SNiP Commercial Dial-Up Internet Account Terms of Service
Effective July 25, 2008

1. The SNiP Commercial Dial-Up Internet Access Service ("SNiP Service"), as operated by Southern New Jersey Internet Providers Inc. ("SNiP") provides to an authorized member ("Member") a Dial-Up connection to the Internet. The SNiP Service is available to an authorized member through a Commercial Dial-Up Internet Account ("Membership"); it is accessible through a personal computer, or other access device and a communications connection (e.g. modem, telephone line).

2. CAREFULLY READ the terms of this agreement that governs your use of the SNiP Service. SNiP may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on the SNiP Home Page (http://www.snip.net), electronic mail, or conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership as provided in Section 18 below. Your continued use of the SNiP Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

3. SNiP grants to you ("Member") a non-exclusive, non-transferable right to access, use and display the SNiP Service on any machine(s) of which you are the primary user. Member may not, however, maintain access to the Service on more than one modem at any given time. For each billing month during which this provision is violated, Member agrees to compensate SNiP for the additional services received plus time and resources spent to track the violation. Member agrees to pay SNiP $25 per month for an unintentional violation of this provision, but where warranted, SNiP may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay SNiP $200 per month. SNiP at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent SNiP from seeking to obtain other legal remedies against member, including other damages or an injunction. SNiP Service is provided on an AS IS, AS AVAILABLE basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SNiP, ITS EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

4. You understand that except for information, products, or services clearly identified as being supplied by SNiP, neither SNiP, nor any of its affiliates, operates or controls any information, products or services accessible through the SNiP Service in any way and that, except for such SNiP identified information, services or products, all merchandise, information and services offered or made available or accessible through the Service are offered or made available or accessible by third parties who are not affiliated with SNiP or its affiliates. YOU EXPRESSLY AGREE that use of the SNiP Service is at your SOLE RISK and YOU AGREE that any information, service or product accessible through the Service is WITHOUT WARRANTIES OF ANY KIND BY SNiP AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5. Member may order and purchase merchandise or services from other Members and users of other communications outlets including the Internet. Member acknowledges that all transactions concerning third party ("Seller") merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member. SNiP makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. SNiP shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Member.

6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SNiP, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SNiP SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SNiP SERVICE including but not limited to reliance on any information obtained on the SNiP Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to SNiP's records, programs or services. YOU HEREBY ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT SNiP IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this PROVISION SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE SNiP SERVICE.

7. Member is responsible for all charges (e.g., telephone) associated with connecting to the SNiP Service through an available access number. The Dial-Up access number provided by SNiP to the Member is the phone number determined by SNiP’s database to be a local call for the Member. The Member is responsible for checking with their local phone company to ensure that the phone number is a local call for them. SNIP IS NOT RESPONSIBLE FOR PHONE CHARGES INCURRED WHILE USING THE SNIP SERVICE. Member is responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the SNiP Service.

8. Member certifies to SNiP that he/she is not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, Member agrees to provide SNiP with accurate, complete, and updated information required by the registration to the SNiP Service (Member Registration Data), including Member's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Member agrees to notify SNiP within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the SNiP Service.

9. Accounts/Charges/Payment.

1. This Agreement applies to all accounts, sub-accounts, alternative account names associated with Member's principal account. Each Member is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). A SNiP Service account may not be transferred without prior written approval from SNiP and is subject to any limits established by SNiP.

2. Member is responsible for maintaining the confidentiality of his/her/its passwords. Member is responsible for all activities and charges resulting from use of Member's principal account with the SNiP Service. Member agrees to pay all membership fees, surcharges, applicable taxes and other charges incurred by Member and/or his/her/its designated users. In the event of a breach of security, Member will remain liable for any unauthorized use of the SNiP Service until Member notifies SNiP by calling (888)764-7600.

3. Current rates for using the SNiP Service may be obtained by calling (800)764-7600 or through SNiP's Home Page at ("http://www.snip.net/ "). SNiP reserves the right to increase fees, surcharges, and membership fees or to institute new fees at any time. SNiP may reduce these fees at any time without notice to Member. If SNiP does not receive the full amount of Member's SNiP Service account balance within thirty days (30) days of the invoice date or billing date, the Member’s Membership will be suspended. If Member wishes to reinstate their Membership, the full amount of their outstanding balance plus a $10.00 reactivation fee shall be due and payable. If a Member does not wish to reinstate their Membership, all outstanding balances shall still be due and payable. Member shall also be liable for all attorney and collection fees arising from SNiP's efforts to collect any unpaid balance of Member's account(s).

10. YOU UNDERSTAND that information available to you through the SNiP Service may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. SNiP HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

11. Member recognizes that he or she is solely responsible for the content of any information Member makes available through the Service and that SNiP will not monitor the Service to examine the content passing through it. Member agrees that if SNiP is made aware of content that SNiP deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, SNiP has the right, but not the obligation, to remove or deny access to such content. Member expressly agrees that SNiP shall not be liable to Member for any action SNiP takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Member recognizes that SNiP's actions with respect to all such material may include restriction, suspension or termination of Member's access privileges and/or deletion of the objectionable material.

12. Material accessible to Member through the SNiP Service may be copyrighted. Except as expressly permitted by the copyright holder of the material, neither Member nor Member's designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any material which they access or receive through the Service.

