See also Acceptable Use Policy.

This Agreement is made by and between On-Site / Surfin America, LLC. Internet Access, Inc. ("On-Site / Surfin America, LLC."), a New Jersey Corporation, and the Customer. By using the services provided by On-Site / Surfin America, LLC., the Customer acknowledges that he or she has read and understands these terms and conditions and agrees to be bound hereby:

Access to Internet:
    1. On-Site / Surfin America, LLC. shall provide the Customer access to the Internet subject to the terms and conditions of this Agreement.
Term of Agreement:
    1. This Agreement shall be effective as of the date the Customer's account is activated and shall continue for a minimum term of three months, unless properly terminated by the Customer by one of the methods provided for below or by On-Site / Surfin America, LLC..
    2. This Agreement shall then be automatically renewed for successive periods unless terminated by the Customer with proper notice as provided below.
Termination by Customer:
    1. The Customer may terminate the agreement any time within the first 21 days of the term of service, unless their account is first terminated by On-Site / Surfin America, LLC. for violation of the Acceptable Use Policy, or breach of the Terms of Service by the customer, or for the customer's notice to On-Site / Surfin America, LLC. of their intention to violate the Acceptable Use Policy or breach the Terms of Service.
    2. After the first 21 days the agreement will be in effect for the length of the term for which the customer has pre-paid unless it is terminated by On-Site / Surfin America, LLC. as provided for below.
    3. At the end of the term for which the customer has pre-paid the customer may terminate the agreement by written notice to On-Site / Surfin America, LLC. 30 days prior to the end of the pre-paid term. Notice given to On-Site / Surfin America, LLC. less than 30 days prior to the end of the pre-paid term may subject the customer to extra fees incidental to processing or refund of renewal charges. On-Site / Surfin America, LLC. will not issue a refund to a Customer that has not provided written notice of cancellation before the end of their previous pre-paid term.
    4. The Customer agrees that On-Site / Surfin America, LLC. has the right to delete all data, files, or other information which is stored in the Customer's account if the account is terminated for any reason by either the Customer or by On-Site / Surfin America, LLC..
Payment and Billing:
    1. For the first term of service, payment for setup charges and recurring access charges for the agreed upon pre-paid term are due when the order is received by On-Site / Surfin America, LLC. for processing, and in advance of the granting of access.
    2. Payment for renewal, including recurring access charges for the agreed upon pre-paid term are due one week in advance of the end of the current pre-paid term.
    3. Special charges, or charges accrued during prior periods are due upon receipt of invoice by the Customer.
    4. Accounts will be automatically billed for any extra charges accrued during the service period.
    5. All accounts are subject to suspension of service for non-payment within the specified terms.
    6. Accounts that have been suspended for non-payment for more than 5 days are subject to deletion and termination of the service agreement.
Minimum Billing Increment:
    1. Special charges, as applicable, will be calculated for billing purposes by rounding up to the nearest significant unit. Connect time, CPU time, disk storage space, and megabytes of data transferred are examples of criteria subject to minimum billing increments.
    2. Such increments shall be solely determined and set by On-Site / Surfin America, LLC..
Transfer of Accounts:
    1. Accounts may not be transferred to other persons or used by anyone other than the Customer.
    2. The customer may permit the use of their account by members of their immediate family living in the same household as the customer. The customer may not share their account or allow their account to be accessed by anyone not currently living in the same household as the customer.
    3. Customers determined to be in violation of this provision in the sole and final judgment of On-Site / Surfin America, LLC. are in violation of their Terms of Service and are subject to termination of the agreement by On-Site / Surfin America, LLC. without refund of any kind.
    4. If the Customer provides their username and password to any other person, and that person uses that username and password to gain access to On-Site / Surfin America, LLC.'s system for any purpose, that person is using the account with the Customer's knowledge.
    5. Customers that allow their accounts to be used by anyone other than the customer, including an immediate family member, are responsible for the actions of that person while they use the account and for any extra fees or charges they may incur by taking advantage of services which incur an extra charge or by violating the Acceptable Use Policy and/or the Terms of Service, even when the Customer has not given them explicit permission to do so.
Acceptable Use:
    1. The Customer agrees not to transmit or store any information, data or material which (i) violates any federal, state or local statute, rule or regulation or the common law, (ii) is protected by copyright or trademark, (iii) is a trade secret, (iv) is obscene, (v) is threatening or abusive or (vi) is libelous.
    2. The Customer agrees to abide by the Acceptable Use Policy and to be bound by the terms of the Acceptable Use Policy in addition to the Terms of Service.
    3. The Customer agrees to pay any charges incurred by any violation of the Acceptable Use Policy either by themselves or by any other person using the account with their knowledge.
Indemnification:
    1. The Customer agrees to indemnify and hold On-Site / Surfin America, LLC. harmless from any lawsuits, claims, damages, liabilities, or expenses (including reasonable attorney's fees in connection with the investigation, defense, or settling of any loss, claim, damage, action or proceeding) to which On-Site / Surfin America, LLC. may become subject to or arising out of the actions of the Customer or any person using the Customer's account with the Customer's knowledge, even when the Customer has not given them explicit permission to do so.
    2. This indemnification provision shall survive any termination of the Customer's account, either by the Customer or by On-Site / Surfin America, LLC..
Termination of Services:
    1. On-Site / Surfin America, LLC. reserves the right to terminate service to the Customer if On-Site / Surfin America, LLC., in its sole discretion, determines that the Customer has violated the terms of this Agreement (the Terms of Service) or On-Site / Surfin America, LLC.'s Acceptable Use Policy or the Acceptable Use Policy of any other network, or uses the account in defamatory, fraudulent, or deceptive ways, or uses the account in a manner which is intended to threaten, harass, or intimidate, or interferes with other subscribers' use and enjoyment of the services provided by On-Site / Surfin America, LLC..
    2. In the event of such termination, user shall be liable for any costs incurred by On-Site / Surfin America, LLC. regarding the investigation of the violation.
    3. On-Site / Surfin America, LLC. reserves the right to withhold some or all of the monies paid for services, in the event of violation of this agreement.
Nature of Information:
    1. The Customer has been advised and acknowledges that the Internet may contain information, materials and language which may be deemed adult in nature and inappropriate or offensive.
    2. The Customer is further advised that there is no effective way to limit access to certain materials on the Internet.
    3. The Customer is solely responsible for all information received, transmitted, and/or stored through the use of their account either by themselves or by anyone using the Customer's account with the Customers knowledge as provided for above.
    4. The Customer shall be responsible for supervising any minor who may use the service provided by On-Site / Surfin America, LLC..
    5. The Customer releases On-Site / Surfin America, LLC. from and agrees to indemnify On-Site / Surfin America, LLC. against any and all claims, losses or expenses relating to such information, materials and language.
Disclaimer of Warranty:
    1. On-Site / Surfin America, LLC. makes no warranty, either express or implied, regarding any information, product or service provided to or received by the Customer under this Agreement or as to the availability, accuracy or content of information, products or material sent or received by means of the services provided by On-Site / Surfin America, LLC. or as to service interruptions or network downtime. On-Site / Surfin America, LLC. HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability:
    1. The Customer agrees that On-Site / Surfin America, LLC.'s liability shall in no event exceed the fees paid by the Customer for the services provided under this Agreement.