Craw-Kan Downloads

This agreement is between Craw-Kan Telephone Cooperative, Inc. (Craw-Kan ISP) and the person subscribing to Craw-Kan’s Dialup, DSL, Wireless Internet (Customer). It is effective regardless of signature or return by Customer upon the first instance of: Customer use of any services available to you by Craw-Kan ISP, receipt by Craw-Kan of customer fees, or receipt by Craw-Kan of agreement signed by customer.

Customer represents and warrants that he/she is 18 years of age or older.

Customer is responsible for choosing a password which reasonably protects their account. Craw-Kan ISP is not responsible for charges or damages resulting from misuse of an account, including unauthorized use by another party. Customer is responsible for any and all charges and damages resulting from misuse of their account, including consequential damages.

If any part of this Agreement is unacceptable to customer, customer must immediately terminate any Craw-Kan ISP account you currently have, or seek to have, with Craw-Kan.

To contact Craw-Kan ISP or if you have specific questions about this Agreement, please contact our customer service department at 620-724-8235.

Restrictions on Use

Customer may use the services for lawful purposes only and all uses by Customer of the services shall comply with all local, state and federal laws as well as all rights, obligations, limitations or other interests of any third entity.

Members are precluded from doing any of the following activities:

(a) Conducting or soliciting any business or activity that is prohibited by law or any business or activity that is harmful to minors in any way - this includes, but is not limited to, transmitting, hosting, or storing copyrighted material or software, without the permission of the owner of the copyrighted material or software, libelous or slanderous material, material protected as a trade secret, material determined to be threatening or obscene, and posting or transmitting anything constituting or encouraging conduct that would constitute a criminal offense, giving rise to civil liability, or otherwise violating any local, state, national or international law, including without limitation the U.S. export control laws and regulations;

(b) Spamming - this includes, but is not limited to, sending unsolicited mass e-mailings, using a ISP account or using an e-mail address hosted anywhere on Craw-Kan ISP's server as a mail drop for responses, and using of (and/or appearing to use) the service for sending unwanted and unsolicited electronic e-mail's, messages, newsgroup postings, or any other digital or electronic communication to one or more unsolicited recipients;

(d) Running of internet servers - this includes, but is not limited to, muds, mushes, moos, ftp, web, and mail news;

(e) Hacking – breaching or attempting to breach the security of any network;

(f) Posting or transmitting any information or software which contains a virus, worm, cancel bot or other harmful component;

(g) Fraud and forgery - Forging any message or part of the message header/tracking data contained in any e-mail, incorporating a false subject line, false return address or false transmission path into any e-mail sent using Craw-Kan ISP's service, or fraudulently representing products/services using your account; Conducting e-mail scams such as pyramid promotional schemes;

(h) Abusing or fraudulently using the Service in any way not specifically set forth above;

(i) Impersonating any person or entity, including, but not limited to, a Craw-Kan ISP employee or falsely stating or otherwise misrepresenting your affiliation with a person or entity; and

(j) Facilitating, aiding, or encouraging any of the above activities.

Use of the services is subject to any existing local, state, or federal regulations and any future changes in those regulations.

Craw-Kan ISP reserves the right to terminate an account at any time, in its sole discretion, for any reason.

In the event customer desires to terminate service, customer shall contact customer service for termination of service. It is the sole responsibility of the Customer to verify the cancellation of their account.

Failure to use the service provided does not constitute a justification for refund under any circumstance.

Privacy/Security

Craw-Kan ISP reserves the right to resolve system problems using means necessary to ensure proper functioning of the system.

Craw-Kan ISP reserves the right to log any and all data for statistical purposes.

Craw-Kan ISP does not guarantee the security or integrity of any data on the system including that transmitted using secure servers.

Craw-Kan ISP assumes no liability for the loss of private or confidential material.

Disclaimer and Limitation of Liability

It is customer’s responsibility to make sure that a local number is being dialed to access Craw-Kan ISP's service by confirming the number is toll free. Craw-Kan ISP will not be responsible for Customer’s long distance bills for any reason.

Customer assumes total responsibility and risk for Customer's use of the Services and the Internet.

The services are 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 Craw-Kan ISP, its affiliates or its contractors or their respective employees shall create a warranty.

Since the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people, Customer accesses such materials at Customer's own risk. Craw-Kan ISP has no control over and accepts no responsibility whatsoever for such materials.

Craw-Kan ISP does not warrant 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 Craw-Kan ISP, be liable for any direct, indirect, incidental, special, punitive or consequential damages, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, delay, non-deliveries, mis-deliveries, or service interruptions, that result in any way from Customer's use of or inability to use the service or to access the internet or any part thereof, or Customer's 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.

Craw-Kan ISP has no obligation to the Customer to monitor the service. However, Customer agrees that Craw-Kan ISP has the right to monitor the Service electronically for statistical, security, or maintenance purposes, and further has the right to disclose any information as necessary to satisfy any law, regulation or other governmental request.

Craw-Kan ISP 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.

Customer agrees to indemnify and hold Craw-Kan ISP harmless from any claims or damages, including attorney's fees, arising from or out of Customer's use or misuse of the services, which use or misuse includes, but is not limited to, use or transmittal of information or material deemed obscene, threatening, or otherwise illegal. This indemnification and hold harmless provision shall survive and be in full force and effect subsequent to the cancellation or cancellation of this Agreement.

Craw-Kan ISP is not responsible for loss of income, use, or information as a result of using Craw-Kan ISP as an Internet Service Provider.

Customer and Craw-Kan ISP agree that the law of State of Kansas, U.S.A. will apply to all matters relating to this Agreement.

Customer and Craw-Kan ISP agree and consent that the courts of Crawford County, Kansas, U.S.A. will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to this Agreement or to the services provided hereunder.