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-
- JuniorNet ChildrenÆs Service
-
- Terms of Service
-
- The JuniorNet Terms of Service is provided below. You may review or
- print any section of the Terms of Service or the two appendices that are
- a part of the Terms of Service - The JuniorNet KidsÆ Code and the
- Privacy Policy. You may also review or print the Terms of Service in its
- entirety. These Terms of Service, which may be modified from time to
- time, can also be found at www.juniornet.com.
-
- TABLE OF CONTENTS
-
- 1. Welcome!
- 2. Introduction to the Service
- 3. How to use JuniorNet
- a. System Requirements
- b. Installation, Registration and Technical Support
- c. Selection of Screen Names
- d. Adult Controls
- The Account Manager
- The www.juniornet.com web site
- 4. Billing Policies
- a. Automatic Billing
- b. Fees
- c. Payment Choices
- d. Billing Security
- e. Checking Your Bill Online
- 5. Safety
- a. Online Safety
- b. Email Access Options
- Level 1: Totally Restricted
- Level 2: Restricted Correspondence
- 6. Rules Regarding the Community Area
- 7. The JuniorNet KidsÆ Code
- 8. Privacy Policy
- 9. JuniorNet Software License
- 10. Restrictions on Downloading, Printing or Copying of Proprietary Information ***
- 11. Export Controls
- 12. Termination
- 13. Additional Disclaimer of Warranties
- 14. Limitation of Liability
- 15. Indemnification
- 16. Applicable Law
- 17. JuniorNetÆs Remedies for Breach of these Terms of Service
- 18. Miscellaneous
-
- APPENDIX A - JUNIORNET KIDSÆ CODE
- 1. Be safe
- 2. Be kind to others
- 3. DonÆt litter on JuniorNet
- 4. DonÆt take anything that isnÆt yours
- 5. Send only stuff that you create
- 6. You give JuniorNet the right to use anything posted on the Service ***
- 7. DonÆt ask other kids to join or buy anything
- 8. Your posts may not appear
- 9. The most important rule of all: Have fun on JuniorNet!
- Note: Kids who break the rules may be asked to stay out of JuniorNet
-
- APPENDIX B - PRIVACY POLICY
- 1. Information About the Account
- 2. Individual ChildrenÆs Information
- 3. Safeguards Against Posting Personal Information
- 4. Gathering Information in the Aggregate
- 5. Secure Technology and Restrictions on Employee Access
- 6. Changes to Personal Information and Email Controls
- 7. Changes to this Privacy Policy
-
-
- JuniorNet ChildrenÆs Service
-
- Terms of Service
-
- Please read these Terms of Service carefully before using or allowing
- your child or children to use the JuniorNet ChildrenÆs Service (the "Service").
- By using and allowing your children to use the Service, you are assenting to
- these Terms of Service. You and the children under your supervision
- (hereinafter referred to as "your children," whether or not you are their parent,
- or legal guardian or teacher or institution acting with permission of the
- parent or legal guardian) cannot become members of the Service until you
- accept these Terms of Service. If you do not agree with these Terms of
- Service, please do not click the "Accept" button and do not use the Service.
-
-
- 1. Welcome!
-
- Welcome to the JuniorNet ChildrenÆs Service (the "Service"), brought to
- you by JuniorNet Corporation ("JuniorNet"). The document which follows
- (the "Terms of Service") is a legal document that details your and your
- childrenÆs rights and obligations as Service members. These Terms of
- Service are designed to ensure that all of our users have a positive, safe
- and enjoyable experience while using the Service. The parent, guardian or
- other responsible adult or institution who installs and sets up the service (the
- "Master Account Holder"), should review the Terms of Service carefully, and
- then should review the JuniorNet KidsÆ Code with the children who will be
- using the Service. By completing the registration process and entering
- personal information about a child, such as name, address and age, you
- are acknowledging that you are the parent or legal guardian of the children
- listed on your account. If you are not the parent or legal guardian of the child
- but are a teacher or institution, you can register for the Service but you must
- be acting with the express permission of the parent or legal guardian of the
- child. By completing the registration process, you are also acknowledging
- that you are accepting a non-exclusive, non-assignable right and license to
- use the Service, thereby indicating your agreement to be bound by these
- Terms of Service as such terms may be modified from time to time by
- JuniorNet. JuniorNet reserves the right to change these Terms of Service at
- any time. If JuniorNet makes material changes or revisions to the Terms of
- Service, we will provide 14 days advance notice to you through prominent
- disclosure in the Account Manager Area (see Section 3 (d)),
- the www.juniornet.com web site, by email to the Master Account Holder, or by
- pop-up screen.
