Acceptable Use Policy
KarnesEC.net, Inc. was founded based on the goal of providing affordable, reliable and fast access to the Internet for all of its customers in south central Texas. Since its beginning, KarnesEC.net has accomplished this goal by continually investing in the latest technology and telecommunications infrastructure, maintaining a customer-to-modem ratio at a level that minimizes busy signals for our dial-up customers, and monitoring and maintaining our high-speed Internet systems to make certain that we are proving quality service for our broadband customers.
In addition to investing in new technology, additional phone lines, and additional high-speed equipment, KarnesEC.net is asking that its customers also be courteous users of the Internet access system. By being courteous users, KarnesEC.net, Inc. can better insure that all customers have equal access to the Internet and all of its resources. For our dial-up customers, this courteousness includes disconnecting from the system when you are not actively using it, limiting concurrent sessions to one per user name, appropriately using e-mail, and not posting inappropriate or disruptive information on web pages. For our high-speed customers, this courteousness means using the system in a manner that complies with the plan you are on.
Unlimited Dial-Up Access vs. Dedicated Dial-Up Access
As part of KarnesEC.net’s service, it provides unlimited access to the Internet and e-mail. The phrase “unlimited access” is intended to mean access to the Internet and all of its resources whenever a user is actually present at his or her computer or Web TV and accessing information. Unlimited access does not include a dedicated connection to one of KarnesEC.net’s modems. Dedicated access is defined as access to the Internet and all of its resources on a continuous basis whether or not the user is actually present at his or her computer or Web TV.
Because KarnesEC.net does not know whether a user is “physically” at his or her computer or Web TV, it will adopt a policy defining dedicated access as the use by an account for more than eight consecutive hours a day. If an account uses the Internet for more than eight consecutive hours a day, such account will be asked to upgrade to a dedicated dial-up account. A user who intentionally misuses the system in an attempt to avoid the intent of this policy may be disconnected.
Concurrent Dial-Up Sessions
All dial-up accounts provided by KarnesEC.net are single user accounts. This means that only one user name and password is given per account. KarnesEC.net is aware that customers may have more than one computer set-up with the same user name and password. However, only one of these computers should be connected at a time. If KarnesEC.net determines that a user name is being used concurrently on a routine basis, it will contact the customer to determine if he or she would like to add an additional account or refrain from using the user name at the same time.
Compliance with Appropriate High-Speed Plan
KarnesEC.net maintains its high-speed network based on expected use under our existing rate plans. If at any time it is determined that an individual’s usage of bandwidth is beyond what is expected, we reserve the right to upgrade you to a plan that more accurately reflects your usage, or refuse service.
Inappropriate Use of Email
The following are considered to be inappropriate email uses and may subject a user to termination:
- Using KarnesEC.net’s mail servers to send bulk e-mail.
- Repeatedly sending someone email with the intent of overloading his or her account.
- The distribution of chain letters.
- The dissemination of any illegal material.
Web Page Content
If a user’s web page housed on KarnesEC.net’s web server is deemed to be inappropriate or disruptive by KarnesEC.net, access to such page may be suspended until the user removes or changes the page.
Copyright Infringement
KarnesEC.net is committed to complying with U.S. copyright law. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on Web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, KarnesEC.net will remove or block access to the allegedly infringing material hosted by KarnesEC.net. If you believe in good faith that a notice of copyright infringement has been wrongly filed, you may submit a counter-notice to KarnesEC.net. KarnesEC.net customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at KarnesEC.net's sole discretion. KarnesEC.net will not be a party to disputes over alleged copyright infringement.
If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page or other material hosted by KarnesEC.net is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with KarnesEC.net's designated agent in the manner described below.
By Mail: KarnesEC.net
Attn: Legal Department, DMCA Correspondence
825 E. Sarah DeWitt Dr. | P.O. Box 118
Gonzales, TX 78629
By Email: DMCA@gvec.org
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit KarnesEC.net to locate the material;
- Information reasonably sufficient to permit KarnesEC.net and/or another service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(For more details on the information required for valid DMCA notification, see 17 U.S.C. 512(c)(3).)
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Counter-Notification Procedures
After receiving a notification of alleged infringement, KarnesEC.net will remove or disable access to the material hosted by KarnesEC.net that is claimed to be infringing or claimed to be the subject of infringing activity. At the same time, KarnesEC.net will provide the Internet service account holder(s) affected (the "User(s)") with a copy of the notice. User(s) may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. Please be advised that you may be held liable for damages if you make material misrepresentations pursuant to federal law in the counter notification. When we receive a counter notification, we may reinstate the material in question.
To file a counter-notification, User(s) must provide a written communication with KarnesEC.net's designated agent in the manner described below.
By Mail: KarnesEC.net
Attn: Legal Department, DMCA Correspondence
825 E. Sarah DeWitt Dr. | P.O. Box 118
Gonzales, TX 78629
By Email: DMCA@gvec.org
For your counter-notification to be valid under the DMCA, you must provide the following information:
- Identify the material that KarnesEC.net has removed or to which KarnesEC.net has disabled access and the location at which the material appeared before it was removed or access to it was disabled.
- Provide your name, postal address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located, or if your address is outside of the United States, the judicial district in which KarnesEC.net is located (the Western District of Texas), and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
- Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the paper or affix an electronic or digital signature to the communication in a form reasonably acceptable to KarnesEC.net.
Upon receipt of a counter-notification in compliance with the DMCA, KarnesEC.net will provide the person who provided the initial notification of claimed infringement with a copy of the counter-notification promptly.
After receipt of the counter-notification, KarnesEC.net will generally replace the removed material and cease disabling access to it, unless KarnesEC.net's designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material.
Policy Updates
KarnesEC.net has adopted this acceptable use policy in an effort to establish reasonable standards for the use of its service. These standards are typical among Internet Service Providers and are put in place by KarnesEC.net for the mutual benefit of its customers. This policy may be updated from time to time to reflect changes in the operations of KarnesEC.net, Inc. or the Internet. Please check back on occasion to determine if there have been changes to this policy.