General Terms and Conditions of Service

This agreement represents the complete understanding between Kaballero.com and the account holder and supersedes any other written or oral agreement. Upon notice published online, Kaballero.com can modify or amplify these terms and conditions, modify service prices, as well as discontinue or change any of the services offered.

Continued use of Kaballero.com services constitute agreement to the terms and conditions and any modifications to these terms and conditions thereof. If you do not agree to these terms and conditions, please notify us immediately at 804.436.9428, so we may initiate closure of your account and refund your initial set-up fees if notification is within 7 days of sign up.

Provision of Services

1. Kaballero.com will provide services on its network to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document.
2. Kaballero.com services are defined as the use by the account holder of computing, telecommunications, software, and information services provided by Kaballero.com. These services also include the provision of access to computing, telecommunications, software, and information services provided by others using the Internet.
3. Kaballero.com exercises no control whatsoever over the content of the information passing through. Kaballero.com makes no warranties of any kind, whether expressed or implied, for the service it is providing. Kaballero.com also disclaims any warranty of merchantability or fitness for a particular purpose. Kaballero.com is not responsible for any damage you suffer. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained using Kaballero.com services is at your own risk. Kaballero.com specifically denies any responsibility for the accuracy or quality of information obtained through its services.
4. Kaballero.com will publish a notice of fee increases 10 days before such increases take effect.
5. The service starting date is the day on which Kaballero.com activates the account.
6. Account holder understands that the service is automatically renewed unless terminated by the account holder or by Kaballero.com. Kaballero.com reserves the right to change its fees at any time, but must inform the account holder at least 10 days prior to the new rate. Kaballero.com reserves the right to terminate any account in violation of any term of this agreement.

Use of Material

1. Public Domain materials (for example, images, text, and programs) may be downloaded or uploaded using Kaballero.com services. Account holders may also redistribute materials in the public domain. The account holder assumes all risks regarding the determination of whether the material is in the public domain.
2. As provided by United States federal law and by international treaties, copyrighted materials (for example, images, text, and programs) cannot be uploaded using Kaballero.com services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright cannot be distributed to others. Copyrighted material cannot be changed nor can the author attribution notices nor the copyright notices be modified.

Acceptable Use

1. The account holder agrees to use the services provided by Kaballero.com as permitted by applicable local, state, and federal laws. The account holder agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
2. The account holder agrees not to use any process, program, or tool using Kaballero.com services for guessing the passwords of account holders on this or other systems. The account holder agrees not to use the services to make unauthorized attempts to access the systems and networks of others.
3. Kaballero.com and connecting networks can be used by account holders to conduct legal businesses. These businesses should, however, not infringe upon the use of Kaballero.com services by other account holders. Services should not be used to send bulk unsolicited advertising or promotional materials to other network users.
4. No unsolicited email should be sent by account holder. Unsolicited email is construed as email sent to an individual or group where the recipient or recipients have not specifically requested information or a response. Email includes information of any kind, advertisements, literary works, graphics, voice and video files, and any other material that can be contained in current or future implementations of email.
5. Account holder cannot use their Internet account to harass or abuse other members of the Internet community or for any unlawful purpose.

Intellectual Property

1. The Services and equipment, together with any hardware or software provided by, or behalf of Kaballero.com, for Customer’s use in connection with Services, together with all intellectual property embodied, incorporated, or associated therein or therewith, and all information, documents and materials on Kaballero.com’s website(s) are owned or licensed by Kaballero.com (all of the foregoing, “Kaballero.com Intellectual Property”), and are protected by trademark, copyright  or other intellectual property laws and international treaty provisions.
2. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of Kaballero.com are and shall remain the exclusive property of Kaballero.com and nothing in this Agreement shall be construed to grant Customer the right or license to use any Marks.
3. Customer acknowledges and agrees that Customer is not granted a license or right or to use any Kaballero.com Intellectual Property other than a limited, nontransferable, revocable license to use such Kaballero.com Intellectual Property in connection with Customer’s use of the Services as necessary to access the Internet, provided that such use is in strict compliance with the terms of this Agreement.
4. Any other use by Customer of any Kaballero.com Intellectual Property shall constitute a material breach of this Agreement entitling Kaballero.com to immediately terminate this Agreement in addition to all other remedies available at law or in equity (including, without limitation seeking injunctive relief).
5. Customer agrees that under no circumstances shall it reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of any Kaballero.com Intellectual Property.

Equipment

1. Kaballero.com shall provide certain equipment necessary to access and utilize the Services to the Customer, including antenna, wiring and Base Station receiver ("equipment”). This equipment remains the property of Kaballero.com. Customer is responsible for any and all losses, repairs or damages to the equipment following installation, regardless of cause. Customer agrees that the equipment shall remain at all times at the Customer’s premises at the time of installation (the “Premises”). Under no circumstances shall Customer remove, uninstall, modify, or change the location of any of the equipment, or attempt any of the foregoing actions. In addition to Customer’s indemnity obligations under Section 14 below, Customer forever waives and releases Kaballero.com and its employees, officers, agents, and representatives from and against any and all liability for any loss or damage (including death, bodily injury, and property damage) suffered or incurred by Customer or any other person as a result of any attempt by Customer, or any other person (except an employee or agent of Kaballero.com), to install, remove, uninstall, modify, or change the location of any of the EQUIPMENT.
2. KABALLERO.COM, BEING NEITHER THE MANUFACTURER, A SUPPLIER, NOR A DEALER OF THE EQUIPMENT, MAKES NO WARRANTY, EXPRESS, IMPLIED OR STATUTORY, TO ANYONE, AS TO THE FITNESS, MERCHANTABILITY, DESIGN, CONDITION, CAPACITY, PERFORMANCE OR ANY OTHER ASPECT OF ANY OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. KABALLERO.COM FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR LOSS, DAMAGES, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT. THE EQUIPMENT IS PROVIDED "AS IS".

