JTAN Product and Service Terms and
Conditions including Acceptable Use
Policy
This document contains JTAN sales
policies, terms, and conditions, including acceptable use. It
constitutes an agreement between JTAN and JTAN's customers (Customer or Client) and
specifies rights and responsibilities for both of these parties. Use of JTAN
product or service constitutes acceptance of these Terms and Conditions.
Charges and Pricing
JTAN charges fees for Products and Internet services as described on the
JTAN price list. Should some other JTAN web
page show a differing price, the price list
will take precedence. Prices are subject to change without notice.
For internet service accounts, JTAN may charge other fees beyond the
basic account fee that include but are not limited to data transfer
fees, storage fees, password reissue fees, administrative service fees, and fees for
damage incurred by network attack. These fees are described in the JTAN
price list.
Payments and Billing
For a new customer payment is due immediately in guaranteed funds with
the sale. We do not offer credit or payment terms to new accounts.
Established JTAN customers can have net 15 terms. Periodic and one time
payments from established JTAN internet service customer accounts are
due 15 days after the invoice date specified on the JTAN Customer's Members web page. Invoicing for
these payments may be by email or post, but payment is still due 15 days
after the invoice date even if the customer has not received the email
or postal invoice.
Late amounts owed may be subject to late fees as given in the price list, plus interest accrued at 1.5% per
month, or the highest allowed by law, whichever is less. Current
pricing for late fees and other penalties can be reviewed on the JTAN price list. Accounts unpaid 15 days after payment
due date may have their service interrupted. Such interruption does not
relieve the Client from the obligation to pay the charges due nor is it
considered an outage. There is a fee for re-establishing service after
an interruption. See the price list for
details. Setup fees or security deposits may not be offered by Client
for use in lieu of any other payments due.
If a Client's check or charge is returned by the bank as not redeemable,
the Client will be deemed to be in default, and will be liable for a
"returned check", "declined charge", or "chargeback" fee. Pricing for
these events is subject to change. Current pricing can be reviewed on
the JTAN price list.
Payments can be paid with cash, bitcoin, check, or Money order, or bank wire. We
accept credit cards and other online credit card equivalents (PayPal)
cautiously. Customers in the USA may pay with a
credit card owned by Customer that can be billed with normal and usual
fees with a billing address that matches exactly with the customer's
mailing address. PayPal payments must be verified and confirmed. Always
provide a shipping address with PayPal payments.
Customers outside the USA may not use a
credit card until after they are specifically approved for credit card
payment at the discretion of JTAN. International PayPal payments must be
verified. All payments must be in US funds.
Bank wire fees at both ends are paid by the customer. Bad check
payments and declined credit cards incur a "declined payment fee" as
described on the JTAN price list.
Refunds
All sales with JTAN are final. JTAN normally does not refund
fees to a Customer. However we make an exception if we should fail in our duty to
provide you the product or services we promised. Should we fail to
deliver something as promised, let us know how we are failing. After
you have notified us of the problem, if we don't make it right in a
reasonable amount of time, we can decide to issue a refund in lieu of
fixing the problem. We will give you a 100% full refund
within 30 days of the sale. Beyond 30 days, if we decide to refund
a fee, refunds are prorated. No refunds are ever granted in cases where
the Customer has violated this agreement.
In cases where JTAN grants a user a refund upon terminating a service
contract, JTAN will deduct any setup fees and pro-rate the refund based
on the charges associated with the service pricing for the user's type
of service that has the longest term still less than the user's actual
duration of service. If all offered pricing terms are longer than the
actual duration of service, then the shortest term contract for that
type of service will be used for calculating the refund.
Refundable Setup Fee: In the case of dedicated server rented with
"refundable setup fee", the setup fee is refundable under certain
conditions. Setup fees may not be refunded at any time if Client has
violated any of the terms of this agreement. Setup fees may not be
refunded at any time if any Client payments have been overdue. Setup
fees may not be refunded if the software or OS on host are damaged or
otherwise altered to prevent fully normal operation of Host. Any setup
fees provided by the client are not refundable under any circumstances
except under one of the following conditions stated in the remainder of
this paragraph. Setup fees may be refundable only when Client gives
proper written notice to JTAN of termination after the initial term of
their written service agreement, or 1 year, whichever is longer.
General Terms and Conditions
We try to offer generally useful products and services, and we hope you
remain our customer because of it, but we do not claim that our products
or services are suitable for any specific purpose. So if you
think you can run some particular application or utility on a JTAN
account, you had better check on that yourself before signing up. We
will not give you a refund if it turns out that your favorite utility
won't run on our systems, or your motherboard doesn't fit in our 2UX2
cases. When in doubt, ask first.
We have no control over how patterns of bits offend people or break
computers in unexpected ways. Worse than that, there are many truly
evil and malicious people on the Net. You take total responsibility for
what you see, read, download, or otherwise encounter through the use of
JTAN's products and services. The Internet can be a dangerous place.
