The Terms and Condition for User policy may be changed with or without notice to Subscriber. It is the sole responsibility of the subscriber to obtain and read these policies whenever changes are made.
As a Subscriber, you must agree to the terms and conditions set forth on these pages in order to use EKNS.
EKNS (Eastern Kentucky Network Services) provides access to the Internet.
As a subscriber, You are responsible for keeping your password a secret. If someone improperly uses your password, you shall be fully responsible for that unauthorized use. EKNS will never call and ask for your password for any reason whatsoever. If you call EKNS, EKNS may ask for your password or your secret word (such as a birth date, or other information given at signup time) to correct errors or to change your password or account information.
E-mail and other electronic transmissions passing over the Internet and through the EKNS system are not confidential, as the Internet is a public access network. Therefore EKNS cannot guarantee the protection or privacy of any information transmitted or received through its network. EKNS reserves the right to monitor a subscriber's mail and transmissions as necessary to provide service and otherwise to protect the rights or property of EKNS. EKNS will not disclose any such information unless required to do so pursuant to a court order, subpoena, or similar legal request or otherwise, on the advice of counsel.
All information obtained over the Internet through EKNS is used at your own risk.
EKNS are provided without warranties of any kind, either express or implied. EKNS shall not be liable for any damages arising out of the use of its service or inability to use its service.
You agree to indemnify and hold without harm EKNS, its officers, employees, and other Users from any and all claims, damages, expenses (including attorney's and other legal fees) and liabilities resulting from any and all use of your account whether authorized or unauthorized.
Attempts to gain unauthorized access to any other computer or computer systems are prohibited. You must agree to abide by all rules, regulations and policies of networks and computer systems accessed via EKNS. If you are unsure of those policies, it is your responsibility to obtain and read these policies.
EKNS is not responsible for any files that Subscriber stores on EKNS system. Subscriber is completely responsible for setting up an independent backup routine for data that Subscriber stores on EKNS system.
The right to use EKNS is not transferable. Accounts are for the use of Subscriber only. Subscriber is responsible for the confidentiality of Subscriber's passwords.
Services provided to you through EKNS, may only be used for lawful purposes. Transmission or storage of any data, information or material in violation of any federal or state regulation or law (including, but not limited to, material protected by copyright or trade secrets, and information that is confidential as a matter of law) is strictly prohibited. Subscriber may not, under any circumstances, use EKNS in an unlawful manner, including, but not limited to:
Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, or pornographic information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability;
Intercepting or attempting to intercept e-mail; and
Uploading files that contain software or other material protected by copyright laws unless you own or control the rights thereto.
You must use your best efforts to avoid interfering with any other person's use and enjoyment of the Internet. You agree to comply with the following system rules of EKNS. The following are strictly prohibited:
Any attempt to introduce viruses, worms, Trojan Horses, or any other destructive programs, or to deliberately crash or overload the server systems of EKNS or any other computer system accessed through EKNS;
Sending unsolicited mail messages ("junk mail" or "Spam"). This includes but is not limited to, mailing of commercial advertising, informational announcements, political announcements and religious information. Such material may only be sent to those who have explicitly requested it;
Forwarding or posting "chain letters", "pyramid schemes", "make -money fast schemes" or of any similar type;
Forging any message header, in whole or part, of any electronic transmission, originating or passing through EKNS system. Additionally all messages must contain a valid return address;
Posting or transmitting any fraudulent information. This means any information that you know or have reason to know is false, and that you intend for others to rely on;
Posting or transmitting any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations;
Impersonation of any person including but not limited to, an EKNS official or an information provider, guide, or host, communicate under a false name or a name that you are not entitled or authorized to use in all forms of online communication, including, but not limited to, screen names, subscriber profiles, chat dialogue and message posting;
Use of mail list, list server or any form of auto-responder from a subscriber's account on EKNS server;
User processes that run or are activated on EKNS servers while the user is not logged in;
Use of any device or software that would allow your account to stay logged on while you are not actively using EKNS services or use of the account for the purpose of operating a server of any type;
Interference with or attempting to interfere with service to any user, host, or network ("denial of service attacks"). This includes but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host;
Sending threatening or harassing e-mail (i.e. threatening physical injury or damage to persons or property);
Unauthorized reselling of EKNS services; or
Solicitation of EKNS Subscribers to become subscribers of other online services competitive with EKNS.
Failure to comply with system rules may result in immediate suspension or termination of your account.
You are responsible for providing all telephone, modem and other equipment required to access EKNS. You are responsible for verifying that the phone number you are calling when you access the Internet through EKNS is a local access number. Subscriber agrees to be responsible for all telephone charges, if any, incurred by Subscriber in accessing EKNS.
Subscribers have a 10-megabyte limitation of disk space for all storage of data (files, directories, web pages). The Subscriber must monitor and maintain all data and delete or compress files if the 10-megabyte limit is reached or exceeded. EKNS reserves the right to delete any data as required to reach Subscriber's space limit.
Personal Web space is for personal information. Any advertising, marketing or pricing of ANY public enterprise, public service or public product, is strictly prohibited. Violation of these restrictions will result in the suspension of access to your Web Site.
Any billing questions can be emailed to robot@lewis.ekns
The monthly charge for all clients is payable in advance. Refunds will only be given if our technical support staff has determined that the clients' computer is unable to obtain access to the Internet through EKNS. This determination must be made within ten (10) days of the start of service. No refunds will be given after ten (10) days of the start of new service. EKNS will make billing adjustments only if service is down for three (3) or more consecutive days in any specific site. This does not include e-mail or personal WebPages services. E-mail and personal web space are a free service that is provided with a dial-up account. No billing adjustments will be made for problems with e-mail or personal web space.
EKNS is responsible for setting up a reliable Internet connection on the clients' computer. Any hardware/software problems that the client may encounter after the connection is established are the responsibility of the client.
A clients' account may be immediately disconnected without notification at EKNS sole discretion, for, returned checks, or any other nonpayment of account charges. Any account disconnected will be subject to a $15.00 reconnection fee. Any account that is reactivated will be given the current rate plan available.
The monthly billing cycle will begin on the date of a client's sign-up for access service and will continue on a month-to-month basis until terminated by either the client or EKNS
EKNS must receive payment on or before the first day of each billing cycle. The account will be considered to be in default if payment of all account charges is not received within five (5) days of the beginning of the billing cycle. If an account is still unpaid fifteen (15) days after the first date of the billing cycle, client may have their access service interrupted or terminated.
All overdue invoices will be subject to a late charge of 10% of their unpaid balance with a minimum late charge of $5.00. Any account that has been deactivated because of nonpayment will be subject to a reactivation fee of $15.00.
