Acceptable Use Policy and Visitor Agreement

Last Updated on July 27, 2007

INTRODUCTION

What’s all this legalese? Basically, it boils down to this: If you’re going to use our Web site, you need to respect our content and not do anything illegal with anything you see here. And if you click through to another site from this site, we’re not responsible for their site. Want to dig into all the legal details and verbiage. Here you go:

Welcome to the kajeet Web site, a service of kajeet, together with its subsidiaries, affiliates, agents and licensors (collectively "kajeet"). The following terms apply to your use of and access to any kajeet owned or operated Web site, including content and functionality contained on the Web site. Certain products or services offered through our Web site may have additional terms and conditions, which govern if there is an inconsistency with the terms below.

COVERAGE OF THIS POLICY AND AGREEMENT

In addition to other agreements between you and kajeet, these terms explain the policies that govern your access to and use of our Web site, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable. By accessing or using our Web site, you agree to these terms, including the related privacy policy and Terms of Service, as kajeet may modify them from time to time. If you do not agree to accept and comply with these terms, do not access or use our Web site. Please review these terms periodically. Your continued use of our Web site following the posting of changes and/or modifications to the Web site terms will constitute your acceptance of the updated terms.

LINKS TO THIRD-PARTY SITES

The Web site may contain links to other web sites that are maintained by third parties over which kajeet has no control. These links are provided for convenience only. kajeet does not sponsor, endorse, or make any representations or warranties about the operators of the sites or the content, products or services they provide, and kajeet is not responsible or liable for the conduct of the sites’ operators, or anything offered at those sites, including their privacy practices. You should consult the third parties’ privacy policies.

ILLEGAL OR HARMFUL USE

Rules of Conduct

You agree not to use the kajeet Web site in any way that is illegal, fraudulent, harassing or abusive as determined by kajeet in its sole discretion, including:

· You will not use the Web site to harm, bully or harass other individuals; and

· You will use the service only for personal use (not for resale or commercial purposes).

Most importantly, you may not use the kajeet Web site in any way to transmit any content that is unlawful, libelous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive or harmful or that infringes upon others’ privacy, right of publicity, copyright or other intellectual property or other rights. We reserve the right to remove or delete any content from you that violates these terms or is otherwise deemed objectionable by us in our sole discretion.

WEB SITE SECURITY AND INTEGRITY

You may not violate the security of our Web site in any way. Such violations may result in criminal or civil liability, and include, without limitation:

· Hacking, including any attempt to avoid system or network limitations imposed by kajeet, or to gain unauthorized access to, alter, or destroy any information that relates to any kajeet customer or other end-user;

· Intentionally interfering with service to any kajeet user, host or network including denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks; and

· "Phishing" (falsifying origin or routing information).

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT

kajeet has the right, but is not obligated, to strictly enforce these terms through self-help, active investigation, litigation and prosecution. We may also access and disclose any information (including transactional information) related to your access and use of our Web site for any lawful reason, as further described in our privacy policy.

Warranty

Warranties applicable to equipment and content are provided in the terms of service and related document.

The Web site is provided "as is" with no warranty. kajeet and its licensors/vendors disclaim any and all warranties, express or implied, including without limitation, the implied warranties of non-infringement of third party rights, merchantability, and fitness for a particular purpose. kajeet and its licensors/vendors do not warrant that the operation of the Web site will be uninterrupted or error-free. Some jurisdictions do not allow the exclusion of implied or limited warranties so the above exclusion may not apply or may be limited. kajeet and its vendors/licensors are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors or omissions arising out of your use of the Web site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness of the kajeet Web site rests with you.

Limitation of Liability

kajeet and its vendors/licensors won’t be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified that such loss may occur) by reason of any act or omission in our provision of products or services and related documentation. We won’t be liable for any act or omission of any other company furnishing a part of our service or any equipment provided for such service - including for errors or omissions of any licensors/vendors participating in offers made through us - or for any damages that result from any product or service provided by or manufactured by third parties. Notwithstanding the foregoing in no event shall the liability of kajeet or its licensors/vendors exceed one hundred dollars.

THESE DISCLAIMERS ARE IN ADDITION TO, AND NOT A SUBSTITUTE FOR, THE PROVISIONS OF THE TERMS OF SERVICE AND PRIVACY POLICY FOR THE KAJEET SERVICE.

GOVERNING LAW

This Policy and Agreement is governed by and must be construed under the laws of the State of Maryland. The federal and state courts sitting in and for Montgomery County, Maryland, have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless kajeet and its licensors/vendors from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys’ fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through our Web site; or (5) your use of our Web site.

PRIVACY POLICY

kajeet respects the privacy of visitors to our site. Please take a few minutes to review our privacy policy.

MISCELLANEOUS

Any failure to insist upon or enforce performance of any provision in the Web Site Terms, Privacy Policy, or Terms of Service will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in these terms. kajeet may assign its rights and duties under these terms to any party at any time without notice to you. If any provision is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the other terms so that it does not affect the validity and enforceability of any remaining provisions.

QUESTIONS AND COMMENTS

We invite you to send in your questions or comments about our site, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Customer Care. Contact kajeet

We hope you enjoy using our services and we welcome suggestions for improvements.