You have been warned.
Disclaimer of Warranties -- In no event shall JTAN or its sales
agents, or any company affiliated with either, or any employee or agent
of any such company be liable for incidental or consequential damages of
any kind, including but not limited to, loss of revenue or profits or
any other business damage whether resulting from breach of contract,
loss of data resulting from delays, non-deliveries, mis-deliveries, or
service interruptions caused by JTAN negligence or the Clients errors or
omissions. JTAN makes no warranties of any kind, whether expressed or
implied, for the service or product it is providing.
Limitation of Liability --
ANY LIABILITY OF JTAN, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR
DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT
OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE
AMOUNT PAID BY OR ON BEHALF OF THE CLIENT TO JTAN PRORATED FOR PAST
USAGE AND DEPRECIATION.
Severability --
Should any provision of this agreement be held to be illegal, invalid,
or unenforceable by a court of law, the legality, validity and
enforceability of the remaining provisions of this agreement shall
remain unaffected thereby unless otherwise stated.
Entirety --
This agreement
represents the entire agreement between the Customer and JTAN.
These Terms and Conditions supersede all previous representations,
understandings or agreements and shall prevail notwithstanding any
variance with terms and conditions of any order submitted.
Notices -- Any and all notices required or permitted to be given
hereunder shall be
in writing and shall be deemed to have been given when deposited in
Certified Mail, postage prepaid, or alternatively, transmitted
electronically by e-mail with a valid and widely known public key
signature of authenticity, or transmitted by the customer to JTAN
through the JTAN Members page as a Service Order.
Applicable Law --
This agreement shall be governed by the laws of the state of
Wyoming.
Disputes
We will try to resolve all disputes as best we can. Please
contact us with any problems or concerns you may have.
Dialup Internet Access
There are several policy items that are specific to dialup internet
access offered by JTAN and LineX Communications. These limitations do
not apply to email, shell/ftp logins, or any other aspect of your
account. It only pertains to dialin access using modems or ISDN.
- The modems utilized by JTAN to provide the Services are
engineered for speeds up to 56k flex connectivity. However, JTAN
cannot guarantee a 56k connection if telephone company facilities or
your modem are unable to support this connection speed.
- JTAN shall not be responsible for any long distance charges
incurred while using its Internet Service. Each customer is responsible
for choosing a dial-up number that is designated as a local call. If a
local number is not available, or if the customer chooses an incorrect
number that is not designated as a local call, JTAN shall in no
event be liable for any long distance charges billed to the customer.
- With respect to dial-up accounts, JTAN's usernames are limited to
one dial-in at a time. Multiple concurrent dial-ins using the same
username are not permitted. Users of bonded ISDN and other
multi-line-access systems must contact JTAN and arange for special
configuration and billing before attempting bonded, multi-line
connections. Abuse and violation of the rules may result in termination
without refund.
- If you have not purchased dedicated services, you are not permitted
to use your dial-up account to continually connect to the Internet for
web/ftp/mail or other services. Unlimited accounts are not dedicated
accounts and do not provide for fixed connectivity of unlimited
duration. JTAN reserves the right to disconnect users who are
idle or have been connected for an exorbitant amount of time
approximately in excess of 150 hours per month (75 hours bonded ISDN),
the general industry
standard for determining abuse, or an excessive use per day exceeding a
normal work day). JTAN has implemented an abuse prevention
program and has the discretion to apply network management techniques,
idle timers, maximum concurrent connect timers, and other management
tools to monitor and disconnect any user who abuses the policy and
remains connected for excessive periods through implementing improper
techniques or otherwise violating JTAN's policies. These
parameters may be changed at any time at JTAN's discretion. If
you require a dedicated connection, you should notify JTAN, which
may offer a dedicated connection in your area.
- You are not permitted to resell or redistribute the Internet
connection to other parties.
Dedicated Servers
A physical computer server machine, herein referred to as "HOST", either
rented from JTAN or owned by the JTAN customer (Client) and colocated at
JTAN facilities or colocated at other facilities under JTAN control, is
subject to all applicable terms and conditions stated herein. Violation
of those terms will result in termination of this agreement and possible
damages charged to the Client.
HOST will have access to a network with a peak data rate of 100Megabits
a second. Average data throughput will be lower. Througput depends on
network routing and traffic conditions that are beyond our control. We
do not guarantee any minimum data rate. In addition to the basic fee described for the operation of
HOST at the JTAN facility connected to this network, JTAN may charge a
fee for total data transfer between HOST and any other host inside or
outside the JTAN network. Refer to our
pricelist
for details on pricing.
Password: Client may set the initial password of Host through the
JTAN members page. Client agrees to reveal to JTAN the root or admin
password of HOST should Client change it directly. Client also agrees
to grant to JTAN access to HOST under emergency circumstances. Example
of such emergency circumstances would include, but would not be limited
to, compromise of HOST by "crackers" or malfunction of HOST.
