Kansas Broadband Internet has created this Acceptable Use Policy to maintain the integrity of its wireless broadband network and insure that we provide the best Broadband service possible. This policy outlines acceptable use of the Kansas Broadband Internet High Speed Internet Access (the "Service"). As a condition of accessing this Service, you must agree to the following terms and conditions of use ("Policy"). Your failure to comply with this policy could result in the suspension or termination of your service account. Your use of the Service indicates your acceptance of this Acceptable Use Policy.
Prohibited or Actionable Activities
All Kansas Broadband customers are prohibited from activities involving the Service that are illegal, detrimental to the enjoyment of the Service for others, or that would infringe the rights of others, and as a condition of using the Service prohibits you from engaging in the following activities:
Restrictions on Use - You agree to not use the Service to:
(a) transmit any material that is unlawful, harmful, threatening, abusive, harassing, libelous or defamatory, hateful, obscene, indecent, or otherwise objectionable or which encourages or participates in conduct that would constitute a criminal offense, gives rise to a civil liability, or otherwise violates any local, state, federal, or international law, order, rule, or regulation;
(b) harm, or attempt to harm, minors in any way;
(c) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service;
(d) transmit any material that you do not have a right to make available under any law. This includes the infringement of intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non‐U.S. law, order, or regulation;
(e) transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(f) transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
(g) transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(h) use the Service for excessively high volume data transfers, such as those which, in the view of Kansas Broadband Internet, risk consuming bandwidth to the detriment of other Service users. All customers of the Service suffer from degraded or denied service when one user (or a small group of users) consumes a disproportionate amount of wireless network’s resources. Therefore, Kansas Broadband Internet will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of available resources and creating the potential to disrupt or degrade the network. When feasible, Kansas Broadband Internet will attempt to contact the user regarding excessive use of bandwidth to help determine the cause and eliminate network congestion;
(i) use of your account by others is strictly prohibited. You may not through action or inaction, allow others to use the Service for illegal or improper activities or for any purpose or in any manner prohibited under this policy.
Notice of Violations
If you receive notification of infringement violation as described above, you may be liable to Kansas Broadband Internet, the affected copyright owner, or other parties. Compensation to Kansas Broadband Internet or any affected party for damages incurred in connection with the removal,and/or blocking, as well as any fees associated with the infringed materials may apply.
Kansas Broadband Internet advises any person who is aware of a violation of this policy to contact us directly at:
Kansas Broadband Internet
119 W Iron Ave, Suite 601
Salina, KS 67401
Disclaimer of Warranties
THE MATERIALS AVAILABLE THROUGH THE SERVICE AND THROUGH ANY THIRD PARTY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. KANSAS BROADBAND INTERNET MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE KANSAS BROADBAND INTERNET EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KANSAS BROADBAND INTERNET MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT SOFTWARE DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KANSAS BROADBAND INTERNET MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES OR THE DELIVERY OF ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ADVERTISED THROUGH THE SERVICE, OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU VIA THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL KANSAS BROADBAND INTERNET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF KANSAS BROADBAND INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SERVICE,FROM ANY CHANGES TO THE SERVICE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. YOU SPECIFICALLY AGREE THAT KANSAS BROADBAND INTERNET IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT OF YOURS OR OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, ARISING ON, FROM, OR IN CONNECTION WITH THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN CONDUCT IN USING THIS SERVICE, AND WILL INDEMNIFY AND HOLD HARMLESS KANSAS BROADBAND INTERNET FROM ANY CLAIMS, LIABILITY, DAMAGES OR COSTS THAT RESULT FROM YOUR CONDUCT IN USING THIS SERVICE. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE SERVICE, OR WITH ANY PROVISIONS IN THIS LEGAL NOTICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.