At Kinex Telecom, Inc., we are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please email us at firstname.lastname@example.org.
What information do we collect?
We collect personal information that you provide to us such as name, address, contact information, passwords, login credentials, security data and payment information.
- Personal information can include: Name, email address, mailing address, phone numbers
- Credentials can include: Usernames, passwords, password hints and challenges
- Payment data can include: Credit and Debit card numbers, bank routing information
All of this information is collected strictly in the interest of providing services to our customers. Customer make a good faith effort to provide complete and accurate information and it is up to the customer to update Kinex Telecom Inc. in case of any changes.
How do we use your information?
The use of your information is pretty straightforward. We use it in providing services to you. Beyond that we would only use it to enforce our terms, conditions or policies or comply with legal requests like subpoenas.
Will you my share information with anyone?
We do not share information with any 3rd parties. We only share information with your consent and to comply with laws.
How long do you keep my information?
For as long as you have business with us. When we have no ongoing legitimate business need to process your personal information, we will fully delete your information from our systems.
Do you collect information from minors?
Do you track what sites we visit on the internet?
No. In compliance with legal requests like subpoenas, we may provide the ip address(es) and personal contact information to law enforcement.
How can you contact us about this policy?
If you have questions or comments about this policy, you may contact us by email, phone or post:
Kinex Telecom, Inc.
PO Box 562 Farmville, VA 23901
Internet Services Agreement
1. Users of Kinex Telecom, Inc. services are required to comply with, and by using any such facilities, agree to comply with and be subject to Kinex Telecom, Inc. Internet Service Agreement, hereby known as the “agreement”. Kinex Telecom, Inc. reserves the right to amend these Conditions and Policies at any time.
2. Subject to the provisions hereof, the account will be opened upon receipt of payment together with this contract, and repeated in each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from User at least 10 days prior to the beginning of the next billable period. The initial and minimum term of this Agreement is for 1 month unless otherwise specified.
3. Payments & Prices
3.1. Payments shall be made monthly or otherwise by prior arrangement. Charges for “billable period” services are payable prior to the beginning of each period. The billable service period begins on the date the services indicated in this agreement becomes available to the User.
3.2. If Kinex Telecom, Inc. should receive less than its invoice amount, Kinex Telecom, Inc. will re-invoice User for the shortfall. In the event that any amount remains unpaid thirty (30) days after presentation of invoice, Kinex Telecom, Inc. may discontinue, withhold, or suspend services to User.
3.3. All prices for services provided by Kinex Telecom, Inc. to Dealer are US dollars. Payment shall be made in US dollars to Kinex Telecom, Inc. into the account designated by Kinex Telecom, Inc., or as may otherwise be agreed in writing by the parties. Payments are due upon presentation of invoice. Should payment in full of any invoice (aside from such shortfalls) not be received by Kinex Telecom, Inc. within thirty (30) days after presentation, Kinex Telecom, Inc. will impose a debt service charge amounting to one percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. Failure to pay because service has been cancelled or suspended in no way relieves the User’s obligations to make full payment. Finance charg es will continue to accrue.
3.4. User hereby agrees to pay any and all attorney fees, court costs, and related expenses incurred by Kinex Telecom, Inc. in the collection of any amount due it.
3.5. Kinex Telecom, Inc. may, with 30 days notice, amend the rates and/or charges for any future server usage and/or services.
4. Limitation of Kinex Telecom, Inc.’s Obligation & Liability
4.1. Kinex Telecom, Inc. will utilize its best efforts to maintain acceptable performance of services contracted for services, but Kinex Telecom, Inc. makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Kinex Telecom, Inc. cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Kinex Telecom, Inc. will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Kinex Telecom, Inc. shall not be liable to Users including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Kinex Telecom, Inc.
