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As used herein,
BroadBand Kansas, Inc. 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.
1. Provider
Liability
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.
2.
Subscriber Responsibility
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.
3.
Non-Transferable
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.
4. Billing
Payment is due on the date specified by the invoice the Subscriber
receives. Accounts are in default if payment is not received
within 20 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 12:00 AM
on the 27th day after the date of the most recent invoice. The
Subscriber must have made payment arrangements prior to 8:00 AM on
the 26th day after the invoice is due in order to ensure
uninterrupted service. 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 un-received 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.
5. Session
Limits
The Provider reserves the right to impose session limits without
notification. Session limits may include but are not limited to
hard time limits which no Subscriber may exceed on any given
connection to the Provider's services and soft limits imposed at
the Provider's discretion which temporarily limit the Subscriber's
session. On most accounts there is a 15 minute idle time-out. If
your session is idle for 15 minutes, you will be disconnected.
Contact the Provider if you are interested in an account without
server timeouts. Any process a Subscriber has running while not
logged in to our system is subject to termination. If you have a
specific need or desire to run processes while not on-line,
contact the Provider. Subscriber is allowed up to 300 hours each
month if they subscribe to the $20.00 per month plan, 10 hours per
month if they subscribe to the $12.00 per month plan. Additional
hours beyond these limits will be charged at a rate of $1.00 per
hour.
6.
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 90 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 the 15 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.
7. Privacy
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.
8.
Advertising
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.
9.
Netiquette
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 is sue a warning or
suspend or terminate that Subscriber's account.
10. 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
Conditions. 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. |
