“Company" means KansasNet (a subsidiary of Fox Computers Inc.), 531
Ft Riley Blvd. Manhattan, KS 66502.
“Subscriber" refers to an individual, corporation or legal entity
who is named within the KansasNet Order form, and thereby incurs
usage charges for DSL, for its own use and/or on behalf of a third
“Telephone Carrier” refers to the telephone carrier whose telephone
network is used as a medium for Company to provide DSL to
“Digital Subscriber Line” (“DSL”) is a technology that provides a
dedicated digital circuit between a Subscriber & Company.
“Associated Services” refers to services that Company provides
Subscriber as part of Subscriber DSL service, but, which are not the
DSL service. Examples of Associated Services include, but, are not
limited to Email, FTP/ Web hosting/storage services.
“Customer Premise Equipment” (“CPE”) is the equipment that connects
a Subscriber’s Computer/Network Equipment to a DSL circuit. This may
include modems, routers, filters, switches, hubs, terminals,
servers, set-top boxes, etc. It includes the cabling required to
connect and power this equipment.
“Subscriber’s Computer/Network Equipment” refers to the Subscriber’s
computers, network components, and all other devices used to access
or connect Subscriber to a DSL circuit.
“KansasNet DSL Order Form” refers to the order form the Subscriber
submits to order their DSL circuit.
“Agreement” refers collectively to this contract (KansasNet DSL
Terms of Access), and the KansasNet DSL Order Form. Part of the
Agreement expresses the Term the Subscriber is committing to for DSL
service from Company.
“Term” refers to the time period Subscriber has agreed to commit to
DSL service from Company. Term is generally expressed in periods of
calendar months, but, may also be expressed in periods of calendar
“Period of Service” (“Period(s) of Service”) refers to Company’s
billing-cycle which shall begin on the first day of each calendar
month, and extends to the last day of each calendar month for the
“Price” refers to the monies paid to Company by the Subscriber for
the purchase of or rental of CPE, and the monthly DSL service fee.
“@kansas.net Email Address” refers to the email address provided by
Company to Subscriber as part of the DSL service. The @kansas.net
Email Address is provided by Company for Subscriber use, and is one
official method that Company will use to send notifications to
“Billing Address” refers to the mailing address that Subscriber
provides to Company for the purposes of invoicing, contact, and for
sending notifications. The Billing Address is found within the
KansasNet DSL Order Form.
“Company’s Equipment” refers to the equipment used by and/or owned
by Company and used to provide DSL or other Associated Services to
Subscriber. This includes, but, is not limited to Company’s servers
“Activation of Service” refers to day that Telephone Carrier
notifies Company that Subscriber’s DSL circuit is complete and
should be operational.
A. General. The
Subscriber shall pay to the Company the charges associated with the
CPE and DSL rate plan selected within the KansasNet DSL Order Form,
including without limitation, deposits, set-up fees, equipment
purchase and/or rentals, service charges, etc., for the Term chosen
within the KansasNet DSL Order Form.
B. Subscriber is responsible for provision of, operation of and
maintenance of CPE and Subscriber’s Computer/Network Equipment.
Service interruption due to failure of the Subscriber to provide
working CPE will be billable as normal service usage.
C. Changes. Company will give Subscriber 30 days notice in the event
of a change in Price. This notice may be sent by Company to
Subscriber’s @kansas.net Email Address or by Postal mail to the
Billing Address. If the Price changes during the Term, the
Subscriber will be given opportunity to end the Agreement without
penalty prior to the next Period of Service. If Subscriber does not
opt to exercise this right to end the Agreement after the 30 days
notice, but, before the next Period of Service (i.e. first day of
the next calendar month), it will be assumed that Subscriber accepts
the new Price for the remainder of the Term.
D. Price for Periods of Service is due to Company on the first day
of the month. Subscribers with balances more than 5 (five) days
overdue will be temporarily disabled until full payment is received.
A $25.00 reconnect fee will be assessed on all disabled accounts.
