General Use Policy

Kricket Internet Services, LLC of 336 Center Street, Marksville, Louisiana 71351. If you are a subscriber to Kricket Internet Services you are subject to these Terms and Conditions and other operating policies incorporated herein and referred to as the Acceptable Use Policy and Billing Policy. These Terms and Conditions are specifically described below and considered executed upon your acceptance of this agreement.

You represent that you are at least eighteen years of age and that you are solely and entirely liable for all activities conducted through your account. You may permit another individual in your immediate household to use your account subject to your supervision and with the assumption of any resultant liabilities. As certain material available through the Internet may not be suitable for minors, Kricket Internet Service strongly recommends close parental supervision of all Internet activities of household minors.

You are responsible for providing, operating and maintaining the necessary cabling, computer hardware and software used for this service at your site. All local access installation and dialup costs are your responsibility. It is understood that Kricket.net does not normally own or control the various cable, telecommunications or other facilities to which it may provide access, except those specifically installed by Kricket.net or control them, which is normally your local telephone company.

Subscribers of Kricket Internet Service are required to provide full monthly payments either in person at Kricket Internet Service offices or a registered agent, through credit card or by automated bank draft. Service will commence upon receipt of validated credit card and/or bank draft authorization in payment of all applicable service fees. Henceforth, Kricket.net will debit your credit card or bank account one time per month; you shall commit to Kricket.net through cash or check the full service cost payable immediately upon Service Commencement.

These Terms and Conditions shall extend from the initial Service Commencement date for on period, as defined by the duration of the billing plan you selected at sign-up, and shall continue period-by-period based upon your use of the service until you cancel the service. Kricket Internet Service is automatically renewed for a second contract period unless you specifically disconnect from the service. You shall remain responsible for all relevant fees for any service used. Relevant fees refer to the pricing structure published by Kricket.net at the time of your subscription to any specific service. You are responsible for notifying Kricket.net of any changes in your name, billing and/or service address, credit card and/or bank draft information. Termination of Kricket Internet Service must be made in writing and received in the Kricket Internet Service business office via U.S. Postal Service, fax or email communication. It is incumbent upon you to ensure receipt of request for termination. Kricket Internet Service reserves the right to terminate this account for any unlawful use. As a subscriber of Kricket Internet Service, you specifically waive the right to sue or ability to subrogate those rights for any losses.

All notices given by you or required under these Terms and Conditions shall be in writing and addressed to Kricket Internet Service, 336 Center Street, Marksville, Louisiana 71351, or faxed to (318) 240-8885, ATTN: Billing Department or sent via email to billing@kricket.net. No other methods of communicating termination are acceptable.

You shall not sell, transfer, or assign these terms and Conditions without the prior written consent of Kricket Internet Service. Any act in derogation of the foregoing shall be null and void: provided, however, that any such assignment shall not relieve you of your obligations under these Terms and Conditions.

Kricket Internet Service exercises no control whatsoever over the content of the information accessed through the Internet or any content sent or received via Kricket Internet Services email services. Kricket Internet Services makes no warranties of any kind, whether expressed or implied, for the service it is providing. Kricket.net also disclaims any warranty of merchantability or fitness for a particular purpose, and any obligation to maintain the confidentiality of information, although Kricket Internet Service current practice is to utilize the reasonable efforts to maintain such confidentiality. Kricket.net will not be responsible for any damages you suffer from use of this service. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber error or omissions, or due to inadvertent release or disclosure of information sent by you. Use of any information obtained via Kricket Internet Service is at your own risk. Kricket Internet Service specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Kricket Internet Service may not be used for unlawful purposes. Transmission of any material in violation of any Local, State, Federal or International Regulation(s) is prohibited. This includes, but is not limited to: copyrighted material, material legally judged to be threatening or obscene or material protected by trade secret. Each party agrees to indemnify and hold each other harmless from any claims resulting from your use of the service, which damages you or another party.

The use of Kricket Internet Service to transmit certain kinds of information (including without limitation, computer software and other technical data) may violate export control laws and regulations of the United States, whether that information is received abroad or by foreign nationals within the United States. As stated earlier, Kricket.net exercises no control whatsoever over the content of information passing through the Internet and/or its own email service, hence the entire burden of complying with such laws and regulations rests with its subscribers and their assigns. You agree to comply with such laws and regulations and to indemnify and hold Kricket Internet Service harmless from any damages it may suffer resulting from any violation of the export control laws of the United States.

Neither party shall be liable to the other for any loss, damage, liability, claim or expense arising out of or in relation to these Terms and Conditions or the provision of Kricket Internet Services, however caused, whether grounded in contract, tort (including negligence) or theory of strict liability. In no event shall either party be liable for any loss of data or profits through use of Kricket.net, or for any special, incidental, indirect or consequential damages arising out of or in relation to these Terms and Conditions.

