Legal
This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Information on this Website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. JDC Barnes may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
JDC Barnes does not want to receive confidential or proprietary information from you through our Website. Please note that any information or material sent to JDC Barnes through this means will be deemed NOT to be confidential. By sending JDC Barnes any information or material through a Website, you grant JDC Barnes an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that JDC Barnes is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Global availability Information JDC Barnes publishes on the World Wide Web may contain references or cross references to JDC Barnes products, programs and services that are not announced or available in your country. Such references do not imply that JDC Barnes intends to announce such products, programs or services in your country. Consult with JDC Barnes, Inc for information regarding the products, programs and services which may be available to you.
Business relationships
JDC Barnes makes no representations whatsoever about any other Website which you may access through this one. When you access a non-JDC Barnes Website, please understand that it is independent from JDC Barnes, and that JDC Barnes has no control over the content on that Website. In addition, a link to a non-JDC Barnes Website does not mean that JDC Barnes endorses or accepts any responsibility for the content, or the use, of such Website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
IN NO EVENT WILL JDC Barnes BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS Website, OR ON ANY OTHER HYPER LINKED Website, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Acceptable Use Policy As an Internet Business Solutions Provider ("IBSP"), JDC Barnes offers its subscribers the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. JDC Barnes also wants its subscribers to be fully informed of their rights and obligations -- and those of JDC Barnes -- in connection with their use of the Internet. This Network Access Policy is intended as a plain English guide to those rights and obligations.
The fundamental fact about the Internet is that no one -- neither JDC Barnes, nor anyone else -- owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that JDC Barnes cannot monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because JDC Barnes cannot monitor and censor the Internet, and will not attempt to do so, JDC Barnes cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable or offensive Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that JDC Barnes does not review, edit, censor or take responsibility for any information its subscribers may create. This places on subscribers what will be, for most, an unfamiliar responsibility. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information they create is carried over JDC Barnes facilities and may reach a large number of people, including both subscribers and non-subscribers of JDC Barnes, subscribers' postings to the Internet may affect other subscribers and may harm JDC Barnes' goodwill, business reputation and operations. For these reasons, subscribers violate JDC Barnes policy and the Services Agreement when they, their affiliates or subsidiaries engage in the following activities:
Spamming -- Unsolicited, commercial mass e-mailing (known as "spamming") is a strongly disfavored practice among Internet users and service providers. It is particularly harmful not only because of its negative impact on consumer attitudes toward JDC Barnes, but also because it can overload JDC Barnes' equipment and disrupt service to JDC Barnes subscribers.
Copyright Violation -- Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer, and can involve the IBSP in litigation and possible loss of reputation.
Distribution and/or Transmission of Obscene or Indecent Speech or Materials -- Violation of indecency and obscenity laws can result in criminal penalties. Defamation -- Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the IBSP whose facilities were used to distribute the defamatory material.
Illegal/Unauthorized Access to Other Computers or Networks -- The illegal or unauthorized accessing (often known as "hacking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states.
Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities -- Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law.
Export Control Violations -- The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States.
Other Activities, whether lawful or unlawful, that JDC Barnes determines to be harmful to its subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. JDC Barnes will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with JDC Barnes policy or applicable law. When JDC Barnes becomes aware of harmful communications, however, it may take any of a variety of actions. JDC Barnes may remove information that violates its policies, implement screening software designed to block offending transmissions, or take any other action it deems appropriate, including termination of a subscriber's contract with JDC Barnes.
JDC Barnes also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching JDC Barnes' facilities from those subscribers may have been originated by customers of those subscribers or other third parties. JDC Barnes does not require its subscribers who offer Internet services to monitor or censor transmissions created by customers of its subscribers. At the same time, subscribers who knowingly transmit materials that violate law or JDC Barnes policy are, themselves, in violation of JDC Barnes policy. Similarly, JDC Barnes anticipates that subscribers who offer Internet services will cooperate with JDC Barnes in any corrective action that JDC Barnes deems necessary, in order to correct and prevent the transmission of material that is harmful to JDC Barnes or its subscribers. Failure to cooperate with such corrective and preventive measures is a violation of JDC Barnes policy.
JDC Barnes also is concerned with the privacy of on-line communications. In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, JDC Barnes urges its subscribers to assume that all of their on-line communications are insecure.
JDC Barnes can not take any responsibility for the security of communications transmitted over JDC Barnes' facilities. JDC Barnes will comply fully, however, with all applicable laws concerning the privacy of its subscribers' on-line communications. In particular, JDC Barnes will not intentionally monitor or disclose any private electronic mail messages sent or received by its subscribers unless required to do so by law. JDC Barnes may, however, monitor its service electronically to determine that its facilities are operating satisfactorily.
Also, JDC Barnes may be required to disclose information transmitted through its facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, JDC Barnes may disclose information transmitted over its facilities where necessary to protect JDC Barnes and its subscribers from harm, or where such disclosure is necessary to the proper operation of the system.
JDC Barnes expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate JDC Barnes policy. Finally, JDC Barnes wishes to emphasize that in signing the Services Agreement, subscribers indemnify JDC Barnes for any violation of the subscriber of the Services Agreement, or of law or JDC Barnes policy, that results in loss to JDC Barnes or the bringing of any claim against JDC Barnes. This means that if JDC Barnes is sued because of activities of the subscriber that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the subscriber will pay any damages awarded against JDC Barnes, plus costs and reasonable attorneys' fees.
Personal information
In general, you can visit JDC Barnes on the Web without telling us who you are or revealing any information about yourself. There are times, however, when we may need information from you, such as your name and address. We will always let you know beforehand that we are attempting to collect personal information from you on the Internet.
If you choose to give us personal information that we or our business partners may need, to correspond with you or provide you with a subscription, for example, it is our intent to let you know how we will use such information. If you tell us that you do not wish to have this information used as a basis for further contact with you, we will respect your wishes. We do keep track of the domains from which people visit us. We analyze this data for trends and statistics, and then we discard it.
Business relationships
The JDC Barnes site contains links to other Websites. JDC Barnes is not responsible for the privacy practices or the content of such Websites.
Cookies
A "cookie" is an element of data that a Website can send to your browser, which is then stored on your system. Some JDC Barnes pages use cookies so that we can better serve you when you return to our site. You can set your browser to notify you when you receive a cookie, giving you the option of deciding whether or not to accept it.
We hope this Policy Statement is helpful in clarifying the obligations of Internet users as responsible members of the Internet.