Indemnification

1. The account holder acknowledges that Kaballero.com makes an honest effort to keep the information available on Kaballero.com' systems accurate. However, Kaballero.com can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Kaballero.com is at the risk of the account holder.
2. The account holder also acknowledges that the information available through the interconnecting networks may not be accurate. Kaballero.com has no ability or authority over the material. Kaballero.com can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Kaballero.com services is at the risk of the account holder.
3. The account holder agrees to indemnify and hold Kaballero.com harmless from any claims, including attorney's fees, resulting from the account holder receiving Kaballero.com services which cause direct or indirect damage to another party. 

Disclaimer of Warranties

KABALLERO SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. KABALLERO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. KABALLERO MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH KABALLERO OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY KABALLERO OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. KABALLERO AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, KABALLERO’S CUMULATIVE LIABILITY TO ANY MEMBER FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE YEAR PERIOD.

Account Cancellations

1. Cancellation requests for Kaballero.com accounts must be received in writing by email (to support@kaballero.com), fax, or postal service at Kaballero.com’s main office.
2. Term / Cancellation: Kaballero.com does not have service agreements and if the customer is not satisfied with service, may cancel at anytime without penalty.  A refund will be issued for any advance payments made to the account.
3. Kaballero.com may terminate your password, your email account, your account, or your use of Kaballero.com’s Services, for any reason, at its sole discretion.  Termination of service will be determined by either a violation of the General Terms and Conditions of Service Policy or by Kaballero.com’s sole discretion.  The account holder agrees to indemnify and hold Kaballero.com harmless from any claims, including attorney’s fees, resulting from the termination of your password, your email account, your account, or your use of Kaballero.com’s Services.  The account holder also agrees to indemnify and hold Kaballero.com harmless from any claims, including attorney’s fees, resulting from the removal of Kaballero.com’s equipment from the premise where it is located.  Equipment will be removed within 30 days of account termination.

Use of Service by Others

1. The Equipment and the Services are intended for the sole use of Customer, and Customer’s employees or authorized contractors who work at the Premises. All other use, sharing and reoffering, and all resale of the Services, is expressly prohibited.
2. Customer is responsible for compliance by all Users (as defined in the Acceptable Use Policy) with the terms of this Agreement and all applicable federal, state and local laws and regulations, and agrees to ensure that only Authorized Users access the Services.
3. Customer is, and shall be responsible for any misuse of Services or breach of this Agreement by all Users.
4. The Customer (a) shall not use the Equipment or the Services, except for Customer’s internal business purposes; (b) shall not make any part of the Services available to members of the public, including through the use of a wireless network or by providing or offering the Services to neighbors, or other tenants in a multi-tenant facility; and (c) shall not use, or make available, the service for the operation of an Internet Service or Service Bureau.

Abuse of Services

Users shall not use the Equipment or the Services:

1. To monitor data on any network or system without the prior explicit authorization of the administrator of that system or network.
2. To interfere with the service of any user, host or network, including deliberate attempts to overload a server, network connected device or network component.
3. To send unsolicited, mass electronic mail messages to one or more recipients or systems (“Spamming”).  Any electronic messages, which are sent in an unsolicited manner to ten (10) or more recipients, or any series of unsolicited electronic messages to a single user, qualifies as Spamming.
4. For illegal purposes or to further illegal activities, including without limitation, uploading, downloading, posting, distributing or facilitating the distribution of any material in any chat room, message board, newsgroup or similar interactive medium that:
• constitutes an unauthorized reproduction or display of copyrighted or other protected materials, or otherwise violates copyright or intellectual property laws;
• violates U.S.  export control laws;
• is threatening, abusive, harassing, obscene, defamatory, libelous, deceptive, fraudulent or invasive of another’s privacy;
• encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
5. To transmit any material or data in violation of federal, state or local law or regulation, including, but not limited to any copyrighted material or data, or material or data protected by trade secret or trademark laws.
6. To probe hosts or networks without the prior explicit authorization of the administrator of those systems. 
7. To breach the security of a host, network component or authentication system without the prior explicit authorization of the administrator of those systems.
8. To originate malformed data or network traffic that results in damage to, or disruption of, a service or network connected device. 
9. To forge data with the intent to misrepresent the origination user or source. 
10. To forge electronic mail headers (including any portion of the IP packet header and/or electronic mail address), or any other method used to forge, disguise, or conceal the user’s identity when using the Services (“Spoofing”). 
11. To use another Internet user’s electronic mail server to relay electronic mail without the prior explicit authorization from that third party (“E-mail Relay”).
12. To conceal, forge or otherwise falsify User’s identity in connection with any Services, or present a false identity to Kaballero.com when signing up for any Services.
13. Any use of Kaballero.com system resources that disrupts the normal use of the system for other Kaballero.com customers is considered to be abuse of system resources and is grounds for administrative intervention.
14. Depending on the nature and the severity of the abuse, the user may receive an email warning or the user's account may be suspended by Kaballero.com Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Kaballero.com Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Manager, and may require the payment of a service reconnection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified can appeal to the Manager.
15. Violations of any of the Kaballero.com terms and conditions of use are unethical and can be criminal offenses. You are expected to report to Kaballero.com any information you may have concerning instances in which the terms and conditions of use have been or are being violated. When Kaballero.com becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Kaballero.com can suspend access to services to the individual account in question. Confirmation of violations can result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Manager, following payment of a reconnection charge.