KCnet, Inc. DSL Service Agreement

1. KCnet, Inc. (KCnet) shall provide the services listed for a term effective on the date services are installed (activation date) for Customer and continuing for 12 months from the 1st of the month immediately following the service activation date (initial term). The activation date will be the date that the DSL circuit first passes traffic successfully, and this will be indicated on the first monthly invoice the customer receives. After the initial term, this contract will automatically renew on a month-to-month basis until terminated by either KCnet or Customer. During the Initial Term, Customer shall pay to KCnet the monthly rate for DSL or T1 services and a one time fee for equipment and setup/installation charges that are associated with services agreed upon, as well as for any additional equipment or service charges that apply to installation. Customer shall also be responsible for any additional costs accrued by KCnet during the term of this contract that relate to additional customer requested services.

2. KCnet reserves the right to change its rates at any time after the initial term by notifying Customer 20 days in advance of the effective date of such change. Customer acknowledges that KCnet will begin billing for services on the date that the customers’ DSL circuit is activated or 5 days after the customer’s equipment is shipped, whichever comes first.

3. Customer understands that DSL/T1equipment is provided from a 3rd-Party source, and KCnet is merely an intermediary for any service or replacement of equipment that may need to take place.

4. Customer understands that any rebate programs that may be offered in association with DSL or T1 services and/or equipment are provided from a 3rd-Party source. It is the sole responsibility of Customer to properly complete all steps required by 3rd-Party for obtaining any applicable rebates.

5. Customer will be electronically invoiced monthly in advance for all amounts due and owing to KCnet. For service not activated on the first of the month, charges will be prorated for the first month of service. Any billing dispute not reported to KCnet within 60 days of the invoice date will not be considered. Invoice will be issued on the 1st day of each month and all payments are due within 15 days of such invoice. Customer will receive notice via email if payment is not received by the 15th day after invoice. KCnet will disable service if payment is not received by the 25th day after invoice. If no payment is received by the 2nd to last day of the second month in which payment is not received, the customer’s contract will be terminated and customer will be responsible for any amounts currently owed, plus an early termination fee as described below. Customer understands that KCnet issues any billing notices to the Customer’s primary KCnet email account by default, and it is Customer’s responsibility to ensure that KCnet has a current email address with which to issue an invoice and any other billing notices if Customer chooses to not use an email address provided by KCnet.

6. KCnet offers Customer access to the Internet through a 3rd-Party Partner’s network. Customer hereby acknowledges that the Internet and Partner’s network are not owned, operated, managed by or in any way affiliated with KCnet and that they are separate networks of computers independent of KCnet. Customer’s use of the Internet is solely at their own risk and is subject to all applicable local, state, national, and international laws and regulations. Access to the Internet is dependent on numerous factors, technologies, and systems, many of which are beyond KCnet’s authority and control. Customer will always contact KCnet with any issues or problems regarding service, and KCnet will work with the 3rd-Party provider to resolve any issues with the IP services. Any other services included with DSL or T1 services are provided by KCnet.

7. Customer agrees to KCnet’s Terms of Service, which are accessible from the KCnet website located at http://www.kcnet.com/html/tos.html. Customer also understands that if a conflict arises between this agreement and KCnet’s Terms of Service, this agreement will supersede the Terms of Service. Customer acknowledges that any violation of KCnet’s Terms of Service can be cause for suspension or termination of service under this agreement at any time. Customer agrees that such suspension or termination will not relieve them of any fees owed to KCnet, and will result in additional fees related to early termination of this contract.

8. KCNET MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTION HOWEVER CAUSED. USE OF ANY INFORMATION OBTAINED BY KCNET’S NETWORK IS AT CUSTOMER’S OWN RISK. KCNET SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OR QUALITY OF INFORMATION OBTAINED THROUGH ITS SERVICES.