4.2. Kinex Telecom, Inc. may discontinue servicing any Plan, or may require fulfillment of conditions. Kinex Telecom, Inc. may choose to impose as a prerequisite for continuing to service any Plan. Such discontinuation or requirement may not be unreasonable, however, and Kinex Telecom, Inc. agrees to provide User with reasonable notice via Email and fax of any such intent to discontinue or impose conditions.
4.3. Services provided by Kinex Telecom, Inc. to Reseller shall be deemed accepted for all purposes thirty days after presentation of invoice for such services, if no written claim or objection regarding such services has been received by Kinex Telecom, Inc. within the 30-day period. No claim related to such accepted services shall be raised.
4.4. Kinex Telecom, Inc. ‘s liability to User, and any end user of any Plan or other Kinex Telecom, Inc. services is limited to the amount paid to and received by Kinex Telecom, Inc. for services not accepted. In no event shall Kinex Telecom, Inc. be liable to User, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if Kinex Telecom, Inc. has been advised of the possibility of such damage.
4.5. User will take all necessary measures to preclude Kinex Telecom, Inc. from being made a party to any lawsuit or claim regarding Kinex Telecom, Inc. services provided to any User or end user. User hereby agrees to indemnify and hold harmless Kinex Telecom, Inc. from any and all claims of whatever nature brought by any of User’s customers against Kinex Telecom, Inc. in excess of the remedy set forth in paragraph 4 .
5. All orders are subject to acceptance by Kinex Telecom, Inc. Kinex Telecom, Inc. will only host sites that are legal in the US. We reserve the right to deny service to any domain, especially sites engaging in email spamming, bulk emailing, flaming & illegal pornography. Reseller agrees to same. Kinex Telecom, Inc. expects its Users to treat the Internet resource with respect.
5.1. Subscribers violate our policy and the Services Agreement when they, engage in the following activities:
5.1.1. Unsolicited E-Mail & UseNet Mailings (Spamming) — Unsolicited, commercial mass emailing (known as “spamming”) is a strongly disfavored practice among Internet users and service providers.
5.1.2. Copyright Violation — Violation of copyrights held by individuals and corporations or other entities
5.1.3. Distribution and/or Transmission of Obscene or Indecent Speech or Materials — Violation of indecency and obscenity laws.
5.1.4. Defamation — Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the ISP whose facilities were used to distribute the defamatory material.
5.1.5. Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities
5.2. At Kinex Telecom, Inc. discretion, access to Kinex Telecom, Inc. Internet service may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Kinex Telecom, Inc. and its officer’s are deemed as authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
6. This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. Kinex Telecom, Inc. may make changes to this agreement upon thirty (30) days’ written notice to User, advising of the change and the effective date thereof. Utilization of Kinex Telecom, Inc. services by User and/or its customers following the effective date of such change shall constitute acceptance by User of such change(s), unless User objects in writing to such changes, in which case the changes shall not take effect until there is written consent to other arrangements by both parties.
7. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Virginia, United States of America, and the courts of Prince Edward County shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.
V.1.1 (Dated November 30, 2002), Revised October 30, 2012
Master Services Agreement
1. PROVISION OF SERVICES
(a) This Master Services Agreement (“MSA”), including any addenda or amendments, is made by and between Customer and Kinex. “Kinex” means Kinex Telecom, Inc. Customer must submit a service order form, work invoice, or other form of order for service, equipment or materials incorporating this MSA to Kinex (“Service Order”). The Service Order will specify telecommunications services ordered from Kinex, including but not limited to voice, data, and information services (together, “Services”), equipment or materials to be sold, licensed or leased to Customer (collectively, “Customer Premises Equipment or CPE”), delivery location (the “Premises”), prices, and term commitments for the Services. This MSA and the Service Order together are referred to as the “Agreement”.
This MSA shall be effective on the date the Service Order incorporating this MSA is executed by Customer and Kinex. The term of the Service Order commences upon Acceptance of the Services (as defined below). At the end of the initial term for the Service Order, the term shall renew for successive one year renewal terms until terminated pursuant to this Agreement. Either party may prevent renewal of this Agreement by providing at least 30 days written notice to the other party prior to the end of the initial term or a renewal term.