-
- These Terms of Service govern your use and your children's use of the
- Service and all other services which JuniorNet may provide to you and your
- children in connection with the Service. JuniorNet shall not be liable to you
- for any breach of these Terms of Service by another user. The Terms of
- Service will be prominently displayed during the installation and registration
- process and will be available through the Service in the InformationBooth as
- well as on the JuniorNet web site at www.juniornet.com. JuniorNet advises
- that you check one of these areas from time to time before using the Service
- to determine whether the Terms of Service has been modified. If you do not
- agree to the changes in the Terms of Service as they may occur, please
- arrange to terminate your registration with the Service immediately by
- (i) notifying JuniorNet of your unwillingness to accept the changes to the
- Terms of Service and canceling your JuniorNet account by contacting
- Customer Service at 1-800-JUNIORNET; and by (ii) discontinuing both your
- and your childrenÆs use of the Service. Your continued membership to or
- use of the Service will signify your acceptance of any change in the Terms
- of Service.
-
- JuniorNet may, from time to time, have special events or content available
- on the Service which will be subject to additional terms pertaining to such
- content or events. In addition, special terms may apply to the use of the
- Service outside the United States. All such additional terms are referred to
- hereafter as "Additional Terms". These Additional Terms may be placed
- on the Service. You understand and agree that such Additional Terms are
- hereby incorporated by reference into these Terms of Service and that you
- and your children will abide by such terms.
-
- JuniorNet is committed to the safe enjoyment of the Service by all
- participants. These Terms of Service contain many provisions that address
- safety, appropriate conduct, privacy and special aspects of the Service.
-
-
- 2. Introduction to the Service
-
- JuniorNet is an online service specifically designed for children. Using
- hybrid CD-ROM/online technology to create a bounded environment and to
- minimize delays, JuniorNet provides children with an interactive learning
- experience full of content from top brand names in children's publishing and
- family entertainment. The Service is sold on a monthly membership basis
- and is free of advertising. Adults who are Master Account Holders are
- welcome to look around and are encouraged to explore the Service, but only
- while accompanying their children. It is a violation of these Terms of Service
- to impersonate a child on the JuniorNet ChildrenÆs Service. JuniorNet
- requires that initial registration be completed by an individual who is 18 years
- of age or older. The Service is supported by a companion web site for adults
- at www.juniornet.com. Neither the JuniorNet web site, nor any other web site,
- is accessible from the Service. The www.juniornet.com web site may contain
- advertisements and online commerce areas that are not directed at children.
-
-
- 3. How to Use JuniorNet
-
- a) System Requirements
-
- JuniorNet is designed to run optimally on computers which meet the
- following minimum system requirements:
-
- PC Compatible
- Operating System - Windows 95 or 98
- Processor - 133 mHz Pentium or better
- Random-Access Memory (RAM) - 32 MB or better
- Hard Drive Space - at least 60 MB available
- CD-ROM Drive Speed - 8x CD-ROM drive or faster
- Modem - 28.8 modem or better
- Sound Card - Sound Blaster or compatible sound card
-
- You will need to access JuniorNet using your own Internet Service Provider
- (ISP), and you are responsible for all telephone charges related to using
- your ISP service.
-
- b) Installation, Registration and Technical Support
-
- The installation and registration of JuniorNet typically takes about 20
- minutes but can take longer, depending on how many of the applications
- that the Service requires are pre-installed on your computer. Simply install
- the CD-ROM and follow the onscreen instructions. If you have any
- questions during this process, please call Technical Support at
- 1-800-952-7709.
