Kendra Acceptable Use Policy

All customers of Kendra Communications are bound by the Acceptable Use Policy listed below.  This Acceptable Use Policy is Effective Jan 15, 2005, or upon renewal of a customer account, whichever occurs first.

1.           Introduction

a.           The Acceptable Use Policy ("AUP") for Kendra Communications ("Kendra") is a living document and as such may experience changes without notice. Whenever possible customers will be notified in advance of any changes. This AUP applies to all customers of Kendra, or anyone who accesses the Internet through a customer’s account with Kendra.

b.           This Acceptable Use Policy applies to all customers of Kendra. This AUP provides a general understanding of Kendra’ policy on the Acceptable Use of Internet services ("service"). It is designed to help protect our service, our customers, and the Internet community from irresponsible or illegal activities. Kendra expects that common sense and good judgment will guide all of our customer's activities on the Internet.

c.           Cooperation with Investigations
Kendra will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.

d.           Customers in violation of this AUP will be notified of the violation whenever possible; however, accounts can be suspended, cancelled, or terminated for violations of the AUP without notice. Action taken for violations of the AUP is the sole discretion of Kendra and is not negotiable. Accounts suspended or deactivated may be subject to additional fees/deposits to reactivate the account.

e.           Customers have no rights to use of the services provided by Kendra beyond the limitations laid out in the AUP.

f.           Customers agree to indemnify and hold Kendra, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the AUP, or your violation of any rights of another.

2.                   Use of Service

1. Customers have the right to access the system only while following the AUP. The Customer may not reveal their password or log on information to others. Sharing a dial up account is prohibited and will result in termination of the account. At no time can there be simultaneous dial in use of the Customer’s logon to access the Internet, other then 128k ISDN or Multilink accounts.
2. Unlimited Active Access, Unlimited Access and/or Unmetered Access – Is defined as access to the Internet via Kendra servers, for as long as it takes to perform any task while you are sitting at your computer. Each connection has a 30-minute idle time out and an eight-hour cycle. Either time out does not restrict the ability of the customer to reconnect. Dial up accounts are not considered a 24 hour, 7day a week connection. Customers are to limit their time online to when they are actively online. Keeping a dial up connection active for over 250 hours in a month is considered excessive, and the customer will receive a warning. Continued violation of this access policy will result in the customer being billed the dedicated access rate of $89.95 a month. Pinging, using a mail program, or using any other automated process to hold a connection open is not allowed. Dial up access is not considered dedicated and customers are expected to respect the rights of other customers and limit their online time to the time it takes to perform their online tasks. Kendra has the sole discretion as to whether a connection is in violation of this policy.Accounts can be suspended, cancelled, or terminated for violations of the AUP without notice. Action taken for violations of the AUP is the sole discretion of Kendra and is not negotiable. Accounts suspended or deactivated may be subject to additional fees/deposits to reactivate the account.
3. Kendra accounts and services may be used for lawful purposes only. Use of a Kendra account or service in an illegal manner is ground for immediate termination of the account. Activities which are prohibited as potentially illegal include, but are not limited to:

                                 i.            Unauthorized copying, displaying or distribution of copyrighted material without the consent of the copyright holder.

2. Exportation of software or technical information in violation of U.S. export control laws.
3. Making fraudulent offers of items, products, or services originating from your account.
4. Threatening bodily harm or property damage to individuals or groups. (Email harassment is discussed in further detail in the Email section of the AUP).
3. Use of a Kendra account to gain passwords, encryption codes, or attempt to alter or destroy data belonging to Kendra or another user on any computer network is grounds for immediate termination. This includes storing illegally obtained information of any sort.
4. Distribution of malicious software, which contributes to or assists in "mail-bombing" or "spamming", is strictly forbidden.
5. Trial accounts are for the purpose of "trying out" the system and as such are limited too not more than 7 days. Access may be limited or denied at the discretion of Kendra, and the trial period may be terminated without warning. Trial account periods are added to the account time period when the Customer selects to remain on the service by paying for services. Only one trial period is allowed per household.
6. Changes to Accounts - Any changes to accounts are made by the subscriber only. The "validation" password must be given before we will make any changes to the account.
7. Running Online Servers - Customers using dial up and ISDN cannot use the internet connection to run online servers allowing outside access to their computer(s); such as Web Servers, Mail Servers, File Servers or any other program or service that allows outside access to their computer via the Internet. This does not preclude a customer from using their Internet Connection for online gaming.
8. Viruses – Customers are responsible for protecting their computer(s) and other online devices from viruses. Kendra does not actively filter viruses in Email or via Web Sites.

