KC Online Inc.
User Agreement

1. The KC Online service, as operated by KC Online, Inc., is a computer, interactive information, communication and transaction service allowing access to the Internet, bulletin boards, private networks and other communications outlets. The service is available to an authorized member through a membership account (Membership); it is accessible through a personal computer, or other access device and a communications connection (e.g. modem, telephone line).

2. User agrees to follow the Acceptable Use Policy of any network user connects to via KC Online's system.  KC Online's Acceptable Use Policy can be found at http://ww.kconline.com/essential/aup.php.   CAREFULLY READ the terms of this User Agreement which governs your use of the service. KC Online may modify this agreement at any time and in any manner. Any modification is effective immediately upon either a posting on the KC Online Home Pages http://www.kconline.com/), electronic mail, or conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your membership as provided in Section 9d below. Your continued use of the service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

3. KC Online grants to you ("Member") a non-exclusive, non-transferable right to access, use and display the service on any machine(s) of which you are the primary user and is the individual or business whose name appears on the account and dependents of the account holder living at the same address. Member may not, however, maintain access to the Service on more than one modem at any given time. Service is provided on an AS IS, AS AVAILABLE basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY KC ONLINE, ITS EMPLOYEES, LICENSORS OF THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

4. You understand that except for information products or services clearly identified as being supplied by KC Online, neither KC Online, nor any of its affiliates, operates or controls any information, products or services accessible through the service in any way and that, except for such KC Online identified information, services or products, all merchandise, information and services offered or made available or accessible through the Service are offered or made available or accessible by third parties who are not affiliated with KC Online or its affiliates. YOU EXPRESSLY AGREE that use of the service is at your SOLE RISK and YOU AGREE that any information, service or product accessible through the Service is WITHOUT WARRANTIES OF ANY KIND BY KC ONLINE AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This in no way includes any reimbursement for losses of income due to disruption of service by KC Online or its providers. Neither KC ONLINE nor its Information Providers are responsible for any damages arising from User's use of KC ONLINE or by User's inability to use KC ONLINE service.

5. Member may order and purchase merchandise or services from other Members and users of other communications outlets including the Internet. Member acknowledges that all transactions concerning third party (Seller) merchandise or services, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between Seller and Member. KC Online makes no warranties or representations whatsoever with regard to any goods or services provided by Seller. KC Online shall not be a party to a transaction between Member and Seller, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of Seller or Member.

6. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KC ONLINE, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE including but not limited to reliance on any information obtained on the service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to KC Online's records, programs or services. YOU HEREBY ACKNOWLEDGE that this PROVISION SHALL APPLY WHETHER OR NOT KC ONLINE IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND that this PROVISION SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE SERVICE.

7. Member is responsible for all charges (e.g., telephone) associated with connecting to the service through an available access number. Member is responsible for obtaining or providing and maintaining all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the service.

8. Member certifies to KC Online that he/she is not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, Member agrees to provide KC Online with accurate, complete, and updated information required by the registration to the service (Member Registration Data), including Member's legal name, address, telephone number(s), and applicable payment data (e.g., credit card number and expiration date). Member agrees to notify KC Online within thirty (30) days of any changes in Member Registration Data. Failure to comply fully with this provision may result in immediate suspension or termination of your right to use the service.

