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KY MaxNet Internet Services Rules and Regulations
and Acceptable Use Policy
By using services and resources owned by KY MaxNet
Internet Services (MaxNet), you agree to abide by the following Rules and
Regulations and Acceptable Use Policy ("AUP" for short). Although a great
majority of these provisions have the dial-up client in mind, the general
provisions are equally applicable to our Web and dedicated access clients.
The Internet is a far-reaching communications medium. The
Internet can be used to communicate with colleagues, to research
demographics, and to transmit business communications. But the Internet -
and the MaxNet computers you use to connect to it - are shared with
thousands of others users. Therefore, MaxNet has constructed a list of rules
and regulations to provide a better understanding of how to use this
service. This document also details your rights and responsibilities as a
MaxNet subscriber.
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A. We will not release any of your personal information to other people or
agencies unless we receive a signed consent form from you, except under
subpoena by a court of competent jurisdiction.
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B. With certain exceptions, you can choose any username for your account
on MaxNet as long as there are no duplicates in the username list and it
is not considered obscene. The username is subject to a technical
limitation of our current accounting system; therefore, usernames are
restricted to a range of 4 to 8 characters. The username will always
appear in your news group postings and when you forward electronic mail.
The username is your login authorization. The username will be shown in
systems utilities, such as "who" or "finger," which show current users on
the system.
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C. MaxNet retains the right to reserve certain usernames for internal use.
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D.
Although you may want to use a made-up username for your MaxNet account,
your full legal or entity (company) name must be used when you sign up
with MaxNet.
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A. MaxNet Subscribers have the right to cancel their accounts.
Cancellations take effect at the end of the month in which you cancel. If
you wish to cancel your MaxNet account, you must notify MaxNet at
info@kymaxnet.com, or by phone @
606-464-8056
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B. MaxNet reserves the right to suspend or cancel your account without
notice, for non-payment or for violation of the provisions of this AUP.
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C.
Whether you cancel your service or we cancel your service for cause, your
service fees are not prorated within the current month. Refunds for unused
service are limited to fees paid for service beyond the month of
cancellation. Setup fees are nonrefundable.
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A. By law, you may not upload any commercial software, any software that
is subject to distribution limits, or any material you don't have the
right to share with other people. Likewise, you may not download any
software or material you do not have the right or license to use, such as
commercial software from other Internet users. You may not upload
anything, such as certain cryptographic applications, that will violate
local, state, or federal law. If, upon reasonable suspicion and after
reasonable investigation, MaxNet finds a violation of this provision,
MaxNet reserves the right to notify appropriate state and/or federal
authorities.
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B.
Your MaxNet account entitles you to E-mail storage space of up to 10
megabytes. If additional storage space is required up to 10 megabytes
(issued in 10 Meg blocks) MaxNet will upgrade for additional disk usage
according to then-current MaxNet for free up to 50 mb. Difficulties in downloading
e-mails due to size are the responsibility of the customer and MaxNet
reserves the right to delete messages if necessary to facilitate download.
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A. MaxNet reserves the right to alter the pricing, offerings, terms and
conditions of service at any time. An electronic, online copy of this AUP
in effect is at the following Web address:
http://www.kymaxnet.com under the
"Acceptable Usage Policy" link. You are charged with responsibility for
checking this page for any updates, and your continued use of MaxNet
services constitutes your agreement to the modified terms.
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B. MaxNet does provide configuration assistance and limited free technical
support for browser, dial up and e-mail client programs that are essential
to getting on the Internet.
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C. MaxNet does not provide technical support for software that is not
Internet related, nor does MaxNet make any warranties as to any software
you may use in connection with your MaxNet account; the respective
author/copyright holder's warranties apply. Further, MaxNet does not
provide technical support for any hardware you use for your Internet
connection which you did not purchase from MaxNet.
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D.
MaxNet cannot guarantee overall Internet performance, nor the performance
or availability of any server, service or site on the Internet at large
which you may otherwise access through your MaxNet account.
