This Agreement is between USER and Broadband on Demand, LLC, DBA Kentucky WiMAX, a Kentucky Limited Liability Corporation doing business at 1235 Lebanon RD., Danville, KY 40422. This agreement is the sole agreement between USER and Broadband on Demand, LLC, DBA Kentucky WiMAX, and supersedes any other written or oral agreement. This agreement is bound when any user initiates service with Broadband on Demand, LLC, DBA Kentucky WiMAX. Broadband on Demand, LLC, DBA Kentucky WiMAX also reserves the right, upon published notice to USER’s electronic mail account, to modify the terms and conditions specified below. Failure to comply with stated policies will result in termination of accounts or services.
The laws of the Commonwealth of Kentucky govern this Agreement, Subscriber’s account, Broadband on Demand, LLC, DBA Kentucky WiMAX, its directors, officers, employees, agents, subsidiaries and parent company.
Subscriber agrees that the law of our own commonwealth, Kentucky, will apply to all matters relating to this agreement and to our computer systems and network. In addition, Subscriber agrees and consents that if Subscriber ever takes legal action against us, the courts of our own commonwealth, Kentucky, will have exclusive jurisdiction over any such legal actions. All matters with respect to this agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the Commonwealth of Kentucky applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise by applicable under principles of conflicts of law). All actions filed with respect to this agreement will be filed in the Circuit or District Court of Boyle County Kentucky and the parties to this agreement consent to the personal jurisdiction of our courts.
Registration Requirements
Subscriber represents that he/she is at least 18 years of age and has the right and ability to enter into this Agreement. By accepting this Agreement, Subscriber represents that they meet this age requirement. Minors who use the Service are required to have parental or guardian consent to do so.
Subscriber agrees to provide Broadband on Demand, LLC, DBA Kentucky WiMAX with accurate and complete contact information including legal name, physical street address and local telephone numbers. Broadband on Demand, LLC, DBA Kentucky WiMAX may refuse service if any contact information is found to be inaccurate or unverifiable. Any changes to address or contact information must be reported to Broadband on Demand, LLC, DBA Kentucky WiMAX within 10 days of the change.
Use of Services
Subscriber agrees that all use of Broadband on Demand, LLC, DBA Kentucky WiMAX’s Services are to be used for Subscribers’ own use and may not be provided or resold to, in any manner, whether wholesale or retail, to the public or to any of Subscriber’s customers, clients or tenants, without prior written consent from Broadband on Demand, LLC, DBA Kentucky WiMAX.
Revealing your account passwords to others or allowing use of your account by others is prohibited. Subscriber is responsible for ensuring the privacy of their passwords are protected.
Subscriber is solely responsible for the provisioning, configuration and maintenance of all equipment of Subscriber’s premise, including but not limited to, computer equipment, software, modems and phone lines.
Internet Services – Guarantees
Broadband on Demand, LLC, DBA Kentucky WiMAX’s high speed Internet access is offered only as a best effort service and should not be used for applications where availability and bandwidth are mission critical.
Unless otherwise specified on a given Broadband on Demand, LLC, DBA Kentucky WiMAX rate plan, Broadband on Demand, LLC, DBA Kentucky WiMAX does not provide any minimum speed guarantee. The advertised speeds on non-guaranteed rate plans are maximum speeds only. Actual obtainable speeds on these plans may be markedly lower and will vary depending upon many factors including location of your home or office, quality of equipment, computer performance and configuration, network or Internet congestion, Internet sites accessed and current weather conditions. Uninterrupted and error free service is not guaranteed. Business Class service will take precedence over Residential Class service during outages and upgrades.
Acceptable Use Policy
The use of Broadband on Demand, LLC, DBA Kentucky WiMAX service for illegal purposes is prohibited. Use of Peer to Peer, Torrent, or other mass downloading applications is strictly prohibited. Unlawful use may include, but is not limited to: illegal on-line gambling, transmissions, posting or downloading of illegal pornography, intentional spreading of computer viruses or harmful code, unlawful entry into public or private computer systems including Broadband on Demand, LLC, DBA Kentucky WiMAX’s own network infrastructure, trafficking in stolen credit card codes, use of the Broadband on Demand, LLC, DBA Kentucky WiMAX network in violation of the Digital Millennium Copyright Act (DMCA), or any other violation of an applicable federal, state, or local law will result in immediate account termination.
Broadband on Demand, LLC, DBA Kentucky WiMAX reserves the right to restrict, suspend or cancel Subscriber’s service if Subscriber’s use is considered excessive, abusive, or in any way interferes with other Broadband on Demand, LLC, DBA Kentucky WiMAX subscribers or Broadband on Demand, LLC, DBA Kentucky WiMAX’s networks, at Broadband on Demand, LLC, DBA Kentucky WiMAX’s sole discretion.
Electronic Mail
Any use of Broadband on Demand, LLC, DBA Kentucky WiMAX’s electronic mail systems other than to send correspondence to a known personal recipient or business contact is strictly prohibited.
