Any accountholder agrees to the following:

OUR BILLING POLICY: User accounts are prepaid, non-refundable, and, are automatically renewed on the next due date, unless a customer notifies Access Kentucky, in advance, of their desire to cancel. Customer is responsible for payment of un-cancelled accounts. If a customer fails to cancel an account and does not pay the amount due, their information will be turned over for collection. Customers paying by credit card are automatically charged on the first day of each billing period (monthly, semi-annually, or annually depending on the plan they select). Credit card customers MUST call to cancel their account prior to the first day of the month to cancel their accounts. If a customer, credit or other, does not call to cancel, we will continue providing services, whether the customer connects to the Internet or not. Our servers will continue to maintain their account and Email services will continue to run. Account left unpaid through the 10th of the month will be temporarily deactivated, pending payment of past due amounts plus a $15 late/reactivation fee. Customers who do not bring their accounts up to date following the 10th of the month, will be turned in for collection.

1. Access Kentucky, Inc. reserves the right to modify the terms and conditions stated in this document, as well as any other policy documents, at any time by publishing the services over the Access Kentucky website at http://www.accessky.net

2. The customer must provide Access Kentucky with accurate information upon initial registration. In addition, all members must agree to update this information within 30 days if any changes occur.

3. The customer will not attempt to undermine, hinder, damage or disrupt the hardware, software or security of the Access Kentucky system, the Access Kentucky network, or the Internet and its system.

4. Access Kentucky, Inc. and/or operators of Access Kentucky exercise no control whatsoever over the content of information passing through its systems or stored in its systems.

5. Solicitations of Access Kentucky customers or users to become customers of other competitive information services are strictly prohibited.

6. Access Kentucky, Inc. may only be used for lawful purposes. Transmission of any material in violation of any U.S. or state regulation is prohibited. This includes but is not limited to copyrighted material, threatening or obscene material or material protected by trade secret. You agree to indemnify and hold harmless Access Kentucky and/or any Access Kentucky employees, officers, or agents from any claims resulting from your use of the service which damages you or another party.

7. The sending of SPAM, unsolicited mass E-mail, through any of Access Kentucky's systems or to Access Kentucky's clients is strictly prohibited. Any user using the Access Kentucky system to send SPAM will immediately have their account terminated and customer will be charged a $2500 fee for infringement of this policy.

8. Any access to other networks through Access Kentucky must comply with the rules appropriate for that network. Specifically, this prohibits any commercial use of any public access network without the prior consent from the administrators of that network.

9. Use of any information, programs or data obtained from or via Access Kentucky is at your own risk. Access Kentucky specifically denies any responsibility for the accuracy or quality of information obtained through its services.

10. Any unauthorized persons caught using the Access Kentucky network, in any form or fashion, will be charged a fee of $500 per offense and turned into the proper authorities.

11. Any form of harassment, or any malicious intent to cause harm to Access Kentucky, to another Access Kentucky member, to Access Kentucky's network, or to any other network or user reachable through Access Kentucky is cause for immediate account termination at Access Kentucky's sole discretion. In addition, any intentional abuse of idle timeouts in order to perpetuate an otherwise idle connection is grounds for account termination.

12. The rights of access conveyed by this agreement are non-transferable. Use of an Access Kentucky account is expressly limited to the individual whose name appears on the personal account, for business accounts, the names of the employees whose names appear on the application. 

13. USAGE POLICY-Unlimited access is not intended to be a full-time connection. Users should disconnect from Access Kentucky if they plan to be away from the computer for extended periods. No automated programs that routinely poll the modems shall be used to prevent "idle" disconnects. Our unlimited plan for the Regional POPS constitutes up to 250 hours monthly. Access Kentucky has a 20 minute idle timeout policy. If our modem sees no data transfer from a client modem, for 20 minutes, that connection is automatically disconnected. There is a maximum 4 hour session limit to prevent abuse.

14. If a user is less than eighteen (18) years of age, this agreement must be signed by his/her parent or legal guardian who assumes responsibility for all changes related to use of User's account(s).

15. The terms and conditions of the agreement shall in all respects be subject to, and governed by the laws of the Commonwealth of Kentucky.

16. Limitation of Warranties and Liability; Disclaimer of Warranties. You expressly agree that use of the service is at your sole risk. Neither Access Kentucky nor any of its underlying service providers, information providers, licensors, employees or agents warrant that the service will be uninterrupted or error free; nor does Bell South or any of its underlying service providers, information providers, licensors, employees or agents make any warranty as to the results to be obtained from use of the service. The service is distributed on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose or otherwise, other than those warranties (if any) which are implied and incapable of exclusion, restriction or modification under the laws applicable to this service agreement. All such warranties being expressly disclaimed. Neither Access Kentucky nor any of its underlying service providers, information providers, licensors, employees or agents shall have any liability for incidental, consequential, indirect or special damages suffered by you or any other party as a result of the operation or malfunction of the service, regardless of whether or not such parties have been advised of the possibility of such damages, you expressly acknowledge that the provisions of this section shall also apply to all content or other services available through the service. You agree that you will not in any way hold Access Kentucky responsible for any selection or retention of, or the acts or omissions of, third parties in connection with the service (including those with whom Access Kentucky may contract to operate various areas on the service).

17. Remedies of User. Your sole and exclusive remedy for any failure or non-performance of the Service (including any associated software or other materials supplied in connection with the Service) shall be for Access Kentucky to use commercially reasonable efforts to effectuate an adjustment or repair of the Service and, in the event such downtime exceeds twenty-four consecutive hours, to receive a pro-rata refund or credit of or against any charges otherwise payable for the Service for the period of Service downtime.

18. Limitation of Liability. In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this agreement fail of their essential purpose, you expressly agree that under no circumstances shall Access Kentucky's total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this agreement during the twelve-month period preceding the date such claim first arose.

19. Indemnification by User. You shall indemnify and hold harmless Access Kentucky and any of its underlying service providers, information providers, licensors, employees or agents from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error or omission of you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel, invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service, or violation of any applicable law.