See also Terms and Condition of Sale

This document outlines KatyNet's conditions of Acceptable Use. The user agrees to abide by these rules as a condition of use. By using the services provided by KatyNet, the Customer acknowledges that he or she has read and understands these policies and agrees to be bound hereby.

1. Changes to Acceptable Use Policy:

1. KatyNet notifies users of changes to its Terms and Conditions of Sale and Acceptable Use Policy via email sent to the members of its Points Of Presence Mailing lists. Users that are not signed up for a POP Mailing List will not be sent notification.

2. Changes to the Terms and Conditions of Sale and/or the Acceptable Use Policy take effect 30 days after the changes have been posted to KatyNet's web site or upon renewal of the customer's account, whichever is shorter.

3. The customer has the option of canceling their account should they decide that any changes to the user policy are unacceptable to them. However, KatyNet is not obliged to refund any pre-paid charges to the customer as a result of any such cancellation.

4. Continued use of KatyNet's services following changes made to the Terms and Conditions of Sale or the Acceptable Use Policy shall be considered acceptance of those changes.

1. The Customer agrees that it is their responsibility to maintain the confidentiality of their password. This includes the responsibility to change their password on a regular basis. The Customer acknowledges that KatyNet will not normally prompt or remind them to change their password at regular intervals.

2. The Customer agrees to select a password that is non-trivial, and cannot be easily guessed based upon personal knowledge of the Customer (ie, the Customer's name), and is not listed in a dictionary. Good passwords consist of 6 to 8 alphanumeric characters of mixed upper and lower case.

3. The Customer agrees that they are not to share their password with any unauthorized person, and that sharing their password is equivalent to giving that person permission to use their account.

4. The Customer agrees that they will be held responsible for the actions of anyone using their account with their permission, including the cost of any goods or services ordered and the penalties for any violations committed.

1. KatyNet reserves the right to deny the customer access to files stored on its servers and to review their contents in order to determine if violations of the Terms and Conditions or the Acceptable Use Policy have occurred.

2. Email messages sent and received by KatyNet customers are stored as files on the KatyNet servers, and are thus subject to the above policy.

3. It is the Customer's responsibility to keep backups of their own important files.

4. KatyNet does back up its servers and does keep backups of customer files, but these backups are intended for hard disk and file system emergencies and are not meant to protect an individual Customer's files from accidental or intentional deletion. In short, keep your own backup copies on your own system and do not depend on KatyNet's system backups. If you fail to do so, the risk is yours to take and the consequences are yours to deal with.

5. When an account is deleted, either by KatyNet or by the Customer, the files stored by that account on KatyNet's servers may be deleted and will not be recovered for the customer. KatyNet may, at its option archive the customer's files for it's own use, and may deny the Customer access to those files if the situation warrants.

1. KatyNet wishes to safeguard the privacy of customer files (including email), however the sanctity of files stored on KatyNet's servers should not be assumed. KatyNet system administrators have access to any and all files stored on KatyNet's servers and may review the contents of those files (including email) to determine if crimes or violations of the Acceptable Use Policy have occurred, or to diagnose system problems, or for any other reason.

2. KatyNet does not assume legal responsibility for the privacy of files stored on its servers. Sensitive information should be protected by strong encryption. It is the Customer's responsibility to obtain, learn, and use encryption software if they plan to use KatyNet's servers to store or transmit sensitive information.

1. Any act which results in the disruption of service to other KatyNet Customers or to other Internet users will subject the Customer to immediate account cancellation without refund for pre-paid services, and may subject the Customer to liability for the cost of services lost, plus the costs of investigation.

2. Any act which results in a loss of enjoyment of service to any other KatyNet Customer or to other Internet users may subject the Customer to disciplinary action up to and including account cancellation without refund for pre-paid services.

3. Loss of enjoyment of service need not involve an interruption in the use of service, and can include any action which makes the service less enjoyable for that person to use. Annoying, harassing, or threatening communications to other Internet users are examples of acts which may result in loss of enjoyment of service to other Internet users.

1. Any attempt to gain unauthorized access to any system, either on KatyNet's network or any other network, will subject the Customer to disciplinary action up to and including, but not limited to, immediate account cancellation without refund for pre-paid services, and may subject the Customer to liability for damages caused and costs incurred by the unauthorized access or attempt to gain unauthorized access. Customer also agrees to reimburse KatyNet's costs associated with investigating the incident.

2. Any unauthorized attempt to read another user's files (including email) on KatyNet's servers is considered hacking and will be treated as such under the above provision.

1. The Customer agrees not to transmit unsolicited commercial email ("UCE") messages to any KatyNet or Internet user via their KatyNet account or via any other Internet connection that in any way implicates KatyNet.