-
- c) Selection of Screen Names
-
- When you complete the registration process and accept the Terms of
- Service, you become the Master Account Holder, and JuniorNet provides
- you with a limited, non-exclusive license during the term of your account to
- use up to four (4) separate sub-accounts or screen names, which will serve
- as your childrenÆs online identity. The screen names must be chosen at the
- conclusion of the JuniorNet registration process and can consist of any
- combination of up to 16 letters and numbers, except that (i) any screen name
- that contains a userÆs last name will be automatically rejected, to limit
- personally-identifiable information on the Service (ii) your children may not
- use a screen name that is being used by someone else (if another Master
- Account Holder has already picked a proposed screen name, the user will
- be prompted to try another) and (iii) your childrenÆs screen names may not
- be vulgar or be used in any way that violates these Terms of Service (all
- screen names will be reviewed and may be rejected for using inappropriate
- words). PLEASE NOTE THAT (I) ONCE A CHILDÆS SCREEN NAME IS
- PICKED AND ACCEPTED BY JUNIORNET, IT CANNOT BE CHANGED;
- (II) IF A CHILD POSTS ANYTHING TO THE SERVICE, AND THE
- POSTING IS ACCEPTED BY JUNIORNET, THE CHILDÆS SCREEN
- NAME, AGE AND STATE WILL BE VISIBLE TO ALL JUNIORNET
- MEMBERS; (III) THE SCREEN NAME FOLLOWED BY
- @JUNIORNET.NET WILL BE THE BASIS FOR THE CHILDÆS EMAIL
- ADDRESS AND (IV) IT IS A VIOLATION OF THESE TERMS OF
- SERVICE FOR AN ADULT TO CREATE A SCREEN NAME AND USE
- THE SERVICE AS IF HE OR SHE WERE A CHILD.
-
- d) Adult Controls
-
- Account Manager
-
- The Account Manager Program (the "Account Manager") is a password-
- controlled area that can be accessed by the parent or adult who installs
- the JuniorNet software. The Account Manager controls the childÆs level of
- email access and, if applicable, allows the adult to add or delete email
- addresses with which the child can communicate. It can be reached by
- clicking the Start Button in Windows, selecting Programs and then the file
- within the JuniorNet program group entitled "Account Manager". After
- picking a user identification name and password during installation, the
- Master Account Holder will be asked for their password each time he or
- she enters this area, and only after entering this password can the Master
- Account Holder access the Account Manager and change settings within
- the Service. If you have any questions about Account Manager controls,
- please call Customer Service at 1-800-JUNIORNET.
-
- The www.juniornet.com web site
-
- JuniorNet also operates a web site which offers corporate information,
- member support, billing and credit card information, technical support,
- frequently asked questions (FAQÆs) and content for parents and other
- adults at www.juniornet.com. There is an area for Master Account Holders
- accessible from www.juniornet.com which is password protected and is
- designed solely for the use of Master Account Holders. The password to
- access the web site is the same as that used to access the Account
- Manager.
-
- To ensure that both areas remain secure and that children do not modify
- their email or the credit card or other settings without your knowledge, we
- strongly recommend that you protect your password and do not permit
- child users to access or enter the Account Manager or the Member Support
- area of the www.juniornet.com web site. JuniorNet also recommends
- changing your password every three to six months. JuniorNet hereby
- disclaims any and all liability for any circumstances arising from the
- unauthorized use of a Master Account HolderÆs password. You are
- responsible for maintaining the confidentiality of your password, and you
- will be responsible for all uses of your password, whether or not authorized
- by you. If you have reason to believe that someone is using your password
- without authorization, including a child user, you agree to notify JuniorNet
- immediately of the unauthorized use of your password and to change the
- password using the Account Manager.
-
-
- 4. Billing Policies
-
- a) Automatic Billing
-
- Following an introductory free period, if any is applicable, the JuniorNet
- billing system will bill your designated credit card automatically on a
- monthly basis. You may terminate the billing to your credit card or select a
- different credit card for billing by either accessing your file through the
- JuniorNet web site or by calling Customer Service at 1-800-JUNIORNET.
- Your right to use the Service is subject to any limits established by
- JuniorNet or by your credit card issuer. If payment cannot be charged to
- your credit card or your charge is returned to JuniorNet for any reason,
- including chargeback, JuniorNet reserves the right to either suspend or
- terminate your access and account, thereby terminating this Agreement
- and all obligations of JuniorNet hereunder, and thereafter to collect any
- amount due.
-
- b) Fees
-
- JuniorNet reserves the right to change the amount of, or basis for
- determining, any fees or charges for the Service, and to institute new fees
- or charges effective upon prior notice to Master Account Holders, by posting
- such changes on its web site and/or in the Account Manager program or by
- sending emails to Master Account Holders.
-
- c) Payment Choices
-
- JuniorNet accepts Visa, MasterCard, Discover and American Express.
-
- d) Billing Security
-
- JuniorNet uses Secure Sockets Layer technology that sends your credit
- card data to our computers in encrypted code.
-
- e) Checking Your Bill Online
-
- Adults will be able to check their bill online and to change or update
- information regarding their credit cards at www.juniornet.com.
