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Internet Usage Policy


Use of the AKCNet Internet Access Service implies agreement to these terms and conditions of acceptable use.

AKC Computer Services Corp. will provide Internet access services (the services) to its account holder (the User) in exchange for the payment of fees and compliance with the terms and conditions of this agreement. Noncompliance with this agreement will result in immediate suspension or termination of services, and the forfeiture by the User of all fees paid.

AKC Computer Services Corp. will invoice on a major credit card or Debit Card displaying a credit card logo for the services in advance of the monthly service period. Payment is due prior to services being rendered. If payment is not received within terms, use of the services may be suspended without notice until payment is received. Any unauthorized transaction  by the Bank will be subject to a $25 fee.

For individual access accounts, the User agrees that a User's account will not be used or shared by any other individual except family members, if the individual access account is used as a residential access account. The AKCNet User ID and password will not be distributed, disclosed, or used by any other individual; nor will the User use another User's AKCNet User ID and password to access the services.

The User agrees to use the services in a manner permitted by applicable local, state and Federal laws. The User understands that the unauthorized use or access of any computer network is illegal and may be punishable by fines or imprisonment or both under state and Federal laws. The User shall not use the services for fraudulent or illegal activity or to communicate any text, data, graphics, messages, communications files, or other information in any form which is related to illegal activity or is scandalous, defamatory, obscene, immoral, or in violation of another's rights, including, but not limited to, copyrights, trade secrets and privacy. The User agrees to comply with the rules and regulations of any other system either directly or indirectly connected to the AKCNet network. AKC Computer Services Corp. reserves the right to remove or block out any information in violation of this agreement.

The User understands and agrees that AKC Computer Services Corp. has no obligation to preserve or protect any rights which the User may have in any information placed on AKC's network, and AKC Computer Services Corp. shall not be responsible for backing up information placed on AKC's network.

The User uses the services and any information obtained by using the services at User's risk. AKC Computer Services Corp. and its connection provider make no warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to the use or provision of the services. AKC Computer Services Corp. and its connection provider shall not be responsible for the accuracy or quality of information obtained or data transmitted through use of the service. AKC Computer Services Corp. makes no representation or warranty, either express or implied, that access to its services shall be uninterrupted, or that there will be no failures in transmission of information, or loss of information. The User's sole recourse in the event of User dissatisfaction shall be against AKC Computer Services Corp.

AKC Computer Services Corp. and/or its connection provider shall not be liable to the User for any damage arising out of any event that is out of the control of AKC Computer Services Corp. and/or its connection provider. AKC Computer Services Corp. and/or its connection provider shall not be liable to the User for any indirect, special, incidental, exemplary, consequential or other form of money damages, including but not limited to lost profit or damages for the loss of data or information, delay, nondelivery or misdelivery or service interruption of any kind, however caused, arising out of or in connection with the use or the provision of the use of the services, whether based in contract, tort, or any other legal theory, and whether or not AKC Computer Services Corp. and/or its connection provider has been made aware of the possibility of those damages. In no event shall AKC Computer Services Corp. and/or its connection provider be liable to the User for any amount in excess of a refund of amounts actually paid by the User to AKC Computer Services Corp..

The User shall indemnify and hold harmless AKC Computer Services Corp. and its connection provider against any and all claims, liabilities, damages, and costs, including attorney's fees, that arise in any way from the User's use of the services.

The User agrees that any data and/or software which is proprietary to AKC Computer Services Corp. shall be treated as confidential information. The User shall not transfer, nor allow to be transferred, to any person or entity any AKCNet proprietary data. The User shall not remove or copy from the AKC Computer Services Corp. network all or any part of any software system comprising the AKC Computer Services Corp. network.

AKC Computer Services Corp. shall not be responsible in any way for any hardware or software required or used by the User to access, communicate with, or upload or download information from the AKC Computer Services Corp. network. AKC Computer Services Corp. shall not be responsible in any way for the telecommunication cost of accessing its network or services.

The User will not knowingly cause or permit material disruptions of or interference with network systems, users, services, or equipment. AKC Computer Services Corp. reserves the right to terminate, with notice, any processes which consume excessive processor time or memory.

The User will not transmit unsolicited advertisements, e-mail, or postings to Usenet newsgroups (otherwise known as ``spam") unless: a) in the case of e-mail, the transmission has been explicitly requested by an individual, or b) the Usenet newsgroup charter permits commercial advertising. A User violating this rule will be warned following the first offense and, at AKCNet's discretion, may have his or her account terminated following the second offense.

The User understands and agrees that the services may provide access to material that is inappropriate for minors. The User has full responsibility for their use of these services and any access that may be obtained through the use of AKC Computer Services Corp.'s services. The User understands and agrees that AKC Computer Services Corp. is not responsible for monitoring the content of information accessed through the services.

This agreement shall be subject to and construed in accordance with New Jersey law. Any action based in whole or in part on this agreement must be brought in a New Jersey court of competent jurisdiction. If any provision of this agreement is determined to be invalid or unenforceable, the remainder of the agreement shall not be affected and shall remain in effect.

This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings with respect to the same subject matter. This agreement may not be modified by, and shall supersede any additional or contradictory term or condition of, any current or future purchase order from the User, unless AKC Computer Services Corp. expressly agrees otherwise in writing. No amendment or modification of this agreement shall be effective unless in writing and signed by both parties.

 


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