2. The Customer agrees not to include their KatyNet email address in the body or header of any unsolicited commercial email message.

3. The Customer agrees not to include the URL of any web site hosted by KatyNet in the body or header of any unsolicited commercial email message.

4. Customers found to be in violation of this policy in the sole and final determination of KatyNet will be subject to immediate suspension and eventual termination of the Customer's account without refund for pre-paid services.

5. The Customer agrees that KatyNet may charge the Customer $10 per intended recipient of any message sent in violation of this policy to compensate KatyNet for the loss of its good will and good reputation in the Internet community and for the time spent by KatyNet staff tracking the Customer's identity, deleting any of their messages remaining on KatyNet's mail server, and responding to complaints from recipients of the unsolicited commercial email.

6. The Customer agrees that KatyNet may store their name, address, and other personal information in a private database for the purpose of refusing to grant them future access to KatyNet's services if KatyNet determines that the Customer has violated this policy.

7. The Customer agrees that KatyNet may share their name, address, and other personal information with other Internet Service Providers and notify them that the Customer's account at KatyNet has been terminated for transmitting unsolicited email should KatyNet determine that the Customer has violated this policy, and that these ISPs may choose to refuse to grant them new accounts as a result.

1. The Customer acknowledges that any goods or services not clearly identified as being sold by KatyNet are offered by third parties via the Internet.

2. The Customer acknowledges that all transactions involving third parties are solely between the Customer and the third party and do not involve KatyNet in any way.

3. KatyNet makes no warranties or representations whatsoever regarding goods or services offered by third parties via the Internet, and shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of third parties or the Customer.

4. KatyNet makes no warranties or representations whatsoever regarding goods or service offered by Customer via the Internet, and shall not be liable for any cost or damage arising either directly or indirectly from any action or inaction of the Customer or third parties.

5. Furthermore the Customer agrees to indemnify and hold KatyNet harmless from any lawsuits, claims, damages, liabilities, or expenses (including reasonable attorney's fees in connection with the investigation, defense, or settling of any loss, claim, damage, action or proceeding) to which KatyNet may become subject to or arising out of the purchase or sale of goods and/or services by the customer via the Internet.

6. If the Customer is found to be fraudulently offering goods or services via the Internet using their KatyNet account, KatyNet reserves the right to terminate the account without notice and without refund of any pre-paid charges.

1. The Customer agrees not to impersonate a KatyNet staff member for any purpose, including, but not limited to, obtaining private information from users of KatyNet or of other Internet Service Providers and Online Services.

2. Impersonation of a KatyNet staff member may subject the user to disciplinary actions, including, but not limited to termination of the service agreement without refund and charges calculated to compensate KatyNet for the loss of good will and good reputation among the Internet community.

3. KatyNet will cooperate fully with law enforcement authorities in cases where a Customer impersonates a KatyNet staff member in such a way as to defraud other users of KatyNet or the Internet or violate any other federal, state, or local law or international treaty and will seek the assistance of various law enforcement agencies when it becomes aware of such activities.

See also Acceptable Use Policy.

This Agreement is made by and between KatyNet. ("KatyNet"), a Texas Company, and the Customer. By using the services provided by KatyNet, the Customer acknowledges that he or she has read and understands these terms and conditions and agrees to be bound hereby: 1. Access to Internet:

1. KatyNet shall provide the Customer access to the Internet subject to the terms and conditions of this Agreement.

1. This Agreement shall be effective as of the date the Customer's account is activated and shall continue for a minimum term of three months, unless properly terminated by the Customer by one of the methods provided for below or by KatyNet.

2. This Agreement shall then be automatically renewed for successive periods unless terminated by the Customer with proper notice as provided below.

1. The Customer may terminate the agreement any time within the first 21 days of the term of service, unless their account is first terminated by KatyNet for violation of the Acceptable Use Policy, or breach of the Terms of Service by the customer, or for the customer's notice to KatyNet of their intention to violate the Acceptable Use Policy or breach the Terms of Service.

2. After the first 21 days the agreement will be in effect for the length of the term for which the customer has pre-paid unless it is terminated by KatyNet as provided for below.

3. At the end of the term for which the customer has pre-paid the customer may terminate the agreement by written notice to KatyNet 30 days prior to the end of the pre-paid term. Notice given to KatyNet less than 30 days prior to the end of the pre-paid term may subject the customer to extra fees incidental to processing or refund of renewal charges. KatyNet will not issue a refund to a Customer that has not provided written notice of cancellation before the end of their previous pre-paid term.