-
-
- 5. Safety
-
- a) Online Safety
-
- JuniorNet was created in response to parents' demands for a child friendly
- online experience. While logged on to JuniorNet, a child is not able to
- access the World Wide Web. JuniorNet achieves its high level of security
- by providing the user with proprietary client software that is designed and
- built to communicate only with servers and locations that we control and
- know to be part of our network. To create the safest atmosphere possible,
- but still allow the level of communication necessary to achieve the
- community-like aspects of the Internet, JuniorNet creates a "client-side
- firewall" on the user's system. This "client-side firewall" is designed to
- serve as a barrier between the JuniorNet network and the Internet.
-
- b) Email Access Options
-
- The email functions available to children on the Service embody the
- benefits and fun of email while permitting adults to choose the level of
- access for their children with which they are comfortable. Adults can
- choose one of two access options for each of their children during the
- sign-up process, as follows:
-
- Level 1: Totally Restricted - When JuniorNet is set up and installed, all
- non-internal, non-administrative mail functions are defaulted
- to "off".
- Only email from JuniorNet or its content providers will be
- allowed to reach the childÆs mailbox. The child will also be able
- to send email to JuniorNet, but will not be able to send email to
- or receive email from other JuniorNet users or any other Internet
- email addresses.
- JuniorNetÆs content providers will be instructed to follow the
- guidelines established by JuniorNet for communicating with
- members but JuniorNet cannot be held liable for their words or
- actions.
-
- Level 2: Restricted Correspondence - The second level of email access
- will allow correspondence only with email addresses
- pre-approved by Master Account Holders. The parent or Master
- Account Holder can add approved email addresses, including
- those of individuals who are not members of JuniorNet, to the list
- from which the child can receive and to which the child can send
- email. Any email coming to the child from outside of the childÆs
- approved list of email correspondents will be blocked and a
- message will be sent to the Master Account HolderÆs Account
- Manager requesting further action. Please check the Account
- Manager on a regular basis for such messages. If the Master
- Account Holder approves the email correspondent, the email
- can be forwarded to the child and the sender will be added to
- the childÆs approved list of correspondents.
-
- BY CHOOSING THIS OPTION, YOU ARE HEREBY
- ACKNOWLEDGING THAT JUNIORNET IS NOT
- RESPONSIBLE FOR ANY EMAIL TO OR FROM YOUR
- CHILDREN, THAT JUNIORNET DOES NOT SCREEN OR
- SEE THE CONTENT IN EMAILS, AND THAT JUNIORNET
- BEARS NO RESPONSIBILITY OR LIABILITY FOR ANY EMAIL
- CORRESPONDENCE OF ITS USERS.
-
-
- 6. Rules Regarding the Community Areas
-
- Bulletin boards, forums, question and answer areas and the email
- program comprise the Community Areas of the Service. You shall not allow
- your children to upload to, distribute through or otherwise publish through
- the Service any content which is libelous, defamatory, obscene,
- pornographic, threatening, invasive of privacy or publicity rights, abusive,
- illegal, that would constitute or encourage a criminal offense, violate the
- rights of any party or that would otherwise give rise to liability or violate any
- applicable law or is otherwise objectionable or inconsistent with the goals
- of the JuniorNet Service.
-
- The Community Areas shall be used only in a noncommercial manner.
- You shall not permit your children to distribute or otherwise publish any
- material containing any solicitation of funds, promotion, advertising or
- solicitation for goods or services. JuniorNet reserves the right to suspend
- or terminate any screen name it reasonably believes is being used by an
- adult, or is being used for commercial purposes or is otherwise in violation
- of these Terms of Service.
-
- JuniorNet offers children the ability to post to bulletin boards and question
- and answer areas. JuniorNetÆs trained chaperones (and in some cases
- those of its content providers) will make reasonable efforts to review
- posted information and not allow posts that violate these Terms of Service
- to reach the Community Areas. JuniorNetÆs content providersÆ will be
- instructed to follow the guidelines established by JuniorNet for the
- monitoring and management of posts, but JuniorNet shall not be held liable
- for such content providers' actions or decisions.
