Kanawha Valley Internet - Internet Access Agreement

KVINet Internet Access Agreement

Kanawha Valley Internet, Inc. ("KVINet") agrees to provide services to its customers ("Customer") according to the following terms and conditions:

Customers of KVINet are responsible for reviewing and complying with this Internet Access Agreement. This Agreement is subject to change with notice by publication on the web at http://www.kvinet.com/aup/ - customers are responsible for monitoring this web site for changes. This Policy was last changed on October 15, 2002.

1.) Right of Use: The benefits and rights conferred by this agreement are nontransferable. Use of KVINet accounts are limited to the individual or business whose name appears on the account. Personal accounts may also be used by family members of Customer living at the same address. Customer agrees to use all KVINet services in a manner consistent with applicable laws. In the event that services are not used in accordance with all applicable laws, KVINet reserves the right to cooperate with all law enforcement agencies. If Customer is less than 18 years of age, a copy of this Agreement must be signed by a parent or legal guardian, who is responsible for all charges related to KVINet services used by Customer. KVINet reserves the right to change, without notice, KVINet access procedures, hours of operation, vendors, and services offered.

2.) Passwords: Customer is responsible for all use of the account and the confidentiality of passwords. KVINet will suspend or change access to Customer's accounts immediately upon notification by Customer that his or her password has been lost, stolen, or otherwise compromised. KVINet is not liable for any usage or charges prior to KVINet making the necessary account alteration.

3.) Backup of Customer Data: KVINet is not responsible for Customer's personal files residing on KVINet equipment. Customer is responsible for independent backup of his or her data.

4.) Termination: KVINet, at its sole business judgment, may terminate this Agreement immediately or suspend Customer's access to KVINet services upon any breach of this Agreement by Customer, including, but not limited to, refusal or failure to pay for services provided, or by sole judgment of KVINet that Customer may be performing activities harmful to KVINet or its customers, employees, vendors, business relationships, or any other users of the Internet.

5.) Obligation to Pay: Customer agrees to pay KVINet all charges relating to the use of KVINet services, including a one time activation fee of $20.00. In the event that KVINet initially waives this fee, KVINet reserves the right to reinstate the activation fee if the account is found to be in default within the first 60 days of service. Failure to use KVINet services does not relieve Customer of payment obligations. New customers must pay their first payment within 10 days of service activation _ if payment is not received within that time, service will be deactivated until full payment is received. All other accounts must pay charges in a timely manner to maintain services. Payments more than 15 days late will result in suspension of service and late charges. KVINet reserves the right to change prices on 30 days notice published online.

6.) Checks and electronic payments: If Customer is paying by check, Customer authorizes KVINet to debit Customer's checking account for the amount of any check returned unpaid by Customer's bank, plus a $25 returned check fee. This includes the authorization for KVINet to re-process the check through an electronic clearing house.

7.) Telephone charges: The customer is responsible for insuring that the calling plan they have with their local telephone provider will not cause them to incur message unit or long distance charges. The customer is responsible for all local and long distance telephone charges when using KVINet services.

8.) Default: Customer is in default of this Agreement if: 1.) Customer fails to abide by any KVINet condition of service; or 2.) KVINet does not receive a payment on or before its due date. In the event the Customer defaults on this Agreement, KVINet may suspend or cancel the Customer's account. Also, KVINet reserves the right to bill outstanding balances to any Credit Card or checking account previously used by the Customer without regard to the billing option selected by the Customer. In the event the Customer has normally received monthly statement billing, KVINet reserves the right to electronically debit the Customer's checking account.

9.) Cancellation: In the event of cancellation of service, Customer is responsible for the full current month's charges. Cancellation notice must be submitted by U.S. mail, email to support@kvinet.com from the KVINet account, or faxed to 1-866-507-8563.

10.) As-Is: KVINet services are provided on an "as is, as available" basis. No warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made. This in no way includes any reimbursement for losses of income due to disruption of service by KVINet or its vendors. Neither KVINet nor its vendors are responsible for any damages arising from Customer's use of KVINet services or by Customer's inability to use KVINet services.

11.) Unacceptable Use: Use of KVINet services for advertising or promotion of commercial products or services requires a business account. Resale of KVINet services without a written agreement is prohibited. The following violations of "netiquette" are grounds for immediate suspension of service pending investigation by KVINet and will result in termination of the account(s) if the investigation determines that the Customer has originated or transmitted these types of traffic.

          (A) Sending unsolicited mass email messages (ie. to more than 25 individuals within a 24 hour period) which provoke complaints from the recipients.

          (B) Engaging in the practices outlined in (A) above from a provider other than KVINet to advertise services hosted by KVINet, using a KVINet account as a mail drop for responses, or using a domain hosted by KVINet or which has a KVINet account as a contact address.

          (C) Continued harassment of other individuals on the Internet after being asked to stop by those individuals, KVINet or other network service providers.

          (D) Impersonating another user or otherwise falsifying one's user name in email or with any other Internet service. (This does not preclude the use of anonymous remailer services.)

Customers whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by KVINet. Customer agrees not to publish or distribute any information through KVINet's services which violates or infringes any copyright, trademark, or other proprietary rights of others, or which contains anything obscene or libelous. Software intended to facilitate any such violations or infringements may not be stored on KVINet machines.

12.) Damages: KVINet reserves the right to collect damages (software, hardware, and man hours) if any harm is done to KVINet by Customer which requires repair or reconfiguration of any kind.

13.) Unlimited Use: Certain KVINet Products and Services are sold on an Unlimited Use basis. The definition of Unlimited Use is the act of human being actively surfing, chatting or otherwise engaged in the use of the Service. Running POP clients, bots or other software mechanisms to cause a connection to appear to be in active use does not meet this criteria. KVINet unlimited interactive usage dialup connections are not intended to be FULL TIME dedicated connections and will be disconnected after a period of inactivity. KVINet reserves the right to impose restrictions on accounts it deems to be in violation of these conditions.

14.) Governing Law: This Agreement shall be governed by the laws of the State of West Virginia.

15.) Entire Agreement: This Agreement contains the entire agreement and understanding between the parties and supersedes all prior agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever. Each and every provision of this Agreement is independent and severable from the others, and no restriction will be rendered unenforceable by virtue of the fact that, for any reason, any other or others of them may be unenforceable. Non_enforcement of any section of this Agreement does not constitute consent and KVINet reserves the right to enforce this Agreement at its sole discretion.