The phrase "MT" refers to Monmouth Telecom Corp. The phrase "subscriber" refers to the person or entity accepting this contract.
This agreement shall take effect upon account activation request by the subscriber and shall remain in acceptance by MT as evidenced by activation of the subscriber's account. The agreement shall remain in effect thereafter and be automatically renewed until terminated by written notice from the customer, to be received at least 5 business days prior to the last day of the month, 3 months, or yearly contract or maybe charged for additional month.
Subscriber expressly agrees that the use of MT software and the Internet are at members sole risk. MT software, and the Internet are provided "AS IS" .
Charges for access must be paid in advance. Payment for existing accounts must be received five (5) business days prior to the expiration date of the account in order to insure uninterrupted access to your account. If payment is not received within five (5) business days, MT reserves the right to charge the subscriber a $20.00 reactivating charge. Returned checks are subject to a charge of $25.00. Delinquent accounts are subject to a reasonable collection and legal fees as well as interest accrued at 1.5% per month, or the state legal limit, whichever is lower. Credit card subscribers agree to pay all billed amounts according to the card issuer agreement until the subscriber cancels the account in writing or discontinues credit card billing.
Either you or MT may terminate your membership at any time. Your membership fees are payable in advance and are not refundable in whole or part. You can terminate your membership by delivering notice to MT. All account cancellation should be done in writing via US Mail to: Monmouth Telecom Corporation, PO Box 8656, Red Bank, NJ 07701 or faxing it to (732)704-1180. Your termination will take effect within a reasonable time after MT Corporation receipt of your notice.
It shall be the responsibility of the subscriber to keep MT informed of a valid mailing address to which the notices can be sent.
PPP service users agree that they will use the service only to connect a single personal computer to the network. Violation of this will result in suspension of the service without refund.
You are responsible for all charges associated with connecting to MT. YOU AGREE THAT ANY TELEPHONE CHARGES INCURRED ARE YOUR RESPONSIBILITY. You should check with the local phone company to determine whether any specific access number is a local call.
MT will have twenty (20) minutes inactivity time outs on all non dedicated accounts and customers agree not to use artificial means to defeat these time-outs.
Monmouth Telecom defines Unlimited Internet Access as "Unlimited attended interactive operation of a computer while connected to Monmouth Telecom".
MT has an automatic session time limit of 4 hours on all non dedicated Dialup and ISDN accounts. Customers who are interactively using their connection can manually reconnect immediately if they exceed this limit.
At its sole discretion, MT shall have the right to substitute equivalent service for the duration of an unexpired contract, or to refund the fees paid on a prorated basis.
MT services are provided for the use of the subscriber agreeing to these terms alone. Resale or use of the subscriber's privileges and connection with MT by any other person or any other organization can be negotiated with MT.
MT exercises no control whatsoever over the content of the information passing through MT. MT makes no warranties of any kind, whether expressed or implied, for the service it is providing. MT also disclaims any warranty of merchant ability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although MT's current practice is to utilize reasonable efforts to maintain such confidentiality. MT will not be responsible for any damage the subscriber suffers from the use of MT's services. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or the subscriber's errors or omissions, or due to any inadvertent release or disclosure of information sent by the subscriber. Use of any information obtained by MT's services is at your own risk. MT specifically denies any responsibility for the accuracy or quality of information obtained through its services.
All services provided to the subscriber by MT may only be used for lawful purposes. Transmission or storage of any information, data, or material in violation of any US Federal or state regulation or law is prohibited. This includes, but is not limited to material protected by copyright, trade secret, or any other statutes, threatening material or obscene material. The subscriber agrees to indemnify and hold harmless MT from any claims resulting from the subscriber's use of the service which damages either the subscriber or another party or parties.
The use of MT to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether the information is received abroad or by foreign nationals within the United States. Since MT exercises no control whatsoever over the content of information passing through MT, the entire burden of complying with such laws and regulations rests with the subscriber. The subscriber agrees to comply with such laws and regulations and to indemnify and hold MT harmless from any damages it may suffer from any violation of the export control laws of the United States.
Any access to other networks connected to MT must comply with the rules appropriate for those networks. Use of MT itself may be for any lawful purpose. Use of MT for commercial purposes is permitted.
The subscriber agrees that MT has the right to delete all data, files, or other information that is stored in the subscriber's account if the subscriber's account with MT is terminated, for any reason, by either MT or the subscriber.
MT reserves the right to suspend or terminate any account upon discovery of its involvement in (included but not limited to) the following activities or events:
use of two or more modems at the same time by a single account.
perpetration of unlawful activities.
use of MT as a platform for Hacking, Port Scanning, Denial of Service attacks or gaining unauthorized access to other systems.
tampering with or violating the privacy of other Subscriber's files.
overuse of system resources including spawning excess processes or processes that persist after the Subscriber is no longer connected.
sufficiently severe and/or repeated net etiquette violations, in Monmouth Telecom's sole discretion.
sending unsolicited email or excessive multiposting to Usenet groups.
All individuals accessing MT represent to MT that they are eighteen (18) years of age or older. If under eighteen (18) years of age, such individual is not permitted to access MT unless the express agreement of such individual's parent or legal guardian has been furnished to MT. Certain material available through MT may not be suitable for individuals under the age of eighteen (18).
If the subscriber is under the age of eighteen (18), the "Consent for use of MT Services by a minor" section below must be agreed by parent or legal guardian.
MT's rates are subject to change. All subscribers will be notified in advance of any such change. These Terms and Conditions supersede all previous representations, agreements or understandings and shall prevail notwithstanding any variance with terms and conditions.
All of our integrated services, including Hosted PBX over Fiber Internet or T1 Service, are fully compatible with a backup cable modem. With Cable Failover you can enjoy the quality of a dedicated connection with the added reliability and bandwidth of a backup cable or fios connection.