KANOKLA NETWORKS MASS MARKET INTERNET SERVICE POLICIES AND CUSTOMER INFORMATION
The following policies apply to mass market broadband Internet services offered by KanOkla Networks. KanOkla Networks also offers enterprise level services that can be individually tailored to customer needs. Information on enterprise services can be obtained by contacting the network services department at support@kanokla.com or via phone at 866-526-6552. It is KanOkla Networks’ policy to provide robust and reliable access to the Internet for all of its residential and commercial mass market end user customers. Because network resources are shared by all users, KanOkla Networks has implemented the following policies to govern mass market Internet service. These policies are designed to: (i) ensure that shared network resources are allocated fairly among all users; (ii) allow users and prospective users to understand service policies and any significant limitations on the service; and (iii) provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe. KanOkla Networks does not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, supports the ability of users to select and attach the equipment of their choice to the network so long as that equipment: (i) is used for a lawful purpose consistent with KanOkla Networks’ Acceptable Use Policy; and (ii) does not harm the network or degrade network performance for other users. Customers are encouraged to familiarize themselves with the following policies which are deemed part of their Service Agreement. By using KanOkla Networks’ Internet service, the customer accepts, agrees to be bound by and to strictly adhere to, these policies. The customer also agrees to be responsible for compliance with these policies by third parties, such as friends, family members or guests that make use of the customer’s service accounts or equipment to access the network for any purpose, with or without the permission of the customer.
I. ACCEPTABLE USE POLICY
As a provider of Internet access, Internet email, web site hosting, and other Internet- related services, KanOkla Networks offers its subscribers (and their customers and users), the means to acquire and disseminate a wealth of information. KanOkla Networks respects that the Internet provides a forum for free and open discussion and dissemination of information, however, there are competing interests at issue. KanOkla Networks reserves the right to take certain preventative or corrective actions as deemed necessary. In order to protect these competing interests, KanOkla Networks has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing KanOkla Networks 's services.
All users of KanOkla Networks’ Internet services (“Service”) - those who access some of KanOkla Networks’ Services but do not have an account with KanOkla Networks (“Visitors”), as well as those who pay a monthly fee to subscribe to the Services (“Subscribers”) – must comply with this AUP. KanOkla Networks supports the free flow of information and ideas over the Internet and does not actively monitor use of the Services under normal circumstances. Similarly, KanOkla Networks does not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. This AUP will be revised from time to time. A customer's use of KanOkla Networks 's services after changes to the AUP are posted on KanOkla Networks 's web site, www.kanokla.com , will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
Prohibited Activities: When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, information created and carried over KanOkla Networks 's network and may reach a large number of people, including both Subscribers and non-subscribers of KanOkla Networks, possibly affecting other subscribers and may harm KanOkla Networks’ goodwill, business reputation, and operations. For these and other reasons, KanOkla Networks has developed an AUP to define prohibited activities:
Spamming -- Sending unsolicited bulk and/or unsolicited commercial messages over the Internet (known as "spamming") or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not the email is commercial in nature. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, KanOkla Networks has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list. KanOkla Networks does not support spamming and it is KanOkla Networks’ policy to interrupt or terminate subscriber service that may potentially pose harm to KanOkla Networks’ business reputation and operations.
Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. KanOkla Networks is registered under and complies with the Digital Millennium Copyright Act of 1998 ("DMCA"). KanOkla Networks is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also KanOkla Networks’ policy to terminate the privileges of customers who commit repeat violations of copyright laws. Utilization of services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization is prohibited. See also Other Services.
Collection of Personal Data. Using the Services to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Reselling the Services.
Reselling the Services without KanOkla Networks’ authorization.
Obscene Speech or Materials -- Using KanOkla Networks 's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. KanOkla Networks is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through KanOkla Networks 's network. Using KanOkla Networks 's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity). Knowingly engage in any activities that will cause a denial-of- service (e.g., synchronized number sequence attacks) to any KanOkla Networks customers or end-users whether on the KanOkla Networks network or on another provider's network.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Export Control Violations -- Exporting encryption software over the Internet or otherwise, to points outside the United States.
Usenet Groups -- KanOkla Networks reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that KanOkla Networks determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
Action: As KanOkla Networks has pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. KanOkla Networks will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with KanOkla Networks policy or applicable law. When KanOkla Networks becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, suspension or termination of service, or any other action it deems appropriate.
Third Party: KanOkla Networks also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching KanOkla Networks’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. KanOkla Networks does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. KanOkla Networks has the right to directly take action against a customer of a subscriber. Also, KanOkla Networks may take action against the KanOkla Networks subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, KanOkla Networks anticipates that subscribers who offer Internet services will cooperate with KanOkla Networks in any corrective or preventive action that KanOkla Networks deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of KanOkla Networks policy.
