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KCTC Internet Service Agreement
Kalona Cooperative Telephone Company, its employees, and contractors,
hereinafter referred to as "KCTC," and you, the user, hereinafter referred to
as "User," shall comply with all policies set forth in this Internet Service Agreement
and TOS linked below, and hereby agree as follows:
- KCTC will provide, for the contracted fee, point of presence
Internet Service access to User, hereinafter referred to as "service".
This service is provided on an "AS IS" and "AS AVAILABLE"
basis without warranties of any kind, either expressed or implied.
- User will pay KCTC the contracted fee as required for service
access. KCTC may terminate the user/service upon default of the account. Default
includes failure to pay any amount due to KCTC, the filing of a petition of bankruptcy,
or the inability/failure of the user to remediate any violation of service (not
limited to default) listed in this agreement or the TOS linked below.
- User agrees that, to the maximum extent permitted by law, KCTC
shall not be liable for any damages whatsoever (including without limitation,
special, incidental, acts of omission, consequential, or indirect damages, for
loss of business income, business interruption, loss of business information,
loss of business or pleasure, or any other pecuniary or non pecuniary losses)
arising out of the use of or inability to use KCTC's Internet access service.
This limit of liability is effective even if such damage results from negligence
on the part of KCTC, an employee, authorized agent or representatives; or if KCTC
has been advised of the possibility of such damage prior to its occurrence.
- The user is responsible for the use and compatibility of hardware
or software not provided by KCTC. In the event that a user implements hardware
or software which impairs the use of the service, the customer is still responsible
for the contracted fee. Should the users hardware or software cause a hazard,
interference (of any kind), or service obstruction, KCTC will take action against
the user, up to the point of termination. KCTC shall not be responsible if changes
in service cause any hardware or software to become obsolete or to require modifications/upgrades.
KCTC also reserves the right to allow or refuse any hardware or software connection
to the service.
- User agrees and holds harmless KCTC for any loss of business
income, business information, business data (including e-mail), loss of business
or pleasure, or any other pecuniary or non-pecuniary losses user may suffer which
result from any failure of performance, error, omission, interruption, defect,
delay in operation of transmission, line failure, power interruption, server downtime,
computer virus, software issue, hardware failure, fire, force majesture, Act of
God, or similar events.
- User agrees that in any event, KCTC's entire liability to User
for all losses, damages, under any cause of action shall not be greater than the
monthly amount paid to KCTC by the User to access this site.
- User agrees and holds harmless KCTC for any and all damages
suffered as a result of a computer virus, regardless of the source of the virus
and regardless of whether the virus was contracted by the User from the Internet
or through software distributed to the User from any source. The user acknowledges
and assumes all risks related to computer viruses.
- User acknowledges KCTC's interest in protecting the integrity
of its point of presence connection and hereby authorizes KCTC to remove or delete
any and all User files which KCTC discovers and determines offensive by a moderate
standard. User further acknowledges that repeated violation of the offensive to
moderate standards provision will result in the User's loss of server privileges
and/or the termination of the User's account. KCTC's failure to insist upon or
enforce strict performance of any provision of this Agreement or the TOS linked
below shall not be construed as a waiver of any provision or right.
KCTC reserves the right to terminate a User's account at any time.
NOTICE: USER ACKNOWLEDGES THIS AGREEMENT BY
THE CONTINUED USE OF HIS/HER ACCOUNT, AND BY USING HIS/HER ACCOUNT HE/SHE ACCEPTS,
AFFIRMS, RATIFIES, AND EXECUTES THIS AGREEMENT AND AGREES TO HOLD KCTC HARMLESS
FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, EXPENSES, LOSSES, DAMAGES, OR INJURIES
SUFFERED BY THE USER, THE USER'S HARDWARE, THE USER'S SOFTWARE, THE USER'S BUSINESS
OR THE USER'S PLEASURE WHICH OCCURRED AS A RESULT OF THE USE OF KCTC'S INTERNET
ACCESS SERVICE. ALL PROVISIONS OF THIS AGREEMENT APPLY TO THE USER, AND TO ANY
OTHER PERSON, PERSONS, OR OTHER ENTITY USING, INCLUDED BUT NOT LIMITED TO, THE
CUSTOMERS HARDWARE, SOFTWARE, OR SERVICE.
Link to KCTC Internet Terms of Service >>
Link to KCTC DSL Terms of Service >>
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