NJdialup.com exercises no control whatsoever over the content of the information passing through NJdialup.com's network. Use of any information obtained via NJdialup.com is at User's risk. Neither NJdialup.com nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does NJdialup.com make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY NJdialup.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER NJdialup.com NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability:
UNDER NO CIRCUMSTANCES SHALL NJdialup.com, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT NJdialup.com IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, NJdialup.com's LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRORATED TO REFLECT THE CURRENT TERM.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of NJdialup.com in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification:
Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold NJdialup.com, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by NJdialup.com, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify NJdialup.com in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and NJdialup.com shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

Age Limit:
User represents to NJdialup.com that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials:
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. NJdialup.com has no control over and accepts no responsibility whatsoever for such materials.

Prohibited Uses

NJdialup.com has no obligation to monitor the Service. However, User agrees that NJdialup.com has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. NJdialup.com will not intentionally monitor or disclose any private E-mail message unless required by law. NJdialup.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. NJdialup.com reserves the right to suspend access to the Service for User's account. The account's suspension may be rescinded within the sole and absolute discretion of NJdialup.com following payment of a reconnection charge, to be determined by NJdialup.com in its sole and absolute discretion.

Messaging:
User agrees to limit their use of the NJdialup.com service, specifically regarding the use of NJdialup.com's electronic (e-mail) services, to the following restrictions:

Unauthorized Use of Relay Servers:
User agrees that any unauthorized use of any e-mail server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.

Fraudulent Addressing:
User agrees that the purposeful distribution of any e-mail message where the return address, originator's address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any e-mail messages sent while using the NJdialup.com service.

Fraudulent Content:
User agrees to be held responsible for the distribution of fraudulent materials.

Spam:
Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.

Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.

Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").

Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS, RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF $200. NJdialup.com RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN PAYMENT OF NJdialup.com SERVICES, A ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR NJdialup.com SERVICE VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, NJdialup.com RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE ONE-TIME FEE OF $200 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO THE IMMEDIATE TERMINATION OF NJdialup.com SERVICES FOR VIOLATION OF ANY OF THESE TERMS.

Limitation of Dial-Up Services:
Although NJdialup.com advertises "Unlimited Access" in regards to some of it's Dial-Up services, there are several limitations applied. The sole purpose of these limitations are intended to limit the amount of unnecessary use of NJdialup.com services by any such User, which restricts overall NJdialup.com system availability for other such Users. These limitations apply only to Dial-Up access services offered by NJdialup.com.

Idle Time-out:
User agrees to have their online session automatically terminated after ten (10) minutes of consecutive inactivity. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the NJdialup.com service.

Minimum Reconnect Limit:
User understands they cannot log back onto the NJdialup.com system for a time period of one (1) minute following the termination of their previous online session, regardless of the reason for the previous session's termination.

Multiple, Concurrent Online Sessions:
User agrees to maintain no more than one (1) concurrent online session for each PPP/ISDN account purchased.

Dedicated Access Restrictions:
User agrees to not use the service as a dedicated connection. The determination of what a dedicated connection is shall be at the sole determination of NJdialup.com. Service is provided as an unlimited service provided that you may not use the provided connection as a dedicated connection.

ISDN Access Restrictions:
User agrees that for all ISDN Accounts that they will be limited to 300 channel hours of access per month. If the customer exceeds the 300 channel hour limit, there account will be temporarily disabled until the first of the next month.

Terms of Payment:

A credit card User agrees to allow NJdialup.com to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify NJdialup.com of any changes in credit card number or expiration date. If the card is not honored for any reason, NJdialup.com will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. NJdialup.com will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account will be subject to a setup fee of $10.00.

All accounts are set up on a prepay basis. All pricing is guaranteed for the term of prepayment. NJdialup.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies NJdialup.com at cancel@njdialup.com to request for termination of services. All payment is in US currency. NJdialup.com will bill each client $50 per returned check, per wire transfer received and per credit card chargeback received. All NJdialup.com accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at billing@njdialup.com should you wish to change your anniversary billing cycle.

NJdialup.com maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event NJdialup.com utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of NJdialup.com's attorneys' fees and costs in the collection of these sums.

NJdialup.com reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Right to Cancel:

NJdialup.com reserves the right to cancel Service for any reason without prior notice. Prepaid service is nonrefundable. Cancellations on or after the first of the month will be charged for that month. Cancellations must be made on or before the 24th of any given month to not be charged for the next month.

User must notify NJdialup.com via telephone, in writing, or via e-mail to cancel Service. Fees for any setup and monthly service charges placed by NJdialup.com are nonrefundable.

No Confidentiality:

Information transmitted through NJdialup.com and through the Internet in general is not confidential. NJdialup.com can not and shall not guarantee privacy or protection of any User. NJdialup.com reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of NJdialup.com.

Customer Information:

Unless required by court order, subpoena or other legal request, or upon the advice of counsel, NJdialup.com may publish User's name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies NJdialup.com to the contrary as provided above, NJdialup.com may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.

Nontransferable:

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service:

If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup:

NJdialup.com does not and will not perform system backups on any User's E-mail account(s). NJdialup.com shall not be held responsible for any lost E-mail data, e-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, NJdialup.com will not provide historical data, to any party for any reason, regarding any system or Internet activity.

NJdialup.com shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, NJdialup.com will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Server Abuse:

Any attempt to undermine or cause harm to a server, or customer, of NJdialup.com is strictly prohibited.

Unauthorized use of other people's accounts or computers. NJdialup.com will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a NJdialup.com customer, whether or not the attacked account or computer belongs to NJdialup.com, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Abuse of SMTP Mail Server:

We do not allow clients to send more than 200 pieces of e-mail per day. If you do send more than 200 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mail and they total more than 200 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server.

Failure to Comply With Terms and Conditions:
NJdialup.com may deny User access to all or part of the Service without notice if User engages in any conduct or activities that NJdialup.com in its sole discretion believes violates any of the terms and conditions in this Agreement. If NJdialup.com denies User access to the Service because of such a violation, User shall not have the right (1) to access through NJdialup.com any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through NJdialup.com, and NJdialup.com shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous:

User agrees to notify NJdialup.com if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to NJdialup.com.

In the event that any portion of this Agreement is held to be 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.

NJdialup.com's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

NJdialup.com may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

NJdialup.com takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

NJdialup.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of NJdialup.com.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming NJdialup.com as the defendant, shall be proper only in a venue determined by NJdialup.com.

In any action between NJdialup.com and User to enforce any of the terms of this Agreement, NJdialup.com shall be entitled to recover expenses, including reasonable attorney's fees.

Privacy Statement:
NJdialup.com follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.