Acceptable Use, Terms and Conditions

These terms and conditions state important requirements regarding your use of KITEPILOT SOLUTIONS, LLC services. You should read them completely as they contain important information regarding your rights and ours.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY

Introduction. Please read these Guidelines for Acceptable Use carefully. Together with the Terms of Service and the other documents, agreements and materials incorporated therein (collectively referred to as the “Rules”), they govern your use of the Services provided to you by Kitepilot Solutions.

Content. While Kitepilot Solutions encourages and supports the free flow of information and ideas over the Internet, Kitepilot Solutions expects that you will act legally, responsibly and be considerate of others. Kitepilot Solutions reserves the right, but does not bear the responsibility, to prohibit or delete any conduct, communication or content which Kitepilot Solutions in its sole discretion determines to be unlawful, potentially harmful to others or may expose Kitepilot Solutions to harm or liability. By content, we mean the text, software, communications, images, sounds and other information provided online, hosted or transmitted in connection with or as a result of the Services provided to you. You agree that all claims, disputes or wrongdoing which result from, or which are related in any way to, the content of information that you transmit, re-transmit, host or receive through the Services are your sole and exclusive responsibility.

If you post, upload or transmit content or material to your personal website, or public areas (e.g. message boards, newsgroups, forums and public mailing lists), you are requesting Kitepilot Solutions to make such content available to others, and you understand that such parties may copy, modify or distribute such materials. Additionally, you are representing that you are the owner of such material or have authorization to distribute it anywhere, and you expressly grant Kitepilot Solutions the complete right to use, reproduce, modify and/or distribute the content in any form, anywhere.

Kitepilot Solutions does not generally monitor the conduct of its users nor communication or content distributed, hosted or posted through the Services, and you acknowledge Kitepilot Solutions is unlikely to be aware of violations of law or these Rules or other misconduct occurring through the Services. If you send an online communication (e.g., e-mail, posting, instant message), host or post any content, you bear full responsibility for the content. You are responsible for using reasonable efforts to screen any unwanted material and reporting any offensive or illegal communications to Kitepilot Solutions.

Unlawful Purposes. You may not transmit, distribute, host or store material, or participate in any conduct, that may violate any applicable local, state, federal or foreign law or regulation. This includes, without limitation:

• any unauthorized use of material protected by patent, copyright, trademark or other intellectual property right;

• material that is defamatory, obscene, constitutes an illegal threat or harassment, violates export control laws, or is used to commit fraud or any other activity that is prohibited by criminal or civil law;

• material that posts or discloses personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent; material that provides, sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods or services, escort services, instructions on making, assembling or obtaining illegal goods or weapons, information used to break, copyright, violate the trademark of or to destroy others’ property or information used to illegally harm any people or animals;

• material that exploits children under the age of 18;

• material that provides, sells or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods or services, escort services, instructions on making, assembling or obtaining illegal goods or weapons, information used to break, copyright, violate the trademark of or to destroy others’ property or information used to illegally harm any people or animals;

• material that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code, structure or sequence of the technology, altering copyright notices and attributes (unless you have written permission by the legal owner); or

• material or conduct which Kitepilot Solutions believes to be unlawful, offensive or harmful.

Notification of copyright infringement or any other illegal activity should be sent to:

Belinda Troconis, Kitepilot Solutions, LLC, 8025 Scenic Hwy, Rising Fawn, GA 30738

If you believe that material on the Service constitutes an infringement of copyright, you must provide Kitepilot Solutions with the following:

• a physical description or electronic signature of a person authorized to act on the copyright owner;

• a description of the copyrighted work that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the Service;

• your address, telephone number and e-mail address;

• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, the owner’s agent or the the law; and

• a statement by you, made under the penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

Trademarks, Logos, and Service Marks. The trademarks, logos, and service marks displayed on this website are registered and unregistered trademarks of Kitepilot Solutions and others. Nothing contained on the website should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the website without the written permission of Kitepilot Solutions or such third party that may own the trademarks displayed on the website.