Returned checks will be charged a fee of $32.00. Except for the
first Period of Service, monthly service is not prorated.
E. Taxes. Taxes and other fees as assessed by Federal, State, or
Local Governments may apply. These taxes may begin, cease, or vary
at any time during the Term of this Agreement based on changing
Government laws/regulations. Company reserves the right to recover
these Taxes from Subscriber in the manner defined by any applicable
laws/regulations. These taxes and fees are not controlled by
Company, and are therefore not considered part of Price for service.
Changes to these taxes and fees are not considered to be a change in
Price as described in section 2.C. of this document and are
therefore not grounds for C. Changes. The
prices for this service are found in the document titled “DSL Order
Form.” 30 days notice will be given in the event of a price change.
If the price changes during the term of the agreement, the
subscriber will be given opportunity to end the agreement without
penalty prior to their next payment.
D. All periods of
service shall begin on the first day of the month. Accounts more than
5 (five) days overdue will be temporarily disabled until full payment
is received. A $10.00 reconnect fee will be assessed on all disabled
accounts. Returned checks will be charged a fee of $25.00. Except for
the first month of service, monthly service is not prorated.
3. Term and
upon Activation of Service and remains in effect for the selected
Term, or until terminated as herein provided. Subscriber may
terminate this Agreement upon thirty days advance notice. Advanced
notice may be given by Subscriber to Company via an email to
email@example.com from Subscriber's KansasNet Email Account, or by
filling out a KansasNet Cancellation Form, which can be attained
from Company upon Subscriber request. Unless Company has increased
Price within a Period of Service prior to Subscriber’s notice of
termination or Subscriber has completed their Term. Subscriber shall
pay to Company upon termination of DSL, an Early Termination Fee
equal to the number of Period(s) of Service remaining in the Term
multiplied by Price of DSL service as selected in the KansasNet DSL
Order Form. Company shall have the right to suspend or terminate
Agreement at any time without prior notice to subscriber. Subscriber
also agrees that Company has the right to delete all data, files or
other information that resides or is stored on the Company's
Equipment, if the Subscriber's DSL with Company is terminated, for
any reason, by either Company or Subscriber.
Subscriber shall indemnify and
hold harmless, Company, its agents and employees from and against
any loss, cost, claim, liability, damage, or expense (including
attorneys' fees) to Subscriber or third parties, relating to or
arising from the use of DSL or Associated Services by Subscriber,
any of their personnel, or any other persons using Subscriber’s DSL
service, whether or not Subscriber has knowledge of or has
authorized such access or use, including, without limitation, claims
for libel, slander, an invasion of privacy, infringement of
copyright, patent infringement (where Subscriber has used,
connected, or combined the service with the products or services of
others), negligence, breech of security, or tortuous behavior.
Subscriber agrees to indemnify Company along with any parties from
whom the Company obtains network services (including, but, not
limited to Telephone Carrier), and to hold them harmless from any
claims resulting from the use of the service by Subscriber or any
other persons that damage another party or that violates Local,
State, Federal, or International Law(s).
5. Disclaimers of
ALL MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS, EQUIPMENT, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH COMPANY (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR SUBSCRIBER USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON INFRINGEMENT. COMPANY AND ITS LICENSORS,
AGENTS AND EMPLOYEES DO NOT WARRANT THAT THE CONTENT IS ACCURATE,
RELIABLE OR SECURE. THAT THE SERVICES WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SYSTEM IS SOLELY AT YOUR RISK.
