KWOM Internet Service Agreement
ExpressDial Internet, Inc. doing business as KWOM Internet Services (hereinafter "KWOM") an Illinois Corporation hereby enters into the following agreement with any and all users of its facilities (hereinafter "user", "you" or "your"). As used herein, "user" includes all authorized users, all unauthorized users, and all entities on whose behalf any unauthorized user accesses KWOM's facilities. By use of KWOM facilities, user agrees to all provisions of this agreement.
USER
AGREEMENT
General
Information:
This
agreement is subject to change at any time and may be accessed by clicking
"Rules & Regulations" on the KWOM home page. User agrees to periodically
review the agreement for changes. If at any time a change is unacceptable
to you, you have the right to immediately cancel this agreement. However,
all fees and charges resulting from user's access to KWOM's facilities
up to and including the date of cancellation including but not limited
to any applicable internet access charge, CPU/system access charge, interest
charge, and/or legal fees are still due and payable. Your continued use
after contract changes have been taken effect constitutes acceptance of
all such changes.
User certifies they are at least 18 years of age and agrees to provide KWOM with accurate information. Failure to provide accurate information constitutes breach of contract and KWOM has the right to terminate access immediately. In addition to being subject to the terms of this agreement, unauthorized use or access to the Internet through KWOM is subject to criminal liabilities.
By
registering as an authorized user, you will choose a screen name and password.
You may not use a name that is already being used or a screen name that
KWOM finds offensive or inappropriate. No account may sign on simultaneously
using the same name and password. All users agree to submit to Illinois
jurisdiction and Illinois substantive law.
Any
unauthorized user, and any entity on whose behalf user accesses KWOM facilities,
hereby agrees to compensate KWOM at a rate of $10.00 for each minute or
fractional portion thereof of unauthorized access. "Unauthorized access"
includes, but is not limited to, connection time, plus all time that any
process originating (either directly or indirectly) from such unauthorized
user is pending on any computer, router, or other equipment owned or operated
by KWOM. In calculating process pending time, all time spent spooling,
queuing or otherwise resident in any way on KWOM's facilities will be included.
Furthermore,
any unauthorized user and any entity on whose behalf an unauthorized user
accesses KWOM facilities, hereby agrees to pay all costs connected with
the identification, services and collection including but not limited to
legal fees at a rate of $190.00 per hour.
Billing
Policy:
KWOM
offers three types of billing contracts: Monthly, Quarterly and Yearly.
Please call (630) 942-5940, for current rates or billing information. Each
authorized user is allowed unlimited access. Unlimited access means you
may sign on to our services as often as you wish and stay on-line as long
as you want providing you are active on the screen. Any account that is
idle for more than 20 minutes may have their connection terminated by KWOM
for that session. All accounts must have an active authorized credit card
which will be charged for services when due, without future notice, at
the billing interval you have chosen. Should an authorized user decide
to change his or her billing contract or discontinue service, it is the
authorized user's responsibility to contact KWOM for billing changes or
send written notification of intent to cancel 30 days prior to your cancellation
date.
If
KWOM does not receive payment in full from your card issuer or authorized
representative, user agrees to pay all amounts due upon demand or notice
from KWOM. Failure to pay your account when due will cause your on-line
access account to be terminated immediately.
Responsibilities:
User
is responsible for all charges associated with connecting to KWOM. You
agree that any telephone charges incurred are your responsibility. The
access number you choose will determine your local or long distance charges.
Check your access number to ensure you are using the nearest local number
available. Check with your local telephone company to determine what number
is best for your location.
User
agrees to use their connection for lawful purposes only. You may not use
or allow others to use KWOM facilities directly or indirectly to:
-
Transmit,
display, route or otherwise post any unlawful, harmful, threatening, harassing,
vulgar, defamatory, abusive, obscene, hateful or other objectionable content.
-
Harass,
threaten, embarrass or cause distress, unwanted attention or discomfort
to any other person or entity;
-
Post
or transmit or cause to be posted or transmitted chain letters or pyramid
schemes;
-
Post
or transmit or cause to be posted or transmitted any unsolicited advertising
promotional materials or other forms of solicitation to any individuals
or entities except in those areas that are specifically designated for
such a purpose or collect screen names of others without their permission;
-
Post
or transmit or cause to be posted or transmitted any communication or solicitation
designed or intended to obtain password, account or private financial information;
-
Intentionally
or unintentionally violate any applicable local, state, national, international
or foreign law including but not limited to any rules or regulations having
the force of law.
KWOM
offers users access to the Internet. The Internet is not owned, operated
or managed by KWOM or any of its affiliates. You agree that your internet
use is solely at your own risk and is subject to all applicable local,
state, national, international and foreign laws, rules and regulations.
KWOM,
its affiliates or telecommunications providers shall not be held responsible
or liable, either directly or indirectly, for any loss or damage caused
by or alleged to have been caused by your use of or reliance of any content,
goods or services available through the internet or your inability to access
the internet or any of its sights.
Furthermore,
user agrees that because KWOM does not have control over the Internet,
its content, or third party equipment, user agrees to hold KWOM harmless
of any damage caused by or in connection with the service it provides.
This includes but is not limited to denied access, solicitation, down time,
hardware or software problems.
Violation of
any rules set forth will result in Immediate Termination.
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