-
-
- 7. The JuniorNet KidsÆ Code
-
- Appendix A to these Terms of Service is a document entitled "The JuniorNet
- KidsÆ Code". These rules have been written specifically for our child member
- audience, and will be emailed to each child after completion of the
- registration process. They will also be posted in the Information Booth area
- of the Service. By accepting these Terms of Service, you hereby
- acknowledge that you are responsible for ensuring that your children follow
- The JuniorNet KidsÆ Code, and you acknowledge that any failure by your
- children to follow these guidelines could result in suspension or termination
- of your JuniorNet account which decision shall be made in JuniorNetÆs sole
- discretion.
-
-
- 8. Privacy Policy
-
- Appendix B of this Agreement is JuniorNetÆs Privacy Policy. You
- acknowledge that although JuniorNet agrees to use its best efforts to
- comply with and to ensure that its users, content providers, distributors and
- licensees comply with this policy, JuniorNet cannot be held responsible for
- the actions of third parties who violate its policies.
-
-
- 9. JuniorNet Software License
-
- JuniorNet grants to you a limited, non-exclusive, non-transferable license to
- use JuniorNet's software to connect with JuniorNet and to allow your
- children to use the Service in accordance with these Terms of Service.
- This license is subject to the restriction that you may not translate, reverse-
- engineer or reverse-compile or de-compile, disassemble or make
- derivative works from JuniorNet software or otherwise reduce the software
- to human-perceivable form. You may not modify JuniorNet software or use
- it in any way not expressly authorized by this Agreement. The installation
- on separate computers and simultaneous use of a unique account and
- screen name by separate individuals is a violation of these Terms of
- Service.
-
-
- 10. Restrictions on Downloading, Printing or Copying of Proprietary
- Information
-
- Much of the content available on our service is owned by third parties
- and/or is protected by copyrights, trademarks, and other intellectual
- property rights held by us or by such third parties. JuniorNet is able to
- provide a wide variety of content for the benefit of all users by entering into
- license agreements with third party providers of branded content, through
- its own creative efforts, and through work for hire agreements with third
- parties. You hereby agree to abide by all copyright notices, information
- or restrictions contained in any content on the Service.
-
- The Service and software used to operate the Service is protected under
- U.S. copyright laws and is owned by JuniorNet Corporation. Subject to the
- specific terms and conditions in JuniorNetÆs agreements with each of its
- content providers, all content as originally provided by either JuniorNet or
- such content providers and the intellectual property and other rights thereto
- are owned by JuniorNet and/or JuniorNetÆs content providers (as the case
- may be).
-
- You may not download, copy, reproduce, republish, transmit or print copies
- of any content available on the Service at any time other than a single copy
- for your own non-commercial use. Using our content for any other purpose
- is a violation of our copyright and other proprietary rights.
-
- You hereby grant to JuniorNet on behalf of yourself and on behalf of your
- children the non-exclusive, royalty-free, worldwide, perpetual license, with
- the right to sublicense, to store or use in any way and through any media
- any ideas or materials which you or your children may submit to or post in
- a public area of JuniorNet or the Service. All rights owned by JuniorNet
- remain the property of JuniorNet, and all rights owned by JuniorNetÆs
- content providers remain the property of those content providers.
-
-
- 11. Export Controls
-
- The Service is owned and operated by JuniorNet Corporation from its
- offices in Boston, Commonwealth of Massachusetts, United States of
- America.
- JuniorNet makes no representation that materials on the Service are
- appropriate or available for use in other countries. Those who choose to
- access the Service from other locations do so on their own initiative and
- are responsible for compliance with local laws, if and to the extent local
- laws are applicable.
- JuniorNet's software is further subject to United States export controls. No
- Service software may be exported or re-exported (i) into (or to a national or
- resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country
- to which the U.S. has embargoed goods; or (ii) to anyone on the U.S.
- Treasury Department's list of Specially Designated Nationals or the U.S.
- Commerce Department's Table of Deny Orders. By using the Service
- software, you represent and warrant that you are not located in, under the
- control of, or a national or resident of any such country or on any such list.
-
-
- 12. Termination
-
- Either you or JuniorNet may terminate your account at any time. You
- understand and agree that cancellation of your account is your sole right
- and remedy with respect to any dispute you may have with JuniorNet.
- JuniorNet also reserves the right, in its sole discretion, to immediately,
- without notice, suspend or terminate your or your child's membership in
- and/or ability to access the Service, specific sections of the Service
- and/or any other Service provided by JuniorNet. You can cancel your
- childrenÆs membership and terminate your account by calling Customer
- Service at 1-800-JUNIORNET. In the event that your account is terminated
- during a monthly billing period, no refund or reimbursement will be granted
- for that period of the month in which you are no longer holding an account
- with JuniorNet.
