CrispNet Terms and Conditions Agreement
The CrispNet Terms and Conditions Agreement is a legal document that details your
rights and obligations as a CrispNet subscriber. You cannot become a CrispNet subscriber
until you have accepted this Agreement. The Terms and Conditions Agreement provides very
important information about CrispNet subscription, so all new and existing subscribers
should take the time to read and understand it.
The Internet and online world is changing rapidly and as technology and CrispNet 's
business continue to evolve, these policies may have to be updated or revised. By
subscribing to CrispNet and accepting the Terms and Conditions Agreement you agree that
CrispNet may change the terms of this Terms and Conditions Agreement, including charges
and billing payment procedures. If CrispNet makes material changes or revisions to the
Terms and Conditions Agreement, we will provide notice to you thirty days in advance. If
you don't agree to the changes proposed by CrispNet, or to any of the terms in Agreement,
your only remedy is to cancel your CrispNet subscription. By continuing to use the
CrispNet service after the notification of any such changes, you will be deemed to have
accepted those changes and reaffirmed your acceptance of the modified Terms and Conditions
Agreement in its entirety.
I. INITIAL REQUIREMENTS
To become a CrispNet Subscriber, you must certify to CrispNet that you are at least 18
years of age. By accepting this Agreement, you represent that you meet this age
requirement. Minors who use the Service are assumed to have parental or guardian consent
to do so.
You agree to provide CrispNet with accurate and complete billing information including
your legal name, address, and telephone number. All changes to this information must be
reported to CrispNet within 30 days of the change.
By accepting this Agreement, you agree that you are responsible for all charges posted
to your account until you cancel the account as provided in Section VIII.
II. CHARGES AND BILLING
If you have questions concerning CrispNet's billing practices, you may contact a
customer service representative by telephone at 732-885-0808 or by email at firstname.lastname@example.org.
If you don't like the changes in fees or billing methods, you may cancel your subscription
at any time, as provided in Section VIII.
Some Web sites charge separate fees, which are not included in the cost of your
CrispNet membership. CrispNet provides access to a large number of third-party vendors,
who provide content, goods and or services on the Internet. Any separate charges or
obligations you incur in your dealings with these third-parties are your responsibility
and are not part of the fee charged for your CrispNet subscription.
For most billing plans we will be charging your designated credit card every month, in
advance, for the following month's subscription charge. Payments for all charges are due
by the first (1st) day of the next billing cycle. Every time you use CrispNet,
you re-affirm that CrispNet is authorized to charge your credit card.
For billing plans for which payment is to be made by check, payment is due fifteen (15)
days after the date of invoice. If a check is returned for insufficient funds, you will
incur an additional $20.00 service charge.
CrispNet will consider your account delinquent two (2) weeks after the date when
payment was due. Delinquent accounts will put be on "accounting hold" and may
not be used until payment in full is received by CrispNet. Accounts that are delinquent
for one month will automatically have their files archived. If your account is canceled
or placed on accounting hold for non-payment, you must continue to pay your monthly
account charges. Only your written request via email, fax or regular mail to terminate
your account will relieve you of your obligation to pay your monthly account charges.
If your account incurs charges which are denied by your financial institution, CrispNet
reserves the right to re-bill for those charges, regardless of your account status.
You agree to pay all sales and use taxes, duties, or levies which are required by law.
You are responsible and liable for any fees, including attorney and collection fees,
that CrispNet may incur in its efforts to collect any remaining balances from you. You
also agree that you will be billed for and will pay any outstanding balances if you cancel
your membership or are terminated.
CRISPNET HAS AN EXTENSIVE NETWORK OF ACCESS PHONE NUMBERS THROUGHOUT ITS SERVICE AREA,
BUT LOCAL ACCESS DIAL-UP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. CRISPNET IS NOT
RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE
SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND
LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO
ACCESS THE SERVICE THROUGH YOUR ACCOUNT. SINCE THESE CHARGES ARE YOUR RESPONSIBILITY, YOU
SHOULD CONTACT YOUR LOCAL TELEPHONE COMPANY IF YOU HAVE A QUESTION ABOUT WHETHER A
CRISPNET ACCESS NUMBER IS A LONG DISTANCE OR TOLL CALL FROM YOUR LOCATION.
III. ONLINE CONDUCT AND CONTENT AND USE OF THE SERVICE
You are responsible for maintaining the confidentiality of passwords used by you or
members of your household or your employees.
You are responsible for all charges assessed as a result of the use of your account.
However CrispNet will not hold you responsible for charges attributable to an unauthorized
user's access to your account without your permission, provided that you notify CrispNet
within 24 hours of discovering any such unauthorized use and the unauthorized use is not
attributable to the failure of any authorized user to exercise reasonable efforts to
maintain the confidentiality of the account or password.