Backup: Unless otherwise arranged, no backup service is provided.
Client assumes full responsibility for preserving and protecting data on
HOST.
Damage: JTAN does not monitor and will not guarantee the uptime
of any specific software, data load, performance or safety and security
on HOST. JTAN is not responsible to Customer in any way for damage to
software or data on HOST for any reasons, including, but not limited to,
attacks by "hackers", hardware failure, or by accidental deletion by
Client. JTAN disclaims warranties and limits liability as described
herein. Under any circumstance, JTAN is only responsible for damages to
the HOST hardware. If one of the components in HOST should become
inoperative, JTAN will replace it with an equivalent component, or
replace the entire machine free of charge, and within a reasonable
time. Client must keep HOST up to date with all relevant security patches
distributed by the operating system vendor. Should the lack of a
security patch on host allow it to be attacked by network "hackers," and
if as a direct result of this attack systems or networks owned by JTAN
are disrupted, then client may be liable for damages as described
herein.
Administrative Support can be provided for HOST by JTAN.
Administrative support includes but is not limited to: installing or
upgrading third party applications or operating system or software;
installing security patches, restoring damaged areas; recovering from
DOS attacks or intrusions, general programming of applications, or
writing shell or perl scripts to execute various tasks on HOST. Reboots
are free. No other administrative support is free. Support hours are
billed at the current administrative support rate. Pricing for
administrative support.is subject to change. Current pricing can be
reviewed on the JTAN pricelist.
Administrative support is scheduled during normal US business hours by
JTAN on a first come, first served basis. Client will pay a premium fee
for emergency administrative support, which was done immediately, or
outside of normal JTAN business hours, at request of Client, however
JTAN does not guarantee the availability of emergency administrative
support at any time.
Domain Registration
If you register domains through JTAN you should be aware of
your rights
and responsibilities as a registrant. You
agree to be bound by the JTAN
Domain Registration Agreement associated with the TLD you are
registering.
In addition, UK registrations are bound by the Nominet Terms and
Conditions found here.
In addition, you are also bound by the
latest Uniform Dispute Resolution Policy (UDRP) established by ICANN.
The latest UDRP is available at ICANN.
A recent copy of it is posted
here at JTAN.
When domains are transferred to JTAN, we will add one year to your
expiration date, whatever it is. Depending on your billing preferences,
we will charge you a fee every month or every year on the anniversary
of the transfer and automatically renew your domain in future years
as required. No cash credit is ever given nor are fees prorated for
the prior value of a domain renewal date.
When transferring a domain to the JTAN registrar, our initial fee for
the transfer is non-refundable, even if the transfer fails and the
domain is found to be non-transferrable. There are many reasons a
transfer might fail. We will work with you and the releasing registrar
to a reasonable extent facilitating the transfer, and we will resubmit
the transfer request to the releasing registrar at least 3 times. If
after 30 days, or three attempts, the transfer cannot be made, we will
abandon the domain as non-transferrable. An additional fee will be
required if you want us to try again.
JTAN has set fees for domain registration. In the case that you
register or transfer a domain whose registry charges more than the
JTAN fee, your account will be adjusted to a higher fee level.
Although that adjustment may not happen immediately, you will be
notified when you first register the domain that the adjustment is
forthcoming. If you pay monthly for your domain and decide to
cancel or transfer it away from JTAN at any time before JTAN has
recuperated its registry costs, you will be liable for the
difference before the domain can be transfered.
Email Delivery and Spam Filtering
Our mail system is tough on Unsolicited Commercial Email (UCE or spam).
We reject mail from unknown domains. We do not permit relay through our
hosts. We also maintain a blacklist and AI filter that rejects the vast
majority of spam. Some of this is done automatically for our users
without them asking. Mail is generally very reliable, but because we
filter spam and dangerous messages, outages do occasionall occur, we do
not guarantee email delivery, either outgoing or incoming.
Users of the JTAN mail system unconditionally accept JTAN's right to
configure anti-spam measures. We do not guarantee either that we will
delete all spam, or that all legit mail will be delivered. The default
user configuration rejects little spam. But it may occasionally reject
legitimate mail that appears to be spam.
Free Trials and Partial Terms
Accounts are offered for specific terms at specific prices.
Partial year or monthly payment is not available for ProShell accounts.
There are no free trials.
Administrative Support
We try to be helpful, but we cannot be responsible for the configuration
and operation of your PC. We also are not responsible for the
configuration and operation of other hosts on the Internet beyond our
ownership and control. In addition, JTAN does not maintain, support,
explain, or fix third party software installed by users either in their
JTAN accounts, or on their own personal computers. Please depend on the
individual or organization who wrote or sold you your software for
support.
