Usage
The main purpose of KyWiMAX Internet Service is to facilitate communication with what is commonly referred to as "the Internet." It is KyWiMAX's intention to allow all KyWiMAX users complete access to everything the Internet has to offer with minimal or no interference.
KyWiMAX has developed this Acceptable Use Agreement. It is intended to provide a guide to KyWiMAX's views on what constitutes inappropriate use of KyWiMAX access to the Internet and to inform KyWiMAX customers of what actions we may take, with or without notice, in the event that KyWiMAX becomes aware of inappropriate use of KyWiMAX service. The agreement will help KyWiMAX system administrators deal with complaints from users of KyWiMAX or other Internet-connected systems and determine when action must be taken.
It is expected that all KyWiMAX customers will follow the policies set forth herein. Protection of KyWiMAX technical resources and KyWiMAX's ability to continue to provide high-quality service to its customers, compliance with existing laws and regulations, and the protection of KyWiMAX's reputation as a service provider are all contributing factors to the policies outlined below.
Access to KyWiMAX's Internet Service is provided subject to the following terms and conditions:
1. Warranties/Disclaimers
KyWiMAX Internet service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to KyWiMAX or any information or software therein. You release KyWiMAX from and KyWiMAX shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by you in connection with your use of or inability to use the KyWiMAX services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by KyWiMAX's own negligence. Without limiting the generality of the foregoing, KyWiMAX disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods, and services available on or through the Internet or the KyWiMAX services. In no event shall KyWiMAX aggregate liability exceed the amount paid by you to KyWiMAX for the KyWiMAX services. Use of any information obtained via KyWiMAX Internet service is at the user's own risk. KyWiMAX specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
2. Security
The customer is responsible for all use of customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. KyWiMAX will suspend access or change access to customer's account(s) immediately upon notification by customer that customer's password has been lost, stolen, or otherwise compromised. KyWiMAX is not liable for any usage and or charges prior to KyWiMAX making the necessary account alteration. Electronic mail on this system is as private as we can make it. KyWiMAX customers are reminded that no computer system can be considered safe from intrusion. E-mail may pass through many computer systems and should not be considered a secure means of communication unless encrypted, and even encrypted information is only as secure as the encryption method utilized.
3. Personal Files
KyWiMAX is not responsible for customer's personal files residing on KyWiMAX. Customer is responsible for independent backup of customer's data that is stored on KyWiMAX. KyWiMAX reserves the right to delete customer's personal files after one or both parties terminates the service agreement between KyWiMAX and customer.
4. Non-Transferability of Account
The right to use KyWiMAX Internet service is not transferable. Use of KyWiMAX accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. A customer may use no more than one log-in session per account at any time. If a customer has multiple accounts, the customer is limited to one log-in session per account at any time.
5. Network Address Ownership
Any network address assignments issued by KyWiMAX (i.e., Class C address space) are the property of KyWiMAX and are considered to be loaned to its customers. In the event service with KyWiMAX is discontinued for any reason, such addresses will revert to KyWiMAX.
6. Compliance with All Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations. Reproduction or transmission of any material in violation of any local, state, U.S. , or international law or regulation is prohibited. Customer agrees that any material to be reproduced or transmitted on KyWiMAX service through customer's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others or contain anything obscene, libelous, or threatening. Software intended to facilitate any such violations or infringements may not be stored on KyWiMAX. Customer shall defend, indemnify, and hold harmless KyWiMAX from and against any claims, liabilities, and expenses, including attorneys fees, resulting from customer's use of the KyWiMAX service or customer's account in an unlawful manner or otherwise in violation of or contrary to customer's agreement with KyWiMAX or KyWiMAX Acceptable Use Policies. At KyWiMAX's discretion, KyWiMAX may revoke customer's access to KyWiMAX services or accounts for inappropriate usage.
