Duo County Telephone Cooperative provides Internet access (the "Service") subject to your agreement and compliance with the terms and conditions below (the "Agreement").
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. AFTER YOU HAVE READ THE TERMS AND CONDITIONS, PLEASE INDICATE YOUR AGREEMENT TO THEM BY. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, AND DO NOT WISH TO BE BOUND BY THEM, YOU MAY NOT ACCESS OR USE THE SERVICE.I.
A. In order to register for the Service, you must be at least 18 years of age, and you hereby represent and certify to Duo County that you are at least 18 years of age. If you are a parent or legal guardian, you may authorize a minor under your control to use your account under supervision. You promise to adequately supervise the minor and are responsible for the minor's use of the Service. You further promise to indemnify and hold harmless Duo County for the minor's use of the Service. You agree that you are fully responsible for such minor's conduct while using the Service, and for any consequences if the minor misuses the Service or the software, or otherwise violates this Agreement.
B. You further represent and certify to Duo County that all information provided by you to Duo County in connection with your registration, whether on-line or otherwise, is accurate, complete and current. You further agree to timely notify Duo County of any changes to such information.
C. You agree that you may not, and shall not, transfer your account to another person without the prior written approval from Duo County.
D. You agree to pay Duo County's current charges in effect from time to time for all Internet access through your account, including but not limited to registration or monthly fees, connect time charges, minimum charges and other charges incurred by you or anyone using your password or account (unless notified by you pursuant to Section I.E.) at the rates in effect for the billing period in which those charges are incurred, including but not limited to charges for any purchases made through the Service and any surcharges incurred while using any supplemental networks or services other than the Service. You agree to pay all applicable taxes related to use of the Service. You agree that Duo County has reserved the right to change all rates or to institute new rates and/or changes at any time. You further agree that you will be liable for all attorney's fees and collection fees arising from efforts to collect any unpaid balance on your account(s). Billing will be on a _____________ basis and you agree that Duo County may, in its sole discretion, change or modify the billing period without notice to you.
E. You agree that you are responsible for maintaining the confidentiality of all passwords issued to you by Duo County to access the Internet. You are responsible for all charges resulting from the use of your password(s) and account in connection with the Service. If your account or password is accessed or used without your permission, you agree that you remain responsible for all such activities and charges until you notify Duo County of an unauthorized use of your password and account by calling __________________________.
II. USE OF THE INTERNET
A. You understand that Duo County does not operate nor control the contents of the Internet in any way, and that all merchandise, information and services offered or made available or accessible on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Duo County.
YOU AGREE THAT YOU ARE TOTALLY RESPONSIBLE AND ASSUME THE RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET. Duo County AND ITS AFFILIATES MAKE NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH ANY Duo County SERVICE OR ON THE INTERNET GENERALLY, AND THEY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. YOU FURTHER AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE, PROVIDED TO THE SERVICE OR THE INTERNET GENERALLY.
B. YOU UNDERSTAND AND FURTHER ASSUME THE RISK THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU AGREE THAT ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. Duo County HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
C. You agree that it is your responsibility to provide all telephone and other equipment and services necessary to access the service.
D. Unless you receive the prior written approval of Duo County, you agree that you may not, and will not, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any information, software or other content which you receive through the Service.
III. NO SERVICE WARRANTIES
A. THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY Duo County, ITS AFFILIATES OR ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER Duo County NOR ITS AFFILIATES WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
B. UNDER NO CIRCUMSTANCES SHALL Duo County, ITS AFFILIATES OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
C. If you are dissatisfied with the Service, or with any terms, conditions, rules, policies, guidelines or practices of Duo County in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
IV. PROPERTY RIGHTS AND COPYWRITED MATERIAL
A. You agree that all content accessed through the Service is the property of the applicable content owner and may be protected by applicable copywrite law. This Agreement gives you no rights to such content.
