MEG: Terms and Conditions

TERMS AND CONDITIONS
Revised: APRIL 1, 2000

These Terms and Conditions supersede all previous representations, understandings or agreements. Use of Media Enterprise Group, Inc.'s (hereinafter "MEG" d.b.a. Kentucky-in-Touch™ hereinafter "KiT") services constitutes agreement to be bound by the Terms and Conditions as set forth herein. MEG reserves the right to change the rates and otherwise modify these Terms and Conditions at any time, with no prior notification. If a customer does not request service termination ten (10) days prior to the next billing date (Paragraph #9 below), it will be conclusively presumed that there is consent to abide by the terms, conditions and rates as set forth herein.

MEG exercises no control whatsoever over the content of the information passing through its equipment and, therefore, expressly disclaims any responsibility of any nature for the use of its equipment to access the Internet or retrieve information from it. MEG will not be responsible for any resulting damages. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or customer errors or omissions. If a customer is offended by certain language or expression of certain ideas, use of KiT's services constitutes acknowledgment that the customer has read this warning and will not hold MEG responsible for any language, thoughts, or discussion which may be part of information viewed on the Internet system. MEG makes no warranties of any kind, whether expressed or implied, for the service it is providing. MEG also disclaims any warranty of merchantability or fitness for a particular purpose.

KiT may only be used for lawful purposes. Transmission of any material in violation of any US or state regulation is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. The customer agrees to indemnify and hold MEG harmless from any claims resulting from use of the service which damages the customer or any other party.

Single User Account Restrictions, PNC-PPP: (Point to Point Protocol)

Non-dedicated dialup accounts are restricted to interactive use only. Interactive use of the account is defined as use which requires a customer's personal presence and activity at the computer. Connections will be terminated after 20 minutes of user inactivity. Any attempts to circumvent the "idle daemon" is prohibited, including the use of the automatic generation of data to mimic user activity. KiT customers are also prohibited from employing programs that automatically dial and log into the KiT network.

KiT provides one customer login ID, one password, and one E-Mail address with each paid account. Use of accounts by individuals other than the customer, or the customer's company or household is prohibited. It is the responsibility of the customer to keep this information private and secure. Multiple (simultaneous) logins under the same username are prohibited. Customers who wish to operate multiple connections should acquire an additional dialup user account. Failure to abide by these terms constitutes a breach of security and justifies immediate account termination. Any customer terminated for breach of security shall be permanently denied service with KiT.

MEG's $19.95 per month dialup service is not intended to be a dedicated 24-hour, 7 days per week service. Extended use of the circuits prevents other users from accessing the internet. MEG's practice is not to limit the number of times a customer may connect nor the amount of time the user is active in a session.

WE DO, HOWEVER, ASK THAT AS A COURTESY TO OTHER SUBSCRIBERS ALL CUSTOMERS LIMIT THEIR USAGE TO LESS THAN 150 HOURS PER MONTH. THIS IS A MONTHLY AVERAGE OF 5 HOURS PER DAY.

MEG reserves the right to set up metering on or cancel the account of any customer who, in the opinion of MEG's management, is using the system excessively or is abusing the services of KiT. Prior to metering a customer's account, MEG will endeavor to contact that person, either via phone or via e-mail, to determine their needs and discuss the continuation of their subscription to Kentucky-in-Touch.

MEG provides each customer online access to their current monthly account usage record at https://www.meginc.com/users/monthly_usage.cgi.

Each user will have a server mailbox size of 5 megabytes. Users should make every effort to retrieve mail from the POP3 mail server as often as possible. If a customer has important information on file, it is advised that it be downloaded to the customer's system. Should information stored in a mailbox exceed the 5 megabyte limit, the customer will be notified by MEG and will be given five (5) days to reduce the size to under 5 megabytes. If the customer does not comply, MEG reserves the right to reduce the information stored in that customer's mailbox to the 5 megabyte limit and will not be responsible for any inconvenience or loss of data which may occur. Additional storage space can be requested, which will be billed at the price in effect at the time a request is made.

Notifications regarding a customer's account will be sent to their KENTUCKY-IN-TOUCH E-MAIL ACCOUNT. If a customer prefers to receive these notifications via an e-mail account on another Internet service, it is the responsibility of the customer to contact the MEG offices at (606) 744-7234 or via E-Mail at support@meginc.com to make their request known. If a client wishes to have e-mail from their KiT account forwarded to another e-mail address MEG will setup an "alias" on KiT's mail server for that customer. There is no charge for this service.

