AUP:

Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies to are designed to protect the best interests of our customers as a whole. NJIIX's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.

As used in this agreement, "Service" means the provision of bandwidth for the transmission of data to and from the Internet through the Network, as further defined in this Agreement and in the Quotation of Services (Quote(s)"). "Network" means the network of routes, switches and communication channels that are owned or controlled by NJIIX. Customer and NJIIX may enter into subsequent Quote(s), which will automatically become part of this Agreement. "NJIIX Equipment" means all computer equipment, software, networking hardware or other materials belonging or furnished by NJIIX. Additional terms are defined in the NJIIX Terms and Conditions, below. NJIIX will begin installation and Service only after it receives and accepts: 1) the quote, 2) this agreement signed by a Customer authorized representative, and 3) the initial payment for services.

Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, NJIIX does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.

1. Authorization of Charges

NJIIX will bill Customer monthly in advance for committed bandwidth and monthly in arrears for any additional bandwidth used above the committed bandwidth billed in the prior month. Additional bandwidth will be billed in 0.1 (tenth) Mbps increments. "Bandwidth Fees" is defined as charges for usage of bandwidth provided under this Agreement as set forth in the Quote. Billing for monthly Service Charges will begin on the earlier of: (a) The Installation Date, which shall be thirty (30) business days after the Effective Date set forth above or (b) the date that the Customer places Equipment in NJIIX premises. If, however, Customer is unable to use the Services commencing on the Installation Date due solely to delays caused by and within the reasonable control of NJIIX, then the date on which the monthly Service Charges billing begins will be extended by one day for each such day of delay.

1.1 Payment

All Service Charges and other fees will be due in US dollars within thirty (30) days of the date of the invoice. Late payments will accrue interest at a rate of one and one-half percent per month or the highest rate allowed by applicable law, whichever is lower. If payment is returned to NJIIX with insufficient funds, Customer is considered to not have paid and subject to a returned check charge of $25 and may be terminated for Nonpayment.

1.2 Bandwidth Measurement

Bandwidth usage will be calculated by NJIIX using the 95th percentile of samplings taken at 5 minute intervals on a monthly basis. Samples are taken by NJIIX via SNMP from the NJIIX switch or router port Customer is directly connected to and are the greater of input or output bits per second. 95th percentile is determined by sorting the sample data from smallest to largest and discarding the top 5 percent, with the remaining largest designated as the 95th percentile.

1.3 Address Space

NJIIX will assign IP addresses to Customer based upon ARIN guidelines and at an additional fee unless otherwise stated in Quote. Addresses assigned to Customer by NJIIX may only be used while a NJIIX customer. If Customer has a valid address allocation from ARIN, RIPE, or APNIC, Customer may request NJIIX to announce it via BGP at no additional charge.

2. Content Restrictions

All services provided by NJIIX may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.

NJIIX reserves the right to suspend any client which violates section 2 of our Terms Of Service depending on the nature of the violation and availability of the Customer. NJIIX, in its reasonable discretion, may re-enable the Service upon satisfaction that all violations have ceased and with adequate assurance that such violations will not occur in the future.

3. Spam Policy

NJIIX servers, ip space or network resources may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary or reply-to address in any of the above.

NJIIX considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.

The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. NJIIX is the sole arbiter as to what constitutes a violation of the above provisions.

4. Server Abuse

Any attempt to undermine or cause harm to a NJIIX server or another NJIIX Client is strictly prohibited.

Any attempt to undermine any NJIIX web site or a web site of another NJIIX Client is strictly prohibited and may result in immediate termination of services rendered by NJIIX without refund. NJIIX is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implemented for intentional server abuse.

5. Indemnification

Client agrees that it will defend, indemnify, and hold harmless NJIIX from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against NJIIX, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.

The Client agrees that it will defend, indemnify, and hold harmless NJIIX against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with NJIIX's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from NJIIX's servers.

NJIIX assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.

6. Disclaimer

NJIIX will not be held responsible for any damages you or your business may suffer. NJIIX makes no warranties of any kind, expressed or implied, for services rendered. NJIIX disclaims any warranty or merchantability or fitness for a particular purpose. NJIIX assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. NJIIX will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from NJIIX.

7. Term

The term of this Agreement will continue until a notice of cancellation by NJIIX or Client is given, or until terminated under other provisions of this Agreement. NJIIX reserves the right to terminate this Agreement with cause upon notification to the Client. NJIIX may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by NJIIX to implement this Agreement is disrupted or terminated for any reason.

8. Amendments

These policies can be modified or changed by NJIIX. NJIIX will inform client of any major policy changes. Please check from time to time for policy changes.

9. Presumption of Agreement

By signing up with NJIIX, be it using NJIIX's online sign up form or contacting in any way an employee, officer, agent, and director with request for NJIIX to provide Client services, Client (1) authorizes NJIIX to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.

11. Default

In the event Client defaults in any provision or fails to perform pursuant to this Agreement, NJIIX will be entitled to damages, costs, and attorney's fees from the Client.

10. Invalid or Non-enforceable Provisions

The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.

11. Choice of Law / Venue

This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ.


12. Email/Mailing List Policy

1) Mailing lists must be double opt in lists.
2) Messages must have clear removal instructions and valid headers.
3) Removal requests must be completed with in 48 hours.
4) Details on opt-in trail must be provided to NJIIX on our request.
5) Excessive complaints may result in account termination.
6) NJIIX reserves the right to charge $100 fee for NJIIX owned IPs which are blacklisted due to failing to adhere to NJIIX policies.

All abuse complaints must be responded to no later than 72 hours after the complaint is made. Failure to reply may result in account suspension or termination.