Subscribers' Responsibilities

4.1. Certain of the activities set forth above cause alarms that could require KDSI to take action. Account holders should be aware, however, that normal use and software will not set off such alarms.

4.2. Use of an KDSI account or service in an illegal manner is grounds for immediate termination of such account. Users should be aware that KDSI views such activities very seriously and may disclose prohibited activities to law enforcement agencies, including the Federal Bureau of Investigation, with whom KDSI will fully cooperate. KDSI will cooperate with appropriate law enforcement agencies involved in investigating instances that may be reported to such authorities by subscribers or other users who believe they are being subjected to potentially unlawful harassment.

4.3. KDSI reserves the right to conduct its own investigation of suspected violations of this AUP.

4.4. In addition to the other actions described herein, KDSI may take one or more of the following specific actions:

4.4.1. delete files if the storage fee is due and unpaid, if such files have not been accessed for more than one (1) month or if such files exceed the permitted size;

4.4.2. disable a customer's account if irresponsible newsgroup postings by such use result in large numbers of complaints to an KDS Internet News Administrator;

4.4.3. for each day upon which a user transmits the same or substantially similar messages to 50 or more recipients or 15 or more newsgroups, charge $10 per day for intentional violations, which may be waived if accidental, and $200 per day for willful violations;

4.4.4. charge any account holder who uses such account to transmit unsolicited, commercial e-mail, $150 per violation or aggregate of violations:

4.4.5. charge non-dedicated, dial-up accounts $0.50 per hour for each whole hour and part of an hour of use in excess of 60 or 120 hours in a calendar month; or $1.00 per hour for each whole hour and part of an hour of use in excess of 300 hours in a calendar month;

4.4.6. log instances of abuse;

4.4.7. where feasible, implement technical mechanisms which block multiple postings to newsgroups;

4.4.8. change an account holder's password to maintain integrity of the network; and

4.4.9. terminate the account of an offending customer If KDSI is banned from any server.

4.5. Untimely payment of any and all amounts due may result in account cancellation and the incurrence of additional charges. In the event that an account is temporarily inactivated as a result of any prohibited activities, the account may be subject to reactivation charges and/or deposit requirements to be determined by KDSI.

4.6. Each account holder understands and acknowledges that KDSI has the right to terminate any account for any reason that KDSI interprets as an abuse of the account and such account holder will be liable for any and all costs incurred by KDSI as result of such abuse.

4.7. KDSI will review alleged violations of this AUP on a case-by-case basis. Violations which are not promptly remedied may result in disciplinary action, including referral to appropriate authorities for civil or criminal prosecution. KDSI's decisions in all such matters are final. KDSI does not assume any liability to any account holders, users or others for its failure to enforce this AUP.

4.8. Nothing herein is to be construed to limit KDSI's remedies in any way, to recover costs, identify and remove offenders, levy cancellation charges or pursue any other remedies at law or in equity.