3. DELIVERY OF SERVICES
Kinex will use commercially reasonable efforts to deliver Services by a requested date. “Acceptance” shall mean the earlier of the actual use of the Services by Customer, or 10 days after completion of testing of the Services. Upon reasonable notice by Kinex to Customer, Customer shall provide Kinex access to the Premises to deliver the Services. Kinex retains title to all CPE not specifically sold to Customer. Kinex reserves the right to interrupt the Services for maintenance or repair, and will use commercially reasonable efforts to coordinate with Customer to minimize any impact.
4. BILLING AND PAYMENT
Billing for the Services commences upon Acceptance. Customer shall pay Kinex all invoices within 30 days after the invoice date. Kinex shall bill monthly in advance for the Services and each invoice shall include: (a) the fixed monthly recurring charges (“MRCs”), all nonrecurring charges, including, but not limited to, installation or repair fees, (“NRCs”) and any usage based charges from the prior period; (b) all current and future taxes, fees and surcharges, however designated, imposed on or based upon the provision, sale, or use of the Services; (c) interest calculated at 1.5% monthly (or the highest rate allowed by law) on amounts not paid within 30 days after invoice date; and (d) all other charges or fees set forth herein. Should Customer elect to dispute an invoice, it must do so by written notice to Kinex within 90 days after the invoice date. Such notice of dispute may be sent to: (i) Kinex, Attn: Billing Dispute Department, 110 Fourth Street, Farmville, Virginia 23901.
5. CUSTOMER OBLIGATIONS
Customer shall: (a) not use the Services or CPE of Kinex in any unlawful way or for any unlawful purpose; (b) comply with the Acceptable Use Policy posted at www.kinextel.net; (c) ensure compatibility of its equipment with the Services and CPE provided by Kinex and operate, maintain, and secure its own equipment and facilities; (d) provide and maintain safe and adequate electric power, equipment space, climate control, work conditions, access, and use of rights-of-way and facilities at the Premises; (e) reimburse Kinex for the replacement cost of any CPE that is damaged or stolen due to the negligence of the Customer; (f) return all CPE within 30 days of termination of this Agreement or pay Kinex for its replacement cost; (g) provide 60 days written notice to Kinex prior to moving any Services from the Premises or changing its business name; (h) arrange to terminate services from other service providers that are being replaced by the Services; (i) not resale or market the Services in direct competition with Kinex; and (j) defend, indemnify, and hold harmless Kinex against any and all damages or costs caused by Customer’s negligent or intentionally wrongful acts or omissions.
6. VOICE SERVICES
(a) Kinex measures calls in specified increments to two decimal points for each voice service and rounds up fractions to the next whole unit. (b) For each measured-rate call, Kinex bills the Customer a minimum of $0.01. (c) Any unlimited calling plan is strictly for typical business applications and Customer shall not use such services in connection with auto-dialers, internet dialing, fax blasting, telemarketing, call centers, party lines, or similar activities. (d) Unlimited calling is permitted up to a maximum of 5,000 minutes of toll calling per line within any one month service period. Average or forecasted usage beyond this threshold is presumed to be inconsistent with typical business voice applications and is prohibited. If Kinex determines that the usage is in violation as described herein, Kinex may take immediate action to enforce the restrictions, including, but not limited to, service suspension or moving such Services to a standard usage based service plan.
7. UNAUTHORIZED USE OF SERVICES
Customer shall bear the entire responsibility for, and risk of loss arising from, unauthorized, abusive, or fraudulent use of the Services. Kinex reserves the right, but is not required, to take any and all action it deems appropriate (including blocking access to the Services) to prevent any fraud or abuse in connection with the Services.
