SERVICE AGREEMENT TERMS AND CONDITIONS/ACCEPTABLE USE POLICY
In subscribing to and using Keystone Communications service and other services, Customer agrees to all terms and conditions set forth below and any additional terms that may be included within the signed Service
Agreement:
1. SERVICE WARRANTIES: CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER’S SOLE RISK. NEITHER KEYSTONE COMMUNICATIONS NOR ANY OF ITS AFFILIATE COMPANIES, LICENSERS, EMPLOYEES OR AGENTS REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND NO WARRANTY IS MADE AS TO THE RESULTS TOBE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN“AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2. ACCEPTABLE USE: Keystone Communications services may only be used by the Customer for lawful purposes. Messages or materials received which violate any local, state, or federal regulations are prohibited. This includes, but is not limited to, copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secrets. Keystone Communications does not allow users to originate through its Internet Access service unsolicited bulk email messages (SPAM) and, further, any voice services provided by Keystone Communications shall not be used for the
making of robocalls. Any such actions detected by Keystone Communications will be cause for immediate termination of Internet and/or voice services, at Keystone Communications discretion, and may be subject to federal, state, and/or local prosecution.
3. USE OF INFORMATION: Use of any information obtained via this service is at Customer’s risk. Keystone Communications specifically denies any responsibility for the accuracy or quality of information obtained through its services.
In providing its Internet Access service, Keystone Communications does not, in any way, control, manage or edit the content of any material placed on the Internet by its Customers or any third parties, nor does it in any way control, manage, monitor, limit or edit the material or content which Customer may access or become exposed to on the Internet. Customer is solely responsible for any information which it places on the Internet, which it accesses on the Internet, or which it uses through the Service; in particular, Customer is solely responsible for the legality of any such information or the access or use thereof. Some information accessible on the Internet may be offensive either because of its graphic content (including sexually explicit material) or because of the language that is used. Parents or other responsible adults may want to obtain software that disables or limits access to such material.
Keystone Communications expressly disclaims any liability from any claims for damage arising out of or claimed to arise out of Customer encountering via the Internet any illegal, offensive, or otherwise inappropriate content.
4. INAPPROPRIATE USE OF SERVICES: Use of the services must conform to all Keystone Communications restrictions associated with the Customer’s account, as set forth herein or otherwise provided by Keystone Communications to the Customer. Keystone Communications reserves the right to immediately terminate service of any customer who uses Keystone Communications network in violation of any of the established service terms and conditions.
Keystone Communications will cooperate with law enforcement officials and with other system administrators in the legitimate investigation of illegal or suspicious activity.
5. BILLING AND MINIMUM TERMS: Customer will be billed during the first business week of the month after Keystone Communications receives Customer’s order in Keystone, Iowa, for the coming month’s fixed service costs, as well as the past month’s fees. The first payment may also include installation costs, including service fees, local line/access charges and monthly lease costs appropriate to the service selected. These fees are non-refundable. Monthly service fees are independent of the amount of traffic or systems access by users at the Customer’s location. Billing will be included
with your monthly telephone bill and the due date for any charges owed will be printed on the bill statement. The minimum length of services is one month. Keystone Communicationsreserves right to adjust its services charges, including monthly voice service charges upon giving at least thirty days prior notice to Customer.
6. EQUIPMENT: Keystone Communications recommends Customer use only approved equipment and configurations to receive the Keystone Communications Accessservice. Keystone Communications will install one jack (if one does not exist), at no charge, extended from the network “demarcation point” which enables Customer access to the Internet. The demarcation point is generally the Keystone Communications installed box on the side of a building or house where the Keystone Communications network wires end and Customer premise wires start. Keystone Communications can provide one wireless router, for a charge, which is able to remotely monitor and test the health of the Keystone Communications Internet/broadband service connection and provide a wired and wireless access point at the Customer premises. This router device will be owned and maintained by Keystone Communications. Should the Customer refuse this Keystone Communications equipment, Customer will take on full responsibility for maintenance of the broadband connection on their side of the established demarcation point and any Keystone Communications testing or repair of Customer owned equipment will be performed at regular Keystone Communications time and expense rates. At Customer’s request, for additional fees, Keystone Communications will install and/or maintain any inside wiring that is necessary between the demarcation point and the location of the broadband access jack.
Any Keystone Communications equipment provided to customer to enable access to Keystone Communications Internet/broadband service will remain the property of Keystone Communications. In the event Customer terminates such service, Customer is responsible for returning all equipment to Keystone Communications in working condition. Customer is liable for any damages to or loss of any provided Keystone Communications equipment.
7. EXTENSION OF SERVICE RESTRICTIONS: Keystone Communications agrees to provide its Internet Access service to the Customer named herein for their private use. Keystone Communications Internet Service is not intended for the hosting of private or public Internet access points. All Keystone Communications service accounts, whether for individual residential or business customers, are single user/station accounts and the service shall not otherwise be extended, shared, or transferred. Sharing the account with persons other than family members residing in an individual Customer’s household, whether for compensation or otherwise, is strictly prohibited. This activity may result in immediate suspension of the Customer’s Service.