 

 

3.                   Customer Billing

1. Kendra runs a billing cycle from the 1st of the billing month to the last day of the billing month. All fees are due on the first day of the billing month for which service is provided. The billing month is from the first day service is provided to the same day in the next month or prepaid billing cycle. Example, a customer signs up on the 12^th of the month, each new bill is issued on the 12^th of the following month. Bills are sent out by Email 15 days prior to the due date.
2. Private home user Customer accounts are invoiced by E-mail. Customers requiring a paper invoice that do not have a commercial account will be charged $3.00 per invoice.
3. Setup Fees may be charged depending on the need to provide software or extensive over the phone setup. Extensive set up is defined as the need to provide more then 30 minutes of telephone support getting the customers computer set up.
   Should a setup fee need to be charged, the minimum over the phone setup fee is $20 per hour, the minimum on site setup fee is $45 per hour.
4. Consumer dial up and ISDN services are billed month to month, or in monthly groups, depending on the customers billing preference. Accounts are paid month in advance and payment is due no later than the first day of the service month. All services will be shut off on accounts not paid by the first work day of the new billing month, until payment is received, unless the following conditions are met:

                                 i.            The customer has notified billing@kendra.com that the payment will be late and gives the date payment will be received.

2. The customer has an established payment history of over 3 payments, and then a 10-day grace period will be allowed.
4. Customer shall be responsible for any and all fixed and accumulative charges for customer's account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected) thereafter payment is due on the first day of the each billing month the service will be used. Customer's account shall be billed the monthly access and any other fees for the new month plus any accumulated charges for prior months. Failure to use this account(s) does not relieve Customer of payment obligations.
5. A Customer who selects auto pay agrees to allow Kendra Communications to bill his or her credit card on each successive billing date without obtaining Customer's permission after the initial charge. Customer shall notify Kendra Communications of any changes in credit card number or expiration date. If the card is not honored for any reason, Kendra will contact the customer via Email, and if alternative billing has not been established within ten (10) days, the account will be suspended. Restoring the account will be subject to a reactivation fee. Dishonored checks are subject to a collection fee.
6. The following schedule applies to fees charged customers for billing issues:

1. Returned Check Fee $35
2. Credit Card Declined (take card demand or bank fee) $25
3. Restore account after deactivation $20
4. Research billing records $25 per hour
7. Kendra Communications maintains the right to suspend or terminate service for any unpaid accounts. Accounts in default are subject to a minimum finance charge of $2.00 per month, or 18% APR, whichever is greater. Termination of service shall not relieve Customer from the obligation to satisfy outstanding charges. In the event Kendra utilizes an attorney or other agency to collect any unpaid amounts, customer shall be responsible for the payment of all of attorneys' or other collection fees and costs in the collection of these sums.
8. Customers that send over 100 emails in a 24-hour period are subject to a charge of $3.50 per email sent beyond 100. Kendra Communications understands that Customers may have a valid reason for sending over 100 emails in a 24 hour period other than spreading unsolicited Email (Spam). If the Customer notifies Kendra Communications of the intent of the mass mailing, Kendra Communications will help the user set up a listserv if necessary, or allow the customer to continue the practice of sending over 100 emails without charge.
9. It is the Customer’s responsibility to notify billing@kendra.com of cancellation of the Customer’s account. Accounts cancelled in a current billing month do not receive a refund. It is the customer’s responsibility to collect all Email, save any websites hosted by Kendra, and save any other data stored on Kendra’s servers prior to the cancellation date.
10. Customers who cancel an account in a discounted billing cycle may receive a refund, however the used portion of the billing period will be subtracted from the refund at the prorated full monthly rate.  At no time will a refund for services cancelled during the billing period exceed the paid amount. Accounts cancelled after the 5th of the billing month will receive no refund.
11. Kendra reserves the right to change prices at any time without prior notice to its customers or the public. Price changes may or may not be retroactive for existing customers.
12. Multiple Month Discounts are available to Customers whose account is not delinquent. They cannot be used to bring a delinquent account up to date.
13. Fees are mailed to the address listed in the ContactPage. Questions on fees are submitted to billing@kendra.com
14. Referral credits, those given when an existing customer refers a new customer, are given on an account equal basis. A customer referring a dial up customer, who is using a higher priced service such as ISDN, will only receive a credit equal to one month’s payment of the new service. For example, a customer refers a new dial up customer at $16.95 a month. The existing customer has an ISDN account billed at $29.95 a month. The customer will be credited $16.95, making the next monthly payment on the customer’s account $13.00. Referral credits are applied only after the referred customer has remained a customer for 90 days.

