The Kingdom Connection (Merrill Information Systems, Inc.) offers Internet access and related services, including the hosting of Web Sites, through its system to its subscribers. The Kingdom Connection does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to The Kingdom Connection's services and use of its system. The Kingdom Connection may change these Terms of Service in the future upon notice published on-line or otherwise provided by The Kingdom Connection. BY USING THE KINGDOM CONNECTION'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM THE KINGDOM CONNECTION FROM TIME TO TIME. If the Terms of Service, The Kingdom Connection's services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Termination and Suspension" below.
The Kingdom Connection's system and services may only be used for lawful purposes and in a manner which The Kingdom Connection believes, in its sole discretion, to be consistent with the rights of other Kingdom Connection subscribers and third parties. While The Kingdom Connection is not responsible for the content of hosted Web Sites, content on all Kingdom Connection hosted Web Sites must comply with all laws and must not infringe the rights of any third party. The Kingdom Connection's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, The Kingdom Connection's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through The Kingdom Connection's system must comply with the rules for such other networks.
The services provided by The Kingdom Connection and The Kingdom Connection's system are expected to change from time to time. The Kingdom Connection reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections and system hardware and software.
A subscriber must pay fees per The Kingdom Connection's rate schedule in effect from time to time as a condition to obtaining access to The Kingdom Connection's services and system. A subscriber also must pay any sales, use or like taxes. The Kingdom Connection will bill users depending on their initial subscription date for the upcoming period.
If the payment method is by credit card, your card will be automatically billed based upon your subscription date, in advance for the upcoming period. Any credit card not honored by our bank will result in immediate suspension of Internet access until such time as your account is paid in full. A $15 reconnect fee for suspended accounts may be imposed at the discretion of The Kingdom Connection. If payment is by check, an invoice for your access fee for the coming period will be mailed or e-mailed. Payments not made on or prior to your renewal date will be considered delinquent and the account is subject to immediate suspension as outlined above. Any check returned by our bank will result in immediate suspension of Internet access until such time as your account is paid in full. A $15 reconnect fee for suspended accounts may be imposed at the discretion of The Kingdom Connection and a $25 returned check fee will be charged. Payments are non-refundable.
All users will be subject to billing for the current month and will, if applicable, be billed for any charges exceeding their allotted usage from the preceding month based on usage tracked by The Kingdom Connection. The above payment terms and billing cycles apply to all users.
Accounts that are ending will be closed after 12:01PM on the day that the account is due to end.
Either subscriber or The Kingdom Connection may, at its sole discretion, terminate the subscriber's account at any time with or without reason. The Kingdom Connection also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. The Kingdom Connection may delete all data, files or other information that is stored in subscriber's account of hosted Web Site upon termination. Provisions set forth below in the sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.
As a courtesy to subscribers, The Kingdom Connection has accumulated a library of software which is "shareware" or "freeware". The Kingdom Connection is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. THE KINGDOM CONNECTION MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. THE KINGDOM CONNECTION ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT THE KINGDOM CONNECTION MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST THE KINGDOM CONNECTION WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH THE KINGDOM CONNECTION.
USE OF THE KINGDOM CONNECTION'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. THE KINGDOM CONNECTION DOES NOT WARRENT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT THE KINGDOM CONNECTION'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES THE KINGDOM CONNECTION MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. THE KINGDOM CONNECTION'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL THE KINGDOM CONNECTION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, THE KINGDOM CONNECTION WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF THE KINGDOM CONNECTION'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH THE KINGDOM CONNECTION'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF THE KINGDOM CONNECTION TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO THE KINGDOM CONNECTION'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO THE KINGDOM CONNECTION DURING THE SIX MONTH PERIOD PRECEEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
The subscriber agrees to indemnify and hold harmless The Kingdom Connection, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.
Subscriber's account and right to use The Kingdom Connection's services and system is not transferable without The Kingdom Connection's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
The Kingdom Connection treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits The Kingdom Connection limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect The Kingdom Connection's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where The Kingdom Connection receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of The Kingdom Connection's system. In addition, although The Kingdom Connection has implemented certain security measures, The Kingdom Connection cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
Whenever you send electronic mail, your name and username are
included in each mail message. You are responsible for all electronic
mail originating from your username.
Therefore:
1) Forgery (or attempted forgery) of electronic mail messages
is prohibited.
2) Attempts to read, delete, copy, or modify the electronic mail
of other users are prohibited.
3) Attempts at sending harassing, obscene and/or other threatening
e-mail to another user is prohibited.
4) Harassing others by 'mail-bombing' or 'news-bombing' is prohibited.
'Mail-bombing' constitutes sending more than ten (10) similar
mail messages to the same email address. 'News bombing' constitutes
sending more than 6Mb of data to a newsgroup.
5) Attempts at sending unsolicited junk mail, "for profit"
messages, or chain letters is prohibited.
6) 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. 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.
7) Member acknowledges that he/she/it is expressly prohibited
from utilizing The Kingdom Connection's service, The Kingdom Connection's
equipment or any Kingdom Connection's electronic mail address
in connection with the sending of the same or substantially similar
unsolicited electronic mail message, whether commercial or not,
to a large number of recipients. This prohibition extends to the
sending of unsolicited mass mailings from another service which
in any way implicates the use of The Kingdom Connection's service,
The Kingdom Connection's equipment or any Kingdom Connection electronic
mail address.
1) Idle time may not be defeated by auto-generation of data to mimic user activity. The Kingdom Connection's systems are for interactive use only.
2) The Kingdom Connection allows no more than one dial-up connection from a subscriber account at a time.
3) The Kingdom Connection makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantibility or fitness of this service for a particular purpose. The Kingdom Connection takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, nondeliveries, mid-deliveries, or service interruptions caused by The Kingdom Connection's own negligence or your errors, and/ or commissions.
4) The services of The Kingdom Connection may only be used for lawful purposes. Transmission of material is subject to compliance with any applicable laws and regulations. This includes, but is not limited to: copyrighted material, threatening or obscene material, or material protected by trade secret. You agree to indemnify and hold harmless the Kingdom Connection from any claims resulting from your use of this service which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage.
5) If you use another organization's networks or computing resources, you are subject to their respective permission and usage policies. These policies relate to the use of such services as electronic mail, news postings, file transfers, Telnet or rlogin accesses, and World Wide Web server access.
6) Use of any information obtained via this service is at your own risk. The Kingdom Connection is not responsible for the accuracy, quality, or content of information obtained through our services.
7) All The Kingdom Connection services are for end-user use only and may not be resold to third parties without a seperate Reseller Agreement on file with The kingdom Connection.
1) Attempting to access the accounts of others, or attempting to penetrate security measures of The Kingdom Connection's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
2) Distributing viruses to or from The Kingdom Connection's systems.
3) Use of software or any device that would allow your account to stay logged on while you are not actively using The Kingdom Connection's services or use the account for the purpose of operating a server of any type.
4) Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
5) Engaging in any of the above activities using the service of another provider but channeling such activities through a Kingdom Connection account or re-mailer, or using a Kingdom Connection account as a mail drop for responses.
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of The Kingdom Connection. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Vermont without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.
Copyright © 2002-2005 The Kingdom Connection
All Rights Reserved - All prices subject to change.