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by KyWiMAX and may result in termination of the account(s) if the investigation determines the customer to have originated or transmitted these types of traffic. In addition, KyWiMAX reserves the right, where feasible, to implement technical mechanisms that block multiple postings by a KyWiMAX customer as described in (a) and (b) below before such postings are forwarded: (a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles that are off-topic (e.g., off-topic according to the newsgroup charter, or the article provokes complaints from the regular readers of the newsgroup for being off-topic). (b) Sending unsolicited mass e-mails (i.e., to more than 25 users) that provoke complaints from the recipients. (c) Engaging in either (a) or (b) from a provider other than KyWiMAX and using an account.on KyWiMAX as a mail drop for responses, or to draw attention to a Web site housed within KyWiMAX networks. (d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by KyWiMAX. (e) Mail bombing (i.e., sending large volumes of unsolicited e-mail to individuals or to individual business accounts). (f) Impersonating another user or otherwise falsifying one's user name in e-mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.) (g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user. (h) Use of IRC bots or clonebots on KyWiMAX, whether on IRC servers controlled by KyWiMAX or by other parties. An IRC bot is a program that runs and is connected to an IRC server 24 hours a day, automatically performing certain actions. (i) Network unfriendly activity: Attempts to interfere with the regular workings of KyWiMAX systems or network connections or that adversely affect the ability of other people or systems to use KyWiMAX services or the Internet, including, but not limited to: Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other KyWiMAX system; Any use of this or any other KyWiMAX system as a staging ground to disable other systems.
10. Excess Use of System or Network Resources
KyWiMAX account descriptions in some cases may specify limits on bandwidth, CPU, and disk use for certain types of customers and use up to these limits is included in the price for that type of customer. In the event KyWiMAX determines that a customer is exceeding the bandwidth, CPU, and/or disk use limits, the customer will be notified by e-mail. If the excess use continues for more than 48 hours after such notification, the customer may be requested to upgrade to a Web hosting service agreement or to modify the activity creating the excess use. If excessive bandwidth, CPU, or disk space use is determined by KyWiMAX to adversely affect KyWiMAX ability to provide service for all customers, immediate action may be taken to alleviate the problem. In such event, the customer will be notified by e-mail as soon as practicable.
11. Compliance with Rules of Other Networks
Any access to other networks connected to KyWiMAX Internet service must comply with the rules for that other network as well as with KyWiMAX's rules.
12. Monitoring/Privacy
KyWiMAX reserves the right to monitor any and all communications through or with KyWiMAX facilities. Customer agrees that KyWiMAX is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for KyWiMAX employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. KyWiMAX also reserves the right to access a customer's mailbox or other files stored on KyWiMAX systems to resolve system problems or mail system errors.
13. Cooperation with Authorities
KyWiMAX reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity, including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence, or other illegal activity.
14. Confidentiality of Personal Subscriber Information
KyWiMAX will not release a customer's personal subscriber information, nor a customer's billing information, to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Customer agrees that KyWiMAX judgment as to the validity of any court order of subpoena shall be considered proper and final.
15. KyWiMAX's Right to Suspend or Cancel Account
KyWiMAX reserves the right to suspend or cancel service to a customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided or by sole judgment of KyWiMAX that the customer may be performing activities harmful to KyWiMAX or its customers, employees, vendors, business relationships, or any other users of the Internet.
16. Right to Damages
KyWiMAX reserves the right to collect damages (software, hardware, and man hours) if any harm is done to KyWiMAX that requires repair or reconfiguration of any kind.
17. Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action KyWiMAX may take or remedies available to KyWiMAX in any way with respect to any of the described conduct. KyWiMAX reserves the right to take any additional actions KyWiMAX may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the KyWiMAX service, and levying cancellation charges to cover KyWiMAX costs in the event of disconnection of dedicated access for the causes outlined above. In addition, KyWiMAX reserves at all times all rights and remedies available to KyWiMAX with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and KyWiMAX reserves the right to enforce such policy or rule at its sole discretion.
18. KyWiMAX's Right to Change Service
KyWiMAX reserves to right to change without notice the KyWiMAX service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, and services offered.
KyWiMAX's Right to Modify Its Acceptable Use Agreement
KyWiMAX may modify its Acceptable Use Agreement upon notice published online via KyWiMAX. Customer's use of KyWiMAX services after such notice shall constitute customer's acceptance of the modifications to these policies.