KUA.net offers its subscribers the means to distribute, acquire and disseminate a wealth of information. KUA.net wants its subscribers to be fully informed of their rights and obligations, as well as those of KUA.net when subscribing to the KUA.net service. This Acceptable Usage Policy is intended for all subscribers of KUA.net, and to clearly communicate the rights, responsibilities and obligations of both KUA.net and its subscribers.

KUA.net does not monitor, verify, warrant or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet can be harmful, both in content and quality.

KUA.net therefore cannot be held responsible for injury to its subscribers resulting from material acquired from the Internet. When subscribers post information to the Internet, they have a responsibility to exercise proper judgment concerning the content and quality of the information being posted to the Internet.

KUA.net services are only to be used for lawful purposes. Customers may not transmit, retransmit or store material in violation of any federal or state laws or regulations, including, but not limited to, obscenity, indecency, defamation or material infringing trademarks or copyrights. KUA.net customers may not abuse or fraudulently use KUA.net’s products and services, nor allow nor permit such use by others. The following activities illustrate some, but not all, prohibited uses under this AUP:

Child Pornography: It is illegal under Federal child exploitation statutes to possess, produce, receive, transport or distribute by any means, including computer, visual depictions of "sexual intercourse" and/or "sexually explicit conduct" involving children.
Denial of Service: Engaging in any activity that will interfere or attempt to interfere with the service of any other user, host or network on the Internet.
Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage or annoyance to persons, data, and/or computer systems.
Forging Headers/Packets: Forging, spoofing, or misrepresenting any message header or packet in part or whole, of any electronic transmission, originating or passing through the KUA.net network infrastructure with intent to conceal its origin.
Email Spamming or Mailbombing: The transmitting of unsolicited Email to multiple recipients, sending Email repeatedly to a person to harass or threaten, or any attempt to use KUA.net servers as a mail drop or name server for SPAM. Sending unsolicited bulk Email from another Internet service provider's network advertising or implicating KUA.net, including without limitation, Email, web, FTP and DNS services.
Fraudulent Activities: Fraud is an intentional misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it, or, obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Illegal or Unauthorized Access to Other Computers, Accounts, or Networks: Accessing, or attempting to access, any computer resource belonging to another party, or attempting to penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Network Sabotage: Any use of KUA.net products and services to interfere with the use of Internet resources or the KUA.net network by other customers or end-users.
Unlawful Acts: Any use of KUA.net products and services to violate the law or in aid of any unlawful act including but not limited to domestic or foreign terrorist acts.
Usenet Spamming: Posting of messages to newsgroups that are irrelevant, blanket posting of messages to multiple newsgroups, and the posting of harassing and/or threatening messages.
Facilitating a Violation of this AUP: Advertising, transmitting, using or otherwise making available any software, program, product, or service that is designed to violate this AUP which includes, but is not limited to, the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, port scanning, packet sniffing, and piracy of software.
Web Server/Services: The operation of a Web server regardless of the assigned port. The operation of FTP services with intent to distribute or acquire copyrighted or pirated material.
 

Subscribers understand that KUA.net reserves the right to suspend or refuse service to anyone for any reason, especially for the reasons listed above. KUA.net further reserves the right to collect damages from violators of the Acceptable Usage Policy at the rate of $300 per incident or 10 cents for each item sent per mailing, whichever is greater.

Subscribers understand that there may be times in which any or all of the KUA.net services may not be available to all of the KUA.net subscribers all of the time for a variety of reasons. Therefore, KUA.net will not be held responsible for any damage caused by any interruption of any services KUA.net offers to its subscribers. KUA.net also reserves the right to modify this agreement from time to time to more accurately represent the best interest of KUA.net and its subscribers.

KUA.net also advises dial up subscribers that our unlimited accounts are not intended for fulltime dedicated access. The subscriber is allowed to use the account for up to 150 hours per month. KUA.net reserves the right to place limits on the amount of "idle" time users spend on the system as well as the total amount of time users spend on line. In cases of monthly use over 150 hours, KUA.net reserves the right to charge the subscriber at the rate of one dollar ($1.00) per hour for the time used over 150 hours per month, or to convert the dial up account to a dedicated account where dedicated accounts are available.

Server processes (i.e. web servers, mail servers, DNS servers, etc.) are not allowed on any dial up connection. KUA reserves the right to use any technical means to enforce these rules, including, but not limited to, automated monitoring programs, packet filters, or manual monitoring.

Violations and Enforcement
At KUA.net's sole discretion, violations of any element of this AUP may result in a warning to the offender followed by suspension or termination of service if the customer does not cease the violation. If KUA.net deems it necessary or prudent, it may immediately suspend or terminate service with or without notice if KUA.net determines that a violation of the AUP has occurred. Repeated offenses will result in immediate termination of service. KUA.net is not liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from KUA.net exercising its rights under this AUP. KUA.net has no practical ability to monitor all conduct, communications, or content that might violate this AUP prior to its transmission over the KUA.net network but may do so at its discretion. Therefore, KUA.net does not assume liability for any party's violation of the AUP or failure to terminate a customer's violation. Continued usage of KUA.net implies acceptance of this acceptable usage policy.

Termination Policy
KUA.net will not assume that a customer’s account should be cancelled due to inactivity, non-payment or moving to a new address. It is the customer’s responsibility to inform KUA.net of cancellation either by phone or by emailing us at cancel@kua.net. If emailing, customers must include their name, address, account number and a phone number where they can be reached. KUA.net will attempt to confirm cancellation by telephone.  Good faith attempts will be made to contact the customer by phone, but if KUA.net is unable to reach the customer within fifteen (15) days of the original emailed cancellation request, the account will be deemed officially cancelled and will be closed, effective at close of business on the fifteenth (15^th) day after receipt of the emailed cancellation request. This policy only applies to emails actually received by KUA.net.  Customer bears any and all risk of faulty transmission of emailed cancellations.  No cancellation is effective unless KUA.net receives the cancellation request and has verifiable proof of such receipt.

Accounts that are cancelled within thirty (30) days of the initial sign-up date are entitled to a full refund. Accounts past thirty (30) days of the initial sign-up date are not entitled to any refund and will not be prorated.

Customers canceling prepaid accounts before the end of the prepaid term will lose any prepayment discount and will be charged the regular monthly rate up to the date of cancellation.

Cancellation of your account does not remove your responsibility to pay all charges up to the cancellation date. If payment is not made any outstanding balance will be submitted to a collections agency.