6. Limitation of
COMPANY SHALL NOT
BE LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES
NOT PROVIDED BY COMPANY, FAILURE OF COMMUNICATIONS, POWER OUTAGES, OR
OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF COMPANY, NOR
SHALL COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR CREATED
BY SUBSCRIBER'S OR ITS USERS' EQUIPMENT. SUBSCRIBER AND USER HEREBY
RELEASE COMPANY FROM LIABILITY ARISING FROM ANY CONTENT ACCESSED VIA
THE SERVICE. COMPANY'S PERFORMANCE UNDER THIS AGREEMENT SHALL BE
EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS, CIVIL
COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES BEYOND
ITS REASONABLE CONTROL. COMPANY SHALL NOT BE LIABLE IF CHANGES IN
OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION
OF SUBSCRIBER'S OR ITS USERS' EQUIPMENT, RENDER THE SAME OBSOLETE OR
OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL COMPANY BE LIABLE
FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR
BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF COMPANY FOR
ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY FAILURE OF OR DISRUPTION OF SERVICE, REGARDLESS OF THE
FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT OR OTHERWISE, INCLUDING
NEGLIGENCE, SHALL BE LIMITED TO AN AMOUNT EQUIVALENT TO CHARGES
PAYABLE BY SUBSCRIBER UNDER THIS AGREEMENT FOR THE SERVICE DURING THE
PERIOD SUCH DAMAGES OCCUR. COMPANY MAKES NO OTHER WARRANTIES OR
REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, CONCERNING THE SERVICE,
AND EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR
PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY
IMPLIED BY LAW.
7. Use of Service.
COMPANY SHALL NOT BE
LIABLE FOR INTERRUPTIONS CAUSED BY FAILURE OF EQUIPMENT OR SERVICES
NOT PROVIDED BY COMPANY, FAILURE OF COMMUNICATIONS, POWER OUTAGES,
OR OTHER INTERRUPTION NOT WITHIN THE COMPLETE CONTROL OF COMPANY,
NOR SHALL COMPANY BE LIABLE FOR PERFORMANCE DEFICIENCIES CAUSED OR
CREATED BY SUBSCRIBER'S OR ITS SUBSCRIBERS EQUIPMENT. SUBSCRIBER
HEREBY RELEASES COMPANY FROM LIABILITY ARISING FROM ANY CONTENT
ACCESSED VIA THE SERVICE. COMPANY'S PERFORMANCE UNDER THIS AGREEMENT
SHALL BE EXCUSED IN CASE OF LABOR DIFFICULTIES, GOVERNMENTAL ORDERS,
CIVIL COMMOTIONS, ACTS OF GOD, OR OTHER CONDITIONS OR CIRCUMSTANCES
BEYOND ITS REASONABLE CONTROL. COMPANY SHALL NOT BE LIABLE IF
CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION
OR ALTERATION OF SUBSCRIBER'S EQUIPMENT, RENDER THE SAME OBSOLETE OR
OTHERWISE AFFECT ITS PERFORMANCE. IN NO EVENT SHALL COMPANY BE
LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF
BUSINESS OR BUSINESS OPPORTUNITY, LOSS OF USE, ETC. THE LIABILITY OF
COMPANY FOR ACTUAL PROVEN DAMAGES FOR ANY CAUSE WHATSOEVER,
INCLUDING BUT NOT LIMITED TO ANY FAILURE OF OR DISRUPTION OF
SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN
TORT OR OTHERWISE, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO AN
AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER UNDER THIS
AGREEMENT FOR THE SERVICE DURING THE PERIOD OF SERVICE SUCH DAMAGES
OCCUR. COMPANY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EITHER
EXPRESS OR IMPLIED, CONCERNING THE DSL OR ASSOCIATED SERVICES, AND
EXPRESSLY DISCLAIMS WARRANTIES OF FITNESS FOR A PARTICULAR USE OR
PURPOSE, THE WARRANTY OF MERCHANTABILITY AND ANY OTHER WARRANTY
IMPLIED BY LAW.
7. Use of Service.
A. Subscriber shall insure that they themselves, any of their
personnel, or any other persons using Subscriber’s DSL service,
whether or not Subscriber has knowledge of or has authorized such
access or use shall comply with the terms and conditions of this
B. This connection cannot be shared with other third parties or
devices, including parts of Subscriber’s Computer/Network Equipment
that are not expressly defined within the KansasNet DSL Order Form.
C. Subscriber shall not use or permit any third parties to use the
services in ways that violate laws, infringe the rights of others,
interfere with users of our service or other service networks.
