Our goal in establishing the Terms is to protect both our users and the larger internet community from the consequences of irresponsible use of TJR Networks resources. The Terms chiefly prohibit:
- Acts that are illegal;
- Acts that violate generally accepted standards for online behaviour;
- Acts that misuse TJR Networks resources to the detriment of other internet users.
All customers, clients and users of the TJR Networks services are required to comply with the Terms. Any of the following violations could lead to account suspension or termination:
- The publication of adult content, or reference to such content. This includes, but is not limited to, pornographic video, imagery or sound;
- The use of IRC servers and IRC bots;
- The sending of unsolicited email, more commonly referred to as “spam”. Additional penalties over and above account termination may apply;
- Sites that place an unreasonable load on the server, for whatever reason, to the detriment of other users;
- Hate literature, violation of copyright laws, and other illegal material is not permitted.
TJR Networks does not routinely monitor the activity of accounts except for the preparation of account renewals and the optimization and improvement of our services through the collection of statistical information. However, in our efforts to promote good citizenship within the internet community, we will respond appropriately if we become aware of inappropriate use of our service. You may NOT use your TJR Networks services:
- In a manner which violates any law, regulation, treaty or tariff;
- In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
- To threaten, harass, abuse or intimidate others;
- To damage the name or reputation of TJR Networks, affiliates or suppliers;
- To break security on any computer network, or to access an account which does not belong to you;
- In a manner which interferes with other customers’ use and enjoyment of the services provided by TJR Networks.
Failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. TJR Networks may terminate any account without refund to the customer in the event of that customer’s breach of any of the terms or conditions contained herein. Delinquent accounts are those that remain unpaid at the beginning of their current billing cycle. Accounts that are unpaid for 10 days following the beginning of that cycle will be suspended. Those that remain unpaid for 30 days following the beginning of that cycle will be terminated (all account files will be purged). Cancellation requests for TJR Networks hosting accounts must be made 10 days prior to the beginning of the next billing cycle and will be verified prior to termination.
TJR Networks reserves sole discretion to determine whether any use of our services is a violation of the Terms.
Use of the TJR Networks’s service to transmit any material (by email, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. Subscribers accept that they will not use their accounts illegally. Reports to TJR Networks about misuse of our services will lead into an investigation and may result in temporary suspension or termination.
TJR Networks services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs that negatively impact other customers or the performance of TJR Networks systems or networks. TJR Networks reserves the right to terminate or limit such activities.
ALL SERVICES ARE 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 THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. TJR Networks is not responsible for files residing on the TJR Networks accounts. Subscribers are responsible for independent backup of all such data. TJR Networks cannot and does not exercise any control whatsoever over the information passing through its network or through the internet. TJR Networks is in no way responsible for any data loss or damage arising from viral infection from the internet. TJR Networks and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work, to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, TJR Networks internet services. TJR Networks will not be responsible for any damage suffered, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via using services provided by TJR Networks is at your sole risk. TJR Networks specifically disclaims any responsibility for the accuracy or quality of information obtained through our services.
As a user you are warned that some internet sites accessible via the TJR Networks allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. TJR Networks is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor the use of his/her account, especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian. TJR Networks network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless TJR Networks from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the TJR Networks must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account termination. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. TJR Networks and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall TJR Networks be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if TJR Networks has been informed of the possibility of such damages, or for any claim by any other party.
TJR Networks reserves the right to change its services without notice, including but not limited to, access procedures, hours of operation, menu structures, commands, documentation, and services offered. Customers are encouraged to review the current terms of service on a regular basis. Notice of changes will be given to subscribers via the TJR Networks website. Use of TJR Networks services after such notice shall constitute customer acceptance of such modifications. The customer understands that TJR Networks services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 12 hours duration.
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 subscribers obtain information through the internet, they must keep in mind that TJR Networks cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber 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 TJR Networks cannot monitor or censor the internet, and will not attempt to do so, TJR Networks cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal internet communications.
When subscribers disseminate information through the internet, they also must keep in mind that TJR Networks does not review, edit, censor, or take responsibility for any information its subscribers 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 TJR Networks’ network and may reach a large number of people, including both subscribers and non-subscribers, subscribers’ postings to the internet may affect other subscribers and may harm TJR Networks’s goodwill, business reputation and operations. For these reasons, subscribers violate the Terms if they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
1) Knowingly interfere with the lawful use by others of any service;
2) Modify, reverse engineer or, decompile, disassemble, or create derivative works based on software provided by TJR Networks or any TJR Networks service provider or supplier;
3) Use the TJR Networks name, logo or trademark in any promotional materials, contracts, bills, or similar names or documents, or in association with the customer’s products or services without the express written authorization of TJR Networks;
4) Use the services to invade the privacy of third parties, impersonate TJR Networks personnel or other TJR Networks customers or tend to damage the name or reputation of TJR Networks, its affiliates or agents;
5) Solicit TJR Networks customers to patronize competing services;
6) Cause or intentionally damage TJR Networks systems or other networks through TJR Networks systems or use any process, program, or tool via the services for the purposes of guessing, deriving or in any other way attempting to obtain the passwords of TJR Networks, its service providers or customers of TJR Networks or any other service provider;
7) 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 TJR Networks, but also because it can overload TJR Networks’ network and disrupt service to other TJR Networks subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, TJR Networks has the discretion to determine from all of the evidence whether the email recipients were from an “opt-in” email list;
8) Use the services to engage in the practice of hacking or any other unauthorized attempt to access or otherwise gain entry to the filter systems or network of TJR Networks, its customers, service providers or any other third party;
9) 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. TJR Networks is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also TJR Networks’s policy to terminate the privileges of customers who commit repeat violations of copyright laws;
10) Using TJR Networks’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. TJR Networks is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through TJR Networks’s network;
11) Using TJR Networks’ network as a means to transmit or post defamatory, harassing, abusive, or threatening language;
12) Forging or misrepresenting message headers, whether in whole or in part, to mask the origin of the message;
13) 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). This specifically includes any attempt to violate or tamper with the security of any computer, equipment or program belonging to TJR Networks or any other service provider participating with or connected to TJR Networks;
14) Distributing information regarding the creation of and sending internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, 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;
15) Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate the Terms, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software;
16) TJR Networks reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the Terms.
17) 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;
18) Engaging in activities, whether lawful or unlawful, that TJR Networks determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the subscriber. TJR Networks will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with TJR Networks policy or applicable law. However, when TJR Networks becomes aware of harmful activities, 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.
TJR Networks is concerned with the privacy of online communications and websites. 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, TJR Networks urges its subscribers to assume that all of their online communications are insecure. TJR Networks cannot take any responsibility for the security of information transmitted over TJR Networks’s facilities.
TJR Networks will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. TJR Networks may, however, monitor its services electronically to determine that its facilities are operating satisfactorily. Also, TJR Networks may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. TJR Networks assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, TJR Networks may disclose subscriber information or information transmitted over its network where necessary to protect TJR Networks and others from harm, or where such disclosure is necessary to the proper operation of the system.
TJR Networks expects that its subscribers who provide internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate the Terms. Finally, TJR Networks wishes to emphasize that in signing the customer agreement, subscribers indemnify TJR Networks for any violation of the customer agreement, law, or TJR Networks policy, that results in loss to TJR Networks or the bringing of any claim against TJR Networks by any third-party.
Last updated: 14/9/2008