We will answer specific JTAN related questions by email for free, but we
only do hands-on work if we are paid to do it. If a significant change
is made to the registration of an account (e.g. main username, main
domain, owner, etc..) we also charge an administrative support fee for
the change. Refer to our price list for
support pricing, or contact us for a quote
Policy Changes
We try to run an open system with users involved in policy changes, but
JTAN reserves the right to change policies as it sees fit without
notice. Check back here often.
That said, you can rest assured that major policy shifts will be announced
on our news page.
Privacy
JTAN reserves the option to validate the offered identity, email,
network, and postal address of all current users and customers applying
for accounts. One reason we need to do this in to be sure we can contact
you in case of a problem. We also do this in order to establish your
credit worthiness, particularly if Credit Card or PayPal payment is
offered. Both of these payment systems rely on identity verification to
avoid fraud. If you are concerned about revealing your identity to us,
don't! We offer anonymous signup. You will not be able to use use Credit
Cards or PayPal, but you can still pay us with cash, or cash equivalent
(Money Order, bitcoin, Bank Wire, physical currency). The payment methods we
accept are described here.
All personal and network information we do acquire is kept strictly
confidential. We do not and will not sell your information to marketers
or any other third party. Then again, although we make reasonable
efforts to keep your information secret, we cannot provide an absolute
guarantee. We cooperate with law enforcement; we comply with the laws
of the United States and of the state of Wyoming, as well as
the laws of other countries to the extent that they do not conflict with
our primary obligations to the USA and our own ethical standards.
Although JTAN adminstrators respect your privacy, your email, files, and
browsing habits may be seen by them. Your use of our systems and
network implies consent to be monitored by JTAN administrators. We
encourage and facilitate the use of anonymity and strong cryptography by
users that desire privacy.
See our privacy policy for details.
Anonymous Accounts
JTAN offers accounts and services without requiring you tell us your
name or physical address. Regardless of the fact that you attempt to remain
anonymous, all JTAN account Terms and Conditions remain in effect.
In addition, Payment for anonymous accounts must be cash, or cash
equivalent. Money Order, US Currency, Bitcoin, and Bank Wire are
acceptable. The payment methods we accept are described here. Credit Cards or
PayPal may NOT be used as payment for anonymous accounts. This is
because both Credit Cards and PayPal require address verification.
Cash refunds are never issued to anonymous users for any reason
whatsoever.
Unless the anonymous user has a PGP key or cert signed by us, there is
no way to re-issue a lost jtan-members-password to an anonymous user.
For this reason, we recommend that anonymous users download a JTAN cert,
or get their PGP key signed immediately. If you lose your password, you
lose your account. No refunds are issued for lost passwords. No exceptions.
None. Never.
JTAN provides anonymous accounts for good people to go about their lives
without being logged and tagged. We let you reach the parts of the net
that you want to legitimately reach without fear of abuse. Although we
cannot guarantee your privacy, we certainly can lend reasonable
assistance to your attempts to shield yourself from scrutiny and logging
to the extent permitted by law.
With freedom comes responsibility. Understand that
JTAN is providing privacy services to allow good people the freedom to
protect their privacy, not to allow bad people escape responsibility for
their actions. JTAN has never, nor will JTAN ever sell our customer's
private information to marketers or other companies. However, in the
case of crime and network abuse, we enthusiastically cooperate with law
enforcement and other ISP's in efforts to track down and punish evil
doers. Your anonymous account at JTAN will not shield you if you break
the law or conduct abusive activities in violation of JTAN AUP or
network etiquitte.
Users that elect to remain anonymous for the purpose of doing evil may
have been misled by Plato. Specifically
The story of the Ring of Gyges in the Republic.
"That those who practice it [justice], practice it constrained
by want of power to act unjustly, we might better perceive if we do the
following in thought : granting each one of them both, the just and the
unjust, license to do as he wishes, let us then follow them closely to
observe whither his desire will lead each. We should
then catch the just man in the act of following the same path as the
unjust
man on account of the advantage that every nature is led by its very
nature
to pursue as good, being diverted only by force of law toward the esteem
of the equal. The license I am talking about would be supremely such if
they were given the very same power as is said to have been given in the
past to the ancestor of Gyges the Lydian.
For he was a shepherd laboring for the then ruler of Lydia and some
part of the earth was shattered by a violent thunderstorm developing
along
with an earthquake and a chasm appeared at the place where he was
pasturing.
Seeing this and wondering, he went down and the fable says that he saw,
among other wonders, a hollow bronze horse having openings, through
which, peeping in, he saw that there was a corpse inside, as it seemed,
greater
than is usual for men, and wearing nothing else but a golden ring at his
hand, that he took off before leaving. When time came for the shepherds
to hold their customary assembly in order to prepare their monthly
report
to the king about the state of the flocks, he came too, wearing this
ring.
