If you subscribe to JNET Filtering and Monitoring Services, the following terms apply, in addition to the general terms of service and any other terms applicable.
Internet Filtering and Monitoring Services (JNET)
1. For the purposes of this section, the JNET refers to the suite of internet filtering services offered by Skywire, and when used to refer to an organization, any Skywire owned or affiliated entity providing such services.
3. Use of The JNET Software by Children. Children under the age of 13 must have consent of parent(s) or legal guardian to use The JNET Software and/or The JNET Accountability Reports. All Accountability Partners of children under the age of 13 must have consent of parent(s) or legal guardian to act as Accountability Partners.
4. Acknowledgement of User to use and pay for services; payment schedule. You, as the User of The JNET Software, agree that you are 18 years old or older and are the owner of all computers and mobile digital devices, or have been authorized by the owner of all said devices, on which The JNET Software is to be installed. Because other people may use said devices, it is incumbent upon you, the User, to ensure that all other Users of said devices have read and agree to this User-Privacy agreement. You also agree to pay a monthly or annual recurring fee for the services of The JNET Software, to be billed in advance, before the beginning of the service period. Credit cards will be charged in advance of the service, typically 5 to 7 days before the beginning of the next period of service. The JNET will provide a statement by e-mail to the e-mail address provided in the signup procedure detailing charges that have been made. In the event of termination by you, the User, charges already processed will not be refunded.
5. Cancellation of service; identification of User. Service may be cancelled at any time by you, the User, for any reason or no reason at all upon notice to The JNET. Uninstalling The JNET Software does not constitute cancellation of service. In order to cancel, you must call the Customer Support team. The JNET reserves the right to cancel service for breach of this contract. Moreover, The JNET, at any time, without advance notice, with or without cause, at its sole discretion, reserves the right to refuse, cancel, and/or discontinue service to any individual or organization. Failure on the part of you, the User, to provide payment for the service of The JNET will result in termination of service by The JNET, and until proper Uninstall procedures (provided by The JNET) are followed, may result in an inability to access the Internet by computers owned and/or operated by User (for the purposes of this agreement, “computer(s)” includes all cell phone devices and/or Personal Digital Devices). In the event The JNET receives a request to verify any username or password, to cancel any account, or to receive the uninstall code, such will be provided upon our judgment (and solely upon our judgment) that the Account Administrator or other authorized person is the person making such request; it is your responsibility to ensure the security and accuracy of all identification information on your account (including your verification question and its subsequent answer) in this regard.
6. Refund policy. From the date of first service, users who cancel within the first 30 days of service will, upon request, be refunded the entire amount billed during that first 30 days. Beyond the first 30 days of service, in the event of termination by you, the User, charges already processed will not be refunded once the term of service has begun. Only the User or the person whose name is on the account’s credit card can have requests for refunds honored. Any member creating accounts with the intention of bypassing accountability shall forfeit any right for a refund.