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A. MaxNet Internet provides unlimited Internet access. This should not be
construed to mean full time or completely unregulated access. There are a
great many users sharing MaxNet network facilities, and we are committed
to providing good, consistent service to all subscribers. For this reason,
the subscriber should observe the following guidelines in the usage of
your MaxNet account:
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i) Do not maintain a connection to your dial-in
account when you are not actively using the Internet, and be sure to log
out of the system when you are ready to end an Internet session.
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ii) Multiple, simultaneous logins of the same
account are prohibited.
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iii) Our flat-rate accounts (i.e., Flatrate) are not
intended to serve as extended or full-time (24 x 7) connections to the
Internet. If you find that you need a full-time (24 x 7) connection to
the Internet, please contact us for information on our satellite
broadband services.
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iv) Our network is configured to terminate your
dial-in session after eight (8) hours. We do not mind if you log back in
if you are disconnected, but unless you are paying for a dedicated
connection, you should not expect to be able to stay logged on
indefinitely.
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v) In order to ensure all users equal access to
MaxNet resources at peak times, we reserve the right to terminate any
particular user session which has idle time of 20 minutes or more. As
well, we reserve the right to terminate one or all multiple connection
sessions when we encounter your username logged in multiple times
simultaneously at one or multiple locations.
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vi) Content posted to MaxNet Personal Pages will be
removed if that content violates copyrights, libels others, or contains
code which could harm systems which visit the site.
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vii) MaxNet is not responsible for backing up
customer's personal page content. Content backup of a personal page site
that comes with a dialup account is the customer's responsibility.
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viii) Sexually explicit and patently offensive
content; materials that otherwise violate federal, state or local law;
and materials and content that threaten the security or utility of the
MaxNet network, are strictly forbidden in any MaxNet Web service to
which you subscribe--personal or commercial.
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ix) Customer has no ownership of static IP numbers
that may have been assigned to the customer by MaxNet. MaxNet reserves
the right at any time to remove these static IP assignments with advance
notice to the Customer from MaxNet. If deem necessary, MaxNet also
reserves the right to reassign static IP allocation at its sole
discretion.
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B. MaxNet reserves the right to remove from public view any material or
content brought to its attention which violates this AUP.
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C. The
services you purchase from MaxNet are not transferable. You may not resell
or share your MaxNet account services.
A. "ISP affiliate" means any Internet Service Provider
with which MaxNet has a roaming arrangement to allow MaxNet clients to
connect to the Internet through the ISP affiliate's facilities outside the
area served by MaxNet.
B. "Roaming" consists of dialing an ISP affiliate's
Internet connection number to connect to the Internet.
C. Roaming may be subject to regulation via provisions of
this AUP.
MaxNet will not filter information that is received from
the Internet, except in accordance with this AUP and applicable law;
however, some newsgroup material may be offensive to some people. If you
find a newsgroup that you do not like, please do not attempt to read or
reply to that newsgroup. We will not discontinue a particular newsgroup due
to someone's belief that said newsgroup is `offensive' or `wrong.' You are
free to subscribe to any mailing lists, but as with newsgroups, some
information may seem offensive to you. Just follow proper procedures for
subscribing and, if you don't like what you are receiving please change or
unsubscribe from that list or newsgroup. As a MaxNet client, you are solely
responsible for monitoring usage of your MaxNet Internet accounts, including
use by your children.
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A. Our AUP is under constant review. We consider comments from our users
and from experienced staff. We will change this document from time to
time. You are subject to the AUP in effect at the time you sign up for
MaxNet, and to each revision of the AUP that becomes effective
subsequently, without further notice.
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B. Account cancellations should be directed in writing to our Internet
Department via E-mail @ info@kymaxnet.com
or by phone call to MaxNet Internet Rep at 606-464-8056
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C. Requests for change of username or password on your dial-up account
should be directed to our Internet Service Department at 606-693-0622
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D. Returned checks are subject to a $25.00 Returned-Check Fee. Your
account will be debited electronically for both the face amount of the
check and any returned check fees if returned unpaid.