While he was sitting with the others, it chanced that he moved the
collet
of the ring around toward himself into the inside of his hand ; having
done
this, he disappeared from the sight of those who were sitting beside
him,
and they discussed of him as of someone who had left. And he wondered
and
once again feeling for the ring, he turned the collet outwards and, by
turning it, reappeared. Reflecting upon this, he put the ring to the
test
to see if it indeed had such power, and he came to this conclusion that,
by turning the collet inwards, he became invisible, outwards, visible.
Having perceived this, he at once managed for himself to become one of
the envoys to the king ; upon arrival, having seduced his wife, with her
help, he laid a hand on the king, murdered him and took hold of the
leadership."
(Republic,
II, 359b-360b)
A better choice of reading material would be a text on game theory. When we
all agree not to be evil, and we act that way, even when nobody is
looking, we all end up better off.
That said, it is also true that a desire for privacy in someone is
not sufficient reason to conclude that person desires to do evil. Many
good people appreciate an environment where they aren't constantly
logged and tagged and target marketed. JTAN provides such an environment.
Outages
We are typically up 24 hours/day and have UPS and standby generator
power backups, but JTAN system administration reserves the right to
reboot any system at any time. Our network is not guaranteed to be
available at any given time or for any given duration.
While JTAN maintains a high reliability network, JTAN does not
guarantee uninterrupted electric power or network connectivity to or
from JTAN. However, Client may terminate this agreement because of
outages in a manner described under the section titled Termination.
"Outage" means the inability of the JTAN to communicate or access ANY
other Internet host outside of JTAN via IP protocol. The inability of
JTAN to communicate with one specific host outside of JTAN is not
considered an outage. Service disruptions during scheduled JTAN
maintenance periods or caused by equipment or facilities not controlled
by JTAN are excluded. Denial of Service Attacks and other attacks by
"hackers" are not considered outages. Customers will receive 24 hour
notice of scheduled maintenance on the JTAN news page.
Backup
Every JTAN machine, including those processing email, and those with
JTAN hosting accounts (ProWeb and ProShell), are backed up to tape EVERY
DAY, with the backup begining roughly 0700 UTC. Tapes for previous
backups are stored offsite in a fireproof safe. Our backup is
36 tapes -- approximately 5 weeks deep.
Restores from backup are free if the cause of the deleted or lost files
was a result of JTAN administrative
activity or JTAN hardware failure. If a customer
accidentally deletes a file or otherwise wants a file restored,
there is a fee for each restore attempt. Attempt is the key word.
There is no refund of this fee, even if we fail in our attempt
to restore the file --
even if it was our fault that we failed.
Each restore attempt incurs another fee. We will try as many times as
you want. The fee is given in the JTAN
pricelist .
Although we do daily
backup with offsite storage, and we reasonably attempt to make sure our
backup system works properly, we do NOT guarantee this in any way. We
have never lost one byte of customer data, but should this happen
someday, we disclaim all liability for incidental and consequential
damages, and for the value of the data lost, as is stated elsewhere
herein. If a customer wants a guarantee on backup, then they need
to talk to us about what that means. Typically, they need to declare
the value of their data and based on that we can quote them a price for
insurance.
We may drop some files from some users with high disk usage from our
backup if we need space on the tape. We may not notify you that you are
dropped. We encourage you to keep
backups of your directories at some other site. We offer a CD-ROM
recorder service that can be useful for this purpose. We can sometimes
restore user files from our regular backups. There is a service charge
to restore a file that the user deleted himself. Turnaround time on
restores is typically 48 hours. Refer to our price
list for service pricing.
Rights to Service
JTAN may refuse to grant any and all levels of access to this
system by any individual or group for any reason whatsoever, as
permitted by law.
Lost Passwords
Users who have lost their passwords can get a new password for free only
if they have a PGP or GPG key signed by JTAN. Without a key, users must
re-apply and pay a lost password fee. Note that
having a weak password, account sharing, or otherwise compromising
security will result in you paying the fee to have your account
restored, should we decide to allow you to remain a member.
Acceptible Use
We really don't want to get involved in judging the content of
web sites, or email, or files. However, we want to be good, law-abiding
citizens of our city, state, country and of the Internet. Therefore, we
need to draw a line and may in some cases restrict the content of data
passing through or stored on our systems or network.
We do not allow data or any activities that are
- Illegal
- Abusive
- Promoted by illegal or abusive practices
- Encourage illegal or abusive practices
In general, we take no interest in user content that abides by these
restrictions, but if we receive a complaint about a user for
any reason, we will ask the user to resolve the complaint
themselves. If we receive multiple complaints and the user is not
willing to resolve the complaints, we may shut down the account till a
resolution is reached. Such a shut down is not an outage. No refunds
are issued for accounts terminated because of complaints.
Thus, JTAN normally exercises no control whatsoever over the content of
the information passing through JTAN, or the use or operation of
Customer accounts, subject to the following specific restrictions:
- When using a credit card, PayPal, or other payment service that
requires verification, the Customer must be the person he or she claims
to be. False names, stolen or otherwise, are absolutely not permitted.
Customer agrees to address verification when paying with these services.