(a) Customer or Kinex may terminate the Services and this Agreement without any liability if: (i) any material rate, term, or condition for such Services or underlying facilities is substantially changed by a court, regulatory agency with competent jurisdiction, or third party provider; or (ii) the other party materially breaches this Agreement and the breaching party fails to cure an actual material breach within 30 days (or such longer time as may be required to cure any breach) after written notice. (b) Kinex may terminate this Agreement or suspend Services without any liability if: (i) after 10 days (or longer notice if required by law) written notice from Kinex, Customer does not pay all amounts due for any Services; (ii) Customer is involved in suspected of actual fraud, misrepresentation, or other violation of law; (iii) Customer becomes insolvent or bankrupt; or (iv) as otherwise set forth herein. If Kinex terminates this Agreement under this section, then Kinex will deem any or all Service Orders terminated by Customer and all remaining MRCs for the initial term or a renewal term and NRCs otherwise due herein shall become immediately due and payable. Kinex has sole discretion over restoring the Services.
9. ADDITIONAL CHARGES AND FEES
(a) If Customer cancels a Service Order before installation, then Customer shall pay Kinex any cancellation charges incurred by Kinex from other service providers plus three times the MRC for the cancelled Service Order (“Cancellation Charge”). (b) Upon 30 days advance written notice to Kinex, Customer may terminate any Service before its initial term or renewal term has expired (“Termination for Convenience”) and shall pay Kinex all amounts then due; cancellation charges incurred by Kinex from other service providers; all unpaid or waived NRCs; all discounts or installation credits received by Customer; and Termination Damages defined as (i) one hundred percent (100%) of the accumulative MRC remaining for the unexpired portion of the 1st through 12th month period of the initial or a renewal term; plus (ii) fifty percent (50%) of the accumulative MRC remaining for the unexpired portion of the 13th through 36th month period of the initial term; plus (iii) twenty-five percent (25%) of the accumulative MRC remaining for the unexpired portion of the period of the 37th through 60th month period of the initial term (collectively, “Early Termination Liability”). Early Termination Liability applies to any Termination for Convenience, unless Customer signs a new Service Order within 30 days of the Termination of Convenience notice with a higher MRC for similar Services and a new initial term of at least 36 months. Customer shall not dispute the validity of any Cancellation Charge or Early Termination Liability, including any assertion that such damages are penalties or are not reasonably related to actual damages. Page 2 of 2 P.O. Box 562 • 717 East Third Street • Farmville, VA 23901 • Phone: 434.392.4804 • Fax: 434.392.8955 www.kinextel.net MASTER SERVICES AGREEMENT
10. LIMITATION OF LIABILITY
(a) IN NO EVENT SHALL EITHER PARTY (OR ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, OR LOSS OF CUSTOMERS, CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THE AGREEMENT AND/OR THE PERFORMANCE OR NONPERFORMANCE HEREUNDER. (b) Kinex’s sole responsibility and entire liability and Customer’s entire remedy for any interruption of Services shall be the issuance of outage credits (if any) consistent with Kinex’s applicable tariff and/or any service level agreement provided by Kinex for the Services. In no event shall the outage credits exceed the total MRC for an affected Service during any single month nor shall Kinex’s accumulative liability for all claims arising out of this Agreement exceed the total amount paid by Customer to Kinex in the six month period preceding a claim. (c) Kinex shall not be liable under this Agreement for: (i) any breach or failure of performance under this Agreement that is caused by circumstances beyond its reasonable control, including but not limited to failure or disruption of any Services or failure or disruption of 911, E911, or medical alert service; (ii) any failure or interruption in Services caused by an act or omission of another person or provider furnishing any portion of the Services; (iii) any costs other than repair or replacement of the CPE in the event of failure; (iv) charges from Customer’s other service providers of any kind, including those related to the timely installation of the Services or any Confidential and Proprietary Page 2 of 2 Version 5.0 (May 09) interruptions during transfer from the other service providers; (v) any telephone numbers published or distributed by Customer prior or Acceptance of the Services; or (vi) any directory publishing error. (d) This section shall survive failure of an exclusive or limited remedy and termination of this Agreement.
