Policies Regarding Acceptable Use
Revised: 11/21/2009
Jnerick's acceptable use policies ("Policies") set forth below defines acceptable practices while using jnericks website. You are entirely responsible for the confidentiality of your personal information. You agree to indemnify, defend, and hold Jnerick, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of this Policy, misuse or abuse of the Site, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in Jnerick's defense of any claim. Jnerick reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Jnerick.
General
These Policies are designed to assist in protecting Jnericks web users and the Internet community as a whole from improper and/or illegal activity over the Internet. Users are generally expected to behave in a reasonable fashion and to adhere to commonly accepted practices of the Internet community.
For the most part, simply exercising good judgment and common sense while using this site should enable users to remain within the view of acceptable conduct as further described in these policies. The categories listed below are intended merely to serve as guidelines regarding appropriate and inappropriate conduct; the list is by no means exhaustive and should not be interpreted as such.
Definitions
As used in this Acceptable Use Policy, the terms shall have the respective meanings
set forth below:
"Jnerick" includes, without limitation, Jnerick International, and any division, subsidiary, affiliate, or parent corporation of any of the forementioned.
Questions, Comments, or Complaints
If you are unsure whether any contemplated use or action is permitted, please submit questions or comments to Jnerick at: info@jnerick.com
E-Mail Relay
Any use of another party's electronic mail server to relay e-mail without express permission from such other party is prohibited.
Illegal Activity
Users agree to use the Site only for lawful purposes. Use of the Site for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful. In those instances involving child pornography, Jnerick complies with all applicable Federal or State laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.
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") is prohibited. 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) is likewise prohibited.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation and sending of Internet viruses, worms, Trojan horses, pinging, flooding, or denial of service attacks is prohibited. Activities that disrupt the use of or interfere with the ability of others to effectivelyuse the network or any connected network, system, service, or equipment are likewise prohibited.
Other Prohibited Activities
The following activities are also prohibited:
Attempting to intercept, redirect, or otherwise interfere with communications intended
for others. Intentionally transmitting files containing corrupted data.
Resale of Jnerick's services or products, unless expressly authorized in a separate
written agreement with Jnerick.
Harassment, whether through language, frequency, or size of messages.
Furnishing false or incorrect data to Jnerick on applications, contracts, or other materials or information provided to Jnerick, including fraudulent use of credit card numbers or "bill to" telephone numbers.
Engaging in activities that are determined to be illegal is prohibited. sush as advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.Exporting encryption software over the Internet
or otherwise, to points outside the United States is also prohibited.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is prohibited.
Privacy
Because the Internet is an inherently open and insecure means of communication, any data or information a User transmits over the Internet may be susceptible to interception and alteration. Subject to our OnlinePrivacy Policy, we make no guarantee regarding, and assume no liability for, the security and integrity of any data orinformation a User transmits via the Service or over the Internet, including any data or information transmitted via any server designated as "secure."
Modifications
Jnerick reserves the right to modify this Acceptable Use Policy at any time without notice.
In most cases, we will attempt to notify you, our Customer, of any such modifications either
via e-mail or by posting a revised copy of the Policies on our Web site.
Additional Terms and Conditions
The use of the Jnerick Network by a customer of Jnerick is subject to the terms and conditions
of any agreements entered into by such customer with Jnerick. This Acceptable Use Policy is incorporated into such agreements by reference.
Limitation of Liability
Jnerick SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS
OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC., EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Jnerick SHALL NOT BE LIABLE FOR ANY DIRECT OR ACTUAL DAMAGES, EXCEPT TO
THE EXTENT SPECIFIED IN A WRITTEN OR ELECTRONIC AGREEMENT ENTERED INTO BETWEEN
Jnerick AND ITS CUSTOMER.