Except for any software provided by CrispNet, you are responsible for providing and
maintaining all equipment and other software necessary to access CrispNet.
As a CrispNet subscriber, you acknowledge that CrispNet's un-metered dial-up account
plans are intended for periodic, active use of Internet access. You further agree not to
use the service on a standby or inactive basis in order to maintain a connection. CrispNet
reserves the right to log off user sessions depending on factors such as user usage and
system resources available at the moment. CrispNet prohibits the use of tools that defeat
CrispNet's automatic idle log-off feature.
You will not use CrispNet or permit others to use CrispNet through your account in any
way that violates any law or regulation; subjects CrispNet to liability; or is in
contravention of this Agreement. You agree to comply with all CrispNet security procedures
and standards and to be bound by the terms and conditions of the End User License
Agreement for any software provided to you.
Keep in mind that CrispNet is not responsible for content available on the Internet,
although we reserve the right to block access to any Internet area containing illegal or
other harmful content or otherwise being used for purposes that are unlawful or injurious
to CrispNet or its members.
THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU OR OTHERS ACCESSING THE SERVICE THROUGH YOUR ACCOUNT. YOU ACCESS SUCH
MATERIALS AND PERMIT OTHERS TO ACCESS SUCH MATERIALS THROUGH YOUR ACCOUNT AT YOUR OWN
RISK. CRISPNET HAS NOT CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS.
Unsolicited Bulk E-mail and SPAM
Your CrispNet membership allows you to send and receive e-mail to and from other users
of the Internet. You may not use CrispNet to send unsolicited bulk e-mail or junk e-mail and you agree not to post or cross post, regardless of content, the same message to 20 or more
newsgroups (spamming). Any violation of this provisions will subject your CrispNet account
to immediate termination and launch of legal proceedings to collect damages for breach of agreement.
You agree not to abuse CrispNet 's system, or any other system accessible through the
Internet via CrispNet, by causing any harm to the system so that it inhibits other users
ability to effectively use the system. You further agree not to compromise or attempt to
violate security at CrispNet's or elsewhere, including but not limited to attempted access
of any data, server, or account that you are not expressly authorized to access.
All domains registered through CrispNet are bound by the terms and
conditions document posted online at:
The Uniform Domain Dispute Resolution Policy document posted at:
Subscribers with 24 hour dedicated internet connection are subject to
security risk and are strongly advised to use firewall solutions to
protect their network from intruders. Sustained bandwidth throughput will be
typically much lower than the peak interactive bandwidth usage and
subscribers may not use constant sustained bandwidth utilization without
prior approval from CrispNet.
Disclosure of Customer Information to Third Parties
CrispNet has no obligation to monitor its Subscribers' usage of its system but may do
so and may disclose information regarding your use of the Service to satisfy laws,
regulations or governmental requests, to operate the Service properly, and to protect
itself and its subscribers.
Much of the content available on the Internet is owned by others, and is protected by
copyrights, trademarks, and other intellectual property rights. It is very easy to copy
things in cyberspace, but just because it is easy doesn't mean it is acceptable or legal.
Any content that you upload or download while using the service must be authorized; this
means you must have the legal right to upload or download the content. You must not copy,
transmit, modify, distribute, show in public or in private or create any derivative works
from any of the content you find on the Internet, unless you have the legal right to do
so. Making unauthorized copies of any content found on the Internet can lead to the
termination of your CrispNet account and may even subject you to further legal action
beyond the termination of your subscription. Similarly, other content owners may take
criminal or civil action against you. In that event, you agree to indemnify and hold
harmless CrispNet and its subsidiaries, affiliates, related companies, employees,
officers, directors and agents.
IV. CRISPNET DESIGNED WEB PAGES
You hereby acknowledge that all right, title and interest in and to the final
version(s) of all art and design work for web pages designed and produced by CrispNet,
including, without limitation, all worldwide copyrights and other proprietary rights
therein, shall belong exclusively to CrispNet and neither you, nor any third party shall
retain any right, title or interest therein. Notwithstanding the foregoing, CrispNet gives
you a non-exclusive, non-assignable right and license to use such design and artwork in
your website(s); however, rights to photos, graphics, source code, work-up files computer
programs, Trademarks, service marks, and logos are specifically not transferred to you,
and remain the property of CrispNet and/or their respective owners. You also acknowledge
that CrispNet retains the right to display graphics and other web design elements created
by it, as examples of its work in its portfolios.
