As a provider of
Internet access, web site hosting, and other Internet-related services, Compulinx, Inc. DBA KyWiFi referred
to as "KyWiFi" provides the means to
acquire and disseminate a wealth of public, private, commercial, and non-commercial information. KyWiFi respects that the Internet
provides a forum for free and open discussion and dissemination of information; however, when there are competing
interests at issue KyWiFi reserves the right to take certain preventative or corrective actions. In order to protect these
competing interests, KyWiFi has developed a Terms of Service which supplementsand explains certain terms of each customer's respective service agreement and is intended as a
guide to the customer's rights and
obligations when utilizing KyWiFi services. Th0is Terms of Service will be revised from time to time. A customer's
use of KyWiFi services after
changes to the Terms of Service are posted will constitute the customer's acceptance of any new
or additional terms that result from
those changes. One
important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the
Internet's openness and value, but
it also places a high premium on the judgment and responsibility of those who use the Internet,
both in the information they acquire
and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in 0mind that
KyWiFi cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may
acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet,
and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because
KyWiFi cannot monitor or censor the Internet, and will not attempt to do so, KyWiFi cannot accept any responsibility for injury to
its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information
through the Internet, they also must keep in mind that KyWiFi does not review, edit, censor, or take responsibility for any
information its subscribers may create. When users place information on the Internet, they have the same liability as other
authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried
over the KyWiFi network and may reach a large number of people, including both subscribers and non-subscribers of
KyWiFi, subscribers' postings to the Internet may affect other subscriber and may harm KyWiFi goodwill, business reputation, and
operations. For these reasons, subscribers violate KyWiFi policy and the service agreement when they, their customers,
affiliates, or subsidiaries engage in the following prohibited activities:
Spamming - Sending unsolicited bulk and/or commercial messages over the Internet
(known as "spamming"). It is not only harmful because of its negative impact on
consumer attitudes toward KyWiFi, but also because it can overload the KyWiFi network and disrupt service to KyWiFi
subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, KyWiFi has the discretion to determine
from all of the evidence whether the email recipients were from an "opt-in" email list.
Hosting any type of server requires authorization which may be given as part of a business grade
account with KyWiFi.
All residential accounts are not allowed to connect hosting servers to the network.
Peer to Peer File
Sharing - Use
of software agents such as BitTorrent, LimeWire, Gnutella, and other peer to peer file sharing will cause network traffic issues and is strictly
Engaging in any activity that infringes or misappropriates the intellectual property rights
of others, including
copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by
individuals, corporations, or other
entities, engaging in any activity that violates privacy, publicity, or other personal rights of
others. KyWiFi is required by law to
remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also KyWiFi policy to terminate
the privileges of customers who commit repeat violations of copyright laws.
Obscene Speech or Materials
- Using the KyWiFi network to
advertise, transmit, store, post, display, or otherwise makeavailable child pornography or obscene speech or material. KyWiFi is required by law to notify
law enforcement agencieswhen it becomes aware of the presence of child
pornography on or being transmitted through the KyWiFi network.
Defamatory or Abusive
Using the KyWiFi network as a means to transmit or post defamatory, harassing,
threatening language. This clause is not meant to restrict free speech in any way. KyWiFi would just ask that it be
done in good taste and
Forging of Headers
- Forging or misrepresenting
message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or
Networks - Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or
attempting to penetrate security measures of another individual's system (often known as "hacking"). Also included is
any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other
information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or
Other Destructive Activities - Distributing information regarding the creation of and sending Internet viruses,
worms, Trojan horses, pinging, flooding, mail-bombing, or denial of service attacks. Also, activities that disrupt the use
of or interfere with the ability of others to effectively use the network or any connected network, system, service, or
Advertising, transmitting, or otherwise making available any software, program, product, or
servicethat is designed to violate the Terms of Service, which
includes the facilitation of the means to spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and
piracy of software.
Export Control Violations
- Exporting encryption
software over the Internet or otherwise, to points outside the United States.
- KyWiFi reserves the right
not to accept postings from newsgroups where we have actual knowledge that
the content of
the newsgroup violates the Terms of Service. KyWiFi currently provides no Usenet services.
Engaging in activities that are determined to be illegal, including advertising, transmitting,
or otherwise making available Ponzi schemes, pyramid
schemes, fraudulently charging credit cards, and pirating software.
- Engaging in activities,
whether lawful or unlawful, that KyWiFi determines to be harmful to its
subscribers, operations, and reputation, goodwill, or customer relations.As we have pointed out, the responsibility for avoiding the harmful activities just described
rests primarily with the subscriber. KyWiFi will not, as an ordinary practice, monitor the communications of its subscribers to ensure
that they comply with KyWiFi policy
or applicable law. When KyWiFi becomes aware of harmful activities, however, it may take any action to stop
the harmful activity, including but
not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions,
denying access to the Internet, or take any other action it deems appropriate.
KyWiFi also is concerned with the privacy of
on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication,
including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of
prudence, however, KyWiFi urges its subscribers to assume that all of their on-line communications are insecure. KyWiFi
cannot take any responsibility for the security of information transmitted over KyWiFi facilities. KyWiFi will not intentionally
monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental
authority, or when public safety is at stake. KyWiFi may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, KyWiFi may disclose information, including but not limited to, information concerning a
subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons,
discovery request, warrant, statute, regulation, or governmental request. KyWiFi assumes no obligation to inform the
subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such
notice. Finally, KyWiFi may disclose subscriber information or information transmitted over its network where necessary to
protect KyWiFi and others from harm, or where such disclosure is necessary to the proper operation of the
Finally, KyWiFi wishes to emphasize that in
accepting the service agreement, subscribers indemnify KyWiFi for any violation of the service agreement, law, or KyWiFi policy, which
results in loss to KyWiFi or the bringing of any claim against KyWiFi by any third-party. This means that if KyWiFi is sued because
of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against KyWiFi, plus
costs and reasonable attorneys' fees.
We hope this Terms of Service is helpful in
clarifying the obligations of Internet users, including KyWiFi and its subscribers, as responsible members of the Internet. Any complaints
about a subscriber's violation of these terms should be sent to email@example.com.