General

The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. KLiP Interactive reserves the right at all times to prohibit activities that effect the performance of the services provided, cause undue hardship to customers, damage it's commercial reputation or good standing within the Internet Community.

When using KLiP Interactive' service, please be aware that the following Acceptable Use Policies apply at all times. These Policies have been developed in order to ensure that you and all other KLiP Interactive customers have a high quality service that is being used appropriately by all customers. By establishing and using your KLiP Interactive account, you agree to all of the Policies set out in this document.

1. General Terms and Policies. KLiP Interactive is a private company providing a commercial gateway to the Internet. KLiP Interactive' equipment and facilities may be used to send electronic mail, conduct commercial transactions, access bulletin boards, newsgroups and private networks, engage in on-line chat sessions, transfer files, and otherwise use all legal aspects of the Internet, subject to these Policies (referred to in this document as "the Service").

This service is provided to authorized persons or organizations (referred to in this document as "Customer, Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Policies. If you do not agree to be bound by these Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.

2. Coverage. If you are an individual Subscriber, these Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all of your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be imputed to you.

3. Grounds for Suspension and Termination. You agree to comply with these Terms and Policies, as well as the applicable rules, regulations and policies of any network, bulletin board, and newsgroup, web site or Internet Service Provider accessed through the Service. Any violation of either these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for KLiP Interactive to suspend or terminate your account. You agree that KLiP Interactive has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following:

-> A. Failure to pay your bill on the required due date without first making arrangements, it is your responsibility to contact our billing department and make arrangements.

-> B. Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail ("spamming"); the suspension or termination which will result from spamming is entirely separate from and in addition to the fees which will be placed on your account due to such activity.

-> C. Running on an KLiP Interactive network any program which makes a service or resource available to others, including but not limited to port redirectors, proxy servers, chat servers, MUDs, file servers, and IRC bots. Users may not run such programs on their own machines to make such services or resources available to others through an KLiP Interactive access account; a dedicated access account is required. You shall not attach to your network connection any of the following: eMail server, Web Hosting Server, Video or Audio Server, Image Server, Streaming Server, Caching Server, DNS Server, Authentication Server or any server for the purpose of providing or serving information or content to the World Wide Web (Internet) or Intranet, unless your service package specifically provides for this configuration.

-> D. Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access and/or intercept an account of which you are not the owner or a communication on which you are not the sender or intended recipient.

-> E. It is a violation of this policy to attach multiple computers to a single computer service plan by using a HUB, Router, Switch or other networking device. By assigning an IP Address to a networking device other than one provided by KLiP Interactive.

-> F. Excessive use of bandwidth, unless you are under a specific dedicated service contract, all bandwidth is shared and burstable. Prolong or sustained use of large amounts of bandwidth.

-> G. Posting commercial messages to a USENET group where the posting is not approved by the specific USENET group in its charter, or mass posting to large numbers of USENET groups. Using the Service in such a way as to forge headers/addresses in electronic mail or USENET postings, or using any other method to disguise the sender's identity.

-> H. Using the Service to promote or solicit competing Internet services.

-> I. Using the Service for unauthorized relays through any third party systems.

-> J. Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.

-> K. Using the Service for mail bombing, which is defined as the sending of mass amounts of e-mail to one recipient, with the intent to render that recipient's account and/or the electronic system serving that account dysfunctional.

-> L. Using the Service to engage in any form of Denial of Service attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which affectively impedes or totally disables functionality of the recipient system(s) or their connectivity, including but not limited to syn flood attacks and smurfing.

-> M. Using the Service to add or attempt to add addresses to any mailing list without the explicit positive consent of the addressee(s).

-> N. Using the Service to forward or post "chain letters" (multiple forwarding) of any type.

-> O. Attempting to cancel, supersede, or otherwise interfere with e-mail or USENET posts other than your own.

-> P. Engaging in harassment, whether through language, frequency, or size of messages.

-> Q. Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.

-> R. Using the Service in a way that constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, copyright, intellectual property, communications, privacy, criminal and international law).

-> S. If you are disconnected due to service agreement infringements, there will be a $50 reconnect fee. Service agreement infringements include; any of the aforementioned items, as well as stealing service from us, or using hubs, etc on your connection without upgrading your package!

4. Some services provided by KLiP Interactive require a refundable Modem Deposit. This deposit will be refunded at the conlusion of service if it is returned in good condition and proper working order. In the event that your account is cancelled due to non-payment, any outstanding balance for service or associated fees will be deducted from the modem deposit.

5. Webmail. Webmail is a convience and is not considered a safe place to store emails. There may be situations where webmail boxes may be wiped/deleted/removed. By agreeing to these terms you agree to the knowledge of that possibility. Webmail is primarily setup for the casual vacationer so that he/she may view their emails while out of town, however when they return home it is STRONGLY advised to download the mail from webmail onto your computer for safe storage. The features on Webmail may also change without notice as some services become available or unavailable.