 

 

4.                   Email

a.       Kendra actively filters incoming Email for Unsolicited Commercial Email, or Spam. The filtering is not a full guarantee that no spam will make it into a customer’s inbox, but is a good faith attempt to limit Spam.

2. Kendra does not guarantee that all legitimate mail will make it by the spam filter.
3. Email tagged as Spam and held on the server is stored for 7 days, then deleted; if you are missing a Email contact abuse@kendra.cc with the senders Email address and approximate date so the held Emails can be checked.
4. Customers who selected personal Spam Filter settings that delete Spam are responsible for any Email that gets deleted; once a Email is deleted, it's gone and cannot be recovered.
5. A method will be supplied to allow blocked Email to reach customers on a per Email address or per top level domain basis.
6. A method will be supplied to report Spam that makes it through the filter, but no guarantee is granted that the mail will be stopped.
7. Mail servers operated by or owned by Kendra are not in the public domain and are for the private use of our customers.
8. The maximum storage space for any Email account (single Email address) on Kendra’s mail server is 250 megabytes. Additional storage space can be purchased at $0.01 per megabyte.
9. Kendra is not responsible for email that is stored on the mail server(s) over 24 hours.  Customers are expected to download Email off the server. 
10. If a customer is using Web Email to read and maintain their messages they must keep the storage allocation below 250 megabytes.
11. Email accounts inactive for 90 days will be removed from the Kendra mail server(s).
12. The following Email-related actions are prohibited:

• Sending unsolicited E-mail for the purpose of advertising or soliciting, or using Kendra Communication’s E-mail address to collect responses from unsolicited E-mail either directly or by forwarding.
• Sending over 100 Emails in a 24-hour period. (See fees for services 3.9)
• Attempting to impersonate any person, using forged headers or other identifying information, or relaying mail off any SMTP server.
• Harassing others by "mail-bombing" or "spamming", which constitutes sending of the same or substantially similar unsolicited electronic mail messages to a large number of recipients, or more than ten (10) similar mail messages to the same Email address or 10Mb of data to a newsgroup.
• Using an Email box exclusively as a storage space for data.
• Sending threatening or harassing E-mail (for example, making terrorist threats, degrading members of a particular race or religion, or threatening physical injury or damage to persons or property).

 

 

5.                   Technical Support

1. The preferred method of obtaining technical support is by phone. Resolution of problems via Email is difficult at best and ties up resources. Customers are expected to use the supplied phone numbers and call for technical support whenever possible.
2. Kendra Communications provides technical support to assist Customers with getting connected to the Internet. Kendra Communications, their employees or agents are not responsible for indirect omission of information or damage to data stored on the Customers computer or damage to the Customers computer hardware.
3. Applicability of technical support information supplied by Kendra Communications, their employees or agents or via the technical support web pages provided by Kendra Communications is the responsibility of the Customer.
4. Extended technical support, beyond the scope of setting up the dial up connection to the Internet, configuring Web Browsers, Email software, or other Internet related software, is provided for a fee.

 

 

6.                       Personal Web Pages

a.           Personal home pagesare for the express and exclusive use of one Customer. Accounts that allow for multiple web sites are also for the use of the Customer or the Customers immediate family.

b.           Disk space cannot be sold, rented, leased or loaned to another without written permission from Kendra Communications.

c.           Pornographic or nude images, display or offering downloads of copyrighted material and the use of the page for any illegal purpose is strictly forbidden. Web space is exclusively used for the storage of a user's web page related materials only. Any other use of the host directory is expressly prohibited.

d.           Use of the site to promote or advertise a business is not allowed. Commercial web hosting is available; check our web servicespage for commercial rates.

e.           All other provisions of this AUP apply to web page content.

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