-
-
- 13. Additional Disclaimer of Warranties
-
- JUNIORNET MAKES NO WARRANTY THAT THE SERVICE WILL
- MEET YOUR OR YOUR CHILDREN'S REQUIREMENTS, OR THAT
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
- ERROR FREE; NOR DOES JUNIORNET MAKE ANY WARRANTY AS
- TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
- THE SERVICE. JUNIORNET WILL NOT BE LIABLE FOR ANY DIRECT,
- CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER
- FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE
- UNAVAILABILITY OR MALFUNCTION OF THE SERVICE.
-
- YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR
- SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
- AVAILABLE" BASIS. JUNIORNET EXPRESSLY DISCLAIMS ALL
- WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING
- WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY,
- FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
-
- YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
- DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
- USE OF THESERVICE IS AT YOUR OWN DISCRETION AND RISK
- AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
- TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER
- LOSS THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
- AND/OR DATA.
-
- YOU UNDERSTAND AND AGREE THAT JUNIORNET DOES NOT
- GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY
- INFORMATION IN OR PROVIDED IN CONNECTION WITH THE
- SERVICE. JUNIORNET IS NOT RESPONSIBLE FOR ANY ERRORS
- OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE
- OF SUCH INFORMATION.
-
- JUNIORNET SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR
- DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY
- OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED,
- SUGGESTED OR REFERENCED IN THE SERVICE. YOUR
- PARTICIPATION IN THE SERVICE IS SOLELY AT YOUR OWN RISK.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
- OBTAINED BY YOU FROM JUNIORNET OR THROUGH THE SERVICE
- SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
-
- YOU UNDERSTAND AND AGREE THAT MEMBERS MAY BE POSTING
- PERSONAL INFORMATION ON THE SERVICE AND THAT JUNIORNET
- HEREBY DISCLAIMS ANY RESPONSIBILITY FOR THE USE OR MISUSE
- OF SUCH INFORMATION OR OF ACCESS BY A MEMBER, EVEN IF
- SUCH USE OR MISUSE MAY VIOLATE A LAW OR THE PERSONAL
- PRIVACY OF YOU OR ANY OTHER MEMBER.
-
-
- 14. Limitation of Liability
-
- NEITHER JUNIORNET NOR ITS PARENTS, SUBSIDIARIES,
- AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS,
- AGENTS, LICENSERS, LICENSEES, DISTRIBUTORS OR SUPPLIERS
- SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
- OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR
- THE INABILITY TO USE THE SERVICE OR FOR THE COST OF
- PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR
- RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR
- OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
- ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
- TRANSMISSIONS OR DATA INCLUDING, BUT NOT LIMITED TO,
- DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER
- INTANGIBLES, EVEN IF JUNIORNET HAS BEEN ADVISED OF THE
- POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
- JUNIORNETÆS LIABILITY TO YOU FOR ANY DAMAGES AND CAUSES
- OF ACTION (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
- EXCEED THE MEMBERSHIP FEES PAID BY YOU FOR THE SERVICE.
-
-
- 15. Indemnification
-
- You agree to indemnify and hold each of JuniorNet, its parents,
- subsidiaries, affiliates, officers, directors, owners, agents, licensers,
- licensees, distributors, suppliers and employees harmless from any
- liability, claim or demand, including reasonable attorneysÆ fees, arising
- out of your or your children's use of the Service, the violation or breach
- of these Terms of Service by you or your children, or the infringement by
- you or your children, or any other user of your account, of any intellectual
- property or other right of any person or entity. The Master Account
- Holder shall use his, her or its best efforts to and ensure that all children
- on their account will cooperate with JuniorNet in the defense of any claim
- relating to the Service.
-
- JuniorNet reserves the right to assume the exclusive defense and control
- of any matter otherwise subject to indemnification by the Master Account
- Holder.
-
-
- 16. Applicable Law
-
- These Terms of Service and all actions contemplated hereby shall be
- interpreted, construed and enforced in all respects in accordance with the
- laws of the Commonwealth of Massachusetts (without regard to its conflicts
- of laws principles). You hereby irrevocably consent to the exclusive
- jurisdiction of the courts of the Commonwealth of Massachusetts and the
- federal courts situated in the Commonwealth of Massachusetts in
- connection with any action to enforce the provisions of this Agreement, to
- recover damages or other relief for breach or default under this Agreement,
- or otherwise arising under or by reason of this Agreement.
