This version of the service agreement is current as of August 3, 1998. From time to time, Juno may modify the Service Agreement upon notice to its members. To receive a copy of the most recent version by e-mail, send a message to 'service.agreement@faq.juno.com'.
Please read this agreement carefully.
The Juno online service (the "Service") is operated by, and consists of computer online, interactive information, communication and transaction services provided by, Juno Online Services, L.P. (Juno Online Services, L.P. and its successors and assigns are defined in this Agreement as "Juno LP".)
1.1. This Service Agreement, and any further amendments to this Service Agreement made in writing by Juno LP or disseminated by Juno LP on the Service, shall constitute the entire agreement (the "Agreement") between Juno LP and you with respect to the Service and shall supersede all other communications and agreements with regard to the Service and the other matters covered by this Service Agreement. Other parties who are granted rights and protections under this Service Agreement are third party beneficiaries of this Service Agreement.
1.2. By completing the enrollment process to become a member of the Service or by using the Service or any software provided directly or indirectly by Juno LP ("Juno Software") other than to read this Service Agreement, you agree to be bound and to abide by the Agreement as if you had signed this Service Agreement. Juno LP may amend the Agreement at any time and in any manner; any amendment shall be effective immediately upon transmission of notice by e-mail, conventional mail, or any other means. Each use by you of the Service reaffirms your acceptance of, and your agreement to be bound and to abide by, the Agreement as amended. If you do not wish to be bound by the Agreement, you may continue to use neither the Service nor any software provided to you by Juno LP, and you shall immediately terminate your account with the Service as set forth below.
1.3. Juno LP may discontinue or alter any aspect of the Service at any time, without notice, without liability and in Juno LP's sole discretion.
2.1. You agree to provide Juno LP with accurate, current and complete information ("Member Registration Information") for your registration as a member of the Service and to maintain and to update this information as required to keep it accurate, current and complete. You agree in your enrollment as a member of the Service and in your use of the Service not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.
2.2. You are responsible and liable for any activity by any person who uses your account with the Service. Other users of your account shall be bound by the Agreement under Section 1.2 as if they were you. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree that, upon becoming aware that your password or account is (or possibly is) being used without authorization, you will immediately notify Juno LP.
2.3. You are responsible for obtaining and maintaining the equipment and telephone services necessary to access and use the Service and for any telephone charges associated with connecting to the Service. Depending on your location, connecting to the nearest access number may involve long distance telephone charges.
3.1. You acknowledge that the Service and the Juno Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted herein, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Juno Software, in whole or in part.
3.2. Juno LP grants to you a limited license to use Juno Software under the terms and conditions set forth in this Service Agreement. All Juno Software provided to you is licensed, not sold, to you by Juno LP and may be used only to connect to the Service from the United States of America and such other locations as Juno LP may authorize. Juno LP grants to you a personal, non-transferable and non-exclusive right to use, in object code form only, each copy of Juno Software on your personal computers and other processors for use of the Service by your account. You are permitted to copy and archive Juno Software, as well as to distribute to third parties such copies as you make of the Juno Software, provided that all such copies contain the same copyright notice and proprietary markings as are on the original Juno Software; and provided further that you do not sell, transmit or otherwise dispose of any copy for compensation or as part of a commercial offer. Notwithstanding the foregoing, Juno LP may, at any time, and in its sole discretion, prohibit your distribution or your further distribution of the Juno Software to third parties and require you to discontinue any such activity. You agree not to translate, reverse engineer, reverse compile, disassemble or make derivative works from Juno Software. You agree not to modify Juno Software in any manner or form, or to use modified versions of the Juno Software including (without limitation) for the purpose of obtaining unauthorized access to the Juno Service. You agree not to access the Service by any means other than through the interface that is provided by Juno LP for use in accessing the Service. You may neither sublicense Juno Software, nor sublicense or assign the license granted under this Agreement, without prior written authorization from Juno LP.
3.3. You agree that, without the prior written consent of Juno LP, you shall not resell the Service or use the Service for the transmission of commercial solicitations or for the receipt of responses to commercial solicitations. You agree that you shall not, for a commercial purpose, upload, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit, any content obtained through the Service. You agree that you will not use the Service for the transmission of (or receipt of responses to) chain letters or pyramid schemes of any kind. You agree that you may not use the Service to disseminate any e-mail message in a broad-based mailing (that is, a single message sent through the Service directly to more than 50 e-mail addresses simultaneously) without the prior written permission of Juno LP. You agree not to forge e-mail headers or take any other action that would disguise the origin of e-mail you transmit through the Service. You agree not to knowingly permit another person to transmit e-mail (on any service or through any e-mail provider, including the Service) that falsely identifies your account as the origin of such e-mail.