- The JTAN Members Password or cryptographic key signed by JTAN are
the only two forms of identity verification we generally accept from
customers. JTAN reserves the right to demand such proof of identity at
any time and the customer agrees to provide such proof upon such demand.
JTAN has the right to decline any offered proof of identity should JTAN
feel that it has been compromised or stolen.
- The Client agrees not to use the JTAN network or JTAN computers to
violate the security of any computer network, transfer or store illegal
material, or violate copyrights.
- The content of a Customer's account, including its software,
programs, scripts, graphic images, or other content, remain the property
of the Customer. JTAN assumes no responsibility for any software,
scripts, graphic images or any other content of the Customer residing on
any JTAN host or network. The Client agrees to assume all
responsibility for the content and use of their account.
- All services provided by JTAN may be used for lawful purposes only.
Transmission or storage of any information, data or material in
violation of any United States Federal, State or municipal law is
prohibited. JTAN customers are also expected to make a reasonable
effort to respect the laws of other countries to the extent that those
laws do not conflict with US law and generally accepted ethical
standards. This includes, but is not limited to: copyrighted material,
material legally judged to be threatening or obscene, material
restricted by US or international export laws, controlled substances, or
material protected by trade secret or other statute.
- The Customer agrees to indemnify and hold harmless JTAN from any claims
resulting from the use of JTAN networks which damages the Customer or
any other parties.
- Customer may not monopolize or overload network resources in the
JTAN network. Should the activities of customer be the cause of
degraded operation in the JTAN network, customer must discontinue those
activities. In the absence of cooperation by customer to eliminate
these activities, JTAN may terminate this agreement, or take other
action including but not limited to deleting or moving customer data,
throttling or rerouting traffic as required to restore proper operation
of the JTAN network. Such actions by JTAN do not constitute and outage.
- Customer may not use their JTAN account for abusive or disruptive
purposes. "Spamming", or the sending of unsolicited email or news posts, from
any JTAN account or using an email domain that is maintained on JTAN for
spam purposes is strictly prohibited. A Customer web site or service
may not be promoted by email or Usenet spam. JTAN will be the sole
arbiter as to what constitutes a violation of this provision.
- Customer offered services may not be promoted through the Internet
in ways contrary to commonly accepted "net etiquette." This promotion
includes, but is not limited to, posting to inappropriate newsgroups,
inappropriate mailing lists and spamming, as described above.
- JTAN Accounts may not be resold or transferred to third parties
without the written consent of JTAN.
By violating any of the above acceptable use provisions the Client is in
violation of this agreement and JTAN may terminate the agreement as
described below under "Termination".
Termination of Service Accounts
The duration of service shall be as specified when the account is
established. Such period shall begin on the date initial payment is
received and shall automatically renew for successive periods equal in
length to the initial duration until terminated as set forth herein or until
notice of non-renewal by either party is delivered to the other
party at least 30 days prior to the end of the then current period.
JTAN may terminate service upon default of Client's payment or other
obligations under this agreement. Customer may terminate service with
no liability for payments and portions thereof not yet due if there is
more than 48 hours of outage in any given calendar month period.
Outages during scheduled JTAN maintenance periods or caused by equipment
or facilities not controlled by JTAN are excluded. Denial of Service
Attacks are not considered outages. Customers will receive 24 hour notice
of scheduled maintenance.
No refunds are issued if the account is terminated for violation of this
agreement.
We will terminate an account on request by a parent or guardian to
terminate a user's access, if the user is under 18 years of age.
The Customer agrees that JTAN has the right to suspend or terminate
account access by customer or by Internet when necessary for JTAN to
examine or remedy possible violations of this agreement, or for
nonpayment of fees. Such suspension of access is not an Outage.
Digital Millennium Copyright Act Policy
This policy is intended to implement the procedures set forth in 17 U.S.C. Section 512 and the Digital Millennium Copyright Act ("DMCA") for the reporting of alleged copyright infringement. It is the policy of JTAN to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of JTAN's computing system are required to respect the legal protections provided by applicable copyright law.
Please see the Chilling Effects website for more information on the DMCA.
The Designated Agent to receive notification of alleged infringement under the DMCA is:
JTAN Corporate Offices, Inq
The following elements must be included in your copyright infringement notice:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit riseup.net to locate the material.
- Information reasonably sufficient to permit riseup.net to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing of the DCMA notification.
It is expected that all users of any part of JTAN's systems will comply with applicable copyright laws. However, if JTAN receives proper notification of claimed copyright infringement it will respond expeditiously by removing, or disabling access to, any material that is identified as infringing or to be the subject of infringing activity. JTAN will comply with the appropriate provisions of the DMCA in the event a counter notification is received.
Under appropriate circumstances, JTAN may, at its discretion, terminate authorization of users of its system or network who are repeat infringers.
It is JTAN's policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works.