Any subscriber who submits material, including, but not limited to, any elements of
text, graphics, photos, designs, trademarks, or other artwork, to CrispNet for inclusion
in a website produced by CrispNet shall unconditionally warrant that such submitting
subscriber has all rights necessary to submit such material and that the use of such
material by CrispNet will not infringe any other party's rights. By making such a
submission, you also agree to indemnify and hold harmless CrispNet from any suit or claims
arising out of CrispNet's inclusion of such material in a website as detail in Section VII
V. CRISPNET SOFTWARE LICENSES
CrispNet grants to you a non-exclusive, limited license to use CrispNet software to
connect to CrispNet from authorized locations in accordance with this agreement. You may
not modify CrispNet software or use it in any way not expressly authorized by this
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICE AND THE INTERNET BY
YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. CRISPNET DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE
VIA THE INTERNET IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
CRISPNET MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE,
INFORMATION OR SERVICE PROVIDED THOUGH CRISPNET OR ON THE INTERNET GENERALLY. NO ADVISE OR
INFORMATION GIVEN BY CRISPNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A
CRISPNET SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY
FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVISE, SERVICES, AND OTHER INFORMATION, AND
THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE
CRISPNET PROVIDES THE CRISPNET SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT
GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO ACCESS OR USE THE SERVICE AT TIMES OR LOCATIONS
OF THEIR CHOOSING, OR THAT CRISPNET WILL HAVE ADEQUATE CAPACITY FOR THE SERVICE AS A WHOLE
OR IN ANY SPECIFIC GEOGRAPHIC AREA.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH CRISPNET IS THE CANCELLATION
OF YOUR ACCOUNT AS DETAILED BELOW IN SECTION VIII.
UNDER NO CIRCUMSTANCES SHALL CRISPNET, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
THAT RESULT IN ANY WAY FROM ANY USE OF YOU ACCOUNT OR THE SERVICE OF YOUR INABILITY TO USE
THE SERVICE, ACCESS OF THE INTERNET OR ANY PART THEREOF, OR YOUR 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, OR ANY FAILURE OF PERFORMANCE.
Upon a request by CrispNet, you agree to defend, indemnify and hold harmless CrispNet
and its affiliated subsidiaries, employees, contractors, officers, directors,
telecommunications providers and content providers from all liabilities, claims and
expenses, including attorneys fees, that arise from a breach of this Terms and Conditions
Agreement for which you or anyone authorized by you to have access to your account are
responsible or from your (or anyone authorized by you to use your account) use of CrispNet
or the Internet. CrispNet reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by a Subscriber. In
that event, the subscriber shall have no further obligation to provide indemnification for
CrispNet in that matter.
VIII. TERMINATION AND CANCELLATION
Either you or CrispNet may terminate or cancel your subscription at any time. You
understand and agree that the cancellation of your account is your sole right and remedy
with respect to any dispute with CrispNet. This includes, but is not limited to, any
dispute related to, or arising out of: (1) any term of this Terms and Conditions Agreement
or CrispNet's enforcement or application of this Agreement; (2) any policy or practice of
CrispNet; (3) the content available through Internet; (4) your ability to access and/or
use CrispNet; or (5) the amount or type of fees, applicable taxes, billing methods, or any
change to the fees, applicable taxes, or billing methods.
You can cancel your subscription by delivering email notice to CrispNet's Customer
Service Department at email@example.com, or by sending your cancellation request via US
Mail to: CrispNet, 200 Centennial ave, Suite 120, Piscataway, New Jersey 08854. CrispNet
reserves the right to collect fees or costs incurred before you cancel your CrispNet
CrispNet may provide notice to you by Electronic Mail (email) or by US mail or courier
service at the address you provided CrispNet when you registered for service. All notices
and other communications to you shall be deemed effective on the first (1st)
calendar day following the date o electronic mailing, or on the fourth (4th)
calendar day following the date of the first-class mailing or deposit with a commercial
X. LAW AND LEGAL NOTICES
The Terms and Conditions Agreement represents your entire agreement with CrispNet and
shall supersede all prior written or oral discussions, agreements or information. Except
as explained above in the second paragraph of this agreement this Agreement may only be
changed in writing, by email or regular mail, signed or sent by the party to be bound. If
any part of this Agreement is held invalid or unenforceable, that portion shall be
construed in a manner consistent with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the remaining portions shall remain in full
force and effect. The laws of the State of New Jersey govern this Agreement and your
subscription. You expressly agree that exclusive jurisdiction for any claim or dispute
with CrispNet or relating in any way to your membership or your use of CrispNet resides in
the courts of New Jersey and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of New Jersey in connection with any such dispute
including any claim involving CrispNet or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers and content providers.
You agree to abide by U.S. and other applicable export control laws and not to
transfer, by electronic transmission or otherwise, any content or software subject to
restrictions under such laws to a national destination prohibited under such laws, without
first obtaining, and then complying with, any requisite government authorization. This
assurance and commitment shall survive termination of this agreement.
Last modified: 1/10/2000