1. General Terms and Policies. Jimichu is a private company providing access to content on the Internet. Jimichu’s equipment and facilities may be used to access materials on the Web, enjoy audio and video programming, read online content, post materials for others, and otherwise participate in all legal aspects of the Internet through the Site, subject to these Terms and Policies.

The Site is provided to persons (referred to in this document as “Users” or “you”) who access and use the Site. Any use of the Site is subject to any restrictions listed below. By using the Site, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must exit the Site immediately and may not thereafter access, use, or attempt to access or use the Site.

Jimichu grants you a non-exclusive right to access, use and display the content of Site on any computers or other electronic display devices of which you are a primary user, solely by whatever technical means Jimichu provides or determines is to be used for access and viewing. You may not assign, sub-license or transfer any of these rights or obligations without the express written consent of Jimichu. You may not distribute any of the content of the Site in any form or medium (other than content over which you personally have the rights to distribute) without the express written consent of Jimichu.

2. Coverage. If you are an individual User, these Terms and Policies apply to all persons who gain access through your computer(s) or network equipment under your control. If you are a business or commercial User, these Terms and Policies also apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using the Site from your computer(s) or network equipment will be treated as a violation by you.

3. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies. Any violation of either these Terms and Policies or the other rules, regulations or policies noted on the Site may serve as cause for Jimichu to suspend or terminate your right to access or use the Site. You agree that Jimichu has the right, with or without notice, to suspend or terminate your access upon the first or subsequent occurrence of any of the following:

a. Using the Site in any way which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law);

b. Using the Site in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending unsolicited bulk e-mail (“spamming”);

c. Using the Site in an attempt to break security, or so as to actually break security of any computer network (including the Site itself), or to access an account, message, or file which does not belong to you;

d. Using the Site in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or online postings, or using any other method to disguise the sender’s identity or location;

e. Excessively using the Site in such a way as to limit the bandwidth available to others, or to interfere with the ability of others to use and enjoy the Site;

f. Engaging in harassment of any other User or of Jimichu personnel;

g. Furnishing false data, including providing fraudulent credit card or other financial information;

h. Posting obscene content (including child pornography), planning illegal activity, such as building a bomb or counterfeiting money, advertising or promoting a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia, pretending to be anyone you are not, using false statements to get, or to attempt to get, account information or other private information from others, or engaging in copyright infringement or other intellectual property infringement;

i. Altering or modifying, or attempting to alter or modify, the Site, including any underlying code or technology used to provide or run the Site;

j. Otherwise using the Site in a manner which creates the likelihood of legal liability for Jimichu; or,

k. Using or attempting to use the Site for your own commercial purposes, including advertising or the sale of any goods or services.

4. Accounts and Security. Jimichu may require you to create an account. If you decide to create an account, you must do so in your own name, and provide Jimichu with complete and accurate data as you open that account and as you use it thereafter. You are responsible for all activity on your account, regardless of who may use that account in your name. You must notify Jimichu at once if you believe your account password has been lost or stolen or if you suspect or know of any improper or unauthorized use of your account. In addition to keeping your own account secure, you agree not to use or attempt to use any other person’s account, or to access or attempt to access any private areas of the Site, or any areas for which you do not have permission to access.

5. Intellectual Property. Jimichu does not undertake to examine or review messages, files, or other materials which are accessible through, pass through, or reside on the Site.

You warrant that any materials which you upload or post to the Site are either your own, original creation and that you alone have the right to display and distribute those materials, or that you have secured the rights to display and distribute those materials from the owners of those rights. You understand and agree that any uploadings or postings which do not comply with this section may subject you to liability under Section 6 below.

If you upload or post any materials to the Site, you retain whatever ownership interests and rights you have in those materials at the time of uploading or posting. However, you agree that your uploading or posting immediately grants Jimichu (and any of Jimichu’s successors and affiliates) a worldwide, non-exclusive, full-paid, non-revocable and perpetual license to use, display, distribute, reproduce, make derivative works from, perform, and sub-license those uploads and postings in any formats (including formats not known or in use at the time of your uploading or posting) and by means of any form of distribution. As to all other users of the Site, you grant them permission to access your uploads and postings through the Site, and to view and use those uploads and postings for their personal enjoyment, but not for any commercial purpose. You understand and agree you will not receive any payment or compensation of any sort for any materials which you upload or post on the Site.

You understand and agree that all the content of the Site other than materials provided by Users is the sole and exclusive property of Jimichu, and you agree that your use of the Site is for your personal use only. You agree not to copy, reproduce, retransmit, distribute, or otherwise make available to third parties any of the content on the Site (other than content over which you personally have such rights).

You understand and agree that certain operations of the Site are made possible by software used by Jimichu under license from one or more third parties, and you agree not to take any actions or make any use of the Site which would tend to or actually cause a breach of the license agreement(s) under which Jimichu obtains rights to use such software.

To the extent that Jimichu uses any security features on the Site to prevent or restrict Users use or copying of content, you agree not to disable, circumvent, defraud, bypass, or interfere with those features, not to attempt to do so, and not to assist in any way others to do so or attempt to do so.