B. EXCEPT AS EXPRESSLY PERMITTED HEREIN OR BY APPLICABLE LAW, Duo County AND ITS SUPPLIER(S) RETAIN ALL RIGHT, TITLE AND INTEREST IN THE SOFTWARE UTILIZED TO ACCESS THE SERVICE. THIS SOFTWARE AND SOURCE CODE FORM CONTAIN CONFIDENTIAL TRADE SECRETS OF Duo County AND/OR ITS SUPPLIER. EXCEPT AS EXPRESSLY AUTHORIZED ABOVE, YOU SHALL NOT COPY THE SOFTWARE, IN WHOLE OR IN PART, OR MODIFY, REVERSE COMPILE, REVERSE ASSEMBLE OR CREATE DERIVATIVE WORKS OF ANY PORTION OF THIS SOFTWARE, NOR RENT, LEASE, DISTRIBUTE, MARKET OR TRANSFER THIS SOFTWARE TO THIRD PARTIES.
C. You agree to abide by the copywrite law and all other applicable laws of the United States, including, but not limited to, export control laws.
D. The Service and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights to Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 252.227-7013, as applicable. Manufacturer is Duo County Telephone Cooperative, 115 Williams Street, Elizabethtown, Kentucky 42701. Subcontractor of the software to access the Service is The Wollongong Group, Inc., 1129 San Antonio Road, Palo Alto, California 94303-4374.
E. You agree that copywrited material must not be placed on the Service without the permission of the owner(s) or person(s) they specifically authorize. Only the owner(s) or other such authorized person(s) may upload copywrited material to the Service.
F. You may download copywrited material for your own use. Except as expressly provided by copywrite law, copying, redistribution or publication must be with the express permission of Duo County and the owner(s) or such authorized person(s) if other than Duo County. Permission must be specified in the document, on the Service, or must be obtained directly from Duo County and the owner(s) or such authorized person(s) if other than Duo County. Any copying, redistribution or publication of copywrited material, any changes to or deletion of author, attribution or copywrite notice are prohibited.
V. YOUR CONDUCT
A. While using the Internet through the Service, you represent, warrant and promise that you will not:
1. Restrict or inhibit any other user from using and/or enjoying the Internet.
2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including but not limited to transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international ordinance, regulation or law, including but not limited to the United States export control laws and regulations.
3. Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful component.
4. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes, except for that which is expressly permitted by the provider of such information, software or other material.
5. Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
6. Upload, post, publish, transmit, reproduce or distribute in any way any component of the Service itself or derivative works with respect thereto, as the Service is copyrighted as a collective work under United States copyright laws.
7. Send UNSOLICITED electronic mail messages, including, without limitation, commercial advertising and informational announcements.
8. Use this Internet Service Provider's electronic mail server to relay mail without the express permission of this Internet Service Provider.
B. You agree and understand that Duo County has no obligation to monitor the Service in any way. You further agree that Duo County has a right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance or other governmental request to operate the Service properly, or to protect itself or its subscribers. Duo County shall not intentionally monitor or disclose any private electronic mail message unless required by law. Duo County reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
VI. BREACH OF THE AGREEMENT
Duo County may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Duo County, in its sole discretion, believes violates any of the terms and conditions in this Agreement. If Duo County denies you access to the Service because of such a violation, you agree that you have no right (1) to access through Duo County any material stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) shall be forfeited, and (3) to access third party services, merchandise or information on the Internet through Duo County. You agree that Duo County shall have no responsibility to notify any third party providers of services, merchandise or information and that Duo County shall not be responsible for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Duo County and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorney's fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
A. You agree that in the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the provisions shall remain in full force and effect.
B. Duo County's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
C. You agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
D. You agree that this Agreement is personal to you and you shall not assign your right herein.
E. You agree that upon notice published over the Service, Duo County may modify this Agreement, including but not limited to its prices and charges for the Service, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.
F. You agree that the terms for payment are met ten (10) days in the currency in which billed. If any payment due hereunder is not made by you within thirty (30) days after the invoice date, you agree to pay late charges of one and one-half percent (1 1/2%) per month with respect to such payment.