9. Routine maintenance and periodic system repairs, upgrades and reconfigurations may result in temporary impairment or interruption of service. As a result, KCnet does not guarantee continuous or uninterrupted service and reserves the right, from time to time, to temporarily reduce or suspend service without notice. KCnet’s SDSL and T1 services are governed by a limited Service Level Agreement (SLA) which is available upon request via email from support@kcnet.com. KCnet’s ADSL services are reasonable commercial effort services and are not subject to any SLA or limited warranty. No SLA or Limited Warranties apply if service interruption is due to Force Majeur.

10. If Customer causes this agreement to be terminated prematurely (e.g. during the Initial Term), either through cancellation of service or violation of this agreement, Customer shall be responsible for early termination fees. For ADSL services, these fees are in the amount of $250, or the total amount due for the remainder of the Initial Term, whichever is the smaller amount. For SDSL services, these fees are in the amount of $550, or the total amount due for the remainder of the Initial Term, whichever is the smaller amount. For T1 services, these fees are in the amount of $800, or the total amount due for the remainder of the Initial Term, whichever is the smaller amount. If customer is taking advantage of the option to pay for the equipment in installments, they will be responsible for the remainder of the equipment installments owed. After the Initial Term is completed, customer will only be responsible for any amounts currently owed to KCnet.
11. Customer may cancel this agreement at any time after the initial term. KCnet will offer no refund or credit for any fees paid or owed at the time of termination, and the Customer’s account will be terminated on the 2nd to last day of the month in which they canceled. Only cancellations taken over the phone are valid, and Customer must receive an Account Termination Code from KCnet during that call in order to consider the cancellation completed.

12. Customer agrees that KCnet may, at its option, initiate efforts to collect sums due by Customer to KCnet under this Agreement, including, but not limited to, reporting to credit bureaus, submission of debts to collection agencies, and initiation of legal proceedings in courts. In the event Customer breaches this Agreement for any reason, including failure to pay sums due, Customer agrees to pay to KCnet reasonable attorney’s fees and court costs incurred by KCnet to enforce this agreement, or to collect sums due KCnet, whether or not the enforcement or collection efforts undertaken result in the filing of legal proceedings.

13. In addition to other remedies contained in this agreement, Customer shall indemnify and hold harmless KCnet, its partners, officers, directors, and other staff and affiliates from any and all claims and expenses, including, without limitation, reasonable attorney’s fees arising from Customer’s breach of any provisions of this Agreement.

14. For ADSL Services, Customers have thirty (30) calendar days after the Billing Start Date to request a disconnection without a disconnection fee. If the Customer cancels the ADSL service within this thirty (30) calendar day ‘grace period’ following the Billing Start Date, the equipment may be returned to 3rd-Party Provider for a refund only if it is in original working condition and in its original packing. The 3rd-Party Provider will not process credits for equipment returns until they receive and process the equipment return. If disconnection is received in the first thirty (30) calendar days of service, KCnet will provide a credit equal to all fees billed, with the exception of: any fees associated with Missed Appointment charges, and the credit for the equipment prior to receipt by 3rd-Party Supplier pursuant to the RMA instructions, and fees for equipment provided in association with open-Access DSL services. Standard disconnection fees will apply after this thirty (30) calendar day period. On SDSL and T1 services, there is no grace period following Order Completion. KCnet will charge the applicable disconnection fee and will not refund any fees that have been charged.

15. No waiver or modification of this agreement or of any covenant, condition, or limitation herein shall be valid unless in writing and duly executed by the party to be charged herewith and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this paragraph may not be waived except as herein set forth.

16. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

17. This agreement (inclusive of the Terms of Service and Service Level Agreement referred to herein) contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all other agreements between the parties. The parties stipulate that neither of them has made any representation with respect to the subject matter of this agreement or any representations including the execution and delivery hereof except such representations as are specifically set forth herein and each of the parties hereto acknowledges that she or it has relied on its own judgment in entering into this agreement. The parties hereto further acknowledge that any representations that may have heretofore been made by either of them to the other are of no effect and that neither of them has relied thereon in connection with his or its dealings with the other.

18. This Agreement shall be governed by, and construed according to the laws of the State of Missouri.

19. KCnet may assign this Agreement and all rights and obligations herein at any time and without the consent of the Customer. Customer shall not assign this agreement at any time without the express written consent of KCnet.