-
-
- 17. JuniorNetÆs Remedies for Breach of these Terms of Service
-
- In the event that JuniorNet determines, in its sole discretion, that you or
- your children have breached any portion of these Terms of Service, or
- have otherwise demonstrated conduct inappropriate for the community of
- the Service, JuniorNet reserves the right to (i) warn you and/or your child
- via email that you have violated these Terms of Service; (ii) suspend your
- children's posting or email privileges; (iii) delete any content provided by
- your children (or anyone using your or your childrenÆs access) to the
- Service, (iv) discontinue your account with the Service and/or any other
- JuniorNet Service; (v) notify and/or send content to and/or fully cooperate
- with the proper law enforcement authorities for further action; and/or (vi)
- take any other action that JuniorNet deems to be appropriate.
-
-
- 18. Miscellaneous
-
- In the event that any provision of the Terms of Service conflicts with the
- law under which the Terms of Service are to be construed or if any such
- provisions are held invalid by a court with jurisdiction over the parties to
- the Terms of Service, such provision will be deemed to be restated to
- reflect as nearly as possible the original intentions of the parties in
- accordance with applicable law, and the remainder of these Terms of
- Service will remain in full force and effect.
-
- The failure of either party to insist upon or enforce strict performance by
- the other party of any provision of the Terms of Service or to exercise any
- right under the Terms of Service will not be construed as a waiver or
- relinquishment to any extent of such partyÆs right to assert or rely upon any
- such provision or right in that or any other instance, rather, the same will be
- and remain in full force and effect.
-
- JuniorNet may assign its rights and obligations under these Terms of
- Service and upon such assignment JuniorNet may be relieved of any
- further obligation hereunder.
-
- You represent to JuniorNet that you have the authority to subscribe to
- and/or use the Service according to these Terms of Service.
-
- These Terms of Service, including The JuniorNet Kid's Code and Privacy
- Policy incorporated herein by reference, and any Additional Terms (as
- such terms shall be identified when posted on the Service by JuniorNet)
- constitute the entire understanding between the parties as to subject matter
- hereof, and supersede all prior agreements and understandings.
-
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- APPENDIX A: THE JUNIORNET KIDSÆ CODE
-
- Welcome to JuniorNet! Before you get started, we want you to know about
- the JuniorNet KidsÆ Code, which is designed to help keep JuniorNet safe
- and fun for everyone. Make sure you talk about these rules with an adult in
- your family before using JuniorNet for the first time. You might want to print
- them out and post them near your computer.
-
- 1. Be safe. Never give out or post your first or last name, street address,
- web address, phone number, or school name. DonÆt ask anyone else for
- this private information.
-
- 2. Be kind to others. ItÆs terrific to post your thoughts or feelings, ask a
- question, or send email to a friend on JuniorNet. Just make sure that you
- donÆt swear and don't be mean to others. Also, donÆt use all CAPITAL
- LETTERS - thatÆs like shouting at someone!
-
- 3. DonÆt litter on JuniorNet. If you post a message, be sure to stick to the
- topic. (If the topic is "Caring for your Pet," only send messages about
- animal care.) Be sure your messages make sense and be careful not to
- send the same message over and over.
-
- 4. DonÆt take anything that isnÆt yours. Some of the pictures, stories and
- other writing on JuniorNet come from other people, and JuniorNet had to
- ask them to use it.
- You need to get permission to change, copy, or send anything you find on
- JuniorNet. You can print a copy for yourself.
-
- 5. Send only pictures and writing that you create. You should always get
- permission before sending or posting anything you didnÆt make yourself.
-
- 6. You give JuniorNet the right to use anything posted on the Service.
- When you send something to JuniorNet, you are giving us the right to use
- it on the Service or elsewhere and you understand that we will not return it
- to you.
-
- 7. DonÆt ask other kids to join or buy anything. We donÆt have
- commercials on JuniorNet, so itÆs not fair to ask other kids to buy anything
- or to join anything, except for joining in the fun activities on JuniorNet.
-
- 8. Your posts may not appear. Sometimes when you post a message to
- JuniorNet, it may not show up right away on the service. Sometimes it wonÆt
- show up at all. Remember, if you post something that breaks the rules,
- JuniorNet may reject it before it gets posted. We want JuniorNet to be a
- safe place for everyone, so we try to read all postings before we put them
- up.