3.4. You agree that you will comply with all laws applicable to your use of the Service. You agree that you will not transmit or post through the Service any harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful or other offensive material of any kind. You agree that you will not transmit or post through the Service any material that contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You agree to comply with any operating rules provided or made available to you from time to time by Juno LP. Juno LP retains the right at any time to refuse or discontinue the use of any user name selected by you. You agree that you will not interfere with any other person's use and enjoyment of the Service or any other online service.
3.5. You agree that Juno LP may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that unread e-mail messages will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Juno LP's servers on a member's behalf, and the maximum number of times (and the maximum duration for which) a member may access the Service in a given period of time. You acknowledge that such limits may differ for different portions of the Service, and in particular may be set at different levels for members who elect to use billable portions of the Service and members who use only free portions of the Service. You also acknowledge that Juno LP reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. In addition, you acknowledge that if an account on the Service is terminated, any unread e-mail sent prior to such termination may be deleted from the Service. You agree not to use your account to maintain a persistent and continuous connection to the Internet, nor to engage in any practice (including without limitation automated and/or persistent checking of the host server) or to use any software or device (including without limitation an auto-dialing device) in an effort to maintain a persistent and continuous connection to the Internet. You agree that Juno LP may terminate your connection after an extended period (as determined in Juno LP's sole discretion) of inactivity and/or if necessary (as determined in Juno LP's sole discretion) to restore or maintain general availability of access to the Service by, and/or appropriate allocation of access-related resources among, members of the Service. You acknowledge that, unless Juno LP, in its sole discretion, elects to authorize such concurrent usage, "simultaneous sessions" (defined as the use of a single account on the Service by two or more modems at the same time) are not permitted. You acknowledge that the Service is provided only for personal use by you and members of your household, and not for corporate or commercial use or for use by organizations or other groups of users.
3.6. You acknowledge that information, communications, photographs, video, graphics, software, music, sounds and other materials and services (collectively, "Content") may be accessible to you through your use of the Service, including without limitation Content made available by third parties over the Internet. You acknowledge that, as a matter of policy, Juno LP does not pre-screen Content, but that Juno LP has the right (but not the obligation) to remove Content (including, without limitation, Content created, posted, uploaded or transmitted by you) from its computer servers that Juno LP, in its sole discretion, determines to be in violation of the terms of this Agreement. You further acknowledge, however, that Juno does not have the capability to monitor, review or restrict (or to edit or remove) Content made available by third parties on the Internet. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
3.7. You acknowledge that the Service may provide access to Content that is protected by copyright, trademarks, and other intellectual property rights ("Rights"). You agree that your use of the Content is governed by all applicable laws and regulations, and by any further restrictions placed on the Content by the owners or licensors of such Content.
3.8. You agree to post, upload or transmit on or through the Service only Content that is not subject to any Rights or Content where you have obtained from the owner of such Rights the express authorization to distribute such Content on or through the Service. Any violation may result in civil or criminal liability. You further acknowledge that the Service may provide certain public areas (e.g. message boards, newsgroups, forums, and public mailing lists permitted on the Service). By posting, uploading or transmitting Content to any such area, you are requesting Juno LP to make such Content available to third parties, and you are acknowledging that provision of such Content to a public area will result in copies of such Content being transmitted to third parties. By posting, uploading or transmitting Content to any public area, you (i) grant to Juno LP a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, distribute, display, and create derivative works from, the Content (in whole or in part) and to incorporate it into other works in any form, media or technology (whether now known or later developed) and (ii) warrant that the holder of any Rights, including moral rights, has waived such Rights and has granted to you the right to grant the license to Juno LP stated above.
4.1. Juno LP, in its sole discretion, may monitor any areas on the Service (whether currently existing or created in the future) and may use or disclose any information from such areas or related records consistent with any law, regulation or governmental request; to operate the Service; to protect members or other users; or to ensure compliance by members or other users with their agreements with Juno LP. Juno LP shall not intentionally monitor or disclose any private e-mail message, but Juno LP retains the right to do so to the extent permitted or required by law. You agree that Juno LP may archive and make use of information relating to how you use the Service (including without limitation information relating to the frequency of your usage of the Service, navigational information, and information relating to the display of any advertisements transmitted to you). You agree that Juno LP may use Member Registration Information and other information provided by you or relating to your use of the Service ("User Information") to facilitate the distribution of information to you by others and for any other purposes deemed appropriate by Juno LP that do not violate the privacy provisions set forth in this Section 4.1 below. You agree that Juno LP may disclose to advertisers or other third parties statistical information derived through the aggregation of your User Information with information associated with all or some subset of the other members of the Service, but that Juno LP may not disclose your individual User Information in non-aggregated form ("Individual User Information") or Identifier Information (as defined below) to an advertiser or other third party (except as required or requested by law, legal process, regulation or governmental authority) without obtaining your consent. ("Identifier Information" consists of a member's name, address, e-mail address and telephone number.) Juno LP may obtain such consent by inquiring, during the account creation process or at any other time, whether you are willing to have such Individual User Information or Identifier Information disclosed to an advertiser or other third party (and providing a method by which you may provide such consent), by inquiring whether you object to the disclosure of such Individual User Information or Identifier Information to an advertiser or other third party (and providing a method by which you may withhold such consent), or by any other means. Such consent shall be presumed if Juno LP provides (electronic or other) notice to you during the account creation process that Individual User Information and/or Identifier Information may be disclosed to an advertiser or other third party in the event that you continue the account creation process (regardless of whether such notice does or does not contain a method by which you may explicitly provide such consent). In addition, if you use the Service to purchase goods or services, you will be presumed to have consented to the disclosure of Identifier Information to the company that sells or provides such goods or services. You acknowledge, however, that Juno LP is not the Internet, that Juno LP does not control the Content, services or areas available that may be accessible to you on the Internet through the Service, and that providers of Internet sites or services have separate data and privacy practices independent of Juno LP that govern the manner in which they use information that you provide to them.
