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Wheat State Telephone
(620)782-3341
Friday, May 16, 2008

Individual User Agreement

This is a contract between Wheat State Telephone Internet Services, a division of Wheat State Telephone, Inc. and the Subscriber for access to the Internet. The Subscriber agrees to the following Terms and Conditions:

  1. The Subscriber uses the Internet connection and any other information obtained by using the Internet connection at the Subscriber's risk. The Subscriber shall indemnify and hold harmless Wheat State Telephone Internet Service against any and all liabilities, damages and costs, including attorneys' fees and any telephone fees, that result from any claims or actions that are asserted by any third parties that arise in any way out of the Subscriber's use of software and/or of the Internet connection. Wheat State Telephone Internet Service makes no warranties of any kind, whether express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, with respect to the use or provision of the Internet connection.
  2. Wheat State Telephone Internet Service shall not be liable for the services it offers, including but not limited to the following:
    1. The compatibility of the system functions offered and the Subscriber's requirements.
    2. The reliability and/or performance of the services.
    3. The reliability of data and/or information transmitted through the local Wheat State Telephone Internet Service computers and through the Internet connection.
    4. Indirect, incidental or consequential damages (including lost data, information or profits) resulting from the use, operation or inability to use the system.
  3. The Internet allows access to certain materials that may contain language which some may find offensive or of an "adult" nature. The Subscriber and the Parent/Guardian of Subscribers under 18 years of age accepts that Wheat State Telephone Internet Service has no control over the placement of such materials on the Internet and that Wheat State Telephone Internet Service claims NO LIABILITY for their contents.
  4. Wheat State Telephone Internet Service reserves the right to immediately suspend or cancel the Subscriber's membership for improper use and/or conduct. At Wheat State Telephone Internet Service's sole discretion, improper use and/or conduct includes, but is not limited to,
    1. Violation of any Federal or State law.
    2. Storage or transmission of information, data or material protected by copyright, trade secret, or other statute.
    3. Using the network for making unauthorized entry into other computer networks, facilities or communication devices.
    4. Attempting to raise traffic levels for malevolent purposes (e.g., mail bombing, ping flooding, etc.)
    5. Activity deemed as harassment of individuals on the Internet as well as Wheat State Telephone Internet Service's local network or any other network user.
  5. The account may NOT be transferred or resold. The account may not be used by anyone other than the Subscriber. In addition the Subscriber is limited to one login per account at any one time.
  6. The Subscriber agrees to pay all billed amounts due Wheat State Telephone Internet Service.
  7. Wheat State Telephone Internet Service has the right to modify and change at any time its services, rates and policies and will communicate such to the Subscriber either in writing, by e-mail or posted on-line on Wheat State's World Wide Web page. Accounts can be canceled at any time by either Wheat State Telephone Internet Service or the Subscriber with written notice. It is the responsibility of the Subscriber to send their cancellation notice to Wheat State Telephone Internet Service's mailing address and to keep Wheat State Telephone Internet Service informed as to a valid mailing address to which a cancellation notice may be sent them.

This agreement shall be subject to and construed in accordance with Kansas law. Any action based in whole or in part on this agreement must be brought in an Kansas court of competent jurisdiction. If any part of this agreement is deemed to be illegal and/or against public policy, the remaining portions of this agreement will remain in full force and effect.


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