation, stating the reasons, user name, address, and phone number.
  21. Toll-Charges (POP) Local Dial-in errors Policy
    The Provider assumes no liability for toll charges incurred by users for incorrectly entering a local access number in their computer. In addition The Provider will not reimburse customers for toll-charges under the following conditions:
    1. Failure to adequately install our software product.
    2. Improperly entering the local access number.
    3. Improperly obtaining a local access number from the readme file or the The Provider technical support pages.
    4. Improperly obtaining a local access number from Customer Service or any other The Provider employee.
    5. Improperly obtaining a local access number from the Technical Insert provided with the software upon receipt of the product.
  22. The Provider assumes no liability, and user obtains no recourse against The Provider for improperly entering a local access number, which results in toll-charges. The maximum liability on The Provider would be under our cancellation policy, provided all conditions are met under said policy. The Provider will not make exceptions to this policy. The user is ultimately responsible to insure proper local access numbers are used.
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