KCnet, Inc. Terms of Service (TOS)

  1. Disclaimer.  KCnet shall provide services to its network users, subject to the following Terms of Service (TOS), and the use of KCnet services constitutes full acceptance of all terms and conditions of this agreement.  KCnet reserves the right to modify the TOS as it deems necessary without permission or consent of its network users, and the current version will remain available at http://www.kcnet.com/html/tos.html.  KCnet makes no warranties and accepts no responsibility for the accuracy or quality of any information obtained from KCnet or through its networks, and the use of this information is entirely at users own risk.  KCnet will not be responsible for any damage, including direct, indirect, consequential or incidental that is incurred or suffered as a result of reliance on said information.  This includes, but is not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or others omissions or errors.

  2. System Abuse.  User account may be immediately suspended or terminated, without notice or refund of any prepaid subscription fees, due to violations which are determined by KCnet, in its sole discretion, to be system abuse.   KCnet maintains a zero tolerance policy with regard to unsolicited commercial email (UCE).  System abuse includes, but is not limited to the following:

    1. Sending UCE through any portion of KCnet networks, or making any reference within a UCE message, sent by user or any agent acting on user's behalf, to any web site, email address, or other resource within KCnet networks.  If evidence of a violation of UCE policy is discovered by KCnet, additional charges will be assessed to user account in the amounts of $10.00 per UCE message passing through KCnet networks, $10 per bounce or returned messages due to Reply-To forgeries, and $50 per complaint received by KCnet.  Additionally, user account will be subject to immediate termination.

    2. Posting messages to any news group that violates the charter of the group by user or any agent acting on user's behalf.  Generally the news group moderator or administrator shall make the determination whether a given message violates the charter.

    3. Sending threatening or harassing messages such as the threat of violence or damage to persons or property.

    4. Making available pornography, information that promotes illegal
      activity, information or software that promotes UCE distribution,
      or content that may be damaging to any portion of KCnet networks
      or any other internet resource.

    5. Attempting to circumvent security or adversely affect any host or server via connection through KCnet networks.

    6. Use of KCnet services in violation of any applicable federal, state, or local law or regulation.

  3. Personal Dial-up Account Access.  A dial-up account with KCnet entitles only the named user and members of the same household living at the same address to establish a dial-up connection.  Under no circumstances may multiple dial-up connections be established simultaneously to the same account.  A personal World Wide Web home page may not be used for commercial activity.  KCnet reserves the right to determine what is considered commercial web marketing and sales.

    Unlimited dialup access provides for attended non-continuous use, NOT dedicated connect time.  Offering any public information service or running any type of server, such as a web server or FTP server, is prohibited.  Using programs to defeat inactivity timers or the use of auto-dialers is prohibited.  Excessive use or abuse of shared network resources will result in account classification change to dedicated status and will be billed as such.  KCnet reserves the right to determine at its sole discretion what it considers to be continuous connect time, and will refuse access to any non-dedicated dialup account identified as such.

  4. Data Storage and File Transfer.  User agrees that KCnet provides temporary storage of data, and user is solely responsible for providing primary backup of all data stored on KCnet servers.  KCnet shall make every reasonable effort to perform short term backup of user data to be used for recovery operations from any type of on-site equipment failure.  For commercial sites, free storage of data is provided as specified by each hosting plan, and additional storage shall accrue charges on a daily basis.  For personal sites, storage space is limited to 5 MB, and all email accounts include a default mail spool storage limitation of 5 MB.  Personal home pages are allowed 250 MB of traffic per month at no charge, and an additional charge of $.15 per megabyte will be assessed for file transfer in excess of this limit.

  5. Account Billing.  The monthly billing cycle begins on the first day of each calendar month.  For accounts not activated on the first of the month, charges will be prorated for the first month of service.  Invoices for service are submitted monthly in advance, and charges will accrue each month until notification by user of account termination.  Any billing dispute not reported to KCnet within 60 days of the invoice date is invalid.

    Modifications to an account will become effective on the first day of the next billing period, and are charged $5.00 per occurrence.  A modification is any change to username/email address, service plan, etc.  There is no charge for changes in personal information such as a password change, change of address, or billing information.

    Invoices are processed on the first of the month and payment is due upon receipt for current monthly fees and all additional charges incurred during the previous month.  Accounts are delinquent if account balance is not paid in full by the 15th of the month.  Access to service may be denied without user notice for any delinquent account, and a $10 service charge will be assessed to reinstate service.

  6. Account Termination.  User may cancel their whole account and/or any individual service options affiliated with their account at any time.  The user must call our office at 816.221.4658 (within Kansas City) or 800.447.9817 (outside Kansas City) to obtain an Account Termination Code.  This code will serve as verification that the request has been received.  A termination request is not valid without an assigned account termination code,  regardless of whether or not the account(s) have been used.   Termination requests through any other method are not valid.
     
    1. For monthly users, cancellations are effective on the last day of the calendar month which the termination request is received.   Charges are not prorated for the last month of service, and no refunds will be made for any account termination for any reason.
       
    2. For users who have subscribed to annual contract terms, cancellations are effective on the last day of the annual billing cycle. Charges are not prorated for the duration of the contract period and no refunds will be made for any account termination for any reason.

 

Last Updated 31-Jul-2000

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