SNiP Personal Dial-Up Internet
Account Terms of Service
Effective July 25, 2008
The SNiP Personal 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 Personal 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).
CAREFULLY READ the terms of this
agreement which 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).
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.
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.
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.
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.
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.
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.
Accounts/Charges/Payment.
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.
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.
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, 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).
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.
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.
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.
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 personal 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.
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 which 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.
Member acknowledges that SNiP shall
not maintain more than 10 MB of electronic mail storage 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.
Member agrees that any personal web
page or site Member publishes in connection with the SNiP Service is intended for personal
use. While other uses are not prohibited, they may draw sufficient third party visits
("Hits") to the page or site so as to impose a burden on the Service by reducing
available bandwidth. 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 fifty megabytes (50,000KB) 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.
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.
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:
to access through SNiP any
materials stored on the Internet or
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.
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.
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.
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.
rev 07250801