IRC Bots and Background Processes
Customers running IRC related services either on a JTAN shared server or
on a dedicated machine at JTAN should be keenly aware of their damage liability as well as their other
responsibilities for compliance with acceptable use stated herein.
On shared JTAN machines, we don't like to impose limits on our ProShell
or ProWeb users, but in the case of dedicated background processes,
including, but not limited to Chat Servers, MUD's, or IRC "bots", we
make an exception. We ask that permanent background processes be
limited to occupying no more than 5 Megs of RAM (10 Megs for ProWeb) and
5% of the CPU time. Two typical eggdrop bots easily fit in this amount
of RAM (RealChat uses around 4-7 Megs), and if properly configured will
occupy much less than 1% of the CPU. If you need to run more, you need
to buy more accounts or run smaller bots. No, we don't have a
suggestion for a smaller bot, but if someone writes one, we will post
that information here. There is no volume discount on bots.
Users are responsible for everything they run at all times. If
something goes nuts and uses up all available RAM or Disk, we will kill
it mercilessly. Please monitor your stuff.
We can provide pointers to eggdrop or chat software, but a user must set
up and administer his own account. If you need help, please turn to
many of the resources available on the net, but we recommend against
trusting strangers with your password to "help" you set up things on
your account.
JTAN does not tolerate abuse of any kind from our domain. We take our
reputation very seriously, and complaints from IRC networks or chat
participants will be investigated, and if the conclusion is that abuse
has taken place, appropriate action will be taken.
On the flip side of that, if you run a Bot or chat system and your
system is attacked, you will be liable to us and to our other customers
for any disruption this causes. In some cases, this may result in you
being assessed cash damages.
IRC networks are independent organizations, and as such have their own
rules regarding behavior. These can usually be found on said network's
Charter, AUP, or the MOTD when you connect. It is your responsibility to
read, understand and follow those rules. If you find yourself unable to
follow those rules, simply find another network more to your liking.
The policies regarding bots differ not only from network to network, but
from server to server on the individual networks. It is your
responsibility to make sure that bots are welcome on the server you wish
to run it on, and follow any registration procedure in place. Well
behaved bots from JTAN are always welcome on cookie.sorcery.net:9000,
and may hang in #eggdrop if they wish.
Blacklists on chat servers, K:lines, Akills and G:lines (network bans)
are set by the individual networks for many different reasons and
possibly for no reason at all. Please do not ask us if a certain
network has set a network ban on us, rather, you should ask an
administrator at that network. JTAN makes no guarantees as to your
ability to connect to the IRC network of your choice, however we will
always endeavor to work with said network should a ban be
placed.
Customer Liability for Damage and Disruption
Customers must keep software they install up to date with all relevant
security patches distributed by the software author or vendor. Should
the lack of a security patch allow it to be attacked by network
"hackers," and if as a direct result of this attack systems or networks
owned by JTAN are disrupted, then customer may be liable for damages as
described in the last paragraph of this section.
Customers must inform JTAN should their site become linked by a very
popular site (the so called "SlashDot Effect") and thereby will require
substantially more resources than it previously required. Notice must
be received no later than 4 hours after the time the link becomes live.
Should a customer not inform JTAN in this timely manner that their site
will require a sudden increase in resources because of a link to a
popular site, and if as a direct result of this sudden unexpected
demand, systems or networks owned by JTAN are disrupted, then customer
may be liable for damages as described in the last paragraph of this
section.
Other than as stated herein under the section titled Acceptable Use and with regard to technical limits on CPU
time, RAM usage, data transfer, disk space, and other account provisions, JTAN does
not restrict the kind of software or applications run on JTAN accounts;
however; certain IRC related applications are known to be conducive to
network attacks. This software includes, but is not limited to IRC
servers (ircd), IRC "bots", IRC "bouncers" or other network servers and
applications that are IRC and network "chat" related. If Customer running
such software is attacked by network "hackers," and if as a direct
result of this attack systems or networks owned by JTAN are disrupted or
damaged, then client may be liable for damages as described in the last
paragraph of this section.
Customer will compensate JTAN for the disruption of services that may
occur as a result of network attack or other disruption as described above. At a minimum,
compensation will be the greater of twice the actual cash damages
incurred by JTAN, or the current "service disruption fee" for each
system, leased line, or network, operated by JTAN, whether for JTAN's
exclusive use or for any JTAN Customer. In addition, if as a result of
this disruption other JTAN customers demand direct compensation for
damages incurred, Customer will compensate each of those other
customers. The compensation to those customers shall be the greater of
twice the actual cash damages incurred by each particular customer, the
current "service disruption fee" for each system, leased line, or
network, that affects each particular customer. Compensation for
damages are due under terms described under the section titled Billing. Pricing for service disruption.is subject to
change. Current pricing can be reviewed on the JTAN price list or by writing to JTAN and requesting
the current JTAN pricing sheet. Payment for service disruption is due
under terms described in Billing.