-
- 9. And the most important rule of all: Have fun on JuniorNet!
-
- Note: Kids who break the rules may be asked to stay out of JuniorNet.
- You must follow these rules. If you don't, you may be suspended or asked
- to leave JuniorNet.
-
-
-
- APPENDIX B - PRIVACY POLICY
-
- JuniorNet respects the privacy of every individual child using the JuniorNet
- Service and of every parent or legal guardian who becomes a Master
- Account Holder and recognizes the importance of protecting the privacy of
- personal information collected. JuniorNet intends that the JuniorNet
- Privacy Policy shall be consistent with federal and state laws and
- regulations that relate to the protection of childrenÆs privacy. Our Privacy
- Policy has been carefully crafted to take your privacy concerns into
- consideration and to comply with privacy guidelines published by the
- Federal Trade Commission and other respected online privacy advocacy
- groups. By accepting the Terms of Service, you agree to abide by the
- terms of this Privacy Policy.
-
-
- 1. Information About the Account
-
- By establishing an account with the Service, Master Account Holders give
- JuniorNet personal information including the Master Account HolderÆs name,
- address, telephone number and credit card number, and their childrenÆs
- names and ages. This information will be used by JuniorNet for (1) billing
- purposes; (2) to resolve problems reported by the Master Account Holder
- with the Service; (3) to investigate or refer to the proper authorities a
- perceived threat to a child, and (4) to investigate or to prevent activity that
- violates the Terms of Service or is otherwise illegal, or to comply with
- applicable laws or cooperate in legal proceedings where such information
- is relevant. From time to time, JuniorNet may communicate by email with
- parents or other adults who are the Master Account Holders. JuniorNet may
- also, from time to time, make marketing offers solely to parents or Master
- Account Holders, unless you tell us not to.
-
-
- 2. Individual ChildrenÆs Information
-
- No personally-identifiable information (e.g. name, address, phone number)
- from users we understand to be children under the age of 18 will be shared
- with any third parties under any circumstances. Our Agreement is designed
- to ensure that our collection of information from children we know to be under
- the age of 18 has been consented to by their parent or legal guardian.
-
-
- 3. Safeguards Against Posting Personal Information
-
- JuniorNet offers children the ability to post to bulletin boards and question
- and answer areas. However, we realize that many children do not
- understand the privacy issues that are important to their parents or legal
- guardians. Therefore, JuniorNetÆs trained chaperones will make reasonable
- efforts to review posted information and delete posts that include any of the
- personal information covered by the JuniorNet KidsÆ Code before it reaches
- the Service or as soon as practicable.
-
-
- 4. Gathering Information in the Aggregate
-
- JuniorNet tracks the time spent by children in each area of the Service for
- the purpose of tailoring the Service to better meet parentsÆ and childrenÆs
- needs. JuniorNet will track usage patterns based on sex, gender,
- geography or other individually anonymous demographic categories in
- order to analyze the popularity of specific content with our users. JuniorNet
- does not provide any information that reveals or is likely to reveal
- personally identifiable information regarding any of its members to any
- third party. In the event that JuniorNet desires to obtain the Master Account
- HolderÆs consent to track or disclose any personal information about the
- child to any third party, JuniorNet shall send an email to the Master Account
- Holder which explains the circumstances and requests the consent from the
- parent or legal guardian, without which no information will be released.
-
-
- 5. Secure Technology and Restrictions on Employee Access
-
- JuniorNet uses Secure Sockets Layer technology that sends your credit
- card data to our computers in encrypted code. Only authorized personnel
- see a Master Account HolderÆs personal information on a "need-to-know"
- basis. For example, if a Master Account Holder calls Customer Service
- with a question or comment, the customer service representative has a
- need to know who is talking to them and will receive basic account
- information.
-
-
- 6. Changes to Personal Information and EMail Controls
-
- After Master Account Holders have installed JuniorNet and provided the
- company with personal and credit card information as outlined above,
- JuniorNet will allow changes to such information through a
- password-controlled adultsÆ area at www.juniornet.com or through the
- Account Manager within the Program area of the Windows menu of your
- computer. The JuniorNet web site will also allow the Master Account
- Holder to access the email controls for each child registered on the
- service.
-
-
- 7. Changes to this Privacy Policy
-
- JuniorNet reserves the right to change this policy at any time. We may
- modify these policies from time to time to better address your concerns or
- to make other additions, deletions or changes that JuniorNet determines
- to be appropriate.
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