Customer acknowledges and agrees that its permission to use the Internet extends only to the address assigned to Customer’s mailing address and does not extend to multiple other home or business address locations. Keystone Communications customers are prohibited from reselling or redistributing the Keystone Communications Internet service to any third party or parties via any means, including but not limited to wireless technology.
8. BANDWIDTH: Actual data transfer or throughput of the Keystone Communications Internetservice may sometimes be slower than (the minimum connection speed) due to Internet congestion, server speeds, protocol overheads, number of connected devices and/or other factors that cannot be controlled by Keystone Communications.
Keystone Communications reserves the right to evaluate the bandwidth or hardware utilization of individual accounts for network management purposes. Excessive bandwidth or hardware utilization that unreasonably affects the ability of Keystone Communications to universally provide its service may result in a notice to the Customer, and at Keystone Communications discretion, the Customer may be asked to upgrade their Internet service package.
9. NETWORK MANAGEMENT PRACTICES: In the interest of providing the best online experience possible for all its customers, Keystone Communications utilizes reasonable network management practices. Because bandwidth is a limited resource for broadband Internet service providers, it is essential that Keystone Communications reasonably manage its network to promote the use and enjoyment of the Internet by all customers. By engaging in reasonable and responsible network management, Keystone Communications protects all its customers from the negative effects of network congestion, security attacks, viruses, SPAM, and other threats designed to degrade Internet access service performance. The network management practices employed by Keystone Communications are consistent with industry standards and are more completely disclosed on the Keystone Communications website at Home – Keystone Communications
10. SECURITY: Keystone Communications makes no warranties, expressed or implied, concerning the security of the Customer’s data, computers, other devices, Wi-Fi networks, or other local data network(s) that utilize Keystone Communications broadband service to access the Internet.
Customers are solely responsible for the security of any device(s) which they choose to connect to Keystone Communications Internet service, including any data that is stored on the device(s). Keystone Communications recommends that all customers take appropriate security precautions for any devices, systems, or local networks. This includes any Wi-Fi network used to access the Keystone Communications Internet service. All such networks should at minimum be password protected and not left unsecured or “open” by the Customer.
11. COMPLIANCE WITH THE DIGITAL MILLENIUM COPYRIGHT ACT: Some material available on the Internet may be copyrighted, trademarked, or constitute a trade secret and some material may have been placed on the Internet in violation of U.S. or other copyright and trademark law. Customer is solely responsible for determining the legal status of any intellectual property it uses, copies or duplicates using the Internet service.
Upon receiving proper notice in accord with DMCA provisions and after having knowledge or awareness of an infringement of a copyright by Customer or a user of Customer’s service, Keystone Communications will take all necessary actions as required by the DMCA and other applicable laws. Keystone Communications will expeditiously remove or disable access to any allegedly copyrighted materials and may also suspend, disconnect, and/or terminate Customer’s Internet service upon receiving evidence of repeated instances of copyright infringement. A complete copy of Keystone Communications Copyright Infringement Policy and related service terms can be found on the Keystone Communications website at Home – Keystone Communications
12. ROBOCALL MITIGATION: In accord with the federal TRACED Act (Telephone Robocall Abuse Criminal Enforcement and Deterrence Act) and consistent with Keystone Communications Robocall Mitigation Plan filed with Federal Communications Commission, if Keystone Communications has reason to suspect that illegal robocalling or spoofing is occurring over its network, it willseek to identify the responsible party and take appropriate action to stop such practices.
13. LIMITATION OF LIABILITY: Neither party shall be liable to the other for any loss, damage, liability, or expense arising out of or in relation to this agreement or the furnishing of service or equipment, however caused, whether grounded in the contract, tort (including negligence) or theory of strict liability, except that Customer shall be liable to Keystone Communications for the reasonable costs and fees of the services provided. The parties agree to work in good faith to implement the purposes of this agreement, recognizing services to be provided by Keystone Communications could not be made available under these terms without an increase in cost if Keystone Communications were to assume a greater liability.
Keystone Communications takes no responsibility for any damages suffered by the Customer, including but not limited to, loss of data from delays in transmission, non-deliveries or mis-deliveries of messages or data, or service interruptions of any kind whether caused by Keystone Communications actions or Customer’s own errors and/or omissions.
The Customer shall indemnify, defend and hold harmless Keystone Communications against any claim, loss or damage arising from its use of the voice or Internet services provided hereunder, including: (1) claims for libel,slander, invasion of privacy, or copyright infringement; (2) claims for patent infringement; or (3) any other claim arising from and act or omission of the customer.
14. CHANGE OF STATUS: Customer is responsible for all access to, and actions taken related to the established account and services provided. It is the account holders responsibility to safeguard their account password(s) and to ensure that the terms and conditions established by this Agreement are honored by users of the services provided. Keystone Communications will occasionally require that the customer update their account information as a condition to continuing the provided communications services. Customer should also promptly notify Keystone Communications in writing of any changes that are necessary to keep the account information current.
15. CANCELLATION OF SERVICE: Customer may cancel its Service at any time. Customer will be responsible for paying the cost of all services already received up to the time of cancellation, as determined on a pro-rata basis. Keystone Communications may immediately terminate itsservices upon any violation by Customer of any ofthe terms and conditions of this Agreement without notice. Otherwise, Keystone Communications may terminate the Service upon 30 days prior written notice to Customer.
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