This is a contract, please read it carefully. During the term of its agreement with The James Company (“TJC"), Customers must ensure that the use of any resource offered to Customer or owned or controlled by TJC ("Service")
conforms with TJC's then current Acceptable Use Policy ("AUP"). Customers using any services offered by TJC consent to be bound by and must comply with all policies in this AUP. At the sole discretion of TJC, any violators of this AUP may have their services canceled without refund and/or, if deemed appropriate, be legally prosecuted. TJC may modify, without prior notice, the AUP as TJC deems appropriate; such modified AUP is effective upon posting on TJC's Web site. By accessing TJC services, you agree to be bound by the terms of this Agreement. You also agree to be bound by any change in these terms which may be published via TJC services while you are a user of TJC services. If you do not want to be bound by the terms of this Agreement, or by any subsequent changes to these terms, please contact TJC immediately so that we may close your account.

1. Interpretation
The provisions of this Policy are intended as guidelines and not meant to be exhaustive. In general, any conduct that violates any laws, regulations, or any of the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. TJC reserves the exclusive right at any and all times to prohibit activities that any in way damage its commercial reputation and goodwill.

2. System and Network Security
You agree to comply with the AUP or any networks accessed by you through TJC. TJC reserves the right to refuse service to anyone. TJC further reserves the right to deny access to, or close, any account(s) which, in TJC's sole opinion, is (are) causing, or may cause, harm to the TJC system, servers or network, or to any other systems. TJC will make reasonable effort to notify any user of TJC action, but is not bound by this Agreement to do so.
Customer is responsible for protecting passwords and for any authorized or unauthorized use.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.
We do not allow clients to install their own chat rooms, without approving it with the TJC Support Team. Most chat rooms tend to utilize large system resources and we cannot allow it as an account option.
Additionally, the following activities strictly prohibited:
• Tampering with other accounts, or committing unauthorized intrusions into any part of TJC or related systems, or use of any servers, files, accounts, or networks to intrude without authorization into any other system or systems is strictly prohibited.
• Using accounts not provided or intended for use by Customer, or circumventing security provisions in order to access services without incurring charges or otherwise obtain unauthorized access
• Using the system in a manner that unfairly encumbers disk space, processors or other system resources beyond those provided as part of the service or services purchased.
• Making deliberate attempts to interfere with a service, overload a service or attempt to disable a host, as in deliberate transmission of computer viruses, worms or Trojan software or denial of service.
• Programs used to emulate a TCP/IP connection from within a shell account are prohibited.

3. E-Mail
You agree that you will not send bulk mail to more than one hundred (100) users, nor unsolicited commercial mail to multiple recipients, nor use your TJC account or web pages as a return address for unsolicited commercial mail originated elsewhere. Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from bulk email list. Customer must include the source of the addressee's address in each bulk email message.
Additionally, the following activities are strictly prohibited:
• Sending commercial e-mail to a recipient if recipient has requested that Customer discontinue such communication.
• Transmitting e-mail that is harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful to non-consenting recipients.
• Forging e-mail header information in any way.
• Using a Customer’s account, or network connection, to collect e-mail replies of messages sent from any other provider that violates the rules of this Policy or those of the originating provider.
• Sending unsolicited e-mail messages (“Spamming”), including, without limitation: news postings or chain letters; advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate sending SPAM; use of web pages that allow “spamming” (known as “ghost sites”) that directly or indirectly refers to domains or IP addresses hosted by TJC; commercial advertising and informational announcements, is (are) explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site.
• Allowing email to be sent through Customer’s system by a third party (i.e. neither to nor from Customer or Customer’s accounts).
• Using a false identity; using pyramid/ponzi scheme; storage or transmission of any intentionally incorrect data or packet.
TJC reserves the sole right to block, without notice, any e-mail messages to their customers that, at their own discretion, are consider unsolicited e-mail (SPAM).

4. Content
All services shall be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any and all applicable federal, provincial and municipal laws is prohibited. This includes, but is not limited to: copyrighted material, material judged to be defamatory, threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold TJC and all associated brands and employees harmless from any claims resulting from the use of the service, which damages the subscriber or any other party. Customer is responsible for all content or information residing on, or obtained or transmitted via, the Service, regardless of whether such use is by Customer. Customer agrees to provide appropriate protection to prevent minors (persons under 18 years of age) from accessing any unsuitable material that Customer publishes via any Service. Note: Sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet are prohibited. Links to such materials are also prohibited. TJC will be the sole arbiter as to what constitutes a violation of this provision.
Additionally, the following content is strictly prohibited:
• Pirated software
• Hackers’ programs or archives
• Warez sites
• IRC Bots
• Mp3 files
• Child pornography
• Obscene, abusive, defamatory or threatening speech or material
• Any activity infringing on the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets and patents.

5. Policy Enforcement and Abuse Reporting
When TJC becomes aware of any alleged violation of this AUP, TJC will immediately initiate an investigation. TJC, may at its own discretion anytime during an investigation, restrict a Customer's access in order to prevent any further possible unauthorized activity. Depending on the severity of the violation, TJC may, at its sole discretion, restrict, suspend, or terminate a Customer's account and/or pursue other legal remedies. If such violation is a criminal offense, TJC will promptly notify the appropriate law enforcement department of such violation. Violation of the AUP may subject Customer to international, federal, and/or state civil and/or criminal liability. TJC will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. Administrative intervention required due to abuse of any of the policies in the Agreement will be billed to the user at $100 per hour. In the event system abuse results in an impact on TJC services to other customers, TJC may, at it’s option, immediately suspend service to the abuser customer. In the event abuse of any type is reported to TJC by any public or governmental agency, or TJC discovers abuse that is non-immediately-impacting to TJC services to other customers, TJC will notify abuser customers, and abuser customer will have 24 hours from notification to cease abusive activities. In the event abusive activities do not cease within 24 hours, or if abusive activities are repeated again in the future, TJC will immediately suspend abuser customers’ services. In no event will abuser customer be entitled to a refund of any sums paid for services not received due to suspension for abusive activities.
Any party seeking to report any violations of this policy may send an e-mail to tami@thejamescompany.com.

6. Limitation of Liability and Indemnity
You agree that TJC will not be liable to you, beyond the refund of your current term's charges, for any direct, indirect, consequential, special or punitive damage(s) or loss(es) whatsoever you may incur in connection with the use of the TJC system or any of the data or other material transmitted through or residing on the TJC system, even if TJC has been advised of the possibility of such damage or loss. This includes, but is not limited to, loss of data or any other loss whatsoever resulting from delays, non-deliveries, mis-deliveries, or service interruptions of any nature whatsoever. In addition, you agree to defend and indemnify TJC and hold TJC harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you or any use by you of TJC services which leads wholly or partially to claims against TJC or the TJC system by you, by another customer or by any other person or entity. Without limiting the generality of the above paragraph, you further acknowledge and agree that TJC exercises no control whatsoever over the content of the information passing through its Internet connection. TJC makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it is providing. TJC disclaims any warranty of merchantability or fitness for any particular purpose. Use of any information or data obtained via TJC is at your own risk. TJC bears no responsibility for the accuracy or quality of information obtained through its services.