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Acceptable Use Policy 
The San Jose Web Acceptable Use Policy has been formulated with the following goals in mind:

• Ensure security, reliability and privacy of San Jose Web's systems and network, and the networks and systems of others
• Avoid situations that may cause San Jose Web to incur civil liability
• Maintain the image and reputation of San Jose Web as a responsible provider
• Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services
• Preserve the privacy and security of individual users

The Acceptable Use Policy below defines the actions that San Jose Web considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to San Jose Web customers. If you are unsure whether any contemplated use or action is permitted, please send mail to webmaster@sanjoseweb.com and we will assist you.

Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by San Jose Web, or connected by the San Jose Web network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement at http://www.ftc.gov .

Conditions of Use

San Jose Web services and all other services provided to the subscriber may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Annotated Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Contract to communicate, transmit, or promulgate in any matter, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use San Jose Web services for any illegal or unlawful purpose.

The customer is responsible for keeping his billing data with San Jose Web up-to-date and accurate. You can view your account information at our Customer Account area.

Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

Prior to your due date, San Jose Web sends an invoice via email or FAX to those customers who prefer to pay for their account by cash/check. However, all customers of San Jose Web are responsible for paying for their account when their account is due, whether or not they receive an invoice.

Customers can view their statements online in our Customer Account area. San Jose Web shall bill customers for services rendered at San Jose Web standard rates for such services as they are in effect from time to time. Payments not received by the due date may result in interruption of services.

A setup fee may be charged to the subscriber to reconnect services.

Returned checks will be charged a $25 fee.

San Jose Web will give customers advance notice of any change in San Jose Web service charges. Payment is due on the customer’s anniversary date.

Accounts on San Jose Web, and other services provided by our company, can be cancelled at any time by mail to the following location: P.O. Box 18296, San Jose, CA 95158. Please notify us of your request to cancel prior to the month in which you wish to cancel; otherwise you will be charged for an additional month. It shall be the responsibility of the subscriber to keep our company informed as to a valid forwarding address to which notice can be sent.

San Jose Web shall have the right to suspend service to the subscriber at any time, and for reasonable cause, without notice

In the event San Jose Web is required to engage the services of an attorney because of a breach by the subscriber of any of the terms herein contained, the subscriber agrees to pay all of our reasonable attorneys fees and court costs. Upon breach of this Contract, all of subscriber's rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Contract, or the breach of any applicable law or statute governing the use of the services provided, all subscriber fees shall be forfeited as liquidated damages to the Company.

The subscriber agrees that San Jose Web has the right to delete all data, files or other information that is stored in the subscriber's account if the subscriber's account with San Jose Web is terminated, for any reason, by either San Jose Web or the subscriber.

No refunds are offered. When you signup for a plan, the plan will stay in force until it has expired, unless you upgrade to a new plan where you account balance will be forwarded to your new account.

The subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the subscriber. The subscriber on any system account can use no more than one login session at any time unless specified in your plan. If the subscriber has multiple accounts, the subscriber is limited to one login session per system account at any time. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation

Any of the following breaches of policy can result in immediate termination of your account.

Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool).

Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. San Jose Web will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Harassment, whether through language, frequency, or message size is prohibited.

Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.

Customers are explicitly prohibited from sending unsolicited commercial email (UCE) also know as "junk mail" or "spam". This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.

San Jose Web electronically filters email to block UCE and possible viruses/worms. San Jose Web does not guarantee that all UCE or viruses/worms will be filtered or that legitimate email won't be filtered. A desciption of San Jose Webs current email filters is at http://www.sanjoseweb.com/forum/topic.asp?TOPIC_ID=6. You may opt out of this service by sending a request to postmaster@sanjoseweb.com.

Forging of header information is not permitted.

San Jose Web accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.

It is required to have an option for users to remove themselves from mailing lists.

