By using this site and services provided
by GKG.NET, INC (GKG), you signify your agreement
to all terms, conditions, and notices contained
or referenced herein (the "Terms of Use"). If you
do not agree to these Terms of Use please do not
use this site or any services provided by GKG. We
reserve the right, at our discretion, to update
or revise these Terms of Use. Please check the Terms
of Use periodically for changes. Your continued
use of this site following the posting of any changes
to the Terms of Use constitutes acceptance of those
changes.
SECTION I. ACCEPTABLE USE OF SERVICE
AND WARRANTIES
1) AGREEMENT TO RULES OF USER CONDUCT
You agree to abide by GKG's Rules of User Conduct,
including but not limited to, agreeing not to use
this service for any unlawful purpose.
By posting information in or otherwise using any
communications service, chat room, message board,
newsgroup, software library, or other interactive
service that may be available to you on or through
the use of GKG Services, you agree that you will
not upload, post, or otherwise distribute or facilitate
distribution of any content, including text, communications,
software, images, sounds, data, or other information,
that:
- is unlawful, threatening,
abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another's privacy, tortuous,
contains explicit or graphic descriptions or
accounts of sexual acts (including but not limited
to sexual language of a violent or threatening
nature directed at another individual or group
of individuals);
- victimizes, harasses,
degrades, or intimidates an individual or group
of individuals on the basis of religion, gender,
sexual orientation, race, ethnicity, age, or
disability;
- infringes on any patent,
trademark, trade secret, copyright, right of
publicity, or other proprietary right of any
party;
- constitutes unauthorized
or unsolicited advertising, junk or bulk e-mail
(also known as "Spamming"), chain letters, any
other form of unauthorized solicitation, or
any form of lottery or gambling;
- contains software viruses
or any other computer code, files, or programs
that are designed or intended to disrupt, damage,
or limit the functioning of any software, hardware,
or telecommunications equipment or to damage
or obtain unauthorized access to any data or
other information of any third party; or
- impersonates any person
or entity, including any employee or representative
of GKG.
You also agree that you will not harvest or collect
information about the users or members of this site
or use such information for the purpose of transmitting
or facilitating transmission of unsolicited bulk
electronic e-mail or communications.
It is the policy of GKG to provide its customers
access to the broadest possible number of organizations
connected to the Internet. This is accomplished
through connectivity to one or more state, multi-state
regional, or national backbone networks. With the
exception of information specifically authored by,
or on behalf of GKG, GKG does not develop or publish,
nor does GKG review, censor, or edit the materials
and information which are accessible through the
GKG service networks, or the materials and information
which are accessible through the other computer
networks which may be connected to the GKG service
networks. The persons and organizations, including
GKG customers who publish materials and information
which are accessible through the GKG service networks,
are solely responsible for the content of such materials
and information and are solely responsible to know
and to comply with all laws applicable to the publication
of such materials and information. GKG does not
accept responsibility for the content of the materials
and information published by others that is accessible
through the GKG service networks and does not accept
responsibility for the violation of any laws resulting
from such publication.
2) THIRD PARTY
SITES
This site may produce automated search results or
otherwise provide you access to other sites on the
Internet. These sites may contain information or
material that some people may find inappropriate
or offensive. These other sites are not under the
control of GKG, and you acknowledge that GKG is
not responsible for the accuracy, copyright compliance,
legality, decency, or any other aspect of the content
of such sites. The inclusion of such a link does
not imply endorsement of the site by GKG or any
association with its operators.
3) PROPRIETARY
RIGHTS
You acknowledge and agree that all content and materials
available on this site are protected by copyrights,
trademarks, service marks, patents, trade secrets,
or other proprietary rights and laws. Except as
expressly authorized by GKG, you agree not to sell,
license, rent, modify, distribute, copy, reproduce,
transmit, publicly display, publicly perform, publish,
adapt, edit, or create derivative works from such
materials or content.
4) DISCLAIMER
OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS
SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS
AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. GKG, ITS SUBSIDIARIES,
AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT
IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE
WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR
THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR
RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE
EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS
MAY NOT APPLY TO YOU.
5) LIMITATION
OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GKG, ITS SUBSIDIARIES,
OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY
TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER
THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS,
EVEN IF GKG HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, GKG'S LIABILITY
IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
6) INDEMNIFICATION
Upon a request by GKG, you agree to defend, indemnify,
and hold harmless GKG and its subsidiary and other
affiliated companies, and their employees, contractors,
officers, and directors from all liabilities, claims,
and expenses, including attorney's fees, that arise
from your use or misuse of this site, or services
provided herein. GKG reserves the right, at its
own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with GKG
in asserting any available defenses.
7)
INTERNATIONAL USE
GKG makes no representation that materials on this
site are appropriate or available for use in locations
outside the United States, and accessing them from
territories where their contents are illegal is
prohibited. Those who choose to access this site
from other locations do so on their own initiative
and are responsible for compliance with local laws.
8) CHOICE OF LAW AND FORUM
These Terms of Use shall be governed by the laws
of the United States of America and the State of
Texas, as if the Agreement was a contract wholly
entered into and wholly performed within the State
of Texas. You expressly agree that the exclusive
jurisdiction for any claim or action to enforce
this Agreement or any matter relating to your use
of the GKG site shall be brought exclusively in
the United States District Court for the Southern
District of Texas, or if there is no jurisdiction
in such court, then in a state court in Brazos County,
Texas.
9) SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement
constitutes the entire agreement between you and
GKG with respect to this site and supersedes all
prior or contemporaneous communications and proposals
(whether oral, written, or electronic) between you
and GKG with respect to this site. If any part of
these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent
with applicable law to reflect, as nearly as possible,
the original intentions of the parties, and the
remaining portions shall remain in full force and
effect.
