Terms of Service for Internet Access Subscribers
Effective October, 2006
Terms and Conditions
As used herein, KEI Internet Service shall be referred to as Provider, and any person or entity accessing the Internet via the Provider's system shall be referred to as the Subscriber. The following Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail, notwithstanding any variance with terms and conditions of any order submitted. Use of the Provider's services constitutes acceptance of the Terms and Conditions set out herein.
The Provider exercises no control whatsoever over the content of the information originating outside of its system or passing through it. Use of any information obtained via the Provider is at the Subscriber's own risk. The Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. No warranty is made by the Provider regarding any information, services or products provided through, in connection with, or located on the computer systems of the Provider or other services provided by the Provider. The Provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. The Provider also disclaims any warranty of merchantability or fitness for a particular purpose. The Subscriber agrees to hold harmless the Provider, its officers, shareholders, agents and employees, and its other Subscribers from any and all claims, costs, expenses, judgments, causes of actions, attorney s' fees, litigation and court costs resulting from the Subscriber's use of the Provider services in any manner, whether directly, indirectly or by any act of commission or omission. The forgoing disclaimer of warranties is void where prohibited by law.
The Subscriber certifies that either he or she is of at least 18 years of age or has the consent of his or her parent or legal guardian. It shall be the responsibility of the Subscriber to keep the Provider informed as to a valid mailing address to which notice can be sent. Any liability of the Provider, including without limitation, for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, long distance telephone charges, theft or destruction of or unauthorized access to, alteration of, or use of data whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or an behalf of the Subscriber to the Provider for the current month. The Subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (i) the Subscriber's use of any the Provider services, and (ii) the communication means by which the Subscriber connects to the Provider services or any other service provided by the Provider. The Provider's services may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state laws and regulation for any illegal or unlawful purpose is prohibited. This includes, but is not limited to: any material, data, matter, software/software code, intellectual property protected by copyright, trademark, privacy or other proprietary, personal or property right, trade secret, or any other material legally judged to be threatening or obscene, or material protected by trade secret transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of the national laws of any sovereign nation, or of international law, the United States, or of any state or local law, statute, regulation or rule. The Subscriber agrees to abide by the purpose and acceptable use of the Provider's policy. Use of the Provider's services to access other networks, computers. or services, must comply with the policies of these entities.
The Subscriber rights herein granted cannot be transferred, shared, sold, or used by anyone other than the Subscriber. With the exception of certain organizational accounts specifically contracted to be used by multiple people, our accounts are individual accounts. Users may not share their user IDs and passwords with others. Violations are subject to immediate termination with all rights, fees and services forfeited by the Subscriber.
Payment is due on the date specified by the invoice the Subscriber receives. Accounts are in default if payment is not received within 15 days from the date of the invoice. Should the Subscriber's payment be returned to us, from any financial institution, unpaid, the Subscriber is immediately in default and subject to a returned check charge of $25. Subscribers whose accounts are determined to be in default either for reason of a returned check or due to non-payment shall be terminated 45 days after the date of the first unpaid invoice. Termination, for any reason, does not relieve the Subscriber from the obligation to pay the monthly account charge. Accounts in default are required to pay the entire amount due as well as the next month's access charge in order to be reconnected. Termination of an account due to non-payment relieves the Subscriber of any rights to the username, e-mail address, web site, and any unread and/or unreceived e-mail. Termination of an account due to non-payment immediately relieves the Provider from all responsibility to the Subscriber at the time of termination and until such a time that the Subscriber has no outstanding balance. At such a time that the Subscriber has no outstanding balance, the Subscriber and the Provider are obligated to follow each portion of this document. Upon termination for non-payment, there are no retroactive rights or responsibilities of either party, outside of the Subscriber's responsibility to pay the amount due the Provider, unless an agreement has been signed between the Subscriber and Provider. Such an agreement will be filed, in person, within the main office of the Provider.
Termination, Suspension, or Cancellation of Accounts
Only a written request to terminate the Subscriber's service relieves the Subscriber from the obligation to pay the monthly account charge. Accounts that have been suspended for 60 days will be deleted. The Provider shall have the right to suspend or terminate service to the Subscriber at any time, without notice. If such a suspension is to last for more than 15 days, the Subscriber will be notified of the reason. Grounds for termination or suspension of a Subscriber's account include, but are not limited to: Breaching, or attempting to breach security on any system or network without the written authorization of those responsible for said system or network. Forging e-mail or news articles, that is, attempting to make articles or e-mail appear to come from someone or somewhere they do not. Propagating chain letters via e-mail, Usenet news, or other Internet services. These letters are usually along the lines of "pass this on to receive good luck," or "send these five people a dollar in order to make thousands." Sending "Spam Mail", that is, sending mail blindly to a mailing list compiled from this or any other system, and/or sending other unsolicited mail and advertisements to unknown parties. Automating any communication over the connection to our systems for the purpose of bypassing session limits as stated in this document or the 30-minute time-out policy on an idle line. Non-payment of an amount owed the Provider. We reserve the right to issue a warning in place of a suspension or termination.
Privacy of our users' e-mail and files cannot be guaranteed, however, we do our best to maintain a secure environment and we are personally dedicated to the privacy of our users. We will never intentionally read a user's e-mail except upon request of that user. The only user-owned files we may examine without the user's permission are standard system files, such as .login, .cshrc, and .rhosts. We will not read a user's .newsrc file, but we may run software that will examine each users. newsrc file and tally statistics for our user community as a whole. If we believe the contents of a user owned file may violate the laws or regulations of any governing body, we may ask for an explanation, a review of the file, or that the file be removed from our systems. We do not distribute our users' personal information, including that which may normally be found on-line. Users may request an ftp directory either to make files available or to receive files anonymously. No file or directory available via anonymous ftp may be both world readable and world writable at the same time. Files available through anonymous ftp are subject to inspection by staff.
We ask that businesses, organizations, or individuals who wish to use the Internet for advertising, contact us first. Advertising is a touchy subject on the Internet, and the more overt methods can meet with an overwhelming negative response. There are a variety of effective methods of advertising without bringing down the wrath of the Net, and we would like the opportunity to direct users to them.
The Internet is frequently described as the last forum for free speech. People regularly clash loudly over such matters as race, religion, sexual preference, and political standing. It is difficult to be on the Net for any length of time without being offended by someone. It is also quite possible to do the offending. We will investigate any complaints we receive, either by our users or others, but action will rarely be warranted. We may suggest a more appropriate newsgroup or forum to a user, or perhaps a different approach. If a user is disrupting a newsgroup or other "net community'' simply for the sake of being disruptive, we may take additional action. If a user's presence on our systems appears to jeopardize our services, we may issue a warning or suspend or terminate that Subscriber's account.
Changes to Terms and Conditions
The Provider reserves the right to amend the Terms and Conditions and any such amendments shall become effective upon promulgation. The Subscriber shall have the right, for a period of 15 days after the promulgation of any amendments to the Terms and Conditions, to terminate service by giving written notice and receive a refund of any Subscriber fees attributable to any period of time subsequent to the effective date of any such amendments to the Terms and Condition s. Upon breach of this agreement, all of Subscriber's rights and privileges shall be immediately terminated. Upon termination of the account, the Provider has the right to delete all data, files or other information owned by the Subscriber.