4. The Customer agrees that KatyNet has the right to delete all data, files, or other information which is stored in the Customer's account if the account is terminated for any reason by either the Customer or by KatyNet.

1. For the first term of service, payment for setup charges and recurring access charges for the agreed upon pre-paid term are due when the order is received by KatyNet for processing, and in advance of the granting of access.

2. Payment for renewal, including recurring access charges for the agreed upon pre-paid term are due one week in advance of the end of the current pre-paid term.

3. Special charges, or charges accrued during prior periods are due upon receipt of invoice by the Customer.

4. Accounts will be automatically billed for any extra charges accrued during the service period.

5. All accounts are subject to suspension of service for non-payment within the specified terms.

6. Accounts that have been suspended for non-payment for more than 5 days are subject to deletion and termination of the service agreement.

1. Special charges, as applicable, will be calculated for billing purposes by rounding up to the nearest significant unit. Connect time, CPU time, disk storage space, and megabytes of data transferred are examples of criteria subject to minimum billing increments.

2. Such increments shall be solely determined and set by KatyNet.

1. Accounts may not be transferred to other persons or used by anyone other than the Customer.

2. The customer may permit the use of their account by members of their immediate family living in the same household as the customer. The customer may not share their account or allow their account to be accessed by anyone not currently living in the same household as the customer.

3. Customers determined to be in violation of this provision in the sole and final judgment of KatyNet are in violation of their Terms of Service and are subject to termination of the agreement by KatyNet without refund of any kind.

4. If the Customer provides their username and password to any other person, and that person uses that username and password to gain access to KatyNet's system for any purpose, that person is using the account with the Customer's knowledge.

5. Customers that allow their accounts to be used by anyone other than the customer, including an immediate family member, are responsible for the actions of that person while they use the account and for any extra fees or charges they may incur by taking advantage of services which incur an extra charge or by violating the Acceptable Use Policy and/or the Terms of Service, even when the Customer has not given them explicit permission to do so.

1. The Customer agrees not to transmit or store any information, data or material which (i) violates any federal, state or local statute, rule or regulation or the common law, (ii) is protected by copyright or trademark, (iii) is a trade secret, (iv) is obscene, (v) is threatening or abusive or (vi) is libelous.

2. The Customer agrees to abide by the Acceptable Use Policy and to be bound by the terms of the Acceptable Use Policy in addition to the Terms of Service.

3. The Customer agrees to pay any charges incurred by any violation of the Acceptable Use Policy either by themselves or by any other person using the account with their knowledge.

1. The Customer agrees to indemnify and hold KatyNet harmless from any lawsuits, claims, damages, liabilities, or expenses (including reasonable attorney's fees in connection with the investigation, defense, or settling of any loss, claim, damage, action or proceeding) to which KatyNet may become subject to or arising out of the actions of the Customer or any person using the Customer's account with the Customer's knowledge, even when the Customer has not given them explicit permission to do so.

2. This indemnification provision shall survive any termination of the Customer's account, either by the Customer or by KatyNet.

1. KatyNet reserves the right to terminate service to the Customer if KatyNet, in its sole discretion, determines that the Customer has violated the terms of this Agreement (the Terms of Service) or KatyNet's Acceptable Use Policy or the Acceptable Use Policy of any other network, or uses the account in defamatory, fraudulent, or deceptive ways, or uses the account in a manner which is intended to threaten, harass, or intimidate, or interferes with other subscribers' use and enjoyment of the services provided by KatyNet.

2. In the event of such termination, user shall be liable for any costs incurred by KatyNet regarding the investigation of the violation.

3. KatyNet reserves the right to withhold some or all of the monies paid for services, in the event of violation of this agreement.

1. The Customer has been advised and acknowledges that the Internet may contain information, materials and language which may be deemed adult in nature and inappropriate or offensive.

2. The Customer is further advised that there is no effective way to limit access to certain materials on the Internet.

3. The Customer is solely responsible for all information received, transmitted, and/or stored through the use of their account either by themselves or by anyone using the Customer's account with the Customers knowledge as provided for above.

4. The Customer shall be responsible for supervising any minor who may use the service provided by KatyNet.

5. The Customer releases KatyNet from and agrees to indemnify KatyNet against any and all claims, losses or expenses relating to such information, materials and language.

1. KatyNet makes no warranty, either express or implied, regarding any information, product or service provided to or received by the Customer under this Agreement or as to the availability, accuracy or content of information, products or material sent or received by means of the services provided by KatyNet or as to service interruptions or network downtime. KATYNET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

1. The Customer agrees that KatyNet's liability shall in no event exceed the fees paid by the Customer for the services provided under this Agreement.