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E.
Failure to pay invoices by the specified due date will result in a late
fee charged against your account. This rule also applies to credit card
and ACH Debit customers.
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F. All customers that
have dedicated (always on internet services), including but not limited
to, DSL. Payment for previously invoiced services is due by the 1st day of
each month. If payment(s) is not received within these guidelines, the
customer's service(s) will be interrupted. Customers will have to contact
us at
606-693-0622 to make payment arrangements before services are
reconnected. Payment arrangements may be an alternative if MaxNet's
accounting department is notified 15 days prior to payment due date.
Whether or not payment arrangements can be made will be at the discretion
of MaxNet's accounting department. If further explanation of this policy
is needed, please contact our accounting department at
606-464-8056
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A. MaxNet considers the
complaints and comments from other users on the MaxNet system, as well as
those of system administrators from other Network Service Providers. We
will take immediate action against any MaxNet subscriber who abuses any of
our facilities or services. Some of the types of conduct which is
inappropriate on the Internet, and thus prohibited while using your MaxNet
account, are (a non-exhaustive list):
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i)
posting commercial/marketing/advertising/sales materials in
non-commercial areas (for example, in a newsgroup dedicated to the
discussion of the political significance of the two-party system of
government, you should not post a message that you have a watch for
sale), or sending unwanted/unsolicited commercial E-mail ("UCE"). This
activity is called, aptly enough, "spamming";
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ii) posting "chain
letters"--these are *illegal* under federal and state law, and are
inappropriate on paper and on the Internet;
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iii) E-mailing or
posting (in newsgroups, IRC or otherwise) abusive, vulgar or threatening
messages; and
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iv) gaining
unauthorized access to any network, either by use of an access account
that is not yours, or by engaging in otherwise illegal methods.
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B. In addition to this
AUP, the provisions of all applicable laws apply to your use of MaxNet
facilities.
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C. Users that access the
Internet through MaxNet must comply not only with MaxNet Internet
Service's AUP as well as the AUP's of the Network Service Providers whose
networks they access.
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D. MaxNet will review all
complaints or instances of your inappropriate use brought to our attention
and will decide what action to take, which action may be termination of
your MaxNet account.
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E. If you have any
complaints about another subscriber's use of MaxNet facilities, or if you
are subjected to any inappropriate use of MaxNet facilities, please
contact our office immediately. You may send E-mail to
info@kymaxnet.com.
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F. If you suspect or have
proof of a hacking or break-in attempt on your machine you may call
1-606-464-8056 and leave a message for the Security Response Team.
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G. If your account is
cancelled for non-payment, there will be a $13-$33 reconnection fee
charged to establish service again, depending upon the amount of days that
the service is suspended.
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H. . It is solely the
responsibility of the customer to ensure that no long distance calls are
being made in order to connect to the Internet. It is recommended that if
the customer is not certain the dial -up number they are given is a local
call that they contact there telephone company. MaxNet is not responsible
for any long distance charges accrued due to user error of this sort.
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A. All services provided
to you by MaxNet may only be used in accordance with any applicable laws,
statutes, regulations and rules and solely for lawful purposes.
Transmission, promulgation, theft, procurement, communication, alteration,
publication or storage of any information, protected material or property,
data or any other material in violation of any national law of any
sovereign nation, any International law, the United States Annotated code,
or of any state or local law, regulation or rule is strictly prohibited.
This includes, but is not limited to, any material, data, matter,
software/soft code, intellectual property protected by copyright,
trademark, privacy of property right, personal or property right, trade
secret, or any other statute. Further, it is unlawful and a violation of
this AUP to communicate, transmit, or promulgate in any manner, means or
medium, any threatening, harassing, or obscene material, matter,
communication of any sort, or to otherwise use MaxNet services for any
illegal of unlawful purposes.
