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Terms & Conditions

Terms and Conditions

Thursday, 03 February 2011 11:49 Last Updated on Wednesday, 09 February 2011 00:56 Written by Administrator
General
For the purposes of this agreement KCI is KC Internet Ltd (KCI) and the Subscriber is the user of KCI's services.

1Credits Payments are not deemed valid unless paid by direct bank-to-bank credit or until payment has been verified (max 3 working days if paying by cheque).

2Copyright KCI explicity acknowledges subscriber ownership of copyright on original subscriber generated information in accordance with International law.

3Censorship and "Open Mic" Policy KCI supports subscriber rights to free speech and will not limit or halt the subscriber transmission of data except under the extreme circumstances denoted in Account Suspension and occurrences of libelous or harassing speech.

4Term Service supply begins as and when KCI receives back a signed contract with first payment or confirms acceptance of subscriber application form accompanied by payment of the designated setup and subscription costs specified in the application form and shall remain in force until either KCI or the subscriber gives at least 1 month's notice to the other in writing/email of intent to end subject to that intent not contradicting any agreed/contracted term.

5Prices do not include GST nor software license fees. Any software that is provided by KCI to give service access remains the property of the software's owners and the subscriber is responsible for any fees or donations asked for by the software's owner(s).

6Payment Lacking payment to KCI as per the agreement KCI reserves the right unless otherwise stated in contractual or application form agreement to cancel services to KCI with notice of 1 working day.

7Applicable Parties: Agreements are non-transferable.

8Applicable Law Agreements and the relationships between the parties shall be governed by the Laws of New Zealand.

9Warranty KCI warrants that its communications software conforms to established telecommunications industry protocols and will be compatible with most off-the-shelf consumer communcations software. KCI disclaims any express or implied warranty with respect to the performance, capacity, merchantablity, or other compatibility issues of its hardware and software products and services.

10Indemnification The subscriber assumes liability for and hereafter agrees to hold harmless KCI, its employees, agents, officers and directors from all claims for lost profits, punitive or other adjudicated damages, expenses, including reasonable attorney's fees, incurred during interoperation with any computer or network linked via Internet Protocol with KCI. KCI does NOT WARRANT that access will be without interruptions or errors unless otherwise specified in contractual or application form agreements.

11Changes KCI reserves the right to change these terms and conditions by notifying the subscriber at least one month in advance of the date such changes become effective. KCI pledges to supply Internet Services as specified by the signed application form and/or signed contractual agreement subject to the provisos listed in this document and other contractual agreements and to act in good faith to the the subscriber.

12Account suspension In the event of subscriber failure to maintain a verified positive credit or of any other breach of this and other agreements and conditions of service by the subscriber KCI will attempt to notifiy the Customer by email of pending suspension of connection privileges after which at KCI's discretion the account will be locked the data therein frozen, and incoming mail archived. If the suspension was due to an unpaid debt upon payment of 100% of the account type original setup fee and other outstanding charges Customer's account will be reinstated. If after 1 working day subscriber debt has not been paid in full plus other outstanding charges the subscriber's account may at KCI's discretion be purged.

Listed below are specific antisocial behaviors that are always prohibited and will be reason for account suspension and non-renewal while using KCI's hardware or software. KCI will render the final decision in any dispute regarding the appropriateness of any message sent using its hardware or software. Any physical evidence of the following activities may result in immediate account suspension and non-renewal without prior warning.

Download material which is illegal in New Zealand. Upload material which is illegal in the country of destination. Distribute copyrighted material without the permission of the author(s). Violate import/export restrictions of any country when transferring materials. Attempt or try to attempt to access other computers illegally or without permission. Post commercial advertisements except in places specifically intended for that purpose. Post any messages that contravene the Human Rights Act. Ignore warnings from systems administrators that their actions contravene KCI's Conditions of Use and/or contractual agreement. Carry out or attempt to carry out impersonation, misrepresentation of identity, forgery of mail or news headers, or other substitution of identifying marks, or the deliberate propagation of information known to be inaccurate or untrue for fraudulent or illegal purposes. Sending signals or large amounts of data to KCI or to any other attached machine or service which causes a temporary or permanent stoppage of KCI's machines or any other attached machine or services. Sending inappropriate messages or articles to any newsgroup, mailing list, or other public or private discussion forum. Attempting to access, or accessing. computer programs, files or records, network packets or other transmissions belonging to other users, or similar system resources not specifically assigned to the subscriber by the local KCI.

The subscribers shall follow the rules/guidelines outlined in this and other attached documents that relate to the particular service subscribed to and act in good faith to KCI.