9. Accounts/Charges/Payment/Cancellation.
(a) This Agreement applies to all accounts, sub-accounts, alternative account names associated with Member's principal account. Each Member is responsible for the use of his/her/its account(s) under any name on that account by any person, and for ensuring full compliance with this Agreement by all users of his/her/its account(s). A service account may not be transferred without prior written approval from KC Online and is subject to any limits established by KC Online.
(b) Member is responsible for maintaining the confidentiality of his/her/its passwords. Member is responsible for all activities and charges resulting from use of Member's principal account with the service. Member agrees to pay all monthly membership fees, connect time charges, surcharges, applicable taxes and other charges incurred by Member and/or his/her/its designated users. Member agrees to pay KC Online all charges relating to the use of Member's account(s) according to rates and prices stated at the time of commencement, INCLUDING A ONE-TIME SIGNUP FEE. Member is responsible for charges at the time the service is setup and KC Online may apply the amount due to Member's credit card at any time. In the event of a breach of security, Member will remain liable for any unauthorized use of the service until Member notifies KC Online by calling customer service at (574) 267-1480.
(c) Current rates for using the service may be obtained by calling (574) 267-1480 or through KC Online's  Info Page at "http://ww.kconline.com/essential/rates.services.php". KC Online reserves the right to increase fees, surcharges, monthly membership fees or to institute new fees at any time. In the event that a Member's account is terminated or canceled, on-line time credited to Member's account is not convertible to cash or other form of credit. KC Online reserves to right to change without notice the KC Online service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
(d) In the event of cancellation of service, User is responsible for the full current billing period's charges. The User's billing period shall be monthly, quarterly or annually dependant upon the method of payment the User elected at account inception. In the case of credit card payments, the billing period shall be monthly, quarterly or annually. In the case of cash or check payments, the billing period shall be quarterly or annually (monthly cash or check payments may be allowed with additional service charges applied.) The User's billing date shall be the day of the month that he/she/it originally contracted for service with KC Online (e.g., If the customer signs up on the 1st day of any given month, their billing date shall be on the 1st day of every subsequent billing period). Cancellation notices must be submitted by U.S. mail, email to service@kconline.com, or faxed to (574) 268-2120. If you are submitting your cancellation via US Mail, you must write ATTENTION CANCELLATION on the envelope.

10. YOU UNDERSTAND that information available to you through the service may include MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. KC ONLINE HAS NO RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.

11. Member recognizes that he or she is solely responsible for the content of any information Member makes available through the Service and that KC Online does not continuously monitor the Service to examine the content passing through it. Member agrees that if KC Online is made aware of content that KC Online deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, KC Online has the right, but not the obligation, to remove or deny access to such content. Member expressly agrees that KC Online shall not be liable to Member for any action KC Online takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third-party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Member recognizes that KC Online's actions with respect to all such material may include restriction, suspension or termination of Member's access privileges and/or deletion of the objectionable material. KC Online is not responsible for User's personal files residing on the system. User is responsible for independent backup of his her data stored on KC Online. KC Online reserves the right to delete User's personal files after one or both parties terminates agreement.

12. Material accessible to Member through the service may be copyrighted. Except as expressly permitted by the copyright holder of the material, neither Member nor Member's designated users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any material which they access or receive through the Service.

13. Member expressly agrees not to use the service in a manner that is prohibited by any law or regulation or to facilitate the violation of any law or regulation. Member further agrees not to use the Service in a manner that will disrupt third parties' use or enjoyment of the service or other communications services and outlets. Member acknowledges that prohibited conduct includes, but is not limited to, "port scanning", use of the Service to invade the privacy of third parties, impersonation of KC Online personnel or systems, transmitting via e-mail, USENET, chat service or the Member's personal web page or site, abusive, profane, libelous, slanderous, threatening or otherwise harassing material and posting material in any USENET or newsgroup that is off-topic according to the charter or other public statement of the USENET or newsgroup. Member also agrees not to use the Service to solicit other members to patronize competing services, not to violate or tamper with the security of the service or attempt to utilize another member's account name or persona without authorization from that member.

14. Member acknowledges that he/she/it is expressly prohibited from utilizing the service, KC Online's equipment or any KC Online electronic mail address in connection with the sending of unsolicited electronic mail message(s), whether commercial or not. This prohibition extends to the sending of unsolicited mailings from another service which in any way implicates the use of the service, KC Online's equipment or any KC Online electronic mail address. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. (If a recipient complains about receipt of message(s) from a sender, the message may be considered unsolicited.) For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages. Member specifically agrees that he/she/it will not utilize the service, KC Online's equipment or any KC Online electronic mail address in connection with the transmission of the same or substantially similar unsolicited message to multiple recipients or 15 or more USENETs or newsgroups in a single day. For each day upon which this provision is violated, Member agrees to pay KC Online damages to compensate for the lost goodwill such a violation causes. Member agrees to pay KC Online $50 per email/message for unintentional violation of this provision, but where warranted, such as in the case of an accidental transmission, KC Online may waive all or part of the applicable charge. In cases of willful violations of this provision, Member agrees to pay KC Online $500 per email/message. KC Online at its sole discretion shall determine whether a violation was unintentional or willful. Payment by member under this provision shall not prevent KC Online from seeking to obtain other legal remedies against member, including other damages or an injunction.