4.2. You expressly permit and authorize Juno LP to furnish you, electronically or by any other means selected by Juno LP, information prepared by Juno LP or by (or on behalf of) other entities, including advertising information and solicitations. You acknowledge that advertisements and solicitations are an inseparable part of the Service; accordingly, you understand and agree that such advertisements and solicitations cannot be terminated unless the Service is also terminated. All such advertisements and solicitations shall be understood to be "solicited" by you through the act of using the Service, and each time you use your account will be deemed to be a reaffirmation of such solicitation. You agree to pay all sales, use, value-added, personal property or other governmental tax or levy imposed on goods or services (if any) that you purchase through the Service, including, without limitation, any billable portions of the Service that you elect to use.
5.1. As the holder of an account on the Service you are solely responsible for any activities and charges conducted on, with, or through your account, including without limitation any billable portions of the Service used. By using a credit card or debit card to pay for any billable portions of the Service, you expressly authorize Juno LP or its agents to charge all fees and other charges incurred in connection with your user name and password to the credit card you have designated, or, in the case of a debit card, to withdraw funds via electronic funds transfer from your bank account. Each time you use your account on the Service will be deemed to be a reaffirmation of the foregoing authorization, and such authorization will remain valid unless revoked by you in writing to Juno LP. If Juno LP does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by Juno LP. You acknowledge that Juno LP may elect to aggregate certain charges made during your billing cycle and present them on an aggregated basis and that, as a result, such charges may appear in aggregated fashion on the statement you receive from your credit card issuer or financial institution. You acknowledge that the agreement between you and the relevant credit card issuer or financial institution governs your use of your designated credit card or debit card for payment of fees owed to Juno LP, and that you must refer to such agreement to determine your rights and obligations as a holder of such card. All membership fees are payable in advance and are not refundable in whole or in part. You may change your designated payment method by contacting Juno LP in the manner specified for that purpose on Juno LP's Web site ("http://home.juno.com" as of the date of this Agreement) or by calling the Juno customer service number (1-800-654-5866 as of the date of this Agreement). Juno LP reserves the right to accept other forms of payment or to modify the forms of payment it will accept, in its sole discretion. If Juno LP elects to authorize alternative or additional methods of payment, your designation of such a method of payment shall be deemed to be an authorization to Juno LP to bill you, in a manner appropriate to your designated method of payment, for all fees and other charges incurred in connection with your user name and password. Each use of your account on the Service thereafter will be deemed to be a reaffirmation of the foregoing authorization, and such authorization will remain valid unless revoked by you in writing to Juno LP.
5.2. If Juno LP does not receive the amount of your account balance within 30 days of the invoice date, an additional 1.5% (or the highest amount permissible by law, if less) per month of the amount outstanding may be added to your invoice as a late charge. You shall be liable for all attorney and collection fees arising out of Juno LP's efforts to collect any unpaid balance of your account. If you believe that a billing discrepancy has occurred, you must notify Juno LP within 90 days after the date on which it first appeared on your credit card account statement or such amounts will be deemed to have been accepted by you. You agree to release Juno LP from any liability for any error or discrepancy that is reported to Juno LP after such period.