13. Member expressly agrees not to use the SNiP Service in a manner that is prohibited by any law or regulation or to facilitate the violation of any law or regulation. Member further agrees not to use the Service in a manner that will disrupt third parties' use or enjoyment of the SNiP Service or other communications services and outlets. Member acknowledges that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, attempt to gain unauthorized access to the SNiP system or other third party computer systems and/or the data contained on the SNiP system or other third party system, impersonation of SNiP personnel, transmitting via e-mail, USENET, chat service or the Member's commercial web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET newsgroup, or e-mail list, that is off-topic according to the charter or other public statement of the USENET newsgroup, or e-mail list. Member also agrees not to use the Service to solicit other members to patronize competing services, not to violate or tamper with the security of the SNiP Service or attempt to utilize another member's account name or persona without authorization from that member. For any violation of this provision, Member agrees to pay SNiP $200 to compensate for the lost of goodwill such a violation causes, plus pay for any time and resources spent fixing any problems associated with the violation at a rate of $100 per hour, with a 2 hour minimum. Payment by member under this provision shall not prevent SNiP from seeking to obtain other legal remedies against member, including other damages or an injunction.

14. Member acknowledges that he/she/it is expressly prohibited from utilizing the SNiP service, SNiP's equipment or any SNiP electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the SNiP Service, SNiP's equipment or any SNiP electronic mail address.

A message is unsolicited if it is posted in violation of a USENET newsgroup, or e-mail list charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

Member specifically agrees that he/she/it will not utilize the SNiP Service, SNiP's equipment or any SNiP electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to 50 or more recipients or 15 or more USENET newsgroups in a single day. Member also agrees to honor any and all requests to not send unsolicited messages to a particular recipient or off topic postings to a particular USENET newsgroup, and to not attempt to conceal or falsify the identity of the sender of any messages or newsgroup postings. For each day upon which this provision is violated, Member agrees to pay SNiP damages to compensate for the lost goodwill such a violation causes. Member agrees to pay SNiP $10 per day for an unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, SNiP may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay SNiP $200 per day. SNiP at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent SNiP from seeking to obtain other legal remedies against member, including other damages or an injunction.

15. Member acknowledges that SNiP shall not maintain more than 10 MB of electronic mail storage per mail account for member and that Member is responsible for ensuring that the level of electronic mail storage remains below this 10 MB limit. Member expressly agrees that SNiP shall not be liable to Member or parties interacting with Member for any damages resulting from action SNiP takes to enforce this provision.

16. Member agrees that any commercial web page or site Member publishes in connection with the SNiP Service is intended for Member’s commercial use only. Web space allocated to Member may not be used to publish information for third party commercial endeavors. To ensure that all Members can use and enjoy the Service, Member agrees that SNiP is entitled to suspend or terminate access to any Member's web page or site if SNiP determines, that the page or site has, on any single day, received download traffic of five hundred megabytes (500,000KB) or more. Member expressly agrees that SNiP shall not be liable to Member or parties interacting with Member for any damages resulting from action SNiP takes to enforce this provision.

17. SNiP defines unlimited access as "interactive unmetered" access to the SNiP system. Member acknowledges that the SNiP service is intended for human interactive use of electronic mail, USENET newsgroups, file transfers via ftp, Internet relay chat, interactive games and browsing of the World Wide Web. Member agrees not to use the SNiP service on a standby, inactive, or unattended basis in order to maintain a connection. Automated electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or "pinging" the host are expressly prohibited. Member further agrees not to use the SNiP service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or web servers. Member agrees that SNiP may terminate member's connection following twenty (20) minutes of inactivity as determined by SNiP. SNiP will allocate system resources to provide the best possible service to all members. SNiP reserves the right to limit, restrict or prioritize access to system resources, including CPU time, memory and disk space. For each day upon which this provision is violated, Member agrees to pay SNiP damages to compensate for the lost goodwill such a violation causes. Member agrees to pay SNiP $10 per day for an unintentional violation of this provision, but where warranted, SNiP may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay SNiP $200 per day. SNiP at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent SNiP from seeking to obtain other legal remedies against member, including other damages or an injunction.

18. Member recognizes that this Agreement continues only for so long as the parties' mutually agree to continue it. Either Member or SNiP may terminate the Agreement and Member's Membership at any time for any reason or no reason. SNiP may also restrict, suspend or terminate, without notice, Member's access to and use of the SNiP Service upon any breach of this Agreement. In the event of any termination for breach of this Agreement, Member shall not establish, or attempt to establish, a new membership with SNiP without the express written permission of SNiP. If Member’s Membership is terminated for breach of this agreement, Member is still responsible for payment of any past due or accrued fees, charges, or penalties due to SNiP. Member's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of SNiP in operating the SNiP Service, any change in the content of the SNiP Service, or any change in the amount or type of fees charged in connection with the SNiP Service, is to terminate Membership by delivering notice to SNiP, effective the day SNiP receives notification of termination or any future date specified which is acceptable to SNiP. Upon termination of this Agreement, Member shall have no right (a) to access through SNiP any materials stored on the Internet or (b) to access any third-party providers of services, merchandise or information on the Internet through SNiP, and SNiP shall have no responsibility to notify such third-party providers nor shall SNiP have any responsibility for any damages that result from the lack of such notification.

19. Upon request of SNiP, Member agrees to defend, indemnify and hold harmless SNiP, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorneys fees, arising out of or relating to Member's use of the SNiP Service.

20. Interpretation and enforcement of this agreement shall be governed by the laws of the state of New Jersey (excluding its choice of law rules). Member consents to personal jurisdiction in the federal and state courts of Camden County, New Jersey for any action arising out of or relating to member's use of the SNiP Service. The federal and state courts of Camden County, New Jersey shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees.

21. This Agreement constitutes the entire agreement between you and SNiP with respect to the SNiP Service and supersedes all prior agreements between you and SNiP. SNiP's failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

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