Kalona Cooperative Telephone Company

KCTC DSL -- TERMS OF SERVICE (TOS)

Kalona Cooperative Telephone Company, here referred to as KCTC, agrees to provide an Internet connection to those persons or entities that have signed the KCTC DSL Service Request. The monthly fee for DSL service, here referred to as Monthly Fee, varies upon the connection speed agreed upon in the KCTC DSL Service Request form. Those persons or entities, here referred to as "customer," are subject to the following terms and conditions:

DSL Service
KCTC shall provide and maintain at its expense one DSL data line connecting customer's Ethernet local-area-network located at customer's premises to KCTC's nearest routing hub. KCTC shall provide best-effort routing of Internet protocol network traffic between customer's site and the Internet. This service is understood to be subject to the fallibility of telecommunications technology and electrical utility service, over which circumstances KCTC has no control.

Standard Services
KCTC shall provide email accounts and Internet protocol addresses to be assigned to users and devices at the customer's discretion.
KCTC shall provide web hosting for the customer's primary web site with a reasonable amount of storage and data transfer traffic per month. If the customer exceeds the base allocation, KCTC shall charge an additional hosting fee.
KCTC does not regulate or filter Internet content.
KCTC reserves the unilateral, exclusive right to terminate Internet services to the customer if its users abuse the KCTC Internet Terms of Service (found at: http://www.kctc.net/welcome/notices/itos.html ) which is made part of this agreement. KCTC reserves the right to amend its TOS from time to time. The TOS shall include terms regarding, but not be limited to: spam of any kind, excessive cross-posting of articles to multiple newsgroups, the posting of off-topic articles, the excessive use of incendiary language, or any actions which result in mass public complaint, as determined by KCTC at its complete discretion. In the event that KCTC terminates the customer's account under this clause, a termination fee will be added to the customer's final bill.

Services upon Request
If requested, KCTC shall provide and maintain Internet-standard primary Domain Name Service (DNS) on the customer's behalf. This DNS is provided through the network of name servers maintained and administered through the DNS network.
If requested, KCTC shall provide the customer with assistance in the completion and filing of any paperwork required for registering additional domain names within any appropriate Top-Level Domain available through the DNS network. KCTC assumes no responsibility and no liability for the outcome of such assistance.

Term, Payment, and Delivery
This contract is effective upon KCTC's receipt of the customer's signed DSL Service Request. A one-time setup fee of $249.00 will be posted to your KCTC telephone bill. If this contract is executed for 2 years, the setup fee will be reduced to $99.00 If this contract is executed for 1 year, the setup fee will be reduced to $149.00
Approximately two to three weeks will elapse while the involved utility companies configure data service to the customer's site. When that is completed, KCTC shall deliver preconfigured hardware to the customer's site, the cost of which is $229.00. Internet routing service begins upon delivery, and the first full Monthly Fee is due and payable at that time. Subsequent payments of Monthly Fee are due and payable prior to each month of service thereafter.
The service fee shall remain fixed at Monthly Fee per month for the duration of this agreement, unless KCTC incurs an increase in the externally-imposed expenses of providing service or the customer exceeds the data traffic allocation. In the event of such a change, KCTC shall provide documentation and thirty (30) days of continued service during which the customer must either accept an increase in fees or terminate this agreement.

Hold Policy
A business or residential customer of KCTC DSL can put their account on hold for a fee of $10 per month with the understanding that this time of inactivity will not count toward the initial contract term.
A DSL customer can place their account on hold for a minimum of 2 months and a maximum of 5 months. A business or residential customer will only be allowed to put their account on hold under this policy once per year. When the account is reactivated a $15.00 charge will also be applied to the customer's KCTC bill. Prorated amounts will not be calculated or credited during the months in which the account is placed on hold.

Late Payment
In the event that a payment required under this agreement is not made within twenty-four days of its due date, KCTC shall have the option to terminate this agreement, suspend Internet routing service, and pursue any legal remedy to collect the balance of money owed.

Access
To the extent that physical access is needed by KCTC to the customer's premises for installation, maintenance, or removal of equipment, the customer warrants that such access shall be provided during reasonable hours to KCTC and its agents.

Termination
KCTC reserves the right to terminate this contract immediately if the customer uses the provided connection to the Internet in the commission of any crimes, or engages in any offenses against the KCTC Acceptable Use Policy.
We do not allow down-stream resale of Internet connections by sites which we connect (the service connected at a location is intended for use at that location only). If KCTC becomes aware that customer is in violation of this clause, KCTC shall provide a fifteen day written notice to customer to desist. If customer fails to remedy its use pursuant to such written notice, KCTC shall be entitled to terminate this agreement.
This agreement shall be in effect for the initial term (agreed upon in the DSL Service Request form) from the date Internet routing service commences, and will continue thereafter unless terminated upon thirty (30) days written notice by either party. Termination before the completion of the initial contract term (agreed upon in the DSL Service Request form) will result in either a $100 fee or a payment of $25 for each month remaining on the DSL Service Request Form (whichever is greater) to be included in the customer's next bill. KCTC will disconnect service on the same day of the month on which the service was initially connected. Disconnection by reason of moving out of the KCTC exchange is subject to terms available upon request at disconnection. Any payments due to KCTC under this agreement at the time of termination of this agreement, for whatever reason of termination, shall be paid by customer immediately.
At the time of a service disconection all rental equipment must be returned to KCTC within 30 days of disconnection. Customers will be billed for the full cost of any rental equipment not returned to KCTC.

General Terms
KCTC makes no representation, guarantee or warranty, express or implied, regarding the suitability of its services to any purpose including but not limited to delivery of data or documents, reliable or timely delivery of data or documents, preservation of data or documents, storage of data or documents or retrieval of data or documents. Further, KCTC shall have no responsibility or liability of any kind for any claims, losses or damages resulting from customer's use of KCTC's services.
To the extent that any service provided herein is impacted by state or federal regulation, terms of this contract would be adjusted, if need be, to conform to such regulation. Customer at its sole cost and expense agrees to pay all fees and taxes of any kind imposed by the Federal Government, State, or any local body against the charges or use of this service. The parties signing the DSL Service Request form understand that this is a contract the terms and provisions of which are binding on each party and may be enforceable in a court of law. Any provision that is determined by law to be unenforceable or illegal shall be severed from this contract and all other terms remain in full force and effect. This agreement shall be deemed to be made and subject to performance in the State of Iowa and shall be governed by Iowa law.
The individuals signing the DSL Service Request form on behalf of KCTC and on behalf of customer warrant and represent that each has the authority in his or her capacity to enter into this agreement. This agreement shall be binding upon the successors, heirs, personal representatives, and assigns of the undersigned. The terms of this agreement may be modified at any time without prior notification by KCTC.

KCTC Internet Terms of Service (TOS)

KCTC Internet Service Agreement