The Kingdom Connection (Merrill Information Systems, Inc.) offers Internet access and related services, including the hosting of Web Sites, through its system to its subscribers. The Kingdom Connection does not and cannot control the content, quality or accuracy of information available through its system or over the Internet in general. These Terms of Service set forth the basic rules which apply to The Kingdom Connection's services and use of its system. The Kingdom Connection may change these Terms of Service in the future upon notice published on-line or otherwise provided by The Kingdom Connection. BY USING THE KINGDOM CONNECTION'S SERVICES AND SYSTEM, A SUBSCRIBER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE TERMS OF SERVICE AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM THE KINGDOM CONNECTION FROM TIME TO TIME. If the Terms of Service, The Kingdom Connection's services, system, or pricing is or becomes unacceptable to a subscriber, the subscriber's only right shall be to terminate its account in accordance with the Section labeled "Termination and Suspension" below.
The Kingdom Connection's system and services may only be used for lawful purposes and in a manner which The Kingdom Connection believes, in its sole discretion, to be consistent with the rights of other Kingdom Connection subscribers and third parties. While The Kingdom Connection is not responsible for the content of hosted Web Sites, content on all Kingdom Connection hosted Web Sites must comply with all laws and must not infringe the rights of any third party. The Kingdom Connection's services and system may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, The Kingdom Connection's services and system shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory. Use and access to other networks through The Kingdom Connection's system must comply with the rules for such other networks.
The services provided by The Kingdom Connection and The Kingdom Connection's system are expected to change from time to time. The Kingdom Connection reserves the right to change any service offered or the features of any service offered or its system without notice, including changes to access and use procedures, such as idle disconnections and system hardware and software.
A subscriber must pay fees per The Kingdom Connection's rate schedule in effect from time to time as a condition to obtaining access to The Kingdom Connection's services and system. A subscriber also must pay any sales, use or like taxes. The Kingdom Connection will bill users depending on their initial subscription date for the upcoming period.
Invoices will be sent 15 days prior to your due date. They will be e-mailed to your address unless you have opted to pay for a paper invoice. If paying by credit card, your card will be automatically charged on your due date. Payments 5 days late will incur a $5.00 late fee. Accounts not paid 30 days after the due date will be suspended. A $15.00 reconnect fee will be imposed. Any payment returned by our bank will result in a $25.00 return fee and your account may be suspended until such time as your account is paid in full. Payments are non-refundable.
All users will be subject to billing for the current month and will, if applicable, be billed for any charges exceeding their allotted usage from the preceding month based on usage tracked by The Kingdom Connection. The above payment terms and billing cycles apply to all users.
Accounts that are ending will be closed after 12:01PM on the day that the account is due to end.
Termination and Suspension
Either subscriber or The Kingdom Connection may, at its sole discretion, terminate the subscriber's account at any time with or without reason. The Kingdom Connection also may, at its sole discretion, suspend a subscriber's account at any time with or without reason. Charges will not be pro-rated. TERMINATION OR SUSPENSION DOES NOT RELEASE LIABILITY FOR CHARGES DUE. The Kingdom Connection may delete all data, files or other information that is stored in subscriber's account of hosted Web Site upon termination. Provisions set forth below in the sections entitled "Software", "No Warranty; Limitation of Liability" and "Indemnity" shall survive termination.
As a courtesy to subscribers, The Kingdom Connection has accumulated a library of software which is "shareware" or "freeware". The Kingdom Connection is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software. THE KINGDOM CONNECTION MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO SUBSCRIBERS. THE KINGDOM CONNECTION ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM USE THEREOF. SUBSCRIBER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE. SUBSCRIBER AND NOT THE KINGDOM CONNECTION MUST PAY ALL SHAREWARE LICENSE FEES. NO SUBSCRIBER OR USER WILL ASSERT ANY CLAIM AGAINST THE KINGDOM CONNECTION WITH RESPECT TO ANY SHAREWARE OR FREEWARE OBTAINED THROUGH THE KINGDOM CONNECTION.
USE OF THE KINGDOM CONNECTION'S SERVICES AND SYSTEM AND THE INTERNET IN GENERAL IS AT USER'S SOLE RISK. THE KINGDOM CONNECTION DOES NOT WARRENT THAT ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORIZED INTRUSION, OR THAT THE KINGDOM CONNECTION'S SERVICES OR SYSTEM WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES THE KINGDOM CONNECTION MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE OR SYSTEM OR THE INTERNET IN GENERAL. THE KINGDOM CONNECTION'S SERVICES AND SYSTEM ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, COMPATIBILITY, SECURITY OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. UNDER NO CIRCUMSTANCES SHALL THE KINGDOM CONNECTION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS. WITHOUT LIMITING THE FOREGOING, THE KINGDOM CONNECTION WILL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ALL OR ANY PART OF THE KINGDOM CONNECTION'S SYSTEM OR SERVICES, RELIANCE BY ANY PERSON ON INFORMATION OBTAINED THROUGH THE KINGDOM CONNECTION'S SERVICE OR THE INTERNET, DELETION OR LOSS OF FILES OR E-MAIL, VIRUSES, ANY DELAY OR FAILURE OF PERFORMANCE, OR UNAUTHORIZED ACCESS TO RECORDS OR FILES. THE MAXIMUM LIABILITY OF THE KINGDOM CONNECTION TO ANY SUBSCRIBER OR USER FOR ANY AND ALL LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND, INCLUDING DUE TO THE KINGDOM CONNECTION'S NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT PAID BY THE SUBSCRIBER OR USER TO THE KINGDOM CONNECTION DURING THE SIX MONTH PERIOD PRECEEDING THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO EVERY SUBSCRIBER.
