ACCEPTABLE USE POLICY

While JANWebs LLC respects that the Internet offers a forum for free and open discussion and the dissemination of information from a variety of sources, when there are competing interests at issue, JANWebs LLC reserves the right to take certain preventive and/or corrective actions. To protect these competing interests, JANWebs LLC has developed this Acceptable Use Policy (“AUP”), which supplements and explains certain terms of each Client's (“Customer's”, “Subscriber's”) respective service agreement and is intended to serve as a guide to the Client's rights and obligations when using JANWebs LLC's services. This AUP will be revised from time to time. Changes will be posted on the JANWebs LLC web site, http://www.janwebs.com/hosting/aup.htm. A Client's use of JANWebs LLC's services after changes to the AUP are posted on JANWebs LLC's web site will constitute the Client's acceptance of any new or additional terms of the AUP that result from those changes.

Clients must remember that when they obtain information from the Internet, JANWebs LLC cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that Clients may acquire. Clients must use their 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. JANWebs LLC cannot and will not attempt to monitor or censor the Internet. JANWebs LLC cannot and will not accept any responsibility for injury to subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When Clients disseminate information through the Internet, they must keep in mind that JANWebs LLC does not review, edit, censor, or take responsibility for any information its Clients may create. When Clients place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Clients' postings to the Internet may affect other subscribers, clients and customers, and may harm JANWebs LLC's goodwill, business reputation, and operations. For these reasons, Clients violate JANWebs LLC's policy and the serve agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

  1. Spamming - Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”). It is harmful because of its negative impact on customer attitudes toward JANWebs LLC, and because it can overload the network and disrupt service to JANWebs LLC Clients. Maintaining an open SMTP relay also is prohibited. When a complaint is received JANWebs LLC has the discretion to determine from all the evidence whether the email recipients were from an “opt-in” email list.
  2. Intellectual Property Violations - Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including but not limited to copyrights, trademarks, service marks, trade secrets, software privacy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. JANWebs LLC is required by law to remove or block access to Client content upon receipt of a proper notice of copyright infringement. It also is JANWebs LLC's policy to terminate the privileges of Clients who commit repeat violations of copyright laws and other Intellectual Property laws.
  3. Obscene Speech or Materials - Using JANWebs LLC's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. JANWebs LLC is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through JANWebs LLC network. JANWebs LLC will cooperate to the fullest extent possible.
  4. Defamatory or Abusive Language - Using JANWebs LLC's network as a means to transmit or post defamatory, harassing, abusive or threatening language. JANWebs LLC will immediately remove or block access to Client content that is defamatory or abusive. It also is JANWebs LLC's policy to terminate the privileges of Clients who commit such actions.
  5. Forging Headers - Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
  6. 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).
  7. 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. JANWebs LLC will immediately terminate the privileges of Clients who commit such actions.
  8. Facilitating Violation of this AUP - Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks and piracy of software. . JANWebs LLC will immediately terminate the privileges of Clients who commit such actions.
  9. Export Control Violations - Exporting encryption software over the Internet or otherwise, to points outside the United States. . JANWebs LLC will immediately terminate the privileges of Clients who commit such actions.
  10. Usenet Groups - JANWebs LLC reserves the right not to accept postings from newsgroups where JANWebs LLC has actual knowledge that the content of the newsgroup violates the AUP.
  11. 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. JANWebs LLC will immediately terminate the privileges of Clients who commit such actions.
  12. Other Activities - Engaging in activities, whether lawful or unlawful, that JANWebs LLC determines to be harmful to its Clients, subscribers, operations, reputation, goodwill, or customer relations.

The responsibility for avoiding harmful activities described above rests primarily with the Client. JANWebs LLC will not, as an ordinary practice, monitor the communications of its Clients to ensure that they comply with JANWebs LLC policy or applicable law. When JANWebs LLC 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 the web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.

If third parties, through Clients' sites, violate this agreement, JANWebs LLC will take all actions necessary to end the offensive activity, including terminating the privileges of the Client. JANWebs LLC anticipates that Clients will cooperate with JANWebs LLC in any corrective or preventive action that JANWebs LLC deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of JANWebs LLC policy.

JANWebs LLC also is concerned with the privacy of on-line communications and web sites. The Internet is neither more nor less secure than other means of communication including mail, facsimile (“fax”), and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, JANWebs LLC urges its Clients to assume that all of the on-line communications are insecure. JANWebs LLC cannot assume responsibility for the security of information transmitted over JANWebs LLC's facilities.

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

JANWebs LLC expects that Clients who provide information to others will comply fully with all applicable laws concerning the privacy of on-line communications. A Client's failure to comply with those laws will violate JANWebs LLC policy.

By signing any Contract agreement with JANWebs LLC, the Client indemnify JANWebs LLC from any violation of the Contract agreement, law or JANWebs LLC policy, that results in loss to JANWebs LLC or the bringing of any claim against JANWebs LLC by any third party. This means that if JANWebs LLC is sued because of a Client's activity, the Client will pay any damages awarded against JANWebs LLC, plus costs and reasonable attorneys' fees.

JANWebs LLC hopes this AUP is helpful in clarifying the obligations of Internet users, including JANWebs LLC and its Clients, as responsible members of the Internet. Any complaints about a Client's violation of this AUP should be sent to jnortonjr@janwebs.com.

January 1, 2007