Acceptable Use Policy
i.Ask Juan Networks LLC and its affiliates (collectively, "Ask Juan") have formulated this Acceptable Use Policy ("AUP") in order to encourage the responsible use of Ask Juan's networks, systems, services, web sites and products (collectively, the "Ask Juan Services") by our customers and other users of the Ask Juan Services (collectively, "Customer" or "Customers"), and to enable us to provide the Customer with secure, reliable and productive services. By using the Ask Juan Services, Customers consent to be bound by the terms of this AUP. Ask Juan reserves the right to modify this AUP in its discretion at any time. Such modifications will be effective when posted. Any use of the Ask Juan after such modification shall constitute acceptance of such modification.
If the Customer engages in any of the prohibited activities described below it may, at the sole discretion of Ask Juan and without notice to the Customer, result in the immediate (1) restriction, suspension or termination of the Customer's use of the Ask Juan Services, without compensation to the Customer, (2) blocking or filtering of the Customer's content, data or materials, (3) application of complaint processing fees, disconnection fees and additional service charges to the Customer's account, (4) deletion of the Customer's content, data or materials from Ask Juan servers, or (5) involvement of law enforcement agencies. Such activities may also result in civil or criminal liability. The foregoing applies notwithstanding any language or term to the contrary contained in any agreement that the Customer may have with Ask Juan.
Ask Juan Services may be used only for lawful purposes. Customers shall not use the Ask Juan Services in order to transmit, distribute or store material: (a) in violation of any applicable law or regulation, including export or encryption laws or regulations; (b) that may adversely affect the performance of Ask Juan Services or other Customers; or (c) that may expose Ask Juan to criminal or civil liability. Customers are prohibited from facilitating the violation of any part of this AUP or another provider's AUP, including, but not limited to transmitting, distributing, or otherwise making available any product or service that violates this AUP or another provider's AUP.
Customers shall not use Ask Juan Services to transmit, distribute or store material that is inappropriate, as reasonably determined by Ask Juan, or material that is obscene (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.
Customers shall not use the Ask Juan Services to transmit, distribute or store material that may be harmful to or interfere with the performance of Ask Juan Services or any third party's networks, systems, services, or web sites. Such prohibited harmful content includes, but is not limited to, viruses, worms, or Trojan horses.
Customers shall not use the Ask Juan Services to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Customers are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.
Customers shall not use the Ask Juan Services to transmit unsolicited e-mail messages, including, without limitation, unsolicited bulk email , where such emails could reasonably be expected to provoke complaints ("spam"). Further, Customers are prohibited from using the service of another provider to send spam to promote a site hosted on or connected to the Ask Juan Services. In addition, Customers shall not use the Ask Juan Services in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, "mailbombing", (e) send or receive e-mail messages in a manner that violates the use policies of any other Internet service provider, or (f) use an e-mail box exclusively as a storage space for data.
Customers are prohibited from violating or attempting to violate the security of the Ask Juan Services or the computers, accounts, or networks of another party. Customers are also prohibited from any activity considered a precursor to attempted security violations, including, but not limited to, any form of scanning, probing, or other testing or information gathering activity. Inappropriate activity may result in civil or criminal liability. Ask Juan will investigate such activity, and may involve and cooperate with law enforcement authorities in prosecuting Customers involved in such activity.
RESERVATION OF RIGHTS AND Ask Juan LIABILITY
Nothing in this Acceptable Use Policy shall be interpreted to limit Ask Juan's rights or remedies in any way with respect to any of the foregoing activities (including, without limitation, Ask Juan's rights or remedies under any agreement between Ask Juan and the Customer) and Ask Juan reserves all rights and remedies available to it with respect to such activities at law or in equity. Ask Juan does not assume liability to the Customer or any other party for failure to enforce the terms of this Acceptable Use Policy.
Last Updated: April 28, 2008