5630
District Blvd., Suite 114
Bakersfield,
CA 93313
This
agreement represents the complete agreement and understanding between Kern
Internet Services and the account holder and supersedes any other written or
oral agreement. Upon notice published
on-line via Kern Internet Services, Kern Internet Services may modify these
terms and conditions, amplify them, and/or modify the prices, as well as
discontinue or change the services offered.
If you
do not agree to these terms and conditions, please notify our accounting
department at (661) 835-8254 so we may initiate a closure of your account.
Kern
Internet Services will provide services on its host computing systems to
individual account holders in exchange for payment of fees and compliance with
the terms and conditions of this document.
The
account holder of computing, telecommunications, software, and information
services provided by Kern Internet Services, defines Kern Internet Services
Services as the use. These services
also include the provision of access to computing, telecommunications,
software, and information services provided by others via the Global Internet.
Kern
Internet Services includes access to USENET discussion groups
(newsgroups). Some of the discussions
contain language or pictures about subjects intended for Adult audiences. Account holders less than 18 years old must
have a parent or legal guardian agree to these conditions to indicate
acceptance and knowledge of this. No account can be established with Kern
Internet Services until we have the signature in hand.
Kern Internet Services will not disclose any subscriber
information with the exception of a court order or specified legal process or
governmental requests.
Kern Internet Services reserves the right to remove any content posted to its system that deems offensive, inappropriate, or in violation of its policies. Kern Internet Services also reserves the right to suspend or cancel a subscriber’s account for engaging in inappropriate conduct. Subscribers, of course, also remain legally responsible for any such conduct.
In using Kern Internet Services, subscribers accept the following restrictions, and agree to use the system only for lawful purposes. In addition, subscribers agree not to use or allow others to use Kern Internet Services:
1. To post or transmit hate speech, threats of physical violence, or harassing content
2. To post or transmit material in violation of copyright laws
3. To post or transmit content that is legally obscene or that violates child pornography statutes; that contains graphic depictions of sexual acts, or visual depictions of sexually explicit conduct involving children; or that contains depictions of children, the primary appeal of which is prurient
4. To post or transmit other sexually-oriented material that, in the specific context, is offensive or inappropriate
5. To post or transmit commercial or bulk e-mail without the prior written approval of Kern Internet Services
6. To post or transmit off-topic or commercial messages on forums or newsgroups
7. To engage in illegal, unlawful, or tortuous conduct or other conduct that interferes with Kern Internet Services ability to provide service or interferes with the rights of others. Such conduct includes, but is not limited to: libel, invasion of privacy, consumer fraud, unauthorized dissemination of trade secrets, violation of trademark laws, hacking, or transmittal of commercially restricted information.
Kern Internet Services subscribers and account holders may not upload, post, transmit or otherwise make available on our service any material protected by copyright in a manner that infringes that copyright. This includes , but is not limited to, uploading or downloading MP3 files without the expressed written permission of the copyright holder. In accordance with the Digital Millennium Copyright Act, it is the policy of Kern Internet Services to terminate in appropriate circumstances of any subscriber or account holder who is a repeat infringer. Kern Internet Services expressly reserves the right to terminate or suspend the service of any subscriber or account holder even for a single act of infringement. These policies do not affect any other rights Kern Internet Services may have under law or contract
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
2. Identification
of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site
3. Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit Kern Internet
Services to locate the material;
4. Information
reasonably sufficient to permit Kern Internet Services to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted;
5. A statement
that the complaining party has a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent,
or the law; and
6. A statement
that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
Kern
Internet Services Host Dial-up accounts are for individual users and the
account holder therefore agrees not to share the password of the account. The account holder acknowledges that Kern
Internet Services will terminate the account without notice if the account
holder does not comply.
The
account holder agrees to maintain a secure password to the account. Secure passwords are those that are between
6 and 8 characters long, contain upper and lower case letters, and numbers or
other characters, and can not be found in direct or reverse order in a
dictionary, without regard to the language of the dictionary.
The
account holder agrees not to use any process, program, or tool via Kern
Internet Services for guessing the passwords of account holders on Kern
Internet Services or other systems. The account holder agrees not to use Kern
Internet Services to make unauthorized attempts to access the systems and
networks of others. Violation of this policy will result in account termination
and the possible involvement of law enforcement officials. Kern Internet
Services hereby gives notice that it will cooperate in any investigation of
such activities by law enforcement officials.