The subscriber agrees to indemnify and hold harmless The Kingdom Connection, its directors, officers, shareholders, agents, employees and its other subscribers from any and all claims, liabilities, damages, or expenses, including attorney fees, arising out of or resulting from any and all use of subscriber's account or the subscriber's Web Site whether or not authorized.
Subscriber's account and right to use The Kingdom Connection's services and system is not transferable without The Kingdom Connection's consent. Subscriber agrees to protect its password and account and to keep them secure from unauthorized users and use.
The Kingdom Connection treats E-mail messages as private. Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA"). The ECPA permits The Kingdom Connection limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect The Kingdom Connection's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where The Kingdom Connection receives information inadvertently which appears to pertain to the commission of a crime. Users should be aware that electronic messages may be intercepted lawfully or unlawfully outside of The Kingdom Connection's system. In addition, although The Kingdom Connection has implemented certain security measures, The Kingdom Connection cannot guaranty that its system or stored data of a subscriber will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user.
Whenever you send electronic mail, your name and username are included in each mail message. You are responsible for all electronic mail originating from your username.
1) Forgery (or attempted forgery) of electronic mail messages is prohibited.
2) Attempts to read, delete, copy, or modify the electronic mail of other users are prohibited.
3) Attempts at sending harassing, obscene and/or other threatening e-mail to another user is prohibited.
4) Harassing others by 'mail-bombing' or 'news-bombing' is prohibited. 'Mail-bombing' constitutes sending more than ten (10) similar mail messages to the same email address. 'News bombing' constitutes sending more than 6Mb of data to a newsgroup.
5) Attempts at sending unsolicited junk mail, "for profit" messages, or chain letters is prohibited.
6) A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and /or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
7) Member acknowledges that he/she/it is expressly prohibited from utilizing The Kingdom Connection's service, The Kingdom Connection's equipment or any Kingdom Connection's electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass mailings from another service which in any way implicates the use of The Kingdom Connection's service, The Kingdom Connection's equipment or any Kingdom Connection electronic mail address.
1) Idle time may not be defeated by auto-generation of data to mimic user activity. The Kingdom Connection's systems are for interactive use only.
2) The Kingdom Connection allows no more than one dial-up connection from a subscriber account at a time.
3) The Kingdom Connection makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantibility or fitness of this service for a particular purpose. The Kingdom Connection takes no responsibility for any damages suffered by you including, but not limited to, loss of data from delays, nondeliveries, mid-deliveries, or service interruptions caused by The Kingdom Connection's own negligence or your errors, and/ or commissions.
4) The services of The Kingdom Connection may only be used for lawful purposes. Transmission of material is subject to compliance with any applicable laws and regulations. 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 the Kingdom Connection from any claims resulting from your use of this service which damages you or another party. At our sole discretion, we may revoke your access for inappropriate usage.
5) If you use another organization's networks or computing resources, you are subject to their respective permission and usage policies. These policies relate to the use of such services as electronic mail, news postings, file transfers, Telnet or rlogin accesses, and World Wide Web server access.
6) Use of any information obtained via this service is at your own risk. The Kingdom Connection is not responsible for the accuracy, quality, or content of information obtained through our services.
7) All The Kingdom Connection services are for end-user use only and may not be resold to third parties without a seperate Reseller Agreement on file with The kingdom Connection.
The following are violations of The Kingdom Connection's acceptable use policies:
1) Attempting to access the accounts of others, or attempting to penetrate security measures of The Kingdom Connection's or other entities' systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
2) Distributing viruses to or from The Kingdom Connection's systems.
3) Use of software or any device that would allow your account to stay logged on while you are not actively using The Kingdom Connection's services or use the account for the purpose of operating a server of any type.
4) Installation of 'auto-responders', 'cancel-bots' or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net newsgroups or email use by others.
5) Engaging in any of the above activities using the service of another provider but channeling such activities through a Kingdom Connection account or re-mailer, or using a Kingdom Connection account as a mail drop for responses.
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on the Kingcon.Net website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: Name Address Email address Phone number Credit/Debit Card Information (etc.)
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order or as required by law.
We use the information you provide about someone else when placing an order only to provision the product. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
You can access all your personally identifiable information that we collect online and maintain by the provided online tools to do so. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
These Terms of Service supersede all other written and oral communications or agreements with regard to the subject matter. A waiver or modification of these Terms of Service shall only be effective if in a writing signed by an authorized officer of The Kingdom Connection. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of Vermont without regard to choice of law principles. If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.