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Internet Kmoraine reserves the right to change
rates by notifying the Customer thirty (30) days in advance of the effective
date of the change. Fixed charges for the Service are billed in advance for
the entire term of this agreement. Invoices are mailed to the Customer on the
first day of the month of the contract term. Any usage-based charges are
billed on a monthly basis regardless of the terms of the contract.
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Invoices are NET 20 (due and payable within twenty (20) days of issue).
If a Customer account is more than thirty (30) days overdue it will be
assessed a late charge of 1.5% per month (or the maximum allowed by law)
on the overdue balance. After such period, the Customer will be disconnected
and removed from the Internet Kmoraine databases.
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Internet Kmoraine will charge a reconnection fee if the Customer is
disconnected due to non-payment. If a Customer payment is returned to
Internet Kmoraine unpaid, the Customer is immediately in default and
subject to a returned check charge. If the Customer account must be referred
for collection, the Customer will be liable for any and all collection costs,
including any legal fees.
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The Customer must pay for the Service even if the Customer could not use the
Service for some or all of the current term, provided that the Service was
properly working. The Customer is responsible for all use of the Service
chargeable to his/her account, even if he/she did not authorize that use.
The Customer will pay all fees and charges incurred by Internet Kmoraine due
to the use of the network by the Customer (such fees and charges include but
are not limited to purchases made from Internet Kmoraine, and surcharges
incurred while using chargeable Internet services, etc. |
Internet Kmoraine exercises no control over,
and assumes no responsibility for, the information passing through the
Internet Kmoraine network or the Internet. The Customer understands that
he/she may find some of this information inaccurate, offensive, or illegal,
and agrees that Internet Kmoraine will not be held liable in any way for any
damages resulting from the perusal or use of any information obtained while
using the Internet Kmoraine network. The Customer is fully responsible for
the privacy, content, accuracy, quality, and liability of his/her
communications. |
Internet Kmoraine grants the customer a
non-assignable, non-transferable license to use the Service. The customer
agrees not to sell, share, lend, or otherwise allow any other person or
entity to access the Service. |
Internet Kmoraine may disconnect the Customer at any
time without prior notice if, in the sole opinion of Internet Kmoraine, the
Customer is violating any of these terms and conditions, or is using the
Service in a way harmful to Internet Kmoraine or to other members of the
Internet Community. Internet Kmoraine may exercise any and all other remedies
permitted by law if damages result from the Customer’s violation of any of
these terms and conditions. |
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The Customer’s sole remedy in the case of improper
disconnection is a credit for the duration of the disconnection, which credit
shall be on a prorata basis and under no circumstances whatsoever shall it
exceed the base monthly wireless charge for the month in which the improper
disconnection occurred. |
Internet Kmoraine is not
responsible for the security at the Customer site. The Customer understands
that the Internet Community may include individuals who are willing and able
to access his/her accessible Internet resources (including products, services,
software, equipment, and or facilities) against his/her wishes, and that such
unauthorized access may result in the theft, alteration, loss, or destruction
of those resources. The Customer accepts the entire responsibility for
protecting his/her Internet accessible resources from theft, alteration,
loss or destruction due to unauthorized access by Internet users. Internet
Kmoraine accepts no liability for any damages suffered by the Customer
due to unauthorized access by Internet users under any circumstances. |
Unauthorized use of Internet Kmoraine services
includes, but is not limited to, the following examples: illegal or criminal
activities; sending or posting fraudulent or harassing electronic messages
(including "spamming"-sending a message's content to an unreasonable number
of mail addresses or message areas, as well as unsolicited mailing of
commercial sales pitches); posting messages to public message areas which
violate any restriction in that area's charter or policy; use, attempted use
or possession in one's account of programs in order to interfere with Internet
Kmoraine's system, defraud customers or gain unauthorized access to computers,
networks, file areas or system privileges; taking unauthorized actions on IRC
servers, such as cloning and running bots intended to take malicious action;
placing pictures of nudity in Internet Kmoraine WWW directories; or, placing
files containing commercial software in file areas accessible by the public. |
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The Customer may make any lawful
use of the Service as well as any information, software, or content received
through the use of the Service, with the exceptions detailed in this document.
The Customer may not use the Service to perform any act or transmit any
information, which violates any international, federal, state, or local law
and/or regulation. Use of the Internet Kmoraine network for commercial purposes
is both permitted and encouraged. The Customer accepts sole responsibility to
familiarize himself or herself with and abide by the policies of any other
networks or political or administrative domains that his/her messages may
traverse during the use of the Service. Internet Kmoraine is not responsible
for informing the Customer of the policies of any other network or political
or administrative domain. The Customer agrees to make a bona-fide effort to
respect the conventions of the Internet Community and any Internet resources
that he/she may access. |
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Unsolicited mass/bulk mailings (also known as "Spamming")
are not permitted. The Customer agrees not to perform unsolicited mass/bulk
mailings or to otherwise interfere with or prevent the use of the Internet by
any other member of the Internet Community. |
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The Customer agrees not to attempt to access, or to
access any systems or information for which access has not been authorized by
the owners of those systems or of that information. Use of the Internet Kmoraine
network constitutes acceptance of these terms and conditions. |
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A single user on a single computer licenses the Service
for use. You may not run server software on your computer for an extended
period of time, including but not limited to: FTP, Web or Hotline. To run
such services, you must contact our office for dedicated or continuous
connect information. If your computer has been connected for an excessive
amount of time with only an automatic query that simply keeps the connection
alive, this is considered abuse of the Service and may subject your account
to termination without notice. Questions regarding acceptable use of Internet
Kmoraine services should be sent to support@Kmoraine.com |
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A violation of the Acceptable Use Policy may result
in a termination of your privileges. Any refund of prepaid fees will be subject
to offset of administrative charges incurred by Internet Kmoraine. Refunds for
accounts closed due to a direct violation of the User Policy Agreement will
only be granted at the discretion of Internet Kmoraine. |
The Customer accepts the entire risk for his/her
use of the Internet, with exceptions as outlined below. Internet Kmoraine
guarantees that the Customer will be satisfied with the Service. The Internet
Kmoraine network will be functional at least 95% of the term of this agreement.