15. Member acknowledges that KC Online shall not maintain more than 6 MB of electronic mail storage for member and that Member is responsible for ensuring that the level of electronic mail storage remains below this 6 MB limit. Member expressly agrees that KC Online shall not be liable to Member or parties interacting with Member for any damages resulting from action KC Online takes to enforce this provision.  Storage space allowed for web sites varies with the members service level and will not be exceeded.

16. Member agrees that any personal web page or site Member publishes in connection with the service is intended for personal use. Pages containing pornography, obscenity, adult-oriented material, or material that promotes the breaking of any law may not be stored on KC Online's servers. Use of KC Online for advertising or promotion of a commercial product or service without a KC Online business account is prohibited. Reselling of web space on the KC Online WWW server is prohibited. While other uses (e.g. club or group pages) are not prohibited, they may draw sufficient third party visits ("hits") to the page or site so as to impose a burden on the Service by reducing available bandwidth. To ensure that all Members can use and enjoy the Service, Member agrees that KC Online is entitled to suspend or terminate access to any Member's non-business rate web page or site if KC Online determines that the page or site has, on any single day, received download traffic of fifty megabytes (50,000K) or more. Member expressly agrees that KC Online shall not be liable to Member or parties interacting with Member for any damages resulting from action KC Online takes to enforce this provision.

17. Member agrees that each account is allowed one connection at a given time to the service; making more than one connection to the service simultaneously is prohibited. Member acknowledges that the service is intended for periodic, active use of electronic mail, usenet newsgroups, file transfers via ftp, internet relay chat, interactive games and browsing of the world wide web. Member agrees not to use to the service to operate server programs, including, but not limited to mail servers, IRC servers, ftp servers or web servers. Member further agrees not to use the service on a standby or inactive basis in order to maintain a connection. Automated electronic or mechanical processes employed to maintain a constant connection such as use of an auto-dialer, persistent checking of e-mail or "pinging" the host are expressly prohibited. Member may contract for dedicated line service if the use of server programs or a continuous connection is desired. Member agrees that KC Online may terminate member's connection following twenty (20) minutes of inactivity as determined by KC Online. KC Online will allocate system resources to provide the best possible service to all members. KC Online reserves the right to limit, restrict or prioritize access to system resources, including cpu time, memory and disk space and is not responsible for degradation of service from phenomena such as so-called "Line-Noise" interference and other causes beyond the reasonable control of KC Online.

18. Member recognizes that this Agreement continues only for so long as the parties' mutually agree to continue it. Either Member or KC Online may terminate the Agreement and Member's Membership at any time for any reason or no reason. KC Online may also restrict, suspend or terminate, without notice, Member's access to and use of the service upon any breach of this Agreement. In the event of any termination for breach of this Agreement, Member shall not establish a new membership with KC Online for one year from the date of termination. Member's only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of KC Online in operating the service, any change in the content of the service, or any change in the amount or type of fees charged in connection with the service, is to terminate Membership by delivering notice to KC Online, effective the day KC Online receives notification of termination or any future date specified which is acceptable to KC Online. Upon termination of this Agreement, Member shall have no right (a) to obtain any credit(s) otherwise due to Member, and such credit(s) will be forfeited, (b) to access through KC Online any materials stored on the Internet or (c) to access any third-party providers of services, merchandise or information on the Internet through KC Online, and KC Online shall have no responsibility to notify such third-party providers nor shall KC Online have any responsibility for any damages that result from the lack of such notification.

19. Upon request of KC Online, Member agrees to defend, indemnify and hold harmless KC Online, its officers, directors, employees, agents and licensees, from any claims and expenses, including reasonable attorneys fees, arising out of or relating to Member's use of the service.

20. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Indiana. Member consents to personal jurisdiction in the federal and state courts of Kosciusko County, Indiana for any action arising out of or relating to member's use of the service. The federal and state courts of Kosciusko County, Indiana shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by KC Online.

21. This Agreement constitutes the entire agreement between you and KC Online with respect to the service and supersedes all prior agreements between you and KC Online. KC Online's failure to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

22. Use of KC Online services constitutes agreement to these terms.

Updated: 07/09/04