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Definitions.
"The Company" means Fox Business
Systems & KansasNet, 531 Ft Riley Blvd. Manhattan, KS 66502.
"The Subscriber", "you", and
"your" refer to an individual, corporation or legal entity
who incurs usage charges for the Company's services, for the former's
own use or who incurs such charges on behalf of a third party user.
Term and Termination.
This agreement commences upon activation of
service (September 1, 2000 for existing users), and remains in effect
for the selected rate plan period, or until terminated as herein
provided. Company reserves
the right to make changes to these terms of access upon written notice
to subscribers.
The Subscriber may cancel service at any time by issuing an
online notice to billing@kansas.net
or by calling (785) 776-1452 and giving notification to the billing
department.
Customers with accounts that are billed using AutoDebit are
billed between the first and the third of each month for that
month’s service. If your
account is paid by method of AutoDebit, you must make your request to
terminate your account prior to the next billing, or you will be
billed for the service that month.
Subscriber is responsible for charges associated with the
service at the time that the service is used.
With the exception of the first month of service (which is
prorated), Subscriber’s service is billed in full months.
Service is considered used if subscriber’s account is active
(not cancelled) on the date of billing (generally the 5th
of) each month. Service
will remain active through the end of the month in which the
Subscriber cancels service (the last day of that month).
The Company shall have the right to suspend or terminate this
agreement at any time without prior notice to subscriber. The
Subscriber also agrees that the Company has the right to delete all
data, files or other information that resides or is stored on the
Company's hardware, if the Subscriber's account with the Company is
terminated, for any reason, by either the Company or Subscriber.
Upon termination, prepaid fees and other charges
are not refundable.
Content.
The Company shall have the sole right to decide
what information (Web Page content, etc.) can or cannot be uploaded
onto, or reside upon, the Company's system and the Company has the
right to delete all such information data, or files that it decides
cannot reside on the Company's hardware.
Content residing on the Company’s hardware may be confiscated
and used as evidence in the event of abuse or unlawful actions.
Indemnification.
In absence of a written agreement, the Company
will not guarantee the privacy of any subscriber’s account.
Security of a subscriber’s password and use of encryption (if
desired) is the Subscriber’s responsibility. Subscriber and User
shall indemnify and hold harmless, the Company, its agents and
employees from and against any loss, cost, claim, liability, damage,
or expense (including reasonable attorneys' fees) to third parties,
relating to or arising from the use of the service by Subscriber,
User, or any of their personnel, whether or not Subscriber or User 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 or
User has used, connected, or combined the service with the products or
services of others), negligence, breech of security, or tortious
behavior. Subscriber agrees to indemnify the Company along with any
parties from whom the Company obtains network services, and to hold
them harmless from any claims resulting from the use of the service by
Subscriber or its users that damage another party or that violate the
law.
Disclaimers of Warranties.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS,
EQUIPMENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE COMPANY
(THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR 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. THE 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.
1.
Limitation of Liability.
The Company is
not liable for any charges that apply to the Subscriber as a result of
using this service, including, but not limited to, long-distance
charges.
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.
2. Use of Service.
A. Subscriber shall insure that its users shall
comply with the terms and conditions of this agreement.
B. Accounts are
sold on a single log-in basis and multiple connections cannot be
accessed simultaneously by single, or multiple users.
C. Dial-up
accounts are not intended to be a continuous connection to the service
and are subject to idle timeouts (10 minutes of not sending or
receiving any information could result in loss of the connection).
(Note: KansasNet does offer dedicated connections to the Internet.
Feel free to contact sales for pricing information).
D. Subscriber and its users shall not use or
permit its end users 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.
E. 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 site, you agree that you 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, tortious, 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
policies;
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"),
chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling;
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.
You further agree 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 users of communications services, chat
rooms, message boards, news groups, software libraries, or other
interactive services that may be available on or through this site.
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.
F. Subscribers rights herein granted, cannot be transferred,
assigned, shared, sold, or used by anyone other than the Subscriber
without prior written authorization from Company.
G. Subscriber and/or users shall not establish Internet servers
of any kind, including without limitation, Web, e-mail, games, FTP, or
the like, without prior written authorization and pricing agreement
from the Company.
H. Company reserves the right to
change without notice, certain aspects of service, including, but not
limited to: What
constitutes abuse by subscribers, what content may reside on
company’s equipment, pricing, and services offered.
In the event that a Subscriber uses the Company’s services or
hardware to Spam, send unsolicited email, or attempt to gain access to
(including, but not limited to, testing for open relays), or cause
damage to (including, but not limited to, hacking and sending viruses)
any of the Company’s or a third-party’s systems, or other
property, that Subscriber will be liable for any and all damages
transmitted from, or connected with, subscriber’s account.
Subscriber agrees to pay actual damages, if the extent of such
actual damages can be sufficiently calculated by KansasNet.
When damages are not sufficiently measurable, determination of
damages will be made by KansasNet and or, third party representation. |
