Acceptable Use Policy

As a provider of Internet access, website hosting, and other Internet-related services, Jenica Media Services offers its customers, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Jenica Media Services respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Jenica Media Services reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Jenica Media Services has adopted an Acceptable Use Policy ("policy"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Jenica Media Services's services. This policy will be revised from time to time. A customer's use of Jenica Media Services's services after changes to the policy are posted on Jenica Media Services's website, www.Jenica.com, will constitute the customer's acceptance of any new or additional terms of the policy that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the Internet, they must keep in mind that Jenica Media Services cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Jenica Media Services cannot monitor or censor the Internet, and will not attempt to do so, Jenica Media Services cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When customers disseminate information through the Internet, they also must keep in mind that Jenica Media Services does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Jenica Media Services's network and may reach a large number of people, including both customers and non-customers of Jenica Media Services, customers' postings to the Internet may affect other customers and may harm Jenica Media Services's goodwill, business reputation, and operations. For these reasons, customers violate Jenica Media Services policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

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 consumer attitudes toward Jenica Media Services, but also because it can overload Jenica Media Services's network and disrupt service to Jenica Media Services customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Jenica Media Services has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

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. Jenica Media Services is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Jenica Media Services's policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Jenica Media Services's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Jenica Media Services is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Jenica Media Services's network.

Defamatory or Abusive Language -- Using Jenica Media Services's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

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).

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 others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this policy -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this policy, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.

Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups -- Jenica Media Services reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the policy.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Jenica Media Services determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. Jenica Media Services will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with Jenica Media Services policy or applicable law. When Jenica Media Services becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

Jenica Media Services also is aware that information reaching Jenica Media Services's hosted web sites from our customers may have originated from a another third-party. We will make every effort to work with our customers to resolve these issues. Similarly, Jenica Media Services anticipates that our customers will cooperate with Jenica Media Services in any corrective or preventive action that Jenica Media Services deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Jenica Media Services policy.

Jenica Media Services also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Jenica Media Services urges its customers to assume that all of their on-line communications are insecure. Jenica Media Services cannot take any responsibility for the security of information transmitted over Jenica Media Services's facilities.

Jenica Media Services will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. Jenica Media Services may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Jenica Media Services may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Jenica Media Services assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Jenica Media Services may disclose customer information or information transmitted over its network where necessary to protect Jenica Media Services and others from harm, or where such disclosure is necessary to the proper operation of the system.

Jenica Media Services expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate Jenica Media Services policy. Finally, Jenica Media Services wishes to emphasize that in signing the service agreement, customers indemnify Jenica Media Services for any violation of the service agreement, law, or Jenica Media Services policy, that results in loss to Jenica Media Services or the bringing of any claim against Jenica Media Services by any third-party. This means that if Jenica Media Services is sued because of a customer's or customer of a customer's activity, the customer will pay any damages awarded against Jenica Media Services, plus costs and reasonable attorneys' fees.

We hope this policy is helpful in clarifying the obligations of Internet users, including Jenica Media Services and its customers, as responsible members of the Internet. Any complaints about a customer's violation of this policy should be sent to abuse@jenica.com.

Last Modified March 9, 2005