5.3. Your subscription to any billable portion of the Service will continue and renew automatically, unless terminated by Juno LP or until you notify Juno LP by telephone or in such other fashion as is then deemed acceptable by Juno LP of your decision to terminate your subscription to a billable portion of the Service. Juno LP reserves the right at any time to change its fees and charges for use of billable portions of the Service, to institute new or additional fees, and to change its policies, methods, and procedures with respect to pricing, billing, cancellations, and surcharges. Although Juno LP expects to provide notice (in the form of e-mail, a "pop-up" advertisement, a notice on the graphical interface of the Service, or another form of notice) prior to making material changes in the pricing of billable portions of the Service, nothing in this Agreement shall require Juno LP to provide prior notice to its users before taking any of the actions set forth above. You may obtain current pricing information for billable portions of the Service, as well as information about policies, methods and procedures with respect to pricing, billing, cancellation and surcharges (i) by calling the Juno customer service number (1-800-654-5866 as of the date of this Agreement), (ii) through the Juno Web home page ("http://home.juno.com" as of the date of this Agreement), or (iii) by sending e-mail to the appropriate address ("billing@service.juno.com" as of the date of this Agreement), it being understood that Juno LP may modify the foregoing means of accessing rates and billing information in its sole discretion.
6.1. WITH RESPECT TO INFORMATION, GOODS AND SERVICES PROVIDED OR ACCESSED ON OR THROUGH THE SERVICE (INCLUDING WITHOUT LIMITATION ON OR THROUGH THE WORLD WIDE WEB, REGARDLESS OF WHETHER THE SERVICE FEATURED OR DISPLAYED A LINK TO A PARTICULAR WEB SITE), JUNO LP (I) HAS NO RESPONSIBILITY OR OBLIGATION WITH RESPECT TO (AND DOES NOT ENDORSE) ANY INFORMATION, GOOD OR SERVICE, (II) MAKES NO WARRANTIES WHATSOEVER (EXPRESS OR IMPLIED) WITH REGARD TO ANY INFORMATION, GOOD OR SERVICE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF ACCURACY, COMPLETENESS, USEFULNESS, MERCHANTABILITY, SAFETY OR FITNESS FOR A PARTICULAR PURPOSE), (III) SHALL NOT BE A PARTY TO A TRANSACTION BETWEEN YOU AND ANY USER OF THE SERVICE AND (IV) SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCE, FOR ANY LOSS, COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY ACT OR OMISSION OF ANY PERSON OR FROM ANY INFORMATION, GOOD OR SERVICE; EXCEPT TO THE EXTENT THE FOREGOING MAY NOT BE DISCLAIMED UNDER LAW. Juno LP is a distributor (and not a publisher) of information disseminated by persons using the Service.
6.2. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE SERVICE MAY PROVIDE CERTAIN TYPES OF ACCESS TO THE INTERNET, BUT THAT THE INTERNET IS NOT OWNED, OPERATED OR MANAGED BY JUNO LP. NEITHER JUNO LP NOR ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS AND AUTHORIZED USERS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU IN CONNECTION WITH THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES WHATSOEVER (EITHER EXPRESSED OR IMPLIED), INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY JUNO LP, ITS EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS OR AUTHORIZED USERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH ADVICE OR INFORMATION.
6.3. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL JUNO LP OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE OR RELATED SOFTWARE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES THAT RESULT FROM OR THROUGH THE USE OF OR INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6.4. You agree that the entire liability of Juno LP, and your exclusive remedy with respect to the use of Juno Software, shall be the replacement of any diskette deemed by Juno LP to be defective.
6.5. You agree that any obligation or liability of Juno LP arising under (or relating to) the Agreement shall be without recourse to any partner of Juno LP, any direct or indirect owner or controlling person of the foregoing or any successor to any such partner, owner, or person, and no such partner, owner, controlling person or successor shall have any liability in such capacity for the obligations or liabilities of Juno LP.
7.1. You agree to indemnify Juno LP and its affiliates against liability arising from any use of the Service (including, without limitation, your dissemination of any information on the Service).
7.2. Either you or Juno LP may terminate your access to the Service and your account (and/or your subscription to any billable portion of the Service) at any time, for cause or for no cause, with or without written (including electronic) notice. Your only right with respect to any dissatisfaction with the Agreement or any terms, policies, or practices of Juno LP in operating the Service; any content available through the Juno Service; or any change to any of the foregoing, is to terminate your account.
7.3. Upon termination, you agree that (1) you shall immediately return any Juno Software (unless otherwise directed by Juno LP), (2) you shall have no right to access any stored content on the Service (and any such content will be forfeited), (3) Juno LP shall have no obligation to notify (and shall have no responsibility for the failure to notify) any person and (4) the license granted to you to use Juno Software shall immediately be terminated.
7.4. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement.
7.5. The Agreement and its enforcement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to conflicts-of-law principles. Each party irrevocably consents to the exclusive jurisdiction of the courts of the State of New York and the federal courts situated in the State of New York in connection with any action arising under the Agreement or relating to the Service or Juno Software. Any cause of action brought by or on behalf of you with respect to this Agreement, the Service or Juno Software must be commenced within one year after the claim or cause of action arose.
