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Terms of Service last updated on 03/13/05.

Terms of Service (http://www.kay-net.com/terms.htm)

1. Service: kay-net.com ("we" or "Provider") agrees to provide Applicant ("you" or "User") with Dial Up 56K (v90 and K56 Flex) Internet Access Service ("Service"). The combination of User’s Application and these Terms shall be considered a Contract.   We have the right to refuse Service to anyone, except as restricted by law.  Use of the Service indicates that you agree to these Terms of Service.
2. Payment: Payment is due in advance of Service rendered.   Invoices will be mailed immediately upon receipt of payment for Monthly ("1 month") Service, or one month in advance for longer service. Automatic billing occurs three business days before the payment due date. If payment is not received and processed by the last business day of paid Service, User’s account will be rendered "inactive" when the paid Service expires. When payment has been received, processed and cleared, the account will be reactivated. Allow at least two business days for processing. (There is no charge to reactivate an account).
3. Notice of Termination: User and Provider each have the right to terminate this Contract for any reason, unless restricted by law. To discontinue automatic billing, we must receive a Notice of Termination via e-mail or US Postal Service at least five business days in advance of the next due date. We cannot be responsible for requests that are not made within this time frame.
4. Remedies: Provider cannot be held responsible for loss of data, loss of e-mail messages, interruption of Service that is beyond Provider’s control, or other damages suffered by User while using the Service. Unless restricted by law, the only remedy available to Provider or User shall be termination of this Contract. THERE ARE NO WARRANTIES PROVIDED WITH THIS SERVICE. We cannot compensate for temporary loss of Service, whether uncontrolled or caused by system maintenance.  If you are dissatisfied with this service we will refund any portion of your payment that has been applied beyond the end of the current calendar month.  Refunds will not be given if your Service is discontinued because of reasons related to breach of this Contract.  No other refunds can be given.
5. Risk: User assumes all risks that arise from use of the Service. Provider only delivers access to the Internet and therefore has no control over the content that the User may encounter. This includes but is not limited to: viruses or other malicious computer programs, verbal harassment, exposure to adult-oriented materials and/or other unpredictable events. YOU MUST BE 18 YEARS OLD OR OVER TO APPLY FOR THIS SERVICE.
6. Password: You are responsible to safeguard and remember your password. If you forget your password, or if your account is stolen (password illegally changed), call us at (661) 723-0266. We can set up a new account for you over the phone if you have provided us with a phone number on your Application. Otherwise, we can mail the new account information to the billing address.
7. Account Information: You are responsible to notify us if your account information changes. We must have your correct name and billing address in order to provide you with the Service. Other information, such as phone number, will let us notify you of any changes or updates, and will help us if you have a problem with your account. Providing false information can be grounds for termination of this Contract.
8. Privacy: We respect your privacy. We are unable to read your e-mail or monitor your activity. The Internet provides a sense of anonymity, but it’s important to realize that your messages and activities can be traced and/or intercepted by law enforcement authorities, hackers or other entities, no matter which Internet Service Provider you use. This is very unlikely, but it is not impossible.
9. Harassment: Please remember that there are real people on the other end of your e-mails and chat room conversations. Complaints against User for the reason of harassment can be grounds for termination of this Contract.
10. Unsolicited Electronic Mail: Our e-mail system shall not be used to generate mass mailings of unsolicited e-mail. Complaints against User for the reason of unsolicited e-mail can be grounds for termination of this Contract.
11. Illegal Activity: This Service shall not be used to commit fraud, software piracy, or any other illegal activity. We will cooperate with authorities (with proper warrant) to ensure that the Service is not used for fraudulent or illegal purposes.
12. Insufficient Funds: There is a $25 fee for a check returned by your bank because of insufficient funds. This charge is necessary to recover the fee charged by our bank as well as administrative fees. In addition, any account that is not paid up to date will be rendered inactive until payment has been received. Returned checks are a no-win situation for everyone. Please help us to continue to offer a check payment method by ensuring that you have enough funds to cover your check.
13. Change in Terms: We will notify you via e-mail or US Postal Service if there are any significant changes in the Terms of Service. The most current Terms of Service can be found at: http://www.kay-net.com/terms.htm
14. Ten-minute Idle Cutoff: While using the Service, after ten minutes of inactivity your connection will be cut off. You will need to dial in again in order to restore the connection. User shall not use a script, program or other mechanism to defeat the Idle Cutoff policy.
15. 8 Hour continuous online time cutoff: While using the Service, after 8 hours of activity your connection will be cut off. You will need to dial in again in order to restore the connection. User shall not use a script, program or other mechanism to defeat the Idle Cutoff policy.