TERMS AND CONDITIONS
Revised: April 1, 2006
- These Terms and Conditions supersede all previous representations, understandings or agreements. Use of colbyroad.com (hereinafter "CR" d.b.a. Kentucky-in-Touch™ hereinafter "KiT") services constitutes agreement to be bound by the Terms and Conditions as set forth herein. CR reserves the right to change the rates and otherwise modify these Terms and Conditions at any time, with no prior notification.
- CR exercises no control whatsoever over the content of the information passing through its equipment and, therefore, expressly disclaims any responsibility of any nature for the use of its equipment to access the Internet or retrieve information from it including pornography, viruses, unsolicited emails, etc.
- KiT may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The customer agrees to indemnify and hold CR harmless from any claims resulting from use of the service which damages the customer or any other party.
- Single User Account Restrictions, PNC-PPP: (Point to Point Protocol)
- CR reserves the right to: terminate any user session that has continued excessively; terminate any particular user session that has demonstrates abuse of the system; terminate one or all multiple connection sessions when we encounter a username logged in multiple times simultaneously at one or multiple locations; set up metering on or cancel the account of any customer who, in the opinion of CR's management, is using the system excessively or is abusing the services of KiT.
- Each user will have a server mailbox size of 5 megabytes. Users should make every effort to retrieve mail from the POP3 mail server as often as possible. If a customer has important information on file, it is advised that it be downloaded to the customer's system. Should information stored in a mailbox exceed the 20 megabyte limit, the customer will be notified by CR and will be given five (5) days to reduce the size to under 20 megabytes. If the customer does not comply, CR reserves the right to reduce the information stored in that customer's mailbox to the 5 megabyte limit and will not be responsible for any inconvenience or loss of data which may occur. Additional storage space can be requested, which will be billed at the price in effect at the time a request is made.
- Notifications regarding a customer's account will be sent to their KENTUCKY-IN-TOUCH E-MAIL ACCOUNT. CR is not responsible for lack of communication due to a customer's failure to setup and check their mail account on a regular basis.
- CR is not responsible for a customer's lack of awareness regarding changes in terms, policies, pricing or services. News, notes and announcements are posted on the Kentucky-in-Touch home page, and it is the customer's responsibility to routinely check the home page for any information related to KiT's services.
- Payment is due in advance, on the first day of each month. If the debit of a credit card or bank account is declined, FOR ANY REASON, the customer is immediately considered in default and will be charged a $25 service fee in addition to the unpaid access fees. Accounts in default are subject to immediate suspension until the amount due is paid in full, and will additionally incur a reconnect charge of $25.00. Payments for any declined transaction plus applicable service charges and reconnect fees must be made in the form of a money order or cashier's check. Accounts unpaid 5 days after the due date might have their service permanently terminated. Such termination does not relieve the customer from the obligation to pay the past due account charge when applicable.
- Any account suspended by CR, for any reason, will be subject to a $25 reconnect fee before reactivation of the account.
- If a customer defaults in the payment of any amounts owed hereunder, the customer agrees to pay CR its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Upon termination of an account, CR is not responsible for loss or deletion of any data stored on the KiT system, including bit not limited to all unread mail in the client's mailbox.
- Only notice provided by the customer or CR, via E-Mail or via the United States Postal Service, ten (10) days prior to the next billing date, will terminate the service and relieve the customer's obligation to pay the monthly account charge. If the customer elects to terminate service in this manner, charges will cease and the customer's account will be deactivated effective the last day of the month in which cancellation was requested. No refund will be made for any unused portion of monthly service fees.
- Customers are responsible for the protection of their account and data. Be advised that the Internet is not a secure system. Data can be, and often is, viewed by third parties. Information of a private or confidential nature should not be placed on the system. CR specifically denies any responsibility for the security of an account and the data stored in KiT facilities, or information sent over the Internet. CR further warns against unauthorized use of information obtained by others by virtue of use of the Internet.
- Use of any information obtained via the KiT communications service is at the customer's own risk. CR specifically denies any responsibility for the accuracy or quality of information obtained through its services.
- In the event that a customer uses hardware and/or software that impairs the use of KiT equipment, upon notice from CR that the hardware and/or software is causing, or, in the sole opinion of CR, is likely to cause hazard, interference or service obstruction, the customer shall eliminate the hazard, interference or obstruction at once. Failure to do so will result in disconnection of Internet service until the hazard, interference or obstruction has been permanently removed. A service interruption of this nature will require a service restoration fee as detailed in this document to be paid before service will be restored.
- In the event CR is notified by any person or entity that a KiT customer is sending unwanted solicitations to a mailing list or news group CR will forward said notification to the accused and ask that they refrain from further postings to said mailing list or news group. Should CR receive further notifications from the same person or entity concerning the same KiT customer or should the KiT system, including hardware, software and telecommunications connections, become impaired due to action or retaliation on the part of the accuser, KiT reserves the right to discontinue customer's service and E-Mail delivery until the problem has been resolved to CR's satisfaction. CR will not be responsible for any E-Mail, which may be permanently lost due to such discontinuance. A service interruption of this nature may require a service restoration fee as detailed in these Terms and Conditions to be paid before service will be restored.
- A special word about viruses: It is recognized that the Internet may contain viruses which may, if not eliminated, destroy parts or all of the data contained within a computer. CR has no control over these viruses. Neither does MEG provide any filtering or checking of data to eliminate these viruses on the users computer. The customer agrees to provide a mechanism for checking a computer system for viruses and to hold CR harmless from any damage caused by viruses obtained through KiT services. Further, the customer agrees not to introduce any virus onto the Internet system or KiT system. If any customer introduces any virus onto the Internet system or KiT system, service to that customer will be immediately terminated, and any resulting damages or expenses incurred by CR as a result will be billed to and reimbursed by the customer.
- All use of KiT must be within the restrictions associated with a customer's account and as set forth in the paragraphs of this document. CR reserves the right to terminate service to accounts that violate or exceed these restrictions.
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