Forging of message headers, for the purpose of masking Subscriber’s identity, is prohibited.
Spamming is the common term for the sending of unsolicited emails. The sending of such emails is an extremely undesirable activity in the Internet community and may be a violation of state and/or federal laws. Unsolicited mail sent from, through, to, or in reference to Broadband on Demand, LLC, DBA Kentucky WiMAX services or Subscribers is prohibited. Any violation of this or any of the following policies may result in the immediate termination of Broadband on Demand, LLC, DBA Kentucky WiMAX services without notice or refund, and a maintenance fee up to $200.00 per day may be charged to cover our costs of ensuring that all traces of the mailings have been eliminated, including removing messages in our mail input queues, answering complaints and removing Broadband on Demand, LLC, DBA Kentucky WiMAX from any spam-block lists.
Bulk email, even when solicited, is prohibited unless prior written consent is obtained from Broadband on Demand, LLC, DBA Kentucky WiMAX. The sending of bulk email messages is defined as sending 50 or more mostly identical messages during a 24-hour period.
Chain letters, “Get Rich Quick” schemes, or other potentially fraudulent content is prohibited.
Accounts that have not been accessed in 30 days will be marked inactive. Inactive accounts that have not been reactivated will be removed after 90 days.
Unauthorized Solicitation
The use of any Broadband on Demand, LLC, DBA Kentucky WiMAX service, network, or system to solicit Broadband on Demand, LLC, DBA Kentucky WiMAX Subscribers by other competitive services is prohibited
Harassment, Hacking and Fraudulent Behavior
Threatening actions of any kind with the implication or intent to harm persons, groups or property is prohibited. Harassment of any kind with the intent to annoy or threaten other persons is prohibited.
Broadband on Demand, LLC, DBA Kentucky WiMAX forbids active searches for security problems in Broadband on Demand, LLC, DBA Kentucky WiMAX’s network, or any other network, reachable by Subscriber. Broadband on Demand, LLC, DBA Kentucky WiMAX will pursue all legal avenues against those violating this policy, including but not limited to, criminal prosecution.
Subscriber will not attempt to probe, undermine, hinder, damage, or disrupt the hardware, software, or security of the Broadband on Demand, LLC, DBA Kentucky WiMAX system, the Broadband on Demand, LLC, DBA Kentucky WiMAX network, the Internet, or any system reachable directly or indirectly through our service.
Any access to other networks through Broadband on Demand, LLC, DBA Kentucky WiMAX must comply with the rules appropriate for that network. Specifically, this prohibits any commercial use of any public access network without prior consent from the administrators of that network.
Subscriber will not make fraudulent offers of products, items or services originating from Broadband on Demand, LLC, DBA Kentucky WiMAX.
Malicious Conduct / Violations of the Law
Subscriber may use Broadband on Demand, LLC, DBA Kentucky WiMAX’s Services for lawful purposes only. All uses of Services by Subscriber shall comply with all local, state and federal laws as well as all rights, obligations, limitations or other interests of any third person or entity.
Unauthorized copying of copyrighted material, including but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, music, and copyrighted software is prohibited. The Subscriber assumes all risks regarding the determination of whether material is in the public domain.
Using Broadband on Demand, LLC, DBA Kentucky WiMAX services to post or transmit, in any form, any threatening, abusive, libelous, defamatory or otherwise objectionable information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, or Federal law or regulation, including without limitation, the U.S. export control laws is strictly prohibited. Broadband on Demand, LLC, DBA Kentucky WiMAX reserves the right to, in its reasonable good faith discretion and without notice, to provide Subscriber information to the courts, law enforcement agencies or others involved in the prosecuting claims or investigations for conduct alleged to be illegal or to threaten or violate the rights of any person or entity.
Billing
Subscriber shall pay, in accordance with the provisions of the billing option selected by Subscriber, any registration or monthly fees, late fees, connect time charges, minimum charges and other charges incurred by Subscriber at the rates in effect for the billing period in which those charges are incurred.
All monthly subscription fees are applicable each month, regardless of how many hours the Service is used and regardless of the number of days in the month that the Subscriber has an account with Broadband on Demand, LLC, DBA Kentucky WiMAX. Usage-based fees will be billed in the calendar month subsequent to when they were incurred by Subscriber.
Subscriber shall pay all applicable taxes, government fees or FCC fees related to use of the Services.
Activation, installation, fulfillment, shipping, and handling fees are non-refundable. Any applicable money-back guarantees cover refunds of the first month’s basic service charges only.
If remitting payment by credit card, Subscriber hereby authorizes Broadband on Demand, LLC, DBA Kentucky WiMAX to charge all amounts owed to Broadband on Demand, LLC, DBA Kentucky WiMAX to his/her credit card. Subscriber assumes all responsibility for notifying Broadband on Demand, LLC, DBA Kentucky WiMAX of changes in credit card numbers and/or expiration dates.
Billing Cycle
The billing cycle is based upon the calendar month, beginning at 12:00am on the first day of a given month and ending at 11:59pm on the last day of the same calendar month.