IP Addresses
Customer will be provided with IP addresses as required, subject to the
restrictions and fees imposed by JTAN and the IP numbering authorities
of the Internet. IP Address availability is beyond JTAN control and is
subject to InterNIC/ARIN approval and policy in effect at the time the
IP addresses are requested.
Small numbers of IP addresses (1 to 16 host subnets) in reasonable
quantities for justifiable purposes as judged by JTAN are available from
the pool controlled by JTAN. Pricing for IP addresses is subject to
change. Current pricing can be reviewed on the JTAN price list.
Termination of service will result in JTAN pool IP addresses assigned to
Client to revert back to JTAN. Non-use of JTAN IP addresses by Client
will result in those IP addresses reverting to JTAN.
Service Limits, Disk Space, and the word "Unlimited"
Accounts described as having "no fixed limits" may have various limits
imposed at any time without warning.
Unlimited means "no limits imposed by JTAN". It does NOT
mean there are no limits. Similarly, just because a limit is set does
not mean that any use within that limit is OK.
Normal reasonable use is OK. We often don't want to say where the limit
is because we really don't know where it is ourselves at any given time.
This is particularly significant with regard to disk space. Typically
we run with several Gigs free on all our machines, so even if you
normally used only 50 bytes, you could probably dump 5 Gigs on us
without warning without us getting too upset. Note that we don't
guarantee that we have 5 Gigs for you use at your whim either.
And we certainly don't guarantee it will get backed up. So if you need
room for a Terabyte, you need to talk to us first. You need to explain
what you are trying to do and give us time to adapt, or quote you a
price for the guaranteed service you need.
Similarly, if you set up 50 POP accounts, that is fine -- so is 51 -- so
is 151. We don't necessarily impose a limit. Does that mean you can
irresponsibly set up 1,000,000 POP accounts with an automated script? I
suppose it does, but we would terminate your account for monopolizing
resources. We trust people to act responsibly. If you act
irresponsibly, we don't want your business. If you have a large number
of POP accounts to set up (like several hundred), you probably want to
talk to us first.
On the other hand, we are fairly strict with permanent process CPU and
RAM usage limits. These relate to IRC bots and were discuss in detail above.
So, if you are in doubt, ask. We love questions. If you need a
guarantee for a certain number of bytes, or POP accounts, or FTP
accounts, or IP addresses, ask us and we will send you a written quote
for an account that meets your exact needs.
We're VERY reasonable, and have never had a problem with this policy.
Many of our customers come to us because we don't impose
arbitrary limits. We trust you. Please don't take advantage of our
trust. Share the systems with other people fairly.
Special Licence Restrictions for Non Human Visitors
Special restrictions on a visitor's license to access this site apply to
non-human visitors. "Non-human visitors" include, but are not limited
to, web spiders, bots, indexers, robots, crawlers, or harvesters. Such
non-human visitors are restricted from taxing the resources of this
website or any service it provides beyond what would be typical of a
human visitor.
Because of their potential for abuse, in consideration for access to the
site, non-human visitors are required to read and observe the
industry-standard restrictions as set forth in the robots.txt file
included at the root level of every domain governed by this agreement.
The restrictions provided for in this file shall be considered an
addendum to this agreement when applicable to non-human visitors. The
robots.txt file specifies restrictions to the directories non-human
visitors may access. Non-human visitors accessing directories beyond
what is allowed by the robots.txt file is recognized by the parties to
this agreement as trespass and expressly prohibited.
Furthermore, as specified by the "no-email-collection" flag in the
header of every web page and the robots.txt file, email addresses on
this site are considered proprietary intellectual property of JTAN.
It is recognized that these email addresses are
provided for human visitors alone, and have value in part because they
are only accessable to said human visitors. Intentional collection,
harvesting, gathering, or otherwise storing email addresses by non-human
visitors is recognized under this agreement as theft or diminution of
value of JTAN's intellectual property and expressly prohibited.
The following email address, like all others on this site, is
proprietary intellectual property of JTAN and may not be harvested by
non-human visitors:
Other Policies
- We promise to do our reasonable best to fulfill service orders
as fast as we can, but we can't promise "instant" service. Also,
although for the most part every service request is important to us, we
tend to work considerably slower when the account is in default,
arrears, or typically slow to pay bills. A classic situation is a
customer that hasn't paid his bill for three months past the due date,
suddenly pays and expects the account to be restored instantly. This
simply won't happen. While we welcome the returning business, our
resources are limited. We stay busy helping our best customers and
generally set support priorties highest for customers
that pay their bill on time.
Even if
something is automated, it may take time. This is often the case with
email and DNS related changes. Also, anything involving money or a
password probably involves a human -- and you know how they are.
- Webtrafix accounts have strict disk quotas. If you fill up your
account, and can't "un-fill" it. We can clean it out for you, but there
is now a service fee for this. Please, if you really need more disk space, make
arrangements with us to upgrade your account.
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