Terms of Service
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 supplements and 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. This 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 mind 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 subscribers 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.
Server Hosting - 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 and other peer to peer file sharing will cause network traffic issues and is strictly forbidden.
Intellectual Property Violations - 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 make available child pornography or obscene speech or material. KyWiFi is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the KyWiFi network.
Defamatory or Abusive Language - Using the KyWiFi network as a means to transmit or post defamatory, harassing, abusive, or 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 politeness.
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 equipment.
Facilitating a Violation - Advertising, transmitting, or otherwise making available any software, program, product, or service that 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.
Usenet Groups - 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.
Other Illegal Activities - 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.
Other Activities - 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 system.
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 firstname.lastname@example.org.