Acceptable Use Policy and Terms of Service

INTRODUCTION:

Kittitas Broadband (KIBROADBAND) is a Wireless Internet Service Provider (WISP).  CUSTOMERS access bandwidth through a wireless Internet connection, which is referred to as the “SERVICE”.  Acceptable Use Policies (AUP) are intended to provide protection for our CUSTOMERS and the Internet community, while also allowing KIBROADBAND to fairly distribute its WISP network service to all CUSTOMERS. KIBROADBAND does not provide email services; however, CUSTOMERS can access no or low cost email providers via our network. KIBROADBAND refers to any paying individual, organization or business using the WISP SERVICE as a CUSTOMER.  NOT reading this document does not limit your liability regarding your subscription.

USE OF SERVICE AT YOUR OWN RISK:

The CUSTOMER is solely responsible for the content of communications on the Internet.  The SERVICE provided by KIBROADBAND is “as is” and at your own risk. KIBROADBAND denies any responsibility for the accuracy of information obtained through the SERVICE. The transmission of data over an Internet connection is subject to errors, delays, and interruptions. KIBROADBAND is not responsible or liable for any errors, delays, or interruptions.

SERVICE DISRUPTION:

KIBROADBAND does not guarantee uninterrupted SERVICE. We will not and cannot be responsible for any disruption of Internet connectivity due to power outages, network faults or acts of God, KIBROADBAND equipment malfunction or any natural disaster (including weather).  All Internet service is provided on an "as is" and "as available" basis.  KIBROADBAND does not guarantee any loss of SERVICE time, transmission errors, connectivity or quality of SERVICE.  The CUSTOMER acknowledges and agrees that the SERVICE is not intended to be, and will not be used as, your primary or “life-line” telecommunications service.  CUSTOMER acknowledges that the SERVICE also relies upon underlying providers and such providers are likewise indemnified.

INSTALLATION:

The CUSTOMER authorizes KIBROADBAND or its contractor(s) or others authorized by KIBROADBAND to install the necessary wiring and Subscriber Unit (SU) required for wireless Internet SERVICE on the premises specified by KIBROADBAND at the time of installation. Standard installation includes the mounting of an antenna and/or a wireless transceiver on the outside of the house and/or building, the routing of 50 feet of cable by the most direct path to one computer and/or router on the CUSTOMER’s premises. We will make a best effort, at the time of installation, to configure your router, or computer, to work with our system; however, this is limited to configuration of one device. The connecting of multiple computers, routers, or other equipment at CUSTOMER’s premises may require additional costs in equipment and wiring. Fishing of walls and or crawl spaces is not included with standard installation. Any requests for custom installation work will require additional costs or charges by KIBROADBAND or its contractor(s).  KIBROADBAND and any contractor(s) will not be liable for any alterations to CUSTOMER’s premises that result from the installation or removal of the SU and/or wiring including any holes in walls, cable wiring or antenna mounting brackets. Care will be used to make the installation reasonably appealing.  The Subscriber Unit (SU) remains the property of KIBROADBAND.

OBSTRUCTIONS:

Wireless Internet communications is dependent on a clear Line of Sight to an Access Point (AP) also know as a tower.  KIBROADBAND will make every reasonable effort to provide our CUSTOMER with the best SERVICE possible. Unfortunately, some locations could experience changes in SERVICE due to seasonal changes, example: parking a large vehicle in front of SU, new buildings or trees, spring and summer foliage changes or winter snow loading, which affects the line of sight to the AP. KIBROADBAND will make every reasonable effort to relocate or realign the SU. However KIBROADBAND cannot prevent Line of Sight problems, and therefore cannot guarantee SERVICE or be liable for any loss of SERVICE.

PAYMENT POLICY:

KIBROADBAND will send statements to its CUSTOMERS by email, with the exception of the first months’ service charge and installation charge, payable at the time of installation. The statement balance can be paid, online by credit card, or by mail with check or money order. Payment is due on the first day of the month. Any account not paid by the 5th day of the month is considered PAST DUE.  PAST DUE accounts will be disconnected from the internet and redirected to our payment portal. This will give the CUSTOMER time to realize a change in their SERVICE, giving the CUSTOMER an opportunity to contact CUSTOMER SERVICE to make payment arrangements before cancellation. KIBROADBAND will attempt to notify the CUSTOMER by phone or email if there is a payment issue associated with their account(s). After 30 days past due, the SERVICE will be suspended and a reactivation fee of may be charged for reconnection. After 45 days past due we will remove our equipment (SU) from the premises and a reinstallation fee will be charged.

