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 billing@openix.com. 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 (1^st) 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.

Content

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.

Systems Abuse

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.

Domain Registrations

All domains registered through CrispNet are bound by the terms and conditions document posted online at: http://www.openix.com/domains/serverlicense.html
and
The Uniform Domain Dispute Resolution Policy document posted at: http://www.openix.com/domains/index.html

Dedicated Connections

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.

Proprietary Rights

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 below.

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 Agreement.

VI. WARRANTY

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 WARRANTY.

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 INTERNET GENERALLY.

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.

VII. INDEMNIFICATION

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 billing@openix.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 subscription.

IX. NOTICES

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 (1^st) calendar day following the date o electronic mailing, or on the fourth (4^th) calendar day following the date of the first-class mailing or deposit with a commercial courier service.

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