In compliance with the Federal Digital Millennium Copyright Act, Jimichu has designated Muhidin Issa Michuzi as the individual to receive complaints about alleged copyright infringement taking place on the Site. To avail yourself of the protections of the Digital Millennium Copyright Act, if you believe that your copyright(s) is being infringed by means of material hosted on the Site, you need to provide a signed notice in writing to Muhidin Issa Michuzi, continuing a specific identification of the allegedly infringing material and the location(s) on the Site where the materials are to be found. You may send that notice to [mailing address, phone number, and electronic mail address of the agent.] Upon receipt of such written notice, Jimichu will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Jimichu receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Jimichu will send you a copy of that notification. Unless you notify Jimichu of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or other wise made accessible again.

6. Liability. You agree that use of the Site is at your own risk. Except for any information, products, or services clearly identified as being supplied by Jimichu, neither Jimichu nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Site. Jimichu neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Jimichu is not responsible for any loss or damage caused by your use of, or reliance on, such material(s).

You understand and agree that you have sole responsibility for your uploading or posting of any information or material to the Site. You agree to indemnify, hold harmless, and defend at your sole expense Jimichu and its officers, directors, employees, affiliates, and successors in interest, and other users from and against any claims, losses, costs, liability, damages or expenses arising out of your uploads or postings or your use of the Site in violation of Section 3 above.

YOU AGREE TO BE LIABLE FOR ANY DAMAGES OR LOSS OF SERVICE WHICH RESULTS IN DAMAGES TO JIMICHU AS A RESULT OF ANY VIOLATIONS OF SECTION 3 ABOVE. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Jimichu may pursue any such claims against you in District Court in Hennepin County, Minnesota.

YOU AGREE THAT JIMICHU, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL IN NO EVENT AND UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT FOUND ON THE SITE, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF WHATEVER SORT, ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SITE, (C) ANY ACCESS TO OR USE OF PERSONAL OR FINANCIAL INFORMATION WHICH MAY BE STORED ON OR IN TRANSIT THROUGH THE SITE, (D) ANY INTERRUPTION IN YOUR USE OF THE SITE, (E) ANY PROGRAMMING ERRORS OR FLAWS WHICH YOU MAY ENCOUNTER IN YOUR USE OF THE SITE, (F) ANY MALICIOUS COMPUTER PROGRAMS CREATED OR DISTRIBUTED BY ANY THIRD PARTY WHICH YOU MAY ACQUIRE THROUGH OR AS A RESULT OF YOUR USE OF THE SITE, AND/OR (G) ANY LOSS OF OR DAMAGE TO YOUR POSTED OR UPLOADED MATERIALS , REGARDLESS OF THE LEGAL THEORY UNDERPINNING SUCH CLAIMS FOR DAMAGES, AND REGARDLESS OF WHETHER OR NOT YOU HAVE ALERTED JIMICHU TO THE POSSIBILITY OF THOSE DAMAGES.

7. Warranty. JIMICHU MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SITE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SITE, REGARDLESS OF WHAT YOU MAY HAVE TOLD JIMICHU ABOUT YOUR INTENDED USE OF THE SITE. NO ORAL ADVICE OR INFORMATION GIVEN BY JIMICHU OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.

THE SITE AND ANY SOFTWARE WHICH YOU MAY OBTAIN ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; JIMICHU DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. JIMICHU DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SITE.

8. Content. You understand and agree that information and access available through the Site may include controversial, sexually explicit, or other material that may be offensive to you or Users for whom you are responsible. Jimichu has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

You understand that the Site may contain links to materials and other sites, provided or operated by third parties with whom Jimichu has no connection and over which Jimichu has no control. Any third-party Web sites may have their own policies and terms, and you are responsible for following those sites’ terms and policies. You agree that Jimichu has no liability based upon your use of any third party(ies) site(s).

Jimichu reserves the right to delete, move or edit any item placed onto the Site that Jimichu, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material Jimichu believes may cause any liability for it or which may cause Jimichu to lose the services of any third party.

9. Privacy. Jimichu maintains a Privacy Policy which is accessible on the Site. You agree to the provisions of that Privacy Policy, which may be changed from time to time, and you agree that any changes will become immediately effective and binding upon you.

10. Automated Access. If you operate a public search engine, you may use spiders or other automated tools to access, index, or archive materials found on the Site solely for the purpose of creating a searchable index of the Site. No other use of an automated system to accesses the Site in a way that imposes a greater load on the Site than access by a real person would do is permitted, and Jimichu reserves the right to block or limit access by search engines as needed to protect the proper functioning of the Site or to prevent harm to the Site or Jimichu.

11. Disputes. You agree that any dispute between you and Jimichu arising out of your use of the Site which cannot be resolved between you and Jimichu will be submitted by the aggrieved party for binding arbitration under the auspices of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association’s office responsible for Minneapolis, Minnesota. The arbitration must be held in Hennepin County, Minnesota, and the arbitrator must be a person with experience in online sites’ operation.

12. Governing Law. These Terms and Policies are governed in all respects under the laws of the State of Minnesota.

13. Amendments. These Terms and Policies may be amended in any respect at any time by Jimichu upon the posting of the amended Terms and Policies on the Site. Your continued use of the Site will be deemed consent to any such amended Terms and Policies, regardless of whether or not you have read the revised Terms and Policies. If you do not wish to continue to use the Site as a result of any such amended Terms and Policies, you must cease your access to and use of the Site.

June 10, 2008