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B. . MaxNet does not
"patrol" the content published by its clients. MaxNet does, however,
review complaints submitted with respect to other potential violations of
this AUP and applicable laws, and will investigate those complaints and
take action it deems appropriate, up to and including cancellation of a
user's service.
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C. You will indemnify and
hold harmless MaxNet, its officers, agents, employees and its other
subscribers from any and all claims, costs, expenses, judgments, causes of
action, attorney fees, litigation, and court costs, resulting from the
subscriber's use of MaxNet services in any manner, whether directly or
indirectly or by any act of omission or commission.
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D. You are solely
responsible for the knowledge of and adherence to any and all laws,
statutes, rules and regulations pertaining (1) to your use of any MaxNet
service, and (2) the communications means by which you connects your
terminal, personal computers or other device to MaxNet services or to any
services provided by MaxNet.
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E. Your rights herein
granted cannot be transferred, shared, sold, or used by anyone other than
yourself. Only one login session per account may be used at any given
time. Accounts that have been transferred to other parties or show other
activity in violation of this paragraph are subject to immediate
cancellation.
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F. MaxNet has the right
to delete all E-mail, data files, or other information that is stored in
your account if your MaxNet account is terminated, for any reason, by
either you or MaxNet.
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G. MaxNet shall have the
right to suspend or cancel your account at any time, for reasonable cause,
without notice. "Cause" includes, but is not limited to, nonpayment for
services; violation of this AUP; excessive idle time online, as determined
by ISP's network administrator; and use of your account to engage in
violation of any federal, state or local statute.
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H. No warranty is made by
MaxNet regarding any information, services or products provided through,
in connection with, or located on the computer systems of MaxNet or any
other services provided by MaxNet, and MaxNet hereby expressly disclaims
any and all warranties, including without limitation (i) any warranties as
to the availability of MaxNet products or services, or the accuracy of
content or information, products; and (ii) any warranties of
merchantability or fitness for a particular purpose.
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I. MaxNet shall have no
liability for damages caused or allegedly caused by any failure of
performance, error, omission, interruption, electrical surge or damage or
interference, deletion, defect, delay in operation or transmission,
communication line failure. Theft or destruction of or unauthorized access
to, alteration of, or use of records whether for breach of contract,
tortuous behavior, negligence, or under any other cause of action, shall
be strictly limited to the amount paid by you or on your behalf to MaxNet
for the current month.
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J. No agent, employee, or
representative of MaxNet has any authority to bind MaxNet to any
affirmation, representation, or warranty concerning the services provided
by MaxNet.
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A. User(s) agrees that
the use of all services provided to each User(s) by MaxNet is at User's
own risk. All warranties of any kind, express or implied, including
warranties of merchantability, fitness for a particular purpose and
non-infringement of proprietary rights, are expressly disclaimed to the
fullest extent permitted by law. MaxNet cannot guarantee continuous
service, service at any particular time, or integrity of data stored or
transmitted via its system or via the Internet. MaxNet shall not be liable
to the User(s) for any claims or damages which may be suffered by User(s),
including, but not limited to, losses or the loss of data, inability to
access Internet, or inability to transmit or receive information, caused
by, or resulting from delays, non-deliveries, or service interruptions
unless directly caused by the negligence of MaxNet. MaxNet shall not be
responsible for the acts of third parties who may gain access to User(s)
computer systems, private, financial, or proprietary information by
improper or unlawful means.
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A. User(s) will indemnify
and hold MaxNet, its affiliates, subsidiaries, officers, agents and
employees free and harmless from any and all claims, damages or lawsuits
of any kind (including reasonable attorney fees) arising out of the User's
use of services provide to them by MaxNet and negligent or illegal acts of
User(s), its employees or agents, including, but not limited to, claims,
damages or lawsuits arising out the use of those services.
By using your MaxNet
Internet or MaxNet Satellite account you are agreeing to the terms of MaxNet
Internet Acceptable Usage Policy.
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