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SERVICE AGREEMENT

• use the Internet wisely - it is a powerful tool and our service gives you full access to its capabilities
• do not use our service to do illegal things
• respect other Internet user's rights to use the Internet and to provide Internet service

This Service Agreement represents the complete Agreement and understanding between CNG Internet and you, the CNG Internet accountholder, and supersedes any other written or oral agreement pertaining to your CNG Internet  service. By using CNG Internet, you agree to be bound by and to comply with this Agreement, just as if you had signed it. Violation of any provision of this Agreement is grounds for immediate termination of your CNG Internet account.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF CNG Internet SO THAT WE MAY CANCEL YOUR ACCOUNT AND, IF APPROPRIATE, GIVE YOU A PRORATED REFUND.

CNG Internet may be contacted by email at service@cnginternet.com or by regular mail at:

CNG Internet, Inc
788 Shrewsbury Avenue
Tinton Falls, New Jersey 07724

CNG Internet reserves the right to modify the Service Agreement, and/or modify the prices of its services, as well as discontinue or change the services offered. A notification will be made by email when modifications are made, however, it will be the responsibility of the accountholder to keep informed about these changes. Your continued use of  CNG Internet's services following such notification will be deemed acceptance of the modification.

A.  Use of Services

1.  The subscriber agrees to use our service for lawful purpose, and in compliance with all applicable laws.  Unlawful activities include, but are not limited to, storing, distributing or transmitting any unlawful material through CNG Internet's services, attempting to compromise the security of any Internet account or site, or making direct threats of physical harm.

2. This Agreement defines the terms, conditions, and acceptable use for all types of accounts offered by CNG Internet whose "services" are defined as the use of computing, telecommunications, software, and information services provided by CNG Internet. These services also include the provision of access to computing, telecommunications, software, information services, news services and secure transaction processing  provided by others via the global Internet.

3.  CNG Internet will provide services to you in exchange for recurring payment or of subscription fees and full compliance with this agreement.

4.  CNG Internet reserves the right to discontinue any and all services to you at any time, without prior notice or liability, for any conduct which CNG Internet, in its sole discretion, believes violates this Service Agreement, or is otherwise harmful to CNG Internet's interests or the interests of other accountholders.

5.  To comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or its accountholders, CNG Internet reserves the right to access and disclose any information. This may include disclosing the usernames of accounts and other information to authorized legal entities. CNG Internet will fully cooperate with law enforcement authorities in investigating suspected lawbreakers, and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.

6.  When CNG Internet becomes aware of possible violations of this Agreement, CNG Internet may, in its sole discretion, choose to initiate an investigation. This investigation may include gathering information from accountholders and examining material on CNG Internet's servers. During investigations, CNG Internet may suspend accounts involved in a violation and/or remove the material involved from its servers. If CNG Internet believes, in its sole discretion, that a violation of this Agreement has occurred, it may temporarily or permanently remove material from CNG Internet's servers, warn the accountholder(s) involved, suspend or terminate the account(s) responsible, and take other responsive action. CNG Internet, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could also subject you to criminal or civil liability.

B.  Software and Hardware

1.  You are responsible for obtaining the Internet access required to connect your site to our network. You are responsible for ensuring that such equipment or service is compatible with CNG Internet's requirements.

2.  Any use of CNG Internet's scripts or software or third-party scripts or software distributed by CNG Internet is governed by the End-User License Agreement that accompanies such scripts or software. Use of such software indicates your acceptance of the terms therein.

C.  Third Party Rights

1.  Certain services performed by CNG Internet may require passing personal information about CNG Internet's accountholders to third parties. Services include, but are not limited to, registering information with the INTERNIC for those accountholders who wish to own their own Internet domain name. CNG Internet can not be held responsible for the lack of privacy that these third party entities may offer.

2.  CNG Internet reserves the right to obtain, lease and utilize the products and services of third party vendors in order to maintain services to it accountholders. Examples of services may include, but are not limited to, Internet connections, Internet servers, or any other product or service that CNG Internet deems necessary to maintain services to its accountholders.
 
D.  Account Guidelines

1.  The accountholder of record is responsible for all use of the account, with or without the knowledge or consent of the accountholder.

2.  Materials in the public domain (e.g., images, text and programs) may be downloaded or uploaded using CNG Internet's services. Accountholders may also re-distribute materials in the public domain. The accountholder assumes all risk regarding the determination of whether the material is in the public domain.

3. The accountholder is prohibited from storing, distributing or transmitting any unlawful material through CNG Internet's services. Examples of unlawful material include, but are not limited to, direct threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. The accountholder may not post, upload or otherwise distribute copyrighted material on CNG Internet's servers without the consent of the copyright holder. The storage, distribution, or transmission of unlawful materials could subject the accountholder to criminal as well as civil liability, in addition to account termination.