7. Privacy; use of information provided to The JNET. The JNET is committed to protecting your privacy concerning any information collected under the terms of your agreement(s). In acknowledging your agreement with this policy, you as the User have agreed to allow The JNET to monitor and/or filter your use of the Internet at your own computer. Certain levels of internet filtering provided by the JNET require you to assign a person or group of people that will monitor your Internet usage, called Accountability Partners. If you subscribe to such a service, You, the User, agree that your Internet use may be monitored and reported to you and/or your Accountability Partners; monitored Internet use includes, among other things, web browsing, newsgroups, FTP, IP addresses, times of use, and may also include recording and reporting of additional The JNET accounts owned by you which may have different Accountability Partners. If one or more Accountability Partners are deleted, or if the account is canceled, Accountability Partners may be provided with a then-current report of activity up to the time of deletion or cancellation. In turn, The JNET promises that any information collected will only be provided to you or your Accountability Partner(s) as per this agreement, except upon specific request by you or your active Accountability Partner(s), and limited to the purposes of said request. Except as noted above, and in paragraph 15, use by The JNET will be expressly limited to internal use only for the purposes of database management or systems operations; in the event that The JNET uses any data collected for such internal purposes, no such data will be preserved in any format that is associated with your name or account. Accountability data is kept for 30 days, after which it is permanently and irretrievably deleted from our databases. After deletion, the data cannot be recovered by The JNET. If a permanent record is desired, it is incumbent upon members and/or Accountability Partners either to make an electronic copy or hard copy of detailed logs or other data. Information which will be retained securely and indefinitely by The JNET includes names, usernames, passwords, billing information (including credit card), demographics (including IP addresses), and other account information. The JNET will never share any information gathered under this contract with any third party unless requested by you, the User, or unless required to do so by a court of law; this information includes all information regarding your Internet use, demographic data, your personal address/phone/e-mail information, your credit card information, or any other information gathered under the terms of this agreement. In the event that you sign up for The JNET Software through any organization which is affiliated with The JNET (including The JNET affiliates, strategic partners, resellers, or licensees), you agree to any/all of the said organization’s User/Privacy Agreement(s), which may include the release of your personal contact information to said organization(s). In the event that the person signing up for The JNET Software is different from the person, persons, and/or organization responsible for payment of the credit card used on the account, it is understood that the phrases “you,” “your,” and/or “you, the User” shall include the person, persons, and/or organization responsible for payment of the credit card used on the account.
8. Restriction against re-selling license to use The JNET Software. You, as the User, agree not to purchase and then resell The JNET Software, nor include the JNET Software as any package which you otherwise sell or market, without express written consent of The JNET.
9. Voluntary provision of information and agreement to disclose; protection of password. You, as the User, are voluntarily providing The JNET with certain information and with permission to monitor and record use of the Internet at your computer. You, as the User, agree that all users of your computer and User ID will be informed that monitoring/recording is being made, and that in so being informed, other users will not have their privacy invaded. You should recognize the value of your User ID, and that casually allowing others to use your ID can lead to inappropriately ascribing Internet use to your own account; and you, the User, agree that The JNET is not responsible for maintaining the privacy of the User ID information either of you or your Accountability Partners (see also paragraph 5).
10. Agreement to comply with laws and restrictions on harmful transmissions. You, as the User, agree that you will comply with all applicable laws regarding Internet use, both now and in the future as laws are generated which may affect use of the Internet. You also agree not to attempt to pursue in any way any transmission of information to The JNET servers or other equipment which could be harmful to its database or other functions. The transmission of any material in violation of any state or United States regulations is expressly prohibited, and will result in immediate termination of use.
11. No warranty or guarantee of service. The JNET makes no warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruption however caused. The JNET does not guarantee continuous or uninterrupted monitoring of Internet use. Routine maintenance and periodic system repairs, upgrades and reconfigurations, public emergency or necessity, force majeure, restrictions imposed by law, acts of God, labor disputes and other situations, including mechanical or electronic breakdowns may result in temporary impairment or interruption of service. Every effort will be made to perform routine maintenance between 3 a.m. and 8 a.m. (EST).
12. Limitations on security of e-mail transmissions. The security of any/all e-mail messages sent by The JNET cannot be guaranteed on the Internet as information can be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The JNET does not accept liability for any errors, omissions or viruses in the contents of e-mail correspondence sent to you or your Accountability Partner which arise as a result of e-mail transmission.
13. Data provided not to be construed as interpretation of the data. Reports and other data provided by The JNET to you, the User, or to your Accountability Partners consist of data without interpretation. The analysis of sites provided by The JNET proprietary rating procedures and algorithms is, in itself, data corresponding to results of those procedures and algorithms. Similarly, the summaries of reports, which The JNET refers to as the “Quick Look,” are also data corresponding to a proprietary procedure and algorithm, and are not, nor are they intended to be, an interpretation of any data. The statements “Report Looks Good,” “Review Suggested,” and “Close Review Recommended” are summaries of data collected and given in the report, are based wholly on the data of individual sites in the report, and do not indicate a pattern of behavior or intent on the part of the User. It is entirely up to you as the User and to your Accountability Partners to interpret the data (including the Quick Look) in terms of the actual content of any particular site or sites, the appropriateness for the User viewing those sites, or any motivation or pattern of viewing by the User.