MEG is not responsible for a customer's lack of awareness regarding changes in terms, policies, pricing or services. News, notes and announcements are posted on the Kentucky-in-Touch home page, and it is the customer's responsibility to routinely check the home page for any information related to KiT's services.

MEG accepts VISA and MASTER CARD or will debit a CHECKING OR SAVINGS ACCOUNT for monthly payment for use of KiT. Neither personal checks nor cash will be accepted in lieu of the foregoing forms of payment.

Payment is due in advance, on the first day of each month. If the debit of a credit card or bank account is declined, for ANY REASON, the customer is immediately considered in default and will be charged a $15 service fee in addition to the unpaid access fees. Dialup accounts in default are subject to immediate suspension until the amount due is paid in full, and will additionally incur a reconnect charge of $5.00. Payments for any declined transaction plus applicable service charges and reconnect fees must be made in the form of a money order or cashier's check. Accounts unpaid 5 days after the due date will have their service permanently terminated. Such termination does not relieve the customer from the obligation to pay the past due account charge.

Any account suspended by MEG, for any reason, will be subject to a $5 reconnect fee before reactivation of the account.
If a customer defaults in the payment of any amounts owed hereunder, the customer agrees to pay MEG its actual expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. Upon termination of an account, MEG is not responsible for loss or deletion of any data stored on the KiT system.

Only notice provided by the customer or MEG, via E-Mail or via the United States Postal Service, ten (10) days prior to the next billing date, will terminate the service and relieve the customer's obligation to pay the monthly account charge. If the customer elects to terminate service in this manner, charges will cease and the customer's account will be deactivated effective the last day of the month in which cancellation was requested. No refund will be made for any unused portion of monthly service fees.

Any access to other networks through KiT must comply with the rules appropriate for that other network.

All postings to USENET must comply with the etiquette guidelines posted in news.announce.newusers, and also with the posted charter of the news group(s) to which the customer is posting. Non-compliance with these rules will result in the termination of the customer's account without prior notification.

Customers are responsible for the protection of their account and data. Be advised that the Internet is not a secure system. Data can be, and often is, viewed by third parties. Information of a private or confidential nature should not be placed on the system. MEG specifically denies any responsibility for the security of an account and the data stored in KiT facilities, or information sent over the Internet. MEG further warns against unauthorized use of information obtained by others by virtue of use of the Internet.

Use of any information obtained via the KiT communications service is at the customer's own risk. MEG specifically denies any responsibility for the accuracy or quality of information obtained through its services.

In the event that a customer uses hardware and/or software that impairs the use of KiT equipment, upon notice from MEG that the hardware and/or software is causing, or, in the sole opinion of MEG, is likely to cause hazard, interference or service obstruction, the customer shall eliminate the hazard, interference or obstruction at once. Failure to do so will result in disconnection of Internet service until the hazard, interference or obstruction has been permanently removed. A service interruption of this nature will require a service restoration fee as detailed in section 7 of these Terms and Conditions to be paid before service will be restored.

In the event MEG is notified by any person or entity that a KiT customer is sending unwanted solicitations to a mailing list or news group MEG will forward said notification to the accused and ask that they refrain from further postings to said mailing list or news group. Should MEG receive further notifications from the same person or entity concerning the same KiT customer or should the KiT system, including hardware, software and telecommunications connections, become impaired due to action or retaliation on the part of the accuser, KiT reserves the right to discontinue customer's service and E-Mail delivery until the problem has been resolved to MEG's satisfaction. MEG will not be responsible for any E-Mail which may be permanently lost due to such a discontinuance. A service interruption of this nature may require a service restoration fee as detailed in Paragraph 7 of these Terms and Conditions to be paid before service will be restored.

Prices quoted are for delivery of KiT Services at Winchester, Kentucky. The customer is responsible for all communications charges that may be incurred in order to access the KiT system in Winchester, KY.

A special word about viruses: It is recognized that the Internet may contain viruses which may, if not eliminated, destroy parts or all of the data contained within a computer. MEG has no control over these viruses. Neither does MEG provide any filtering or checking of data to eliminate these viruses. The customer agrees to provide a mechanism for checking a computer system for viruses and to hold MEG harmless from any damage caused by viruses obtained through KiT services. Further, the customer agrees not to introduce any virus onto the Internet system or KiT system. If any customer introduces any virus onto the Internet system or KiT system, service to that customer will be immediately terminated, and any resulting damages or expenses incurred by MEG as a result will be billed to and reimbursed by the customer.

All use of KiT must be within the restrictions associated with a customer's account and as set forth in Paragraphs 1 through 18 herein. MEG reserves the right to terminate service to accounts that violate or exceed these restrictions.