JIN Networks Inc. Terms and Conditions

1. FAIR ACCESS POLICY
   
   

   To ensure equal Internet access for all Service subscribers, JIN Networks Inc. maintains a running average fair access policy. Fair access establishes an equitable balance in Internet access for all customers regardless of their frequency of use or volume of traffic. To ensure this equity, Customer may experience some temporary throughput limitations. Service access is not guaranteed. This policy applies to all Service plans including "Unlimited" plans where customers' use of the Service is not limited to a specific number of hours per month.

2. MODIFICATION OF THE SERVICE
   
   

   JIN Networks Inc. may discontinue, add to, or revise any or all aspects of the Service in its sole discretion and without notice, including access to support services, publications, and any other products or services ancillary to the Service or membership. In particular, JIN Networks Inc. specifically reserves the right at its sole discretion to modify, supplement, delete, discontinue, or remove any software, file, publications, information, communication, or other content appearing on or transmitted through the Service.

3. SOFTWARE LICENSE
   
   

   Subject to the terms of Customer's agreement for Service (the "Service Agreement"), JIN Networks Inc. grants to Customer a personal, non-exclusive, non-assignable, and nontransferable license to use and display the software provided by or on behalf of JIN Networks Inc. only for purposes of accessing the Service ("Software") on any machine(s) of which Customer is the primary user or which Customer authorizes for use. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith, is expressly forbidden. Customer may not sublicense, assign or transfer this license or the Software except as permitted by JIN Networks Inc.. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations under this license is void. Customer agrees that they shall not copy or duplicate, or permit anyone else to copy or duplicate, any part of the software provided hereunder, or create or attempt to create, or permit others to create or attempt to create, by reverse engineering or otherwise, the source programs or any part thereof from the object programs or from other information made available under this Service Agreement.

4. RESERVATION OF RIGHTS
   
   

   JIN Networks Inc. reserves all copyrights and other rights in and to any content available through the Service and is identified as, claimed by JIN Networks Inc. as, or known by Customer to be, proprietary to JIN Networks Inc. (or its licensors). The content on the Service is protected under applicable copyright law, including as a collective work. All copying, modification, distribution, publication, or other use by Subscriber, or by any user of Customer's account, of any such content or other works is prohibited, except as expressly permitted by JIN Networks Inc..

5. DISCLAIMER OF WARRANTIES AND CERTAIN DAMAGES/LIMITATION OF LIABILITY
   
   

   EXCEPT AS SPECIFICALLY SET FORTH IN THIS HEREIN, JIN Networks Inc. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE SERVICE, RELATED PRODUCTS, EQUIPMENT, SOFTWARE OR DOCUMENTATION. JIN Networks Inc. SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR TITLE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Neither JIN Networks Inc. nor Customer shall be liable to the other for any indirect, consequential, exemplary, special, incidental or punitive damages, including without limitation loss of use or lost business, revenue, profits, or goodwill, arising in connection with the Service Agreement, under any theory of tort, contract, indemnity, warranty, strict liability or negligence, even if the party knew or should have known of the possibility of such damages. The total liability in connection with the Service Agreement for any and all causes of actions and claims, including without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, shall be limited to the lesser of: (a) direct damages proven by Customer; or (b) the amount paid to WorldCom under the Service Agreement for the one (1) month period prior to accrual of the most recent cause of action.