Knology provides Internet access and information services (collectively, the "Service") subject to your compliance with the terms and conditions below.
Please read this agreement carefully before continuing access to the service. By accessing the service, you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you may not access or use the service.
You understand that Member accounts are for individual use only. Member shall maintain a secure password and take reasonable measures to prevent the unauthorized use of Member's password. Subject to all restrictions on the usage of software, multiple members of the same household may share a single password. However, only one person is authorized to access the account at any given time on one username/password. A charge equal to the monthly service fee may be charged for additional concurrent login sessions within a billing period. Member accounts are not for commercial/business use, Knology offers expanded business accounts for commercial use. Knology reserves the right to convert any Member account involving commercial activities to a business account.
You understand and agree to follow the guidelines of network etiquette "netiquette" (for reference to these guidelines please read the following document RFC1855. You understand that you shall disconnect from the Network Service in the event your connection is to be idle for fifteen (15) minutes.
Knology reserves the right to terminate an idle connection if it exceeds fifteen (15) minutes. You agree to not to use any automatic method to avoid inactivity disconnect, and to keep the connection active only when you are actively using it. Knology reserves the right to monitor usage for inactivity and/or "stay online" programs. You understand that Knology can at any time disable an accounts ability to access the Service if abuse of this or any other type is brought to our attention through monitoring or logging of session activities. You understand that you may access both Knology and the Internet in general through the Service. You understand further that, except for information, products or services clearly identified as being supplied by Knology, neither Knology nor any of its affiliates, operates or controls any information, products or services on the Internet in any way and that, except for such Knology identified information, products or services, all merchandise, information and services offered or made available or accessible through Knology or on the Internet generally are offered or made available or accessible by third parties who are not affiliated with Knology or its affiliates. You assume total responsibility and risk for your use of Knology and the Internet. Neither Knology nor its affiliates make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information or service provided through Knology or on the Internet generally, and they shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. it is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise, provided through Knology or on the Internet generally.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. Access such materials at your own risk. Knology has no control over and accepts no responsibility whatsoever for such materials.
Data may only be stored in your home directory. Use of other disk space is prohibited except by Knology system programs making temporary use of the public temporary storage areas. A quota of 5 megabyte of disk space is allocated to each personal web space. If the disk quota is exceeded, a fee of $5.00 per megabyte per month will be billed to the respective account for the billing period during which the disk quota is exceeded. User web pages are for personal use only. User web pages cannot advertise, promote, or sell products. Users that want to advertise products must be on a "Business Plan". For Information on "Business Plans" or "Web Hosting" call Knology at (334)899-3333 or (334)699-3333. Commercial posting to non-commercial newsgroups or postings which are directed to inappropriate, unrelated, or more than 20 groups is prohibited. Unsolicited Email of any kind (SPAM) is prohibited. Sending email to more than 10 email addresses at once is considered excessive. Knology reserves the right to disable, or delete an account due to complaints issued against a user regarding "SPAM" "UCE" (Unsolicited Commercial Email), "UE" (Unsolicited Email) or any type of harassment through email communications or indirect communication including, but not limited to, WebPages or Usenet postings.
The service is provided on an "As Is" and "As Available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. no advice or information given by Knology, its affiliates or its contractors or their respective employees shall create a warranty. neither Knology nor its affiliates warrants that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.
Under no circumstances shall Knology, its affiliates or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from your use of or inability to use the service or to access the Internet or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance.
If you are dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of Knology in operating the Service, your sole and exclusive remedy is to discontinue using the Service.
If you wish to make purchases on the Service, you may be asked by the merchant or information or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Service for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Service.
While using the Service, you may not: Restrict or inhibit any other user fromusing and enjoying the Internet.
Knology has no obligation to monitor the Service. However, you agree that Knology has the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. Knology will not intentionally monitor or disclose any private electronic-mail message unless required by law. Knology reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
Payment for the use of the Network Service shall be made in advance for each month's service. Knology bills on the 1st of each month. Monthly service charges for canceled accounts will not be prorated. A delinquent account is one that remains unpaid after the tenth (10th) day of the current month. Accounts that are delinquent may be put on "Accounting Hold" and can not be used. In order to remove an account from Accounting Hold, Member must pay the delinquent amount in full plus an interest charge on the delinquent amount as set forth below and a ten (10) dollar reconnect fee. Accounts that are unpaid for two accounting cycles automatically will have their files purged. Knology accounts continue to accrue monthly service charges while they are on Accounting Hold. Accounts that have been deleted from the system due to non payment will be subject to the normal setup fees for a new account. An interest charge of 1 1/2% per month (18% per year), or the maximum allowed by applicable law, whichever is less, may be charged on all delinquent amounts until paid in full. Member agrees to pay all costs of collection, including court costs and attorney's fees, that Knology may incur in collecting Member's delinquent account. If the account is paid by check and a check is returned unpaid, the account will be subject to a returned check fee of $25.00 and will immediately be placed on "Accounting Hold".
You understand that you may cancel the account upon written notice received by Knology in its main office by e-mail, voice, or regular mail at least five (5) days prior to the 1st day of the next accounting cycle. Cancellation of the account does not relieve you of responsibility for any past due amounts owed at the time of cancellation. Upon cancellation of an account, your directories on any of Knology's servers and any data stored thereon will be purged. It is your sole responsibility to ensure that all data is retrieved from your home directory prior to cancellation of the account. Knology reserves the right in its sole discretion to suspend or terminate Member's account at any time without prior notice. Termination or cancellation of the account by either party shall not act as a waiver of any breach of the Agreement and shall not act as a release of either party from any liability for breach of such party's obligations under the Agreement. You understand that Knology reserves the right to disable, cancel and/or delete your account without prior notice due to any abuse and/or violation of any terms stated in this document incurred directly or indirectly by you or any person using your account.
Knology may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Knology in its sole discretion believes violates any of the terms and conditions in this Agreement. If Knology denies you access to the Service because of such a violation, you shall have no right (1) to access through Knology any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to you, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through Knology, and Knology shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
You agree to defend, indemnify and hold Knology and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of this Agreement by you or authorized users of your account, or in connection with the use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you or authorized users of your account.
In the event that any portion of this Agreement is held to be 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.
Knology's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
Knology may modify this Agreement from time to time by placing a notice of such modification in the "What's New" and/or the "Member Services" area and/or through email and/or marking as "updated" on the Knology main web page http://www.graceba.net , and your continued use of the Service following notice of such modification shall be deemed to be your acceptance of any such modification. It is your responsibility to check the "What's New" area, the "Member Services" area, the main Knology web page and your email regularly to determine whether this Agreement has been modified. If you do not agree to any modification of this Agreement, you must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
This Agreement constitutes the entire agreement between you and Knology with respect to the Service.