Privacy: KanOkla Networks also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, KanOkla Networks urges its subscribers to assume that all of their on-line communications are insecure. KanOkla Networks cannot take any responsibility for the security of information transmitted over KanOkla Networks 's facilities.
KanOkla Networks will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. KanOkla Networks may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, KanOkla Networks may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. KanOkla Networks assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, KanOkla Networks may disclose subscriber information or information transmitted over its network where necessary to protect KanOkla Networks and others from harm, or where such disclosure is necessary to the proper operation of the system.
Other Services: KanOkla Networks may, but is not required to, block incoming or outgoing messages. At KanOkla Networks’ discretion, may use Spam filtering and/or virus scanning for both inbound and outbound email. This does not relieve the customer of responsibility but instead acts as a secondary safety mechanism and minimizes misuse of network infrastructure and bandwidth. KanOkla Networks will not be held responsible for any viruses or emails you may receive or send via email nor will KanOkla Networks be responsible for lost, misdirected, or undeliverable email.
KanOkla Networks at it’s discretion, may shape bandwidth and transfer of data to best accommodate the needs of the network. This can include prioritizing traffic to insure customers have the optimal opportunity to surf the web and utilize email. These measures may include but not be limited to bandwidth shaping, traffic prioritizing, and caching.
Legal: KanOkla Networks expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning on-line communications. A subscriber's failure to comply with those laws will violate KanOkla Networks policy. Finally, KanOkla Networks wishes to emphasize that in utilizing KanOkla Networks’ services and network, subscribers indemnify and hold KanOkla Networks harmless for any violation of the service agreement, law, or KanOkla Networks policy that results in loss to KanOkla Networks or the bringing of any claim against KanOkla Networks by any third-party. This means that if KanOkla Networks is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against KanOkla Networks, plus costs and reasonable attorneys' fees.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that KanOkla Networks cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because KanOkla Networks cannot monitor or censor the Internet, and will not attempt to do so, KanOkla Networks cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
This service(s) is provided “as is”. KanOkla Networks makes no warranties, expressed or implied, of any kind. This includes but is not limited to business claims, accuracy, security, performance, or privacy.
We hope this AUP is helpful in clarifying the obligations of Internet users, including KanOkla Networks and its subscribers, as responsible members of the Internet. Any complaints about a violation or potential violation of this AUP should be sent to KanOkla Networks.
3. Copyright Infringement/Repeat Infringer Policy. KanOkla Networks respects the intellectual property rights of third parties. Accordingly, you may not store any material or use KanOkla Networks’ systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of KanOkla Networks to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, KanOkla Networks expressly reserves the right to suspend, terminate or take other interim action regarding the service of any user or account holder if KanOkla Networks, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights KanOkla Networks may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent or the law, you may contact our Designated Agent as follows:
Abuse Department
KanOkla Networks
21 N Main
Caldwell KS 67022
4. KanOkla Networks may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of the Service Agreement and AUP. You acknowledge that KanOkla Networks shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the service, including but not limited to content that violates the law or this Agreement.
II. SYSTEM PERFORMANCE KanOkla Networks provides residential and commercial mass market customers with a choice of data plans to meet their needs. These data plans are delivered a variety of medium and as such performance and network specifics do vary per connection method. KanOkla Networks also provides enterprise level services that are custom tailored to a specific project and individually priced based on the needs and criteria established by the Enterprise customer. KanOkla Networks offers the following mass market services and typical speed ranges. These speeds were calculated based upon both utilizing web based speed testing through browsers using http://speedtest.kanokla.com and also using proprietary speed testing software built into some of the client equipment devices. Typical speed offerings range from 80-105% of all advertised speeds listed below with latency varying due to several factors including some beyond KanOkla Networks’ control:
While KanOkla Networks provisions its network and equipment to ensure that its customers can enjoy the speeds to which they subscribe, Internet speeds generally result from a “best effort” service and are dependent on a number of variables, many of which are outside the control of an Internet Service Provider. Such variables include: the age and processing capability of the user’s terminal device or computer; the number of applications running simultaneously; the presence of viruses or malware; whether the terminal equipment is connected to the network by wire or by wireless; the distance the data packets must travel between the user and the website; the presence of congestion on and technical configuration of any intervening networks; any gating or congestion management schemes employed by websites to limit download or upload speeds in cases where multiple users are served simultaneously. KanOkla Networks does not guarantee that a customer will achieve the speeds set forth above at all times. Rather, the foregoing data speeds represent the best information available to KanOkla Networks of the typical speeds a customer can expect to experience under normal operating conditions.