Subscriber is responsible for the knowledge of and adherence to any
and all laws, statutes and regulations pertaining to or in any way
connected with the services provided by the Company and all use of
any information, data, material or service in violation of any such
law, etc., is strictly prohibited.
D. By posting information in or otherwise using any communications
service, chat room, message board, news group, software library, or
other interactive service that may be available to you on or through
this service, Subscriber agrees that they or any other persons using
Subscriber’s DSL service will not upload, post, or otherwise
distribute or facilitate distribution of any content -- including
text, communications, software, images, sounds, data, or other
information -- that:
1. Is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortuous, contains explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a
violent or threatening nature directed at another individual or
group of individuals), or otherwise violates Company's rules or
2. Victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
3. Infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
4. Constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming"), (one site that addresses these
issues is http://www.wa.gov/wwweb/AGO/junkemail/); chain letters,
any other form of unauthorized solicitation, or any form of lottery
5. Contains software viruses or any other computer code, files, or
programs that are designed or intended to disrupt, damage, or limit
the functioning of any software, hardware, or other information of
any third party; or
6. Impersonates any person or entity, including any employee or
representative of the Company.
Subscriber further agrees that you will not knowingly solicit or
collect personal information from a minor without appropriate prior
verifiable parental consent.
Company generally does not pre-screen, monitor, or edit the content
posted by Subscriber, chat rooms, message boards, news groups,
software libraries, or other interactive services that may be
available on or through this DSL service. However, Company and its
agents have the right at their sole discretion to remove any content
that, in Company's judgment, does not comply with these rules or is
otherwise harmful, objectionable, or inaccurate. Company is not
responsible for any failure or delay in removing such content.
E. Subscriber’s rights herein granted, cannot be transferred,
assigned, shared, sold, or used by anyone other than the Subscriber.
No more than one connection to the services provided by Company can
be used at any time by the Subscriber on any system account.
F. Subscriber and/or users shall not establish Internet (inbound)
servers of any kind, including without limitation, Web, E-Mail,
games, FTP, or the like.
Company reserves the right to
establish and enforce usage limits, limiting the speed of upload and
download of any kind and in all protocols, including without
limitation, file downloads, Web browsing, etc., from time to time,
for DSL or other Associated Services.
9. Service Calls.
responsible for the entire cost of service calls including labor,
materials and equipment for all failures which are not the fault of
the Company including without limitation, acts of God, weather
phenomena, failure of Subscriber's CPE and/or Subscriber’s
Computer/Network Equipment, including service calls to reinstall
In the event the Company is
required to engage the services of an attorney because of a breach
by the Subscriber of any of the terms herein contained arising out
of the Subscriber's or third parties’ use of the DSL or Associated
Services, whether or not Subscriber has knowledge of or has
authorized such access or use, the Subscriber agrees to pay all of
the Company's reasonable attorneys fees and court costs. Upon breach
of this Contract, all of subscribers' rights and privileges shall be
immediately terminated and upon any such termination for breach of
the provisions of this Contract, or the breach of any applicable law
or statute governing the use of the services provided; All
Subscriber fees shall be forfeited as liquidated damages to the
Company. In the event of litigation both parties agree that the law
of Kansas shall apply and both parties consent to the jurisdiction
of the courts of Riley County, Kansas. Both parties expressly waive
a jury trial.
The Company reserves the right to amend this contract from time to
time, in its sole discretion, and any such amendments shall become
effective upon promulgations, subject to the terms of this
agreement.12. The Subscriber certifies that he or she is at least 18
years of age.
12. Entire Contract.
This Contract represents the complete understanding between the
parties as to the subject matter hereof, and supersedes all prior
written or oral negotiations, representations, guaranties,
warranties, promises, orders, statements or agreements between the
parties or any statement or representation made or furnished by any
other person representing or purporting to represent either party.
I have read, and agree to abide by the terms. I realize that failure
to operator within these terms will result in the termination of
service and/or fines assessed by the Company.