THE QUALITY OF WORK PEFORMED HEREUNDER SHALL BE CONSISTENT WITH COMMON CARRIER INDUSTRY STANDARDS, GOVERNMENT REGULATIONS AND SOUND BUSINESS PRACTICES. KINEX MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
12. FCC DISABILITY REGULATIONS
The FCC addresses a variety of disability-related telecommunications matters, including telecommunications relay services, access to telecommunications equipment and services for people with disabilities. Kinex VoIP and Analog phone services comply with the regulations set forth by the FCC under the 21 st Century Communications and Video Accessibility Act.
Customer and Kinex agree not to disclose to a third party any non-public information regarding either party’s business that has been provided to the receiving party and designated confidential or proprietary (“Confidential Information”). Each party shall treat all Confidential Information with reasonable care and protect such Confidential Information as if such information was its own Confidential Information. This section does not apply to information already known to the receiving party, already in the public domain, rightfully obtained from a third party, or required by law to be disclosed as part of any court proceedings. The obligations in this section shall survive termination of this Agreement.
Kinex grants Customer a non-exclusive, non-transferable license to use computer software needed to deliver and use the Services and CPE (“Licensed Software”). Customer has no claim to ownership in any Licensed Software. Customer agrees not to copy, reverse engineer, decompile, disassemble, sell, lease, or license the Licensed Software, and not to create, write or develop any derivative works or other software based on Licensed Software.
15. TARIFF APPLICATION
Services may now be, or may later become, subject to Kinex’s tariffs filed with the Federal Communications Commission or another agency.
Notice to Customer may be directed to a contact listed in Kinex’s account information for Customer, whether delivered in person, sent by facsimile, sent by courier, sent by electronic mail, or sent by U.S. Postal Service. Customer shall immediately notify Kinex of any changes to Customer’s contact information. Notice to Kinex must be directed to either (a) Kinex, Attn: Legal Department, 717 East Third Street, Farmville, Virginia 23901. Notice shall be effective when sent.
17. GENERAL PROVISIONS
(a) This Agreement may only be amended in writing signed by duly authorized officers of both parties. (b) Service Orders and any authorized amendments may be executed in counterparts which together shall constitute a single agreement. (c) No specific waiver or failure to enforce any provision of this Agreement shall be deemed to constitute any permanent or general waiver. (d) If any term in this Agreement is held invalid or unenforceable in any respect, then the remainder of the Agreement shall not be affected and each term or condition of the Agreement shall be valid and enforceable to the fullest extent permissible by law. (e) This Agreement creates no partnership, joint venture, or agency relationship between the parties and results in no joint telecommunications service offerings. (f) Customer shall not assign or transfer any of its rights or obligations under this Agreement without Kinex’s prior written consent. (g) This Agreement shall inure to the benefit of and be binding against each party’s heirs, successors or assigns. (h) If Kinex seeks to enforce any term or condition of or related to this Agreement, then Kinex shall be entitled to payment of (in addition to other remedies) its reasonable attorneys, collection agency, investigative, arbitration and/or court, costs and fees. (i) This Agreement shall be interpreted, construed and enforced in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws principles. (j) Descriptive headings used herein shall not affect the construction or interpretation of the Agreement. (k) Kinex may verify and use Customer’s credit information as needed. (l) Customer certifies that any information provided to Kinex is true and accurate to the best of its knowledge. (m) This Agreement shall remain in full force and effect if Customer moves to an area not served by Kinex or if Customer decreases or ceases any or all of its business operations, regardless of whether notice is provided.