10) TERMINATION
GKG reserves the right, in its sole discretion,
to terminate your access to all or part of this
site, or the services described herein, with or
without notice. GKG reserves the right to modify
this policy at any time.
SECTION
II. MEMBER OBLIGATIONS
1) SUBSCRIPTION REQUIREMENTS
Members must:
- be at least 18 years
old.
- be solely responsible
for determining if use of a particular dial-up
number will cause you to incur long-distance,
toll, or other charges. GKG is not responsible
for any long-distance, toll or other telecommunications
charges you incur. Toll-free (800 #), international,
and simultaneous login access costs are extra.
Current prices for GKG's Services are posted
throughout our website at http://www.gkg.net.
GKG reserves the right to change prices and
institute new fees at any time upon 30 days
prior notice.
2) PAYMENT OBLIGATIONS OF A MEMBER.
- Members must:
- provide GKG with
accurate and complete billing information
including legal name, address, telephone
number, and credit card/billing information,
and
- report to GKG all
changes to this information within thirty
(30) days of the change. Members are responsible
for any charges to their account.
- Fees for your Service
are supplied to you during the ordering process
and/or registration process, and as may be updated
on the Web site.
- Members having questions
regarding charges to an account should contact
GKG's Customer Service Department at (800) 617-0412.
All charges are considered valid unless disputed
in writing within fortyfive (45) days of the billing
date. Adjustments will not be made for charges
that are more than 45 days old.
- You agree to pay the
GKG charges for your Service. Activation fees,
installation fees, equipment charges and other
non-recurring charges, if applicable, will be
included in your first month's bill. Charges
are billed to Members' credit cards or debit
cards, as applicable. Monthly recurring charges
will be billed one month in advance of Service;
usage charges will be billed in arrears, if
applicable. GKG is not responsible for any charges
or expenses (e.g for overdrawn accounts, exceeding
credit card limits, etc.) resulting from charges
billed by GKG.
- If you purchase Services
through a reseller who in turns pays GKG, the
reseller must pay all amounts owed for your
account. If the reseller fails to pay GKG any
amounts dueÑwhether or not you have paid the
resellerÑyour account will be subject to suspension
or cancellation until you or the reseller has
paid all amounts due.
- If any portion of your
bill is not paid by the due date, GKG may charge
you a late fee on unpaid balances and may also
terminate your Service without notice. In the
event GKG utilizes a collection agency or resorts
to legal action to recover monies due, you agree
to reimburse GKG for all expenses incurred to
recover such monies, including attorney's fees.
While delinquent accounts may be suspended or
canceled at GKG sole discretion, charges will
continue to accrue until the account is canceled.
GKG may bill an additional charge to reinstate
a suspended account.
- The waiver of any fees
or charges lies solely in the discretion of
GKG
3) MEMBER'S ACCOUNT, PASSWORD, AND
SECURITY.
Upon registration, Members receive a username, password,
and account designation. You and members of your
household or business are the only authorized users
of your GKG account and must comply with this Agreement.
You must keep your password confidential so that
no one else may access the Services through your
account. You must notify GKG immediately upon discovering
any unauthorized use of your account. Your account
must never have a simultaneous login. This means
that multiple users dialing into the same account,
at the same time.
GKG may change its POP numbers at any time. GKG
reserves the right to direct Members to use certain
numbers to access the Service or to restrict use
of specific access numbers. Usernames, passwords
and email addresses are GKG's property and GKG may
alter or replace them at any time.
4)
GENERAL PROVISION
- GKG will not be liable
for delays, damages or failures in performance
due to causes beyond its reasonable control,
including, but not limited to, acts of a governmental
body, acts of God, acts of third parties, fires,
floods, strikes or other labor-related disputes,
or an inability to obtain necessary equipment
or services.
- GKG's failure at any
time to insist upon strict compliance with any
of the provisions of this Agreement in any instance
shall not be construed to be a waiver of such
terms in the future.
- You agree not to assign
or otherwise transfer this Agreement in whole
or in part. Any attempt to do so shall be void.
- Notices required under
this Agreement by you shall be provided in accordance
with the methods set forth in this agreement.
Notices by GKG to you shall be deemed given:
- when sent to your email
address, or
- when deposited in the United
States mail addressed to you at last-known
address or
- when hand delivered to your
home, as applicable.
Notice of changes to these Terms of Service will
be deemed given upon posting to the Web sites. With
regard to electronic communications, you and GKG
further agree:
- An electronic communication
(e.g., 'email') sent containing your UserID
establishes you as its originator and has the
same effect as a document with your written
signature on it.
- An electronic communication
(e.g., 'email'), or any computer printout of
it, is a valid proof of the validity of the
original content of the electronic communication.
SECTION III. PRIVACY
POLICY
GKG is strongly committed to protecting the privacy
of consumers and has developed the following privacy
policy to set forth steps that will be taken by
GKG to protect our customers.
1) INFORMATION
ABOUT YOU
GKG specifically requires personal contact information
about you when you sign up to use any service. We
need certain information -- such as name, Internet
address or screen name, billing address, type of
computer, credit card number - in order to provide
that service to you. We may also use that information
to let you know of additional products and services
about which you might be interested. You can choose
not to receive such information if you don't want
to by letting us know on the registration screen
when you sign up for the product or service.
2) DISCLOSURE
We do not use or disclose information that you are
required to provide GKG, such as your name, address,
email address or telephone number, to any outside
companies. GKG may provide Internet usage information
or personal information with appropriate law enforcement
agencies as it pertains to an ongoing investigation.
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