Selling/promoting on a free website. Is this unethical?

[fmctm1sw]

I got a free 10MB homepage with my DSL account. I want to advertise my VHS -> DVD gig here where I'm stationed. I also have a fairly lucrative import video game sales gig too. This is what the web page agreement says:

Home Page User Agreement

JENS Corporation (hereinafter called "the Company") will provide User Home Page Service (hereinafter called "the Service") in accordance with the Service's Agreement (hereinafter called "the Agreement") to JENS Corp. Internet Access Service customers.

Article 1. (The Service)

The Service provides disk space for WWW content to JENS Corp. Internet Access customers.

The disk space provided to each customer is 10Mbytes.

The Service falls under the Jurisdiction of Japanese Law. (As a service member you are also governed by U.S. law and the UCMJ.)


Article 2.(The Customer)

The Customer is someone who has applied and been accepted for service, according to the procedure outlined in this Agreement.


Article 3.(Application for Subscription)

Any Customer who wishes to apply for the Service must apply in accordance with the articles of this Agreement.

The Company will assign the Customer a special ID upon successful application.

The Company recognizes the Customer through provisioning of the ID.

The contract between the Company and the Customer comes into effect upon providing the Customer with an ID.


Article 4.(Scope of this Agreement)

This Agreement applies to the Customer who uses the Service.

The Company reserves the right to change this agreement without approval from the Customer. Any changes to the Agreement will apply equally to all Customers.

The Company will give prior notification of any changes to the Agreement and provide an electronic copy of the new Agreement should any changes occur.


Article 5.(Changes in items in the agreement etc.)

If there is any change in the Customer's name, address, credit card used for payment, or other items mentioned in the JENS Corp. Internet Access Service agreement, the Customer shall promptly notify the Company of the change by the method described in the JENS Corp. Internet Access Service agreement.

The Company accepts no responsibility for losses incurred as a result of failing to notify the Company of changes in the aforementioned information in Articles 5.1.


Article 6. (Privacy)

The Company will not inspect or censor the contents of a Customer's Homepage, however the Company will cooperate with any lawful request from the proper authorities relating to a Customer's Homepage, or network service.


Article 7.(Prohibited Actions)

The following acts are prohibited and will result in immediate termination of the Service.

Acts which will, or are likely to, disrupt the Company's network services.

Assigning the ID to a third party by the Customer.

Acts in violation of Japanese law including but not limited to.

Infringing on a copyright of another Customer, a third party, or the Company.

Slandering or abusing another Customer, a third party, or the Company.

Damaging the interests of another Customer, a third party, or the Company.

Acts contrary to public order or decency;


Article 8.(Termination of Service)

Without warning, the Company reserves the right to delete the content of any user's homepage which violates Article 8 of this Agreement.

The Company will not be held liable for retaining content deleted in accordance Article 9.1 of this Agreement.

The company reserves the right to delete the ID of any Customer when deemed necessary by the Company with prior notification.


Article 9. (Cancellation of Service by the Customer)

To terminate this Service, the Customer shall notify us, by the prescribed method. Upon receipt of the termination request, we will delete the Customer's homepage ID and the contents.

After canceling the Service, the Customer may not subscribe again within 30 days.(You will have to wait 30 days to resubscribe)

When the Customer terminates JENS Corp. Internet Access services, the Company will automatically remove the User Homepage Service ID and contents.


Article 10 (Terms and Conditions)

Except for negligent acts of the Company, resulting in not being able to use the service consecutively for more than 24 hours, the Company shall have no liability to the Customer whatsoever, for any claim or loss. The Company's entire liability for any claim or loss, damage or expense from any cause whatsoever shall in no event exceed the monthly service fee of the Service. This clause shall survive any failure of any exclusive remedy.

The Company is not liable for the accuracy, integrity, or usefulness of the information obtained or posted by any Customer of the Service.

The Company does not assume any responsibility for any damage that the Customer may suffer from the use of the Service.

If the Customer causes any damage to another Customer, or a third party, through the use of the Service, the Customer shall settle the matter on the Customer's own responsibility and at the Customer's own expense and shall inflict no damage or trouble on the Company.


Article 11 (Service Outages/Performance)

Cases in which suspending the provision of the Service cannot be avoided in performing maintenance or other work on our telecommunications facilities, the Company will notify the Customer beforehand.

If a natural disaster, a public incident, or any other emergency causes such a sharp increase in communications demand that the Company cannot connect all communications, the Company may restrict or suspend the provision of JENS Corp. Internet Access Service in order to give priority to communications that need to be handled preferentially in the public interest.

I don't see anywhere in the prohibited action part about selling or advertising. But is this ethical? Legal?

[jimmalenko]

I don't see anything wrong with using your webspace as you wish according to those Terms & Conditions.