The sole remedy of the Customer in the case of damages or dissatisfaction
arising from use of the Service is a prorata refund of the monthly base
wireless charge, which refund shall be limited to a refund of the monthly
base wireless charge for the month in which the damage or dissatisfaction
occurs. |
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This guarantee is the limit of the liability of
Internet Kmoraine for any damages suffered by the Customer, even if such
damages were caused by the acts, errors or omissions, including, but not
limited to, intentional acts of any Internet Kmoraine employee or authorized
agent. |
Basic and Premium Internet Kmoraine Dial-up
accounts are limited to one PPP login per account at any given time. A
standard Internet Kmoraine account provides access to browse the Internet,
and should only be connected when a user is actively using the Internet.
A standard Internet Kmoraine account shall not be used to run a server
providing an information service over a user's modem connection such as
an FTP or WWW server. A connection held for extended periods of time by
automated methods or server software are in violation of this Policy, and
will have their connection terminated, account suspended and/or billing
for dedicated modem/line, wireless services at the rate of $125.00 for
the month in which the infraction occurred. No subscriber is permitted
to "resell" his/her account or use of their connection in any way including
private "web page", "home page" or telecommunications (BBS) services. Doing
so will result in immediate disconnection. Internet Kmoraine, although not
engaged in censorship of materials gained through use of the Internet and
our subscribers' connections, strictly prohibits the publication of obscene
material, photography or images or malicious text intended to slander or
liable any individual or company on any "home page", "web page" or postings
within the Internet Kmoraine network. Doing so will result in immediate
removal of all materials and disconnection of services. |
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Although a Standard Internet Kmoraine Dial-up
account allows unlimited monthly access, to insure the system is not abused
and all customers have equal access, a connection may be disconnected after
eight (8) consecutive hours of connectivity. |
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Internet Kmoraine may take any one or more the
following actions in response to violations of this Acceptable Use Policy:
Issue written or verbal warnings, suspend the customer's account, terminate
the customer's account, deny the customer future service, or bill the
customer for administrative costs and/or reactivation charges, as
ppropriate. |
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All new accounts are due and payable prior to the
period subscribed or WITHIN 10 DAYS of the invoice date if the account is
a "billed account". We accept cash, check, or major credit cards for payment
of accounts. All billed accounts will be invoiced on the expiration date
and will be due and payable before the period subscribed or renewed for.
It is assumed that the subscriber is renewing their service in order to
prevent interruption of their services unless written notification by email
or US Postal is received by Internet Kmoraine to the contrary. INTERNET
KMORAINE MUST BE NOTIFIED 30 DAYS IN ADVANCE OF THE NEXT TERM OF ANY
CANCELLATIONS. REFUNDS WILL ONLY BE ISSUED FOR CUSTOMERS CANCELING DUE
TO MOVING OUT OF THE AREA OR VALID COMPUTER PROBLEMS THAT PREVENT THEM
FROM USING THE SERVICE. |
The Customer shall indemnify, defend, including
reasonable attorney fees, and hold harmless Internet Kmoraine , as well
as their officers, directors, employees, agents and assigns, from any and
all damages, claims, losses, liabilities, demands, or suits arising out of
the use of the Service by the Customer or any other person or entity. |
Internet Kmoraine reserves the right to change
or otherwise modify this Agreement at any time without the consent of the
Customer. These said changes will become effective at the expiration of
the current term, provided the Customer receives written notification prior
to the expiration of the current term. Both the Customer and Internet
Kmoraine must approve changes to this agreement in writing. Internet
Kmoraine reserves the right to negotiate different Agreements with other
customers. |
The Laws of the State of Wisconsin govern this
Agreement, and the courts of Wisconsin, shall have exclusive jurisdiction
over causes of action arising between the Customer and Internet Kmoraine. |
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Failure to enforce any aspect of this agreement at
any time does not constitute a waiver of the right to enforce that or any
other aspect of this agreement at any other time. |
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The headings of the articles in this document are
for convenience only and have no significance in the legal interpretation
of this Agreement. |
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Invalid clauses are severable. If any part of this
agreement is found by a court of competent jurisdiction to be invalid for
any reason, the remainder of the agreement shall not be affected. |
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Internet Kmoraine is not responsible for telephone
company (local or long distance) charges incurred by customer attempting to
reach the Internet Kmoraine network. |
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