The
account holder agrees to use the services provided by Kern Internet Services as
permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to
use these services to conduct any business or activity or solicit the performance
of any activity that is prohibited by law.
The
account holder acknowledges that Kern Internet Services is a commercial entity.
Advertising via Kern Internet Services, whether through Usenet, electronic
mail, or other media, without the special written permission of Kern Internet
Services, is prohibited and may be grounds for account termination or other
administrative action.
The
account holder agrees to not resell or provide services using his or her dialup
connection via Kern Internet Services, whether via dialup modems or via the
internet, whether those services be advertising, or other purposes. Violation
of this section may be grounds for levying of additional charges or termination
of the account.
The
account holder agrees to not leave unnecessary processes running after logout.
Frequent violations will result in termination or suspension of the account,
subject to a decision by the administrator.
Examples
include bots, pine, or any other program that you do not terminate normally.
The account
holder agrees not to use more than 5 megabytes of disk space except through
special arrangement with Kern Internet. Violations will result in additional
billing for services.
The
account holder understands that it is their responsibility to backup content
stored on Kern Internet’s servers. Kern Internet Services does backup content
stored on our servers but it not responsible for any loss of content.
The
account holder acknowledges that Kern Internet Services makes an honest effort
to keep the information available on Kern Internet Services’s accurate.
However, Kern Internet Services can make no warranty of any kind, either
expressed or implied, regarding the quality, accuracy, or validity for the data
and/or information available. Use of
information obtained from or through Kern Internet Services is at the risk of
the account holder.
The
account holder also acknowledges that the information available through the
interconnecting networks may not be accurate. Kern Internet Services has no ability or authority over the
material. Kern Internet Services can
make no warranty of any kind, either expressed or implied, regarding the quality,
accuracy, or validity of the data and/or information residing on or passing
through these networks. Use of
information obtained from or through Kern Internet Services is at the risk of
the account holder.
The
account holder agrees to indemnify and hold Kern Internet Services harmless
from any claims, including attorney’s fees, resulting from the account holder
receiving Kern Internet Services that cause direct or indirect damage to
another party.
Kern
Internet Services will bill in advance for services on a month-to-month basis.
Invoices are emailed or faxed by the 20 of each month for the following month billing cycle, payment is due upon receipt
of our invoice.
Delinquent
accounts are those that remain unpaid by the 5th of the current
month and are subject termination without further notice.
There is a service charge of
$10 to remove dialup accounts from accounting hold status.
There is a service charge of
$35 to remove webhosting accounts from accounting hold status.
There is a service charge of
$50 to remove broadband wireless accounts from accounting hold status.
The account
holder acknowledges responsibility for the account until payment in full is
made.
There
is a $15.00 service charge for each returned check.
Cancellation
requests for Kern Internet Services accounts must be received in writing via
email, fax, or postal service at Kern Internet Service’s main office. Such
requests must be received by 5:00 PM Pacific time on the last day of the
current month in order to be processed by the beginning of the next accounting
cycle.
All Kern
Internet Services accounts must be paid in full before the transaction will be
considered complete.
Any use
of Kern Internet Services system resources that disrupts the normal use of the
system for other Kern Internet Services customers is considered to be abuse of
system resources and is grounds for Administrative intervention. Some examples
of system abuse include spawning dozens of processes, consuming excessive
amounts of memory or CPU for long periods of time, staying attached to modems
while not really “active” on the line and installing programs that spawn
viruses or un-solicited email. We do not allow executable programs on our
servers without written authorization and proof that the program has undergone
testing for security.
Depending
on the nature and the severity of the abuse, the user may receive an E-mail
warning or have their account suspended by Kern Internet Services Technical
Support. If the misuse is
unintentional, the suspension may be rescinded following discussion with Kern
Internet Services Technical Support. If
the misuse is intentional, the suspension may be rescinded at the discretion of
the Operations Manager, and may require the payment of a service reconnection
charge. Occasionally, unintentional misuse is misclassified as intentional
misuse. Customers who believe their
activity has been misclassified may appeal to the Operations Manager.
Violations
of any of the Kern Internet Services conditions of use are unethical and may be
criminal offenses. You are expected to
report to Kern Internet Services any information you may have concerning
instances in which the conditions of use have been or are being violated. When Kern Internet Services becomes aware of
possible violations, we will initiate an investigation. At the same time, in
order to prevent further possible unauthorized activity, Kern Internet Services
may suspend access to services to the individual account in question. Confirmation of violations may result in
cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at
the discretion of the Operations Manager, following payment of a reconnection
charge.