6. KLiP Interactive is concerned that many forms of Internet gambling could violate state, federal, and foreign anti-gambling laws. Some forms of Internet gambling may lead to violations of the Interstate Wire Act, a federal criminal statute enacted to combat the placement of bets by telephone and telegraph. Moreover, at least three states - Minnesota, New York, and Florida - have stated formally that Internet gambling may violate their states' laws.

Accordingly, KLiP Interactive has decided not to provide web site hosting or Internet access services to entities engaged in Internet-based gambling or other wagered activities, which are determined to be illegal. KLiP Interactive and its employees are forbidden from aiding, advising, counseling, conspiring with, or providing service to an entity offering illegal gambling, gaming, or other illegal activities over the Internet.

7. Security. You agree not to access or attempt to access private areas of the Service. You agree to notify KLiP Interactive as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.

8. Intellectual Property. KLiP Interactive does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. If KLiP Interactive is informed of an alleged copyright or trademark infringement on the Service, KLiP Interactive will attempt to notify the affected Subscriber(s) of those allegations and secure a response. KLiP Interactive may, at its sole discretion, remove on a temporary or permanent basis; materials that KLiP Interactive believes may create, constitute, or contribute to copyright or trademark infringements. You agree not to assert any claims against KLiP Interactive for any such removal.

9. Liability. You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by KLiP Interactive, neither KLiP Interactive nor any of its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. KLiP Interactive neither endorses nor is responsible for the accuracy of such material, and you agree that KLiP Interactive is not responsible for any loss or damage caused by your use of, or reliance on, such material.

You understand and agree that you have sole responsibility for your posting of any material to any site or newsgroup on the Internet, including but not limited to postings to web sites, whether residing on KLiP Interactive equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless KLiP Interactive and its officers, directors, employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

You agree to be liable for any damages or loss of service that results in damages to KLiP Interactive as a result of any spamming or other violations of this Acceptable Use Policy. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that KLiP Interactive may pursue any such claims against you in an approprate court of law.

10. Warranty. KLiP Interactive MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY KLiP Interactive OR ITS EMPLOYEES SHALL CREATE A WARRANTY.

THE INTERNET ACCESS SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY KLiP Interactive ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS; KLiP Interactive DOES NOT WARRANT THAT THEY WILL BE PROVIDED ERROR-FREE AND/OR WITHOUT INTERRUPTIONS, OR WITHOUT DELAYS, OR THAT ANY DEFECTS WILL BE CORRECTED WITHIN ANY GIVEN TIME PERIOD. KLiP Interactive DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF YOUR DATA STORED ON THE SERVICE. THERE IS NO GUARANTEE OF "UP / DOWN" TIME UNLESS YOUR CONTRACT OR SERVICE PACKAGE SPECIFICALLY STATES THE TERMS.

11. Content. You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. KLiP Interactive has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.

12. Privacy. KLiP Interactive commits to follow the controlling Federal and state laws respecting Subscriber privacy and data access. KLiP Interactive will not provide names, addresses, telephone numbers, e-mail addresses, or other personally identifiable information on any Subscriber to any third party without prior permission from that Subscriber, or under an appropriate court or administrative directive, unless any such information is publicly available. KLiP Interactive may access and use individual Subscriber information in the operation of the Service and as necessary to protect the Service. KLiP Interactive may provide aggregate data on Subscribers to third parties.

13. Activation and Termination of Service. Upon completing and submitting the applaction form, either online, by mail for by fax, KLiP Interactive shall activate your account. Charges are pro-rated from the date service is activated through the end of that same service period, and you will be billed that amount. All following service periods will reflect the full monthly charge for the service option selected. Service can be cancelled at any time by sending your request to customer support as indicated on the website, or by mail. All termination requests must be in written format. Service is provided for your use; if you elect not to use the service in a given period, but fail to request the service to be terminated, the normal monthly charges still apply. Charges will be applied until a request for termination has been recieved. Charges are applied to the credit card you provided on the 1st of each month, for the service that month.

14. Disputes. You agree that any dispute between you and KLiP Interactive arising out of your use of the Services in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and KLiP Interactive will be submitted by the aggrieved party for binding arbitration under the guidelines of the American Arbitration Association. Any demand for arbitration under this Section must be filed with the American Arbitration Association. Arbitration will be comprised of (3)arbitrators. Each party will select (1) arbitrator individually and (1) arbitrator jointly. The arbitration must be held in Atlanta, Georgia, and the arbitrators must be persons with experience in Internet based services as offered by KLiP Interactive and applicable law.

15. Changes. KLiP Interactive may change at any time and for any reason these terms of service and acceptable use policies. Revised terms and policies will be posted at http://www.KLiP Interactive.com/aup.html. Revised terms and policies are binding on you as soon as they are posted. If you do not wish to continue subscribing to the Service under any revised terms and policies, inform sales@KLiPia.com at once, and your account will be closed, with a refund of any unused portion of your billing, less applicable termination fees, as of the date of account closure.

To find out more about our services or for questions about this policy, please contact KLiP Interactive Solutions 1.678.727.7000