Individual Accounts (Dialup Users Only)

San Jose Web defines unlimited access as follows: A customer is at their computer, interacting with the internet. There should be no programs running to keep the connection active; such as ICQ, Yahoo Messenger, AOL Instant Messenger, Chat Programs, Mail Programs, etc., while you are not physically at your computer. As long as this type of connection is made, then hours are unlimited.

San Jose Web dialup accounts are intended for use by an individual. Multiple logins are prohibited, except as allowed by your plan.

Password security is the responsibility of the individual user. Users are expected to keep their passwords private. Good passwords should be a minimum of six characters long and contain at least one number or symbol, and are not based on any dictionary word or common name. Customers may not share passwords or accounts with others. If San Jose Web finds a user to be logged on twice, we will immediately change the user’s password and notify them of the change.

The customer is also responsible to ensure that they are dialing the correct telephone number for their location. San Jose Web is not responsible for any long distance charges that may be incurred by the customer.

Interruptions in Service

San Jose Web is not liable for any errors or interruption in service, whether within or outside of the reasonable control of San Jose Web. Service may be temporarily unavailable for scheduled maintenance, either by San Jose Web or third party providers, or because of other causes. San Jose Web is not required to warn users before these upgrades. San Jose Web does not refund any money for downtime.

Customers are responsible for protecting their password(s) and for any authorized or unauthorized use made of customer password(s). Customers will not use or permit anyone to use San Jose Web services to guess passwords or access other systems or networks without authorization. San Jose Web will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. San Jose Web may change your password if we deem it necessary, with or without contacting the user first.

Customers are expected to be familiar with and to practice good Internet etiquette (Netiquette). Customers will comply with the rules appropriate to any network to which San Jose Web may provide access. Customers should not post, transmit, or permit Internet access to information they desire to keep confidential. Customers are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against San Jose Web by offended users. San Jose Web reserves the right to refuse or terminate service at any time. Customers will indemnify San Jose Web and hold San Jose Web harmless from any damage to the San Jose Web business, service, equipment, network, operations, or reputation resulting from customer actions including without limitation any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other sort.

Registration of a domain name confers no legal right to that name. Customers will indemnify San Jose Web and hold San Jose Web harmless from any claims associated with the use of customer domain names. When a customer decides to discontinue service with San Jose Web, the customer will be responsible for arranging for a new name service immediately.

Use of San Jose Web services is granted at customers’ own risk. San Jose Web makes no warranty, expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. San Jose Web shall not be liable for any loss or other damage, including but without limitation special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. San Jose Web has no control whatsoever and shall not be responsible to you for the content of any third party material passing through any network, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.

These Terms of Service shall be enforced in accordance with the laws of the State of California. Any notice pursuant to this agreement shall be in writing and shall be deemed given when actually received or, if earlier, three days after deposit into the United States Mail. Notice given by electronic mail shall be deemed received one (1) business day after it is posted to the recipient’s E-mail address. The parties shall submit any dispute relating to the subject matter of this agreement to binding arbitration pursuant to the commercial rules of the American Arbitration Association. The parties surrender and waive the right to submit any arbitrary dispute to a court or jury, or to appeal to a higher court. There shall be no arbitration of any claim that would otherwise be barred by a statute of limitations if the claim were to be brought in court. The arbitrator(s) shall not have the power to award punitive, consequential, indirect, or special damages. The arbitrator shall have the power to awards costs and reasonable attorney feed to the prevailing party.

Breach of the attached Terms and Conditions shall constitute breach of this Contract authorizing the Company to immediately terminate the subscriber's internet services with San Jose Web; forfeit all paid subscriber fees and pursue such other legal remedies as are herein provided. The Company reserves the right to amend the Terms and Conditions from time to time and any such amendments shall become effective upon promulgation. Subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the Terms and Conditions, to terminate the Contract, (upon written notice by certified mail) and receive a refund of any subscriber fees attributable to any period of time subsequent to the effective date of any such amendments to the Terms and Conditions.