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Effective 09/01/2005Terms & Conditions AgreementGetting Connected: Your KooteNet subscription fees pay only for Internet access, not for software or software installation. The customer/subscriber acknowledges their responsibility for installation, configuration and operation of their own equipment and software, including that which is used to connect with KooteNet. If unfamiliar with installing and configuring software on your computer, you may wish to use the services of an independent computer consultant in your area. For Windows 98SE, ME, 2000 or XP connection instructions or other KooteNet related questions, please call our help desk at 293-3534. KooteNet does not guarantee that the software we provide or recommend will successfully install on your computer. The number of users dialing in to the system at any given time governs access to the KooteNet system. The subscriber understands that access may occasionally be unavailable. Account Usage: Only you and immediate household members (persons residing at the same address) are authorized to use your account. Only one dial-in connection per account is allowed at any one time. Do not allow others to have access to your password or your account unless authorized by KooteNet. Violation of these rules may result in the termination of your account (see Termination below). KooteNet does not guarantee software downloaded from our or other web sites. It is your responsibility to protect your computer against viruses. Ask KooteNet about recommended anti-virus software. Connection Time: As part of its services, KooteNet agrees to maintain the physical and programming systems comprising the KooteNet system in a reasonable manner, which shall be governed by the physical state of its equipment and the operating state of its software, but the subscriber understands that access at a given time and for a given period may not be available. Number of simultaneous dial-in sessions per account is dependent upon offer selected. The use of automatic re-dial software is prohibited. Any user whose usage profile fits that of a re-dial software profile, will be contacted. If the user then does not cease usage of the re-dial software their account will be immediately terminated. See Termination below. If you, the user, feel that a continuous connection is necessary please contact the Kootenet Help Desk about setting up a dedicated dial-up account. Account Privileges*: A Standard Dial-Up Account, among other benefits, entitles you to private e-mail service (for personal & business correspondences) plus up to 30 MB of hard disk space in your password-protected home directory on the KooteNet server. **You are also entitled to a personal home page provided it is not used for business reasons (i.e. for profit). A ***Web Hosting Account has the same benefits included in the Standard Dial-Up Account, but also includes a 100MB commercial directory for your business web site. A Sponsorship Account has the same benefits as a Web Hosting Account, but includes 10 Personal Dial-Up Accounts. Any account that exceeds the allotted amount of disk space is subject to additional charges. See Rates section of this web site for more information. **KooteNet does not police the content of static files in your private directory (e-mails, downloads, etc.) but does ask that you use good taste in what you post on the internet. ***A Web Hosting Only Account is a variation of the Web Hosting Account that does not include dial-in access to KooteNet. See Rates Section for details. Billing Procedure: All billing is done via e-mail. Ten (10) days before your account is due to expire you will receive an e-mail informing you of your approaching renewal date. Another reminder is e-mailed prior to your renewal date. Delinquent accounts are locked when the account is ten (10) days past due. A payment must be made in order to unlock any account. Notification: Both parties agree that notice of any matter under this agreement may be sent by e-mail and will be considered delivered on the date sent (or next business day) to the last e-mail address provided by the receiver to the sender. Payment: All accounts must be prepaid. If your account becomes over 10 days delinquent, it will be locked. To have your account unlocked, you must bring your account current. Accounts that have been locked for 30 days will be removed from the system (i.e. all of the files and e-mail messages associated with that account will be irrevocably deleted). In order to reactivate your account once it has been removed, you must reapply for a new account. Note: Returned checks are subject to a $20.00 fee. Lawful Use of KooteNet: Any activity that violates federal, state or local laws is prohibited. Participating in for-profit chain letters, sending unsolicited e-mail (spamming) and distributing copyrighted materials without proper consent are illegal and can lead to investigation and prosecution by law enforcement officials. Other prohibited activities include, but are not limited to, such things as hateful, harassing or anti-social behavior, intentional damage or interference with others (e.g. sending viruses or worms) or providing publicly accessible obscene materials over the Internet. Violation of these guidelines may lead to termination of your account (see Termination below). KooteNet reserves the right to refuse service to anyone. Termination: The KooteNet staff, or customer/subscriber may cancel or terminate an account at any time, for any reason. If you need to cancel your account, no refunds for unused and/or balance of service are possible except for those who are moving out of the area. Refunds will be mailed to the new address you provide. Waiver: Customer/Subscriber hereby unconditionally waives and releases KooteNet from any and all liabilities, claims, and causes of action, whether indirect, consequential, special, or incidental that may be suffered or incurred by the Customer/Subscriber including, but not limited to, any loss of data or service interruption arising out of or pertaining to any act by KooteNet, whether through KooteNet's negligence, error or omission, or by any other cause. Hold Harmless: Customer/Subscriber shall hold harmless and indemnify KooteNet, and all related and affiliated entities, employees and volunteers, from all liability, damages, and cause of action arising out of or pertaining to any action by the Customer/Subscriber including, but not limited to, any violation of federal or state laws, rules or regulations, the transmission of threatening or obscene material, virus damage or the violation of any copyright, patent, or trade secret. Disclaimer of Warranty: KooteNet hereby disclaims or excludes any implied warranty of merchantability and any implied warranty of fitness for any particular purpose, and the Customer/Subscriber unconditionally accepts the use of the service, as is. The service provided by KooteNet under this agreement is provided without warranty of any kind, nature, or description, whether expressed or implied. Governing Law: This Agreement shall be construed and enforced in accordance with the Laws of the State of Montana. The Customer/Subscriber agrees that the venue shall be, at the election of KooteNet, in the Lincoln County Justice Court, Montana. The Customer/Subscriber hereby consents to the jurisdiction of the Courts of the State of Montana in any matter pertaining to, or arising out of, this Agreement. Reminders and Miscellaneous: E-Mail attachments are limited to 5MB. Your invoices are sent by email, so don't forget to read your mail. Make sure KooteNet has all personal or technical contact information. If you'll be out of town for an extended period, please pay your fees in advance to avoid being turned off. If your e-mail directory fills to 5MB, it may all be deleted so remember not to leave your mail on the server. Any mail left on the server for 30 days may be deleted.
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