Open Internet Disclosure Statement
OPEN INTERNET DISCLOSURE STATEMENT KINEX TELECOM, INC. (“COMPANY”) PROVIDES THE FOLLOWING DISCLOSURES WHICH ARE INTENDED TO PROVIDE INFORMATION REGARDING THE NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS OF COMPANY’S INTERNET ACCESS SERVICES SUFFICIENT FOR CONSUMERS TO MAKE INFORMED CHOICES REGARDING THE USE OF SUCH SERVICES AND FOR CONTENT, APPLICATION, SERVICE, AND DEVICE PROVIDERS TO DEVELOP, MARKET AND MAINTAIN INTERNET OFFERINGS. THESE DISCLOSURES SHOULD BE READ IN CONJUNCTION WITH COMPANY’S “ACCEPTABLE USE POLICY” (“AUP”), AVAILABLE AT https://kinextel.net/terms/
Company seeks to provide subscribers with a consistently high-quality online experience. The bandwidth and network resources employed to deliver high-speed Internet service are limited and shared among users and thus it is essential that Company be able to efficiently manage our network in a manner that is designed to deliver the greatest benefit to the greatest number of subscribers. To this end, we can and do employ various “network management” tools and techniques that are commonly used in the industry to protect consumers from activity that can unreasonably burden our network and may cause service degradation, including security attacks and network congestion.
These network management tools and techniques may include detecting malicious traffic patterns and preventing the distribution of viruses or other malicious code, limiting the number of peer-to-peer sessions a user can conduct at the same time, limiting the aggregate bandwidth available for certain usage protocols such as peer-to-peer and newsgroups, rate limiting of email, rejection or removal of “spam” or otherwise unsolicited bulk email, port blocking, measuring subscriber bandwidth usage, bandwidth allowances, traffic prioritization and other tools and techniques as Company may from time to time determine are appropriate. New network management techniques are being developed on an ongoing basis and Company may elect to use some or all available network management techniques on a temporary or as-needed basis.
The network management tools and techniques employed by Company do not and will not target specific usages or applications (such as peer-to-peer) and instead focus in a content-neutral manner on bandwidth usage in real time, with the goal of providing reasonable and equitable access to the network for all similarly situated customers. In other words, to the extent that the use of network management practices may affect the performance or other characteristics of Internet service, they are designed to affect all similarly situated customers equally.
The use of network management tools and techniques to conserve bandwidth may cause certain users to notice slower Internet performance, such as longer download and upload times or slower responses while surfing the Internet or playing games. The effects of network management typically will be noticeable only for a brief period of time, if at all. While it is not possible to predict in advance precisely when Company will determine that conditions warrant the activation of various network management tools and techniques or the impact such techniques may have on performance or other characteristics of Internet service, Company anticipates, based on its experience and that of others in the industry, that use of network management tools and techniques will be rare.
Company does not discriminate against or block you or other users of its service from sending and receiving the lawful content of their choice; running lawful applications and using lawful services of their choice; or connecting their choice of legal devices, provided that such applications and services are able to interoperate with the Company’s equipment, do not harm the network or the provision of Internet access service, facilitate theft of service, or harm other users of the service. Similarly, Company does not impair or degrade particular content, applications, services or non-harmful devices so as to render them effectively unusable, subject to the reasonable network management practices outlined herein. Company does not throttle traffic or allow any affiliated or paid prioritization. If congestion occurs, only voice is prioritized, and it is a first in/first out congestion algorithm. Other traffic will be slowed/dropped until the congestion alleviates itself.
As described above, Company reserves the right to employ network management practices, e.g., to prevent the distribution of viruses or other malicious code, as well as to block, in accordance with applicable law, transfer of unlawful content such as child pornography or the unlawful transfer of content.
Company also employs certain practices to protect the security of our customers and our network from unwanted and harmful activities. Company monitors equipment for port scans, authentication attacks (login, dictionary and otherwise) and a variety of other attempts to access our equipment network. Company has automated systems that alert to unauthorized access. Automated systems are in place to deny access to remote IP addresses. Remote system administrators are alerted of possible compromised systems and/or attacks. When security measures are employed, they may affect performance characteristics of service or the ability to access certain suspicious websites, but such measures are employed in a manner designed to have non-discriminatory impact on all similarly situated customers.