4.  The account holder may not store or distribute certain other types of material on CNG Internet's servers. Examples of prohibited material include, but are not limited to, material judged, at CNG Internet's sole discretion, as threatening, obscene, pornographic, profane, or material protected by trade secrets.  You may not distribute or store programs containing trojans, viruses or tools that compromise the security of other sites.  This also includes links or any connection to such materials.

E.  Passwords

1.  Each CNG Internet account user is responsible for the security of his or her password(s). Secure passwords are between 6 and 8 characters long, contain letters of mixed case and non-letter characters, and cannot be found in whole or in part, in normal or reverse order, in any dictionary of words or names in any language. The accountholder is responsible for changing his or her password(s) regularly.

2.  Subscribers may not share passwords with other individuals.

3.  CNG Internet's staff may monitor the security of accountholder's password(s) at any time. An accountholder with an insecure password may be directed to change the password to one which complies with the above rules. Account holders who repeatedly choose insecure passwords may be assigned a password by CNG Internet. Continued failure to maintain password security may be grounds for account termination.  

F.  System Security

1.  The accountholder is prohibited from utilizing CNG Internet's services to compromise the security or tamper with system resources or accounts on computers at CNG Internet or any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools or network sniffing tools.

2.  Repeated logons over a very short period of time (more than 6 logons in 5 seconds) will temporarily block account access.

3.  CNG Internet reserves the right to release the usernames of accountholders involved in violations of system security to system administrators at other sites, in order to assist them in resolving security incidents. CNG Internet will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

G.  System Resources

1.  CNG Internet will allocate system resources to provide all accountholders with the best service possible. As a part of resource allocation, CNG Internet may limit, restrict or prioritize access to system resources, including CPU time, memory, disk space, session length, and number of sessions.

2.  Additionally, CNG Internet may institute services and fees for accountholders who are interested in accessing system resources above and beyond acceptable usage.

3.  System abuse is defined as any use of CNG Internet's resources which disrupts the normal use of the system or Internet services for others. Examples of system abuse include, but are not limited to, attempting to disrupt the sessions of other Internet users, consuming excessive amounts of CPU time, memory or disk space, or otherwise affecting the performance of CNG Internet's servers.

H.  Prohibited Activities

Activities specifically prohibited by CNG Internet administration include, but are not limited to, the following:

1. Background and/or server-type applications:  Including, but not limited to, IRC bots, HTTP servers, MUDs, and any other process which was initiated by the user that continues execution on the system upon user logout.

2. Long-term storage of data: Long-term storage of data is referred to as the storage of files which are not used regularly in an account for an extended period of time. This specifically includes but is not limited to programs such as shareware programs which the user may download to their account for purposes of transferring to their home computer. Such programs should be removed at such time as they are successfully transferred to the user's personal system.

3. Flooding or abuse of other users:  Flooding is a fairly common occurrence on the Internet, and one which is dealt with strictly at CNG Internet. Flooding takes place in numerous ways, including but not limited to, ICMP flooding, mail bombing (sending large amounts of e-mail repeatedly to a person for purposes of harassment), mass mailings to multiple addressees, msg/CTCP flooding on IRC, as well as other, less common methods.

4. Attempts to bypass resource usage limitations:  In order to provide fair service to all CNG Internet users, CNG Internet has implemented certain resource limitations, the two most common being disk quotas on the servers, and bandwidth. Attempts to bypass disk usage quotas by any means may result in immediate loss of system privileges.

5. PPP/SLIP Emulation software: Since PPP/SLIP is a product offered by CNG Internet, users desiring such access are required to sign up for that service rather than attempting to emulate it by software. Any such software will be removed from the user’s account by CNG Internet immediately when found. All software provided by CNG Internet to Subscribers are copyrighted by CNG Internet and may not be tampered with, decompiled or reverse engineered.

6. Excessive use of system resources: For system purposes, this can be defined as the continued use of programs or commands which take a large amount of system resources, be that processor time, network bandwidth, and/or drive space on the host system.

I.  Web Page Publishing Guidelines

1.  The accountholder is solely responsible for the content of Web pages owned by the account.

2.  CNG Internet will investigate complaints regarding inappropriate material on Web pages hosted on CNG Internet's servers and may, in its sole discretion, require that the material be removed or take action as outlined in section A.6 above. Criteria for determining whether a page is inappropriate include, but are not limited to, the system resources consumed by the page and applicable laws.

3.  Your account may be subject to additional fees depending on the total web transfers or "hits" to your account. The exact details of this rule depend on the type of account and are set forth in the account service features list located on the CNG Internet web site at http://www.cnginternet.com.

4.  Some individuals occasionally choose to put content on their pages which draws a large number of hits to their pages and thus degrade performance for other users' pages.  Due to this, CNG Internet has had to implement certain limitations on the amount of traffic an individual user's web-site can receive.   Typically a web-site can safely receive around 4,000-5,000 hits per day and/or transfer under 20-25 megs per day without causing excessive load on the host system.  Sites generating more than this are considered high traffic sites and must be approved by CNG Internet administration.