14. Disclosure as to accuracy of rating. Owing to the ever-changing nature of the Internet, no rating system and/or filter application will perform without error 100% of the time. The JNET does not accept liability and makes no warranties, express or implied, including, but not limited to, incorrect ratings, which may also result in incorrect blocking and/or allowing websites when the filter is in use, whether the rating is claimed to be too high or too low, of any/all website source code, websites, website domains, website URLs, website titles, and electronic transmissions through any/all Internet protocols. The JNET strives for perfection in its Dynamic Scoring Filter and Accountability Software applications. Occasionally, but rarely, a website may be rated incorrectly. If you believe a website is rated incorrectly, you may request a rating change. The JNET reserves the right to accept or deny any/all rating change requests. Final judgment on the rating of any particular website will remain at the sole discretion of The JNET.
15. Rating Change Request constitutes request to view report. When a rating change request or request by phone, e-mail, or other means for assistance in understanding an Accountability Report is submitted by the User and/or other members on this account and/or an Accountability Partner, said request constitutes permission by you, the User, to allow The JNET to view said member report for the purpose of analysis. The said request itself shall be retained by The JNET indefinitely, but the associated report will not be retained, in compliance with paragraph #5 above; however, any portions of reports included in e-mail correspondence between the member or Accountability Partner and The JNET will be retained by The JNET for the purposes of documenting the correspondence. The JNET will not make interpretations of data provided in reports.
16. Indemnification, limit of liability. You shall indemnify The JNET, its shareholders, affiliates, officers, directors, licensees and licensers from any and all claims and expenses, including, without limitation, attorney’s fees arising from any cause. Furthermore, liability of The JNET shall in any case be limited to and shall not exceed the total amount of monies paid by you, the User, to The JNET for use of the The JNET Software. The parties agree that any dispute arising from this agreement shall have as its venue Brooklyn, NY, wherein are located the offices of The JNET.
17. Amendments to this agreement. This Agreement may be amended from time to time by The JNET without notification to users; such amendments may be made either by changes in this Agreement on the Skywire Telecom website, or by e-mail.
18. JNET SSL Services.
1. The following terms apply to the JNET SSL Filtering Services
2. With SSL filtering, the filter examines your SSL-encrypted communications. This means that the filter has access to data which may be sensitive and/or of highly personal nature. This includes, but is not limited to, data from financial institutions, credit card transactions, passwords, merchant accounts, and other accounts. After examination, the information is re-encrypted, and sent to your browser. This patch allows your browser to accept the data, after it has been examined by the filter.
3. Jnet is committed to safeguarding your sensitive information. The filter system does not retain any of the information it examines, and the data is not available to anyone. The systems are hardened, and protected from hacking. However, it is impossible to anticipate all possible circumstances.
4. You additionally agree to appoint Skywire Telecom, the JNET and its affiliates as an authorized agent to access any such websites and perform the filtering services on those websites. You agree that it is your sole responsibility to determine whether using the JNET SSL filter would comply with the website’s terms of services, and you agree to only use the JNET SSL filter for lawful purposes.
5. By requesting SSL filtering, and installing the software, you agree that you have read and understood the above information. You agree to indemnify and hold harmless Skywire Telecom, the JNET and its affiliates, for any damages, costs, liabilities, and attorney’s fees we may incur from any claim arising from your use of these services. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. SKYWIRE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES) (COLLECTIVELY THE “SKYWIRE PARTIES”), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, COMPATIBILITY OF SOFTWARE PROGRAMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. ALSO, THERE IS NO WARRANTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. NO ADVICE OR INFORMATION GIVEN BY SKYWIRE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY WITH RESPECT TO ADVICE PROVIDED. IN NO EVENT SHALL THE SKYWIRE PARTIES OR SKYWIRE THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE, LOSS OF PROGRAMS OR INFORMATION OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, OR RELIANCE ON OR PERFORMANCE OF THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF SKYWIRE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.