Speed tests that allow customers to test the upload, download and latency performance of their broadband data services are available free of charge from a number sources. Generally, these tests are influenced by the same variables that affect Internet speed set forth above. Accordingly, the speed results would not be expected to match a test of KanOkla Networks’ network conducted under laboratory conditions. Please note, however, that all speed tests use different methodologies to calculate Internet connection speed so each of the tests would be expected to yield different results. Accordingly, each of these tests should be viewed as a helpful guide rather than as a definitive measurement of performance. The following are several sites, unaffiliated with KanOkla Networks, that provide speed testing:
http://netalyzr.icsi.berkeley.edu
http://www.broadband.gov/qualitytest/about
III. NETWORK MANAGEMENT
In most network implementations, KanOkla Networks utilizes a fully redundant network architecture that is designed to provide users with true broadband speeds and reliability even during times of peak demand. The network has been constructed to meet projected traffic demands and is fully scalable to allow for capacity to be added to meet customer needs and to support newly developing and increasingly sophisticated applications well into the future. However, congestion can occur on any IP network, and, when it does, packets can be delayed or dropped, leading to service degradation and delays. Because network resources are shared by all end users, KanOkla Networks has implemented a traffic management policy that is designed to ensure that all users are able to utilize their fair share of network resources during periods of high demand.
KanOkla Networks employs a protocol agnostic congestion management policy that does not discriminate against particular applications. Users remain free to access the websites of their choice and run the applications of their choice consistent with the AUP. KanOkla Networks deploys network management servers and software that constantly monitor aggregate network traffic levels. However, in cases where demand exceeds capacity, it is possible that the data traffic of any user could be delayed. In situations where monitoring software determines that a particular segment of the network is consistently reaching capacity, KanOkla Networks makes every effort possible to additional capacity into that segment of the network to avoid future problems.
Generally, provisioned data speeds for KanOkla Networks’ mass market services are sufficient to support such applications as Voice over IP (VoIP), gaming, web surfing, or most streaming video. However, because KanOkla Networks’ residential, mass market broadband service does not prioritize such traffic, it is possible that certain applications requiring real time communications may perform at less than optimal levels, especially during periods of peak network demand.
KanOkla Networks does take measures to protect its network and ensure that its AUP is enforced. For example, ISP has deployed measures to prevent spam, viruses, and other malware and to monitor and prevent denial of service attacks. KanOkla Networks does not generally interfere with or manage the use of specific protocols or ports. However, in the interests of network security, the following ports may be blocked or unavailable:
KanOkla Networks provides both wired and wireless fixed data services. Users may generally attach the devices of their choice and run the applications of their choice, subject to the limitations of their data plan and the terms of their service agreement and AUP. While many devices such as routers, Bluetooth and WiFi cards, laptops, notebooks and tablets are readily available from third party sources, such as consumer electronics retailers, other devices, such as DSL modems, proprietary network gateways, and WiMax base stations must be provided by or leased from KanOkla Networks. Users are advised to contact KanOkla Networks’ technical support (support@kanokla.com) before purchasing any third party equipment to ensure compatibility with the network. KanOkla Networks is not responsible for the compatibility, suitability or functionality of any equipment that is provided by the customer or any third party, and the customer remains fully responsible for ensuring that any such equipment does not cause any harm to the network or degrade the service of other users.
All users are fully responsible for securing their equipment, including wireless routers, to prevent unauthorized access to the network by third parties and will be held fully responsible for the actions of such third parties that gain unauthorized access to the network through unsecured end user equipment.
IV. COMMERCIAL TERMS
Minimum Terms
a. Your service order indicates whether you have agreed to a minimum service term for your service and, if so, the number of months in the term. YOU WILL BE SUBJECT TO AN EARLY TERMINATION FEE IF YOU CANCEL SERVICES BEFORE THE END OF THE MINIMUM SERVICE TERM (OR IF WE TERMINATE YOUR SERVICE EARLY FOR CAUSE UNDER THE AGREEMENT).
b. If your service plan does not include a minimum service term or, if it does and you reach the end of the minimum service term, your service term will be “month-to-month” and will not be subject to an Early Termination Fee if you cancel your service.
Changing or Cancelling Service
a. If you cancel your service, in addition to any applicable Early Termination Fee, you must pay for your use of the service up until the date on which you cancelled, including charges for exceeding any data cap that applied to your account, and applicable taxes.
b. If, during the minimum service term, you decide to change to another KanOkla Networks service plan (for example, one with different rates or usage allowances) or to add additional services, then KanOkla Networks has the right to restart the minimum service term from the beginning of the change in plan or addition of service.
c. If, during the minimum service term, KanOkla Networks changes the terms of your service and the changes are materially disadvantageous to you, you may terminate the service without paying an Early Termination Fee by providing written notice to KanOkla Networks within 30 days of the effective date of the change.