J.  Email Use

1.  CNG Internet will investigate complaints regarding email and may, in its sole discretion, take action based on the rules below. If an email message is found to violate one of the policies below, or to contain unlawful material, as described in section D above, CNG Internet may take action as outlined in section A.6  above.

2.  CNG Internet accountholders may not send email to any user who does not wish to receive it. CNG Internet recognizes that email is an informal medium; however, accountholders must refrain from sending further email to a user after receiving a request to stop.

3.  Unsolicited advertising mailings, whether commercial or informational, are strictly prohibited. CNG Internet accountholders may send advertising material only to addresses which have specifically requested it. CNG Internet will not forward mail of accounts terminated for bulk mailing or unsolicited advertising.

4..  CNG Internet accountholders may not send, propagate, or reply to mailbombs. Mailbombing is defined as either emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent.

5.  Pyramid/Money-Making schemes (MMF, or Make Money Fast Scams), i.e. activities such as the transfer of information or solicitation of persons via the Internet in an attempt to extort money or other valuables, or the use of pyramid/chain letters are all illegal, and are prohibited.

6.  CNG Internet accountholders may not alter the headers of email messages to conceal their email address or to prevent others from responding to messages.

7.  Violations of the CNG Internet policies outlined in this document can sometimes result in massive numbers of email responses. If a CNG Internet's account holder receives so much email that CNG Internet's resources are affected, CNG Internet staff may shut down the accountholder's mailbox.

K.  Pirated Software

1. Pirated software is defined as the illegal exchange of software via the Internet for purposes of avoiding the purchase of said software by the individuals involved.  This includes most commercial applications such as Adobe Photoshop, Illustrator, etc.  Such activities are prohibited by Federal law and are thus not allowed in any form on our servers.  Such prohibition also includes the unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books, or other copyrighted sources and copyrighted software.  The exportation of software or technical information in violation of U.S. export control laws is strictly prohibited.

L. Payment of fees

1.  Please consult the "Billing Agreement" that is part of this agreement.

M. Cancellation of Accounts

1.  To cancel your account, you must contact CNG Internet via email or postal mail. Cancellation requests will be processed as outlined in the "Billing Agreement" that is part of this agreement.

N.  "As Is" Services; Limitation of Liability, Indemnification

1. "As Is" Services. You acknowledge that CNG Internet's services are provided "as is". CNG Internet, its employees, agents, suppliers, vendors and distributors make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information available on its systems, or residing on or passing through its interconnecting networks, or that CNG Internet's services will be uninterrupted or error free. CNG Internet expressly excludes any implied warranty of merchantability or fitness for a particular purpose to the fullest extent possible by law.

2.  Limitation of Liability. Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to this Agreement or your use of or inability to use CNG Internet's services, other than for payment of fees due under Section D and for indemnification under section F.3, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. Use of information obtained from or through CNG Internet is at your own risk. Under no circumstances will CNG Internet be liable to you or any other person for any loss or damage caused by reliance on data or information available from or on CNG Internet's services and systems.

3.  Indemnification. You agree to waive and hold CNG Internet harmless from any claims relating to any action taken by CNG Internet as part of its investigation of a suspected violation of this Agreement or as a result of its conclusion that a violation of this Agreement has occurred. This means you cannot sue or recover any damages whatsoever from CNG Internet's decision to remove material from its servers, warn you, suspend or terminate your account, or take any other action during the investigation of a suspected violation or as a result of CNG Internet's conclusion that a violation has occurred. This waiver applies to all violations described in the Service Agreement.

In any case, CNG Internet's entire liability under or arising out of this Agreement shall be limited to the amount you paid for the service in the twelve (12) months prior to the act or injury that gave rise to the liability. However, some jurisdictions may not allow a limitation on liability for negligence that causes death or personal injury, and CNG Internet limits its liability in such jurisdictions only to the degree allowed by the applicable laws.  

4. Indemnification. You agree to defend, indemnify and hold CNG Internet harmless from any claims, losses and damages, including attorney's fees, resulting from your violation of any provisions of this Agreement or your placement of transmission of any materials or content onto CNG Internet's servers, or from any and all use of your account, with or without your knowledge or consent.

O.  Miscellaneous

1.  This agreement will be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles, and the parties' consent to exclusive personal jurisdiction of and venue in court of competent jurisdiction located in Essex County, New Jersey.

2.  Section L and your obligation to pay amounts due under this Agreement will survive termination of this Agreement.

3.  If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to effect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect.

I have read and understood the Terms and Conditions for service provided by CNG Internet, and agree to abide by them.
 

Authorized Signature:____________________  Title:___________________

Authorized Name (PRINT):________________________________________