"KW" refers to K W Communications
"User" refers to the person or entity with Internet and/or telephone service (future) provided by KW.
"Services" refers to any and all KW services provided to the user over the Wireless Broadband System.

Service Description

KW provides wireless services. These services are distributed over the Wireless Broadband Network.

Provision of Services

By completing the attached application, user requests that KW provide user with the services selected on the application. User agrees to pay for such services via Credit Card which will be automatically drafted on the day of the month the original billing started from service activation and thereafter on a month to month basis, or until the service is canceled as specified in the Cancellations section of this agreement.

User understands and agrees that he or she is fully responsible for the use of the Services by User or by anyone User may permit to use the Services and for any connection and/or usage charges associated with this account and agrees to take all reasonable precautions to safeguard services including account/passwords from unauthorized use.

Equipment

User understands that the Customer Provided Equipment installed at the users premise will remain the property of KW with the exception of those paying the $200 at time of signing. The equipment is warranted for 30 days under normal wear and tear.

User also understands that any equipment not paid in full must be returned to KW in good working order upon termination of the service agreement by either party. Failure to do so may result in user's account being charged the full retail price of the equipment in question, as well as any applicable service charges.

KW will not warranty the service should any other equipment be used other than that recommended and/or sold by KW.

Billing and Payment

The recurring monthly fee does not include any current or future sales tax or regulatory fees required by governmental or regulatory agencies. Such taxes and fees will be added to the monthly recurring fee when appropriate.

User agrees to provide KW with a current billing address and telephone number and to advise any change of address. Failure to do so may result in interruption of service.

Credit Card Billing - Recurring monthly charges are billed to user's credit card on the day of the month the original billing started from service activation.

Cancellations

Charges will accrue until such time as the user notifies KW of their desire to cancel services. User must notify KW by email to fmckay@kellyandwilmore.com or in writing to KW Communications at 2701 Green River Drive, Owensboro, KY 42303.

Cancellations must be received before the credit card draft date to avoid charges for that month. Cancellations become effective on the next billing date following the month in which they are received. No refunds will be issued for the month in which the Services are canceled. Current username & password must be provided to cancel account. Upon receipt of a cancellation by KW, KW may reply to customer requesting additional information or confirming cancellation. This is for user's protection as well as KW's.

KW will not refund and applicable shipping & handling fees, technical fees, or any one-time installation fees. No refunds will be made for the Services offered as part of a special promotion package, including Services paid in advance. Early cancellation of term agreements will result in an early termination fee of $99.

Warranty Disclaimer/Liability of KW

KW monitors our network 24 hours a day / 7 days a week and responds immediately to network outages. However, KW is dependent upon third-party vendors for provision of services that are vital to network access and cannot make guarantees as to the availability and speed of network access. User understands that the use of User's KW account or services or any data or information accessed using that account, will be completely at User's own risk. Any liability of KW, including without any limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, line failure, theft of KW equipment, destruction of KW equipment, unauthorized access into KW facilities, alteration of recourse, whether for breach of contract, malicious or otherwise unlawful behavior, or under any other cause of action, shall be limited to the amount paid by or on behalf of the user to KW for services during the current month. User agrees that KW shall have no liability for any consequential, indirect, special, or incidental damages regardless of the success or effectiveness of other remedies.

Indemnification

User agrees to defend, indemnify and, hold KW and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from, any violation of this Agreement by User or those who access the Services through User's account, or the use of the Services and the placement or transmission of any message, information, software, audio files or other materials on the Internet by User or by those who have access to the Services through User's account.

Law and Jurisdiction

User understands and agrees the laws of the State of Kentucky govern these Terms of Service and users KW account. User expressly agrees that exclusive jurisdiction for any claim or dispute with KW or relating in any way to User's account or use of KW resides in the courts of Kentucky. User further agrees and expressly consents to the exercise of personal jurisdiction in the courts of Kentucky in connection with any such dispute, including any claim involving KW or its affiliates, subsidiaries, employees, contractors, officers, or directors.

Complete Agreement: Amendments

This Agreement represents the complete agreement between KW and User with respect to the subject matter of this Agreement, and supersedes any other written or oral agreement. User understands and agrees that KW may amend or modify this Agreement or impose new conditions at any time. User may view current agreement at www.kwcomm.com. User will be notified in writing of any major modifications to agreement.

Use of Personal Information

User's failure to observe any of the limitations or obligations in this Agreement may result in civil or criminal liability. KW does not disclose user information in the normal course of business. However, identifying information will be provided to law enforcement or judicial agencies upon the receipt of a subpoena. KW reserves the right, in its sole discretion, to refuse to discuss a User's account or use of the Internet with any person. KW also reserves the right to disclose identifying information to law enforcement agencies in a situation deemed to be potentially life threatening and immediate action is required. KW does not sell user information.

Usage

User understands that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising (SPAM), or posting to inappropriate newsgroups, or other inappropriate actions may cause severe operating difficulties for KW, and could be cause for termination of User's account. In most cases, KW will issue one warning for such abuse. KW reserves the right to terminate the Services and User's account at any time, for any reason, including, but not limited to, User's failure to abide by the terms of this Agreement.

Internet Access pricing is based on the expected average bandwidth usage for an end-user. Periodic utilization of maximum bandwidth is expected, however frequent or consistent excessive bandwidth usage is not permitted as it may interfere with service to other customers. In the event the customer is frequently exceeding acceptable bandwidth utilization, the account owner will be notified. A request will be made to upgrade the customer's service agreement or to modify the activity creating the excess use, or the account may be terminated without recourse to KW. Resale of service is prohibited, unless agreed to in writing.

Appropriate Use of Services

User agrees to maintain User's password as private and confidential information. User agrees to use the Services in a way that conforms with all applicable State and Federal laws and regulations, including, but not limited to, laws and regulations pertaining to copyrighted or obscene material. User specifically agrees not to make any attempt to gain unauthorized access to any systems or networks. User agrees that User will not use the Services or the KW web site to publish, post, distribute or disseminate another's proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. User understands and agrees that KW reserves the right to immediately remove (with or without terminating User's account) from any web site User establishes on KW's server any material or information which infringes another's property rights or is deemed inappropriate by KW. Accounts which are used for unsolicited commercial email (UCE), SPAM, or engage in harassment of others via email, newsgroups or other methods, are subject to suspension or termination without prior notice or customer consent at the sole discretion of KW. KW reserves the right to cancel service for any reason without prior notice.

Shareware/Freeware

All shareware/freeware accessible from KW is provided "as is," with no warranty, expressed, written, or implied. Technical support for all shareware/freeware accessible from KW is the responsibility of User. User is responsible for all licensing and registration of software including shareware/freeware available from KW and/or other Internet services accessed through KW.

Security

User understands that the information available through KW or interconnecting networks may not be accurate. User understands that some of the information available through KW or interconnecting networks may be intended for adult audiences. User understands that internetworking communications are not secure, and may be subject to interception or loss. KW makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available through or stored on the KW network, KW equipment or Services, or other Internet equipment or Services.

Warranty Disclaimer

Speed and quality of connection experienced by customers may vary and depends on several factors including traffic on the Internet, destination on the Internet. User understands KW is dependent upon third-party vendors for provision and cannot make guarantees as to the availability and speed of network access.