Current Wireline (DSL or Fiber) Service Pricing
a.512k Broadband (DSL or Fiber) - $19.95
b.1.5Mb Broadband (DSL or Fiber) - $29.95
c.3.0Mb Broadband (DSL or Fiber) - $39.95
d.6.0Mb Broadband (DSL or Fiber) - $49.95
e.10Mb Broadband (Fiber) - $69.95
f.20Mb Broadband (Fiber) - $129.95
g.40Mb Broadband (Fiber) - $239.95
Current Fixed Wireless Service Pricing
a.160k Broadband - $24.95
b.256k Broadband - $29.95
c.512k Broadband - $39.95
d.1.5Mb Broadband - $49.95
e.3.0Mb Broadband - $69.95
f.6.0Mb Broadband - $99.95
d. All KanOkla Networks broadband offerings are offered with out maximum data caps or incremental usage charges.
Privacy Policy Related to Network Management Practices:
We collect information about your use of our products and services. Information such as call records, websites visited, wireless location, application and feature usage, network traffic data, service options you choose, mobile and device number, and other similar information may be used for billing purposes, to deliver and maintain products and services, or to help you with service-related issues or questions. In addition, subject to any legal restrictions that may apply, this information may be used for other purposes such as providing you with information about product or service enhancements, determining your eligibility for new products and services, and marketing to you based on your use of your products and services. This information may also be used to: (1) manage and protect our networks, services and users from fraudulent, abusive, or unlawful uses; and (2) subject to consent practices described in this policy, help us improve our services, research and develop new products, and offer promotions and other services. This type of information may be aggregated for business and marketing uses by us or by third parties.
If you subscribe to KanOkla Networks Internet access services, we may automatically measure and monitor network performance and the performance of your Internet connection to improve your, or our, overall service levels. If you contact us for service support, we also may access information about your computer, wireless device or other device settings to provide customized technical support or to install specific applications or services that you use or that are necessary to the applications or services you use.
KanOkla Networks will not gather information from your use of our Internet access services to direct customized advertising specifically to you based on your visits over time and across different non-KanOkla Networks websites, unless we first provide you with notice of our plan and obtain your affirmative consent.
Please note that KanOkla Networks is not responsible for information, content, applications or services provided by others. Before you access, use, link to or download a service or application on your computer or wireless device, you should review the associated terms of service and privacy policy. Personal information you submit in those contexts may be read, collected or used by the service or application provider and others associated with these forums in a manner different from that described here.
Information Provided to Us by Third Parties
When you purchase products or apply for service with us, we may obtain credit information about you from outside credit reporting agencies to help us with customer authentication and credit-related decisions.
Cookies:
A cookie is a small data string that is written on your computer hard drive by a web server. (A web server is the computer that hosts a website and responds to requests received from your computer). Cookies can play an important role in providing a good customer experience using the web, such as enabling a website to maintain information when a user's web browser requests a series of web pages. Cookies generally hold information, including data strings that contain a unique user ID which allow websites, including KanOkla Networks websites, to customize your experiences on the sites and gather information about your navigation of the sites. Information gathered from cookies also helps us understand how our sites are performing and provides website usage information to support customizing and improving our sites and their messaging and advertisements. We also use cookies to help verify the identity of a website user or to recognize you as a registered user and remember your settings and preferences.
You can manage cookies by using features and functions available on most Internet browsers. For example, most browsers will allow you to choose what cookies can be placed on your computer and to delete or disable cookies. You can find instructions for managing cookie controls on websites for particular browsers. Please note that disabling cookies may prevent you from using specific features on our sites and other websites, such as ordering products or services and maintaining an online account.
Cookies associated with your Flash Player may be removed by managing your settings with Adobe by visiting: http://www.adobe.com/products/flashplayer/security/.
Web Beacons
KanOkla Networks and third-party advertisers may use web beacons. Some KanOkla Networks websites contain web beacons in the form of clear .gif files, which are electronic images that allow for the collection of information about your interactions on our sites. Web beacons may be used to place advertisements, to understand website traffic patterns and the number of visitors to our website, and to measure the effectiveness of advertisements or email advertising messages.
Redress Procedures
In the event a problem or situation with services or policies does arise, it is the customer’s responsibility to KanOkla Networks in order to redress the situation. Contact to KanOkla can be made either in writing to our ISP office located at 21 North Main, Caldwell, KS 67022, via email to support@kanokla.com, or via telephone call to 866-526-6552.