UNACCEPTABLE USE:

KIBROADBAND may, at its discretion, immediately terminate or reduce SERVICE to the CUSTOMER upon any single or multiple incidents of the following conditions: 1. Failure to pay SERVICE fees in a timely manner; 2. Interfering with the, or disrupting of, Internet SERVICE to other CUSTOMERS and/or their equipment on the KIBROADBAND wireless network; 3. Propagation of computer viruses and/or spy ware; 4. Unauthorized entry into another person(s) or organization(s) computer, systems, and/or information; 5. Unsolicited blanket emailing known as "spamming" ; 6. Any violation of local, state, federal or international law or that of any Sovereign Nation, as well as KIBROADBAND AUPs.

EXCESSIVE BANDWIDTH CONSUMERS:

CUSTOMER activities that consume unusually large amounts of bandwidth, including, but are not limited to, multiple computers on the same connection, programs or servers which provide SERVICES to others via the CUSTOMER’s SERVICE and some types of gaming software. When excessive consumption of bandwidth by a CUSTOMER prevents other CUSTOMERS fair access to the KIBROADBAND wireless network, we reserve the right to take necessary steps to correct this problem. These steps include, but are not limited to, limiting bandwidth, disabling communication protocols, and discontinuing SERVICE without prior notice.

SERVICE SHARING:

If at any time KIBROADBAND discovers that the CUSTOMER is sharing their SERVICE or has networked to others outside of the premises, without the express written consent of KIBROADBAND, SERVICE will be immediately terminated to the CUSTOMER with no refunds of any kind.  In particular, should a CUSTOMER operate a wireless network for household or business use, said network must be secured with at least WPA, WEP, or other effective method to restrict access from the general public.  Unsecured, "open" networks are not only a potential cause of excessive bandwidth use, they are a security threat and an example of unauthorized sharing of the SERVICE.

INDEMNIFICATION:

CUSTOMER agrees to indemnify and hold harmless KIBROADBAND, it's owner(s), partner(s) and contractor(s) against all losses, liabilities, judgments, awards and costs (including legal fees and expenses) arising out of or relating to any and all claims and/or losses accruing or resulting from the installation of SERVICE, equipment, materials or supplies in connection with the performance of this agreement, to any and all CUSTOMERS and/or any other person, firm, organization or corporation.

CUSTOMER EQUIPMENT:

KIBROADBAND is not responsible for maintaining or supporting any equipment owned by the CUSTOMER, and is not liable for any damages to the CUSTOMER’s computer(s) or other equipment. The point of demarcation from our network to yours is the Ethernet cable provided from the power supply of our SU.

SPAMMING:

Spamming is the sending of unsolicited e-mails.  KIBROADBAND will not tolerate any type of spamming. The SERVICE of the spamming CUSTOMERS will be immediately disconnected without prior notice and will not be eligible for any refund(s) for termination of SERVICE due to spamming.

CANCELLATION:

A CUSTOMER wishing to cancel SERVICE must submit a written notice, with an original signature, requesting the SERVICE to be discontinued, and KIBROADBAND does not refund "set-up" or "installation" fees. If monthly fees are paid in advance, any refunds will be on a pro-rata basis (i.e. any discounted rates or SERVICE referral credits shall be forfeited on early cancellations). The CUSTOMER will continue to be liable under these TERMS AND CONDITIONS as well as any SERVICE AGREEMENT for all fees and charges until such time as any SERVICE AGREEMENT has been properly terminated.

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WE BELIEVE
RELIABLE INTERNET ACCESS IS IMPORTANT
IN OUR COMMUNITY
AND THAT OUR BUSINESS MUST BE CONDUCTED IN A
HONEST, STRAIGHTFORWARD
UPRIGHT, AND COURTEOUS MANNER.

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