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JetCafe is a California nonprofit mutual benefit corporation, exempt from income tax under Section 501(c)(7) of the Internal Revenue Code. Our legal documents, including the articles of incorporation and the bylaws are available for public scrutiny. This document, JetCafe's articles of incorporation, and bylaws reflect the entire understanding regarding your relationship to JetCafe. If either JetCafe excuses you from, or fails to notify you, of any violations, this will not mean that it must excuse you of future violations of your obligations.

Jetcafe Billing Policy

All bills for services rendered will be sent on the 15th of the month, with charges due for the -following- months' service.

(Example: the bill covering service for September will be sent out mid-August)

Fees are due immediately upon receipt of the bill.

Payment is delinquent after the 15th of the month for which service is being billed. The postmark date of the bill will be used as the determining date for late payment . (For example: payment of the bill for September services must be postmarked no later than September 15th in order to avoid a late charge).

A late charge of $10 will be added for past due payments postmarked after the 15th. If the 15th falls on a Sunday or holiday, the due date is the first business day following the 15th.

If all amounts outstanding are not remitted by the 15th of the month following the first delinquent month (e.g. postmarked by October 15 for the September bill), member access will be suspended until all outstanding amounts are paid. In addition, a deposit of $100 will be required from the member before access will be re-established. This $100 deposit will be credited to the members' account following three consecutive months of on-time payments.

If all amounts outstanding are not remitted by the 15th of the second month following the first two delinquent months (e.g. postmarked by November 15 for the September bill), membership in JetCafe will automatically terminate.

Jetcafe's Usage Policy

  1. No Member may, through direct action, cause an interruption of normal and reasonable services to the Members of JetCafe. Members should promote efficient use of the networks to minimize, and take reasonable steps to avoid congestion of the networks and interference with the access of other Members.

  2. Access to other networks connected to the JetCafe network shall follow the acceptable use rules of the entered network. It is the responsibility of the Member to meet this requirement.

  3. It is not, nor should it ever be construed to be, the policy of JetCafe to impose any content-based restrictions upon its Members. As a condition of JetCafe Service, Members shall bear full responsibility for their particular use of the JetCafe services.

  4. In emergency situations, the board may suspend a member's on- line access if, and only if, that member's continuing access is likely to prevent the continuing on-line access of the corporation's members. Within three (3) days of such suspension of access, the board shall notify the member of a meeting of the board to consider the suspension or expulsion of the member in accordance with the provisions of this section. Such meeting shall be held in accordance with the provisions of Section 3.7 of the bylaws. In any event, such member's on-line access shall be restored within twenty (20) days after access is suspended, unless the board has met to hear the matter within such time and made a determination otherwise.

    The board may, at its discretion, elect to restore on-line access to the member prior to its board meeting, if the threat of continuing access is abated.

Privacy

JetCafe will endeavor to keep all of your communications private, viewable only by you and the person to whom you address it.

JetCafe will not deliberately disclose electronic mail to other members. However, if the authorities ever search or seize JetCafe, they may gain access to your private electronic mail. In that case, JetCafe cannot assure they will not review it. Remember that you have personal rights of privacy that even the government cannot legally violate, though you may have to go to court to enforce those rights.

You acknowledge that JetCafe is not expected to monitor the content of network traffic and materials.

If a member has a problem with what someone else is doing, take it up with that person, not JetCafe.

Those of you with UNIX systems at home, we suggest that you use them to handle your mail. This ensures that JetCafe has absolutely no authority over your private electronic mail.

Limitation of Liability and Indemnity

The great danger for JetCafe, and for all operators of online systems, is that it might be held accountable for the wrongful actions of its members. If one member libels another member, the injured member might blame JetCafe. If a member uploads a program with a computer virus, and other members' computers are damaged, JetCafe might be blamed even though the virus was left by a member. If a member transfers illegal credit card information to another member through private electronic mail, JetCafe might be blamed even though it did nothing more than unknowingly carry the message from one member to another.

JetCafe was not started to take the blame for others' actions, and it cannot afford to operate if it must take that blame. Accordingly, all members must accept responsibility for their own acts, and to accept that an act by another member that damages them must not be blamed on JetCafe, but on the other member. These needs are accomplished by the following paragraphs:

You agree that JetCafe (which in this paragraph includes its members, directors and officers) will not be responsible to you for any indirect, consequential, special or punitive damages or losses you may incur in connection with JetCafe or any of the data or other materials transmitted through or residing on JetCafe, even if you have advised JetCafe of the possibility of such damage or loss. In addition, you agree to defend and indemnify JetCafe and hold it harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by you or materials or information transmitted by you in connection with JetCafe leading wholly or partially to claims against JetCafe by other members or third parties.

JetCafe Service is furnished to the Member as-is. JetCafe makes no representations or warranties, express or implied. By way of example, but not limitation, JetCafe makes no representations or warranties of merchantability or fitness for any particular purpose. JetCafe shall not be held liable for any liability nor any direct, indirect, or consequential damages with respect to any claim by the Member or any third party on account of or arising out of use of the service. As a condition of JetCafe Service, the Member shall defend, indemnify and hold harmless JetCafe and its officers, employees and agents from and against any liabilities, demands, damages, expenses, and losses arising out of the Membership Agreement. This provision of the Agreement shall survive termination of the Agreement.

Choice of Law

JetCafe can be reached by people from all fifty states, and around the world. Each of these places has a different set of laws. Since JetCafe cannot keep track of all these laws and their requirements, you agree that the law of California will apply to all matters relating to this agreement and to JetCafe. In addition, you agree and consent that if there is ever any legal action against JetCafe, the courts of California will have exclusive jurisdiction and be the exclusive venue for any such legal actions.