All service to be provided by the Customer either in part or in total through Kricket Internet Service is subject to relevant State, Federal and International regulations. If these same services are offered through other networks, Kricket Internet Service accepts no responsibility for their authorization. Kricket Internet Service or other relevant authorities may determine inappropriate usage of services and access may be revoked at the discretion of Kricket Internet Service.

Any access to other networks connected to Kricket Internet Services may require approval of the respective network authorities and said access and use will be subject to any acceptable usage policies such networks establish.

If any provision of these Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these Terms and Conditions will remain in full force and effect.

These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. As a subscriber, your use of Kricket Internet Service constitutes acceptance of these Terms and Conditions. These Terms and Conditions may be modified by Kricket Internet Service at any time and any such modifications will be posted here for your review. Continued use of Kricket.net following such modifications constitutes acceptance of these Terms and Conditions, as modified. To the extent of any conflict between these Terms and Conditions and Kricket.net's Acceptable Use Policy and Billing Policy, these Terms and Conditions shall take precedence. Kricket Internet Service encourages you to regularly check these Terms and Conditions online through http://www.kricket.net/terms_of_service.htm, or by contacting the Kricket Internet Service business office and requesting a copy of this document.

These Terms and Conditions shall be deemed to have been made in Avoyelles Parish, Louisiana, and shall be construed in accordance with the laws of the State of Louisiana. All actions or proceedings relating, directly or indirectly, to these Terms and Conditions shall be litigated only in courts located within Avoyelles Parish, Louisiana.

These Terms and Conditions represent the complete agreement and understanding of the parties with respect to the subject matter herein, and supersede any other agreement or understanding, written or oral.

ACCEPTABLE USE POLICY
We believe that how you use our system and the Internet is your affair. We assume that you will be able to transfer files, use mail, use the World Wide Web, and other Internet services freely. It is our intention to provide you with unlimited Internet access via Kricket Internet Service (barring disruptions beyond our control). We reserve the right to impose limits in the event of unusually heavy volume. In other words, as a community of Internet users, we cannot allow one user's over-zealousness to ruin the systems' performance for everyone else. We may, in rare instances, have to restrict your usage of our disk space or bandwidth if it threatens our system's security or stability. We reserve the right to bring the systems down occasionally for brief maintenance. We also reserve the right to prohibit activities that in our judgment have the potential to damage other customers or our service. So that your use and every other users use is as enjoyable as possible, we strongly urge you to:

1. Closely monitor the activities of any household minors using your account. There is material available through the Internet that is inappropriate for access by minors. To assist you in your supervision of household minors' use of the Internet.
   
2. Not use your account for "junk" mailings to people who have not requested the mail. We must also prohibit the posting of commercial messages to Usenet news groups where the messages are irrelevant to the subject, or grossly inappropriate, or posted in bulk.
   
3. Not use your account to send, copy, or forward chain letters. When money is involved, chain letters are against the law.
   
4. Not allow anyone else outside your immediate family to use your personal account.
   
5. Not login to multiple concurrent sessions. You may not have more than one computer logged in at any one time.
   
6. Not attempt to gain unauthorized access to or tamper with any part of our network, attempt to gain unauthorized access to or tamper with any other network, or attempt to gain unauthorized access into other users' account, either on our network or on other networks. You may not try to see or tamper with data on our systems that belong to other users or to the administrators. This includes, but is not limited to mail, files, and programs. Not harass other users through your account.
   
7. Not distribute and/or store illegal copies of commercial software. Not use your account for commercial purposes, specifically marketing or selling products through your account or homepage.
   

Nothing contained in this policy will restrict any additional action taken by Kricket. Termination is at the discretion of Kricket.

BILLING POLICY
Service fees are due on the 1st of each month. Accounts which are past due on the 15th of the month will incur a $5.00 late fee. Accounts which remain past due on the 20th of the month are subject to be deactivated. Deactivated accounts will incur an additional $25.00 reactivation fee.

CANCELLATION POLICY
If you wish to cancel your membership with us, you must inform us in writing by either emailing us at billing@kricket.net; writing us at Kricket Internet Service, 820 North Preston Street, Marksville, LA, 71351; or by faxing us at 318.253.6131.

Please include your full name, address, phone number, and login name and password. Cancellation will take effect within 24 hours of receipt of your request. If you cancel near the end of your billing period, you may be inadvertently charged for the next month's fee. In that event, contact billing at 1-877-KRICKET to have the charges reversed. No other refunds will be provided. Kricket reserves the right to collection fees, surcharges or costs incurred before your cancellation takes effect.