KITUSA
   Terms of Agreement


   Terms of Agreement
Changes/updates are highlighted in RED.

KITUSA agrees to provide and User agrees to receive access to service according to the following terms:

GENERAL
  1. Subject to the terms of the following paragraphs, this contract shall remain in effect for as long as User agrees to accept services from KITUSA Internet, a wholly-owned subsidiary of Kansas Independent Telecommunications, LLC. All provisions herein apply to the User and all representatives of User, which are billed in association with the Users' primary account.
  2. All provisions of this Agreement apply to the Users' primary account and to all associated accounts billed to the primary account, or primary account holder.
  3. User is responsible for all hardware and software necessary to connect to provided service, unless otherwise stated in agreement.
  4. User agrees to use the service in a manner consistent with any and all applicable laws.
  5. If User is less than 18 years of age, agreement must be signed by a parent or legal guardian, who is responsible for all of Users' accounts(s) and confidentiality of password(s).
  6. Only User/customer who has originated the account can alter any aspect of the account.
BILLING
  1. User is responsible for any applicable long-distance telephone charges for connecting directly to KITUSA or via any other service provided by communication companies.
  2. User agrees to pay KITUSA all charges relating to the use of Users' account(s) according to rates and prices published online at the time the service is used. Online rates and pricing are incorporated into this agreement by reference. Prices and fees are subject to change published on the agreement terms published on the KITUSA Home Page.
  3. Access is subject to credit limits established by the issuer of Users' credit card and by KITUSA. A credit limit is applied on all accounts. KITUSA may suspend Users' access to the service if User exceeds his or her credit limit.
  4. User is responsible for charges at the time the service is used and KITUSA can charge the amount due to Users' credit card(s) if on file.
  5. KITUSA reserves the right to charge a $3.00 compounding late fee and/or collection fee.
  6. KITUSA reserves the right to charge a $14.95 re-connection fee to any account that becomes disconnected due to non payment.
  7. KITUSA reserves the right to suspend access to service for User account(s) upon an indication of credit problems including delinquent payments or rejection of charges.
  8. All Internet accounts are on an auto renewal basis.
  9. Customers on automatic payments, bank draft or credit card, are required to give a thirty day notice via the online cancellation form or by telephone. Any account canceled beyond the due date will be charged at the monthly rate irregardless of usage.
  10. Annual accounts canceled before the end of the annual term will be charged at the monthly rate for the months prior to cancellation, then the remainder refunded.
OWNERSHIP/COPYRIGHT
  1. Information available on KITUSA is property of KITUSA Internet. Users can not redistribute or commercially exploit such information without the express written permission of its owner(s).
  2. Information providers have the right to assert and enforce copyright provisions directly on their own behalf.
  3. User submitting information for publication on KITUSA grants KITUSA the non-exclusive permission to distribute the information product worldwide. User retains all rights. User may have such information.
  4. Information produced by the customer for use of web hosting, web publishing, and other means are the sole responsibility of the publisher. KITUSA can not be held liable for loss of data on a KITUSA hosted domain, web page, or other means of Internet broadcasting.
LIMITATIONS OF LIABILITY
  1. The KITUSA service is provided on an "as is, as available" basis, no warranties expressed or implied, including but not limited to those of merchantability or fitness for a particular purpose are made with respect to informative or any information or software therein.
  2. Neither KITUSA nor its information providers are responsible for any damage arising from Users' use on KITUSA Internet or by Users' inability to use said services.
  3. KITUSA is not responsible for Users' personal information residing on the server.
OPERATION
  1. KITUSA reserves the right to change without notice the KITUSA service, including, but not limited to, access procedure, hours of operation, price structure, menu structure, command, documentation, and services offered.
  2. KITUSA reserves the right to delete Users' account(s) when not accessed for more than one (1) year. KITUSA reserves the right to delete Users' account(s) if in arrears for more than 3 months.
  3. KITUSA reserves the right at its sole discretion to delete any information entered onto KITUSA by User. KITUSA and/or its authorized representative have the right, but should not be obligated to edit public information.
  4. User hereby agrees that any material submitted for publication on KITUSA through Users' account(s) does not violator infringe on any copyright; trademark patent; statutory; common law; or proprietary rights of others; or contain anything obscene libelous.
  5. KITUSA, at its sole business judgment, may terminate this agreement and suspend access to Users' account(s) upon any breach of this agreement including but not limited to refusal or failure to pay for services provided.
  6. KITUSA reserves the right to terminate accesses to service for any principal or associated account(s) which has/have been inactive for one (1) year.
  7. Use of distribution rights in electronic mail or other mass electronic mailing is subject to approval by KITUSA services.
  8. Any customer found using any KITUSA server for the means of mass e-mail transmitions for the purpose of solicitation (UCE) may be terminated from KITUSA service. The offending customer is fully responsible for damages caused by deliberate mass electronic mail including the KITUSA mail server(s).
  9. The laws of the State of Kansas shall govern this agreement. Any claims or causes of action related to KITUSA must be instituted within one (1) year after the claim or cause of action has arisen.
  10. KITUSA may modify these terms and conditions upon notice published online via KITUSA. Users' use of KITUSA after such notice shall constitute Users acceptance of the modification to this agreement implied in fact.
  11. The maximum file size for e-mail attachment is 1MB. If you desire to have a bigger size, please contact the network administrator.
  12. Unlimited dialup Internet access is provided and is defined as User attended Internet usage. Auto-dialers and simultaneous logins are strictly prohibited. KITUSA may, at its sole discretion, terminate any account found to be in violation of the of the unlimited usage policy.
  13. Unlimited dialup Internet access is further defined as access that is unmetered and not subject to overage fees or monthly usage caps. KITUSA unlimited dialup Internet access is not dedicated access. KITUSA offers dedicated access via ISDN, ADSL, and satellite for users that need 24x7 connectivity.
*If any one or more paragraphs in this agreement are found to be unenforceable or invalid, Users' and KITUSA agreement on all other paragraphs is not affected.