Miscellaneous

1. In the event that any provision of this Contract is held to be unenforceable, the remaining provision shall remain in full force and effect and shall be construed in accordance with Nebraska law as nearly as possible to reflect the original intentions of the parties.
2. The failure of kdsi to insist upon or enforce strict performance of any provision of this Contract shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and kdsi, or between kdsi and any other user of kdsi Internet access services nor any trade practice shall act to modify any provision of this Contract.
3. kdsi may modify this Contract from time to time by sending a notice to you by U.S. Mail or by e-mail. Your continued use of the kdsi Internet access services following notice of such modification shall be deemed to be your acceptance of any such modification. To be valid, the notice of modification must contain a specific reference to this subparagraph 7C and must be originated by for the purpose of informing you of the modification of this Contract. No other communication, whether oral, in writing, or by e-mail, shall be effective to modify this Contract or to add to its terms and conditions in any way. It is your responsibility to check your e-mail regularly to determine whether this Contract has been modified. If you do not agree to any modification of this Contract, you must immediately stop using the kdsi Internet access services.
4. This Contract may be assigned by kdsi in connection with the transfer of kdsi Internet access services business to any other entity. This Contract may not be otherwise assigned or transferred by kdsi or by you. Any attempt on your part to transfer or assign all or any portion of your rights or obligations under this Contract shall be void and shall constitute good cause for the termination of this Contract by kdsi.
5. This Contract shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the kdsi Internet access services must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. You and kdsi hereby agree that the courts of the State of Nebraska and the federal courts situated in the State of Nebraska shall have exclusive jurisdiction of any action arising under any theory of law or equity under this Contract or the services of kdsi.
6. This Contract constitutes the entire agreement between you and kdsi with respect to the kdsi Internet access services, it supersedes any and all prior communication between you and kdsi and it may be amended only as set forth in subparagraph 7C above.