Activation fees, registration fees and monthly recurring fees are billed in advance at the beginning of each month for the upcoming month of service.
Credit Card Policies
Payments made by credit-card billing are posted automatically at the beginning of each billing cycle. The amount of the payment will be whatever amount is required to bring the account total to zero.
Broadband on Demand, LLC, DBA Kentucky WiMAX accepts either American Express, Discover, MasterCard or Visa credit/debit cards for payment.
Subscribers who choose credit-card billing enjoy automatic and hassle free payment of their Broadband on Demand, LLC, DBA Kentucky WiMAX account. Each month’s fees will be automatically charged unless otherwise specified by customer.
Please understand that Broadband on Demand, LLC, DBA Kentucky WiMAX will be unable to process payment for a given account if the credit-card expiration date is expired, if the bank is declining credit or if the card has been reported lost or stolen.
In any of these events, Broadband on Demand, LLC, DBA Kentucky WiMAX will send electronic mail to the customer informing them of this situation.
Broadband on Demand, LLC, DBA Kentucky WiMAX reserves the right to limit access to any Subscriber if Broadband on Demand, LLC, DBA Kentucky WiMAX is unable to process their credit-card payment, regardless of cause.
Returned Checks and Credit-Card Charge-Backs
Returned checks (returned as insufficient funds, stopped payment, etc.) will result in a $20.00 service fee.
Credit-card charge-backs will result in a $30.00 service fee.
Indemnity
Subscriber agrees to defend, indemnify and hold Broadband on Demand, LLC, DBA Kentucky WiMAX and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, resulting from use of the Service which damages Subscriber or another party.
Terms of Agreement
This agreement is effective from Subscribers acceptance thereof, which is indicated by Subscriber’s initial use of Service.
Disclaimer of Warranty
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE SUBSCRIBER’S SOLE RISK. NEITHER Broadband on Demand, LLC, DBA Kentucky WiMAX NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES Broadband on Demand, LLC, DBA Kentucky WiMAX OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. NEITHER Broadband on Demand, LLC, DBA Kentucky WiMAX NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY. SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. SUBSCRIBER AGREES THAT IT WILL NOT IN ANY WAY HOLD Broadband on Demand, LLC, DBA Kentucky WiMAX RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.
Subscriber acknowledges that Internet sites and use of the Internet might consist of, include and/or provide access to images, sound, text and other content that may be unsuitable for children and may be objectionable to adults. Subscriber acknowledges that Broadband on Demand, LLC, DBA Kentucky WiMAX is not responsible for any such content or material and agrees that access to same through use of the Services is at Subscriber’s sole risk.
Subscriber acknowledges that the reliability, availability and performance of resources accessed through the Internet are beyond Broadband on Demand, LLC, DBA Kentucky WiMAX’s control and are not in any way warranted or supported by Broadband on Demand, LLC, DBA Kentucky WiMAX. Subscriber acknowledges that safeguards relative to copyright, ownership, decency, obscenity, security, reliability and integrity of content may be entirely lacking with respect to the Internet and content accessible through it. Subscriber acknowledges that Broadband on Demand, LLC, DBA Kentucky WiMAX does not evaluate, endorse or in any way vouch for the accuracy, completeness, truthfulness, security or reliability of any service, opinion, material of information made available through the Services. Subscriber assumes all risk and liability for use of the Internet.
Broadband on Demand, LLC, DBA Kentucky WiMAX assumes no liability for damage to account files or loss of data due to Broadband on Demand, LLC, DBA Kentucky WiMAX’s direct or indirect fault. Broadband on Demand, LLC, DBA Kentucky WiMAX assumes no liability for connect time charges that are attributable to the Subscriber’s failure to maintain confidentiality or from failure to protect the password from unauthorized Subscribers. Broadband on Demand, LLC, DBA Kentucky WiMAX makes no guarantee and assumes no liability for the security of any data on any server including “secure servers”. The Subscriber acknowledges that there is no guaranteed privacy on the Internet and that Broadband on Demand, LLC, DBA Kentucky WiMAX is not liable for any viewing or interception of the Subscriber’s email, news, etc. by outside parties.
While Broadband on Demand, LLC, DBA Kentucky WiMAX does not typically monitor the content of any of the Subscriber’s files or activity, Broadband on Demand, LLC, DBA Kentucky WiMAX reserves the right to monitor Subscriber activity if applicable activity adversely impacts Broadband on Demand, LLC, DBA Kentucky WiMAX’s Services or customers.
Right of Refusal
Notwithstanding any other provision of these guidelines, Broadband on Demand, LLC, DBA Kentucky WiMAX reserves the right to refuse service to any one for any reason, including but not limited to inappropriate postings, uploading or the inclusion of objectionable materials in web-hosting space. If Broadband on Demand, LLC, DBA Kentucky WiMAX, in its sole discretion, deems that the above guidelines are being violated, for any reason, it reserves the right to terminate the offending account immediately without notice or refund.