Company provides fiber optics, DSL and what is known as a “fixed broadband” Internet access service designed to provide the capability to transmit data to and receive data from all or substantially all Internet end points. Fiber Optic and DSL are considered acceptable for VoIP traffic (wireless is too jittery for consistent service). This does not affect last-mile capacity or capabilities. There may be some impact on traffic but is minimal (less than 5% impact). Company offers multiple packages of Internet access service for residential or commercial use with speeds of 768 kb/s x 384 kb/s up to 1Gb x 1Gb, features and bandwidth usage limitations that may affect the suitability of such service for real-time applications. Speeds offered are actual and within 95% of the advertised speed. The features, pricing and other commercial terms of our service offerings are modified from time to time, and not all packages are available in all areas. Each package is priced to reflect the particular speed, features and bandwidth usage limitations of that package. Full descriptions of currently available packages and pricing can be quoted on the Company’s website at https://kinextel.net/.
Tools for subscribers to measure Internet performance are available at websites like http://fast.com or http://www.speakeasy.net/speedtest/.
[Note that the results of these tests can and are influenced by a subscriber’s home network configuration and equipment and may have built-in biases and flaws. Consequently, the results of these tests should not be regarded as precise measurements of performance or as guarantees.]
Advertised speeds and other performance characteristics are subject to numerous factors including variances in network usage and third-party inputs, and thus are provided on a best efforts basis and cannot be guaranteed. Among the factors that may impact the actual speed that a subscriber experiences are (i) the capabilities and capacities of the customer’s computer and/or local area network (LAN) devices such as wireless routers; (ii) latency (i.e., the time delay in transmitting or receiving packets as impacted in significant part by the distance between points of transmission); (iii) the performance of the content and application providers the consumer is accessing, such as a search engine or video streaming site; and (iv) performance characteristics of transmissions over portions of the Internet that are not subject to Company’s control. Additionally, the Company’s services are offered, in part, over unlicensed frequencies that are sometimes also used by unaffiliated, third party providers and users, and while infrequent, those entities use of such frequencies may impact the performance characteristics of Company’s at particular times.
Company currently devotes portions of its broadband network to services other than Internet service and Company may introduce additional such services in the future. Examples of such “specialized services” include voice/VoIP (phone) and video offerings. [Because all specialized services offered by Company are provided on discrete portions of our network, separate and apart from the bandwidth devoted to Internet service, our specialized service offerings will not impact the capacity available for, or performance of, the broadband Internet service provided.]
As noted above, Company offers multiple service options, the pricing and other terms and conditions of which can be found at https://kinextel.net/. Nothing herein is intended to supersede or modify any of the terms and conditions of service as applicable to a particular customer. Internet packages are offered as part of a service contract between you and the Company. The duration of these service contracts varies. In the event that a service contract is terminated by the customer prior to its specific end date, the customer may be responsible for payment of an early termination fee in the amount of the remainder of the contracted balance plus any fees assessed by the carrier and/or described in customer’s contract with the Company.
Complaints, concerns and questions about the Company’s network management practices may be directed to our Customer Service Department, which can be contracted as follows:
Kinex Telecom, Inc.
Attn: Customer Service
717 East Third Street
Farmville, VA 23901
Customer Service: 434-392-4804
Company provides a support line for both technical and billing where customers may speak to a live person 8-5:30 M-F ET and 9-1:00 p.m. on Saturdays at the above number or toll free at 888-392- 4804. Customers may e-mail to reach out for 24×7 support.
Support FAQ’s and a self-service portal are provided from the main website: https://kinextel.net/ In addition, the Federal Communications Commission has established processes for addressing formal and informal complaints. For more information, see http://www.fcc.gov/guides/gettingbroadband.