Unwanted Materials, Offensive Content and Disabling Code. You may not transmit, distribute, host or store unwanted materials, offensive content, disabling code or any other materials that may impact the Service or user experience. This includes, without limitation:

• viruses, Trojan horse programs, logic bombs, worms and messages which include character sequences intended to control the recipient’s computer or display screen;

• make-money fast schemes, pyramid or chain letters;

• fraudulent offers, threats or harassment;

• postings to a newsgroup in violation of its rules, charter or FAQ;

• material that includes or contains links to nudity, pornography or foul language;

• material that is obscene, lewd, lascivious, excessively violent or otherwise objectionable;

• material that is racist or otherwise offensive to Kitepilot Solutions network and community, including material which aggravates, harasses, threatens, defames or abuses others such as bigotry, prejudice, racism or hatred and promotion, assistance or information of any type related to violence against governments, groups, organizations or individuals;

• storage of log files or non-HTML content unless expressly allowed as part of the Service;

• password-only, hidden, or restricted access pages unless expressly allowed as part of the Service; or

• any material, content, code, transmission or other use of the Service that would violate Kitepilot Solutions’ Rules.

E-mail Policy. You may not use the Services to violate any applicable law or regulation including violation of the CAN-SPAM Act, any other anti-spam law or any rule, policy or procedure of Kitepilot Solutions including, without limitation:

• sending any form of unsolicited commercial or bulk online communication;

• facilitating spam or collecting responses from spam;

• sending large volumes of unsolicited e-mail to individuals;

• sending threatening or harassing e-mail;

• incorporating a false subject line, false return address or false transmission path into an online communication;

• cross-posting excessive messages to newsgroups;

• sending chain letters;

• using e-mails to facilitate a pyramid scheme;

• sending a mail bomb (mail bombing is defined as the sending of numerous and/or unusually large files or messages to one or more recipients with malicious intent);

• sending threatening or harassing e-mails (harassment is defined as the sending of e-mails that are intended to interfere with an other’s enjoyment of the Internet);

• using your account as a substitute for storage devices or for any other use other than bone fide e-mail use;

• using any automatic process for sending or receiving e-mail;

• use your account for illegal peer-to-peer file sharing; or

• any other use of your account that would violate Kitepilot Solutions’ Rules.

Accounts may not be used as a dropbox or repository for responses for unsolicited advertisements (including, but not limited to, inquiries, complaints, unsubscribes or bounced messages). Violations will not prevent Kitepilot Solutions from terminating the offending account or seeking legal remedies against the responsible subscribe, including damages or an injunction.

To report a case of spamming, please e-mail the address set forth on the Site related to your Service.

System and Network Security. You may not do anything that may violate Kitepilot Solutions’ system or network security. Security violations include, without limitation:

• attempts to compromise the security of any website;

• altering the header information of e-mail or Usenet postings or other activity that conceals your e-mail address or prevents recipients from responding to e-mail messages you send;

• interference with service to any user, hosting or network provider (including, without limitation, mail-bombing or news-bombing, flooding, overloading a system, broadcast attacks, disrupting Internet relay chat channels or Usenet newsgroups or placing false bids on auction sites);

• use or distribution of tools designed to compromise security of any computer system or network (including, without limitation, cracking tools, banner blockers, network probing tools, password or credit card probes and decryption devices and other guessing programs);

• transferring excessive amounts of data through Kitepilot Solutions’ network;

• misuse or abuse of account access and passwords; or

• any attempt to use an account in any manner that would violate, harm or compromise Kitepilot Solutions’ network or services.

You also agree that you will not use our network to measure the performance of our Services, or publish information about our network’s performance.

You are responsible for any misuse of the Service, even if the misuse was committed by a friend, family member, or guest with access to your Service account. In all cases, you are solely responsible for the security of any device you choose to connect to the Service, including any data stored or shared on that device.

Ordering Products and Services
You may be able to order certain Kitepilot Solutions services through this website. All orders you make through this website are subject to the availability, terms, and other conditions that apply to the particular products and services at the time you place your order. All products and services, their contents, availability, and pricing are subject to change at any time with or without notice. Please fully read the terms and disclaimers accompanying any products or services that you order through this website.

To obtain access to certain services on our website, you may be required to register. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. Kitepilot Solutions reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

WARRANTIES AND LIMITATION OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY KITEPILOT (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), KITEPILOT (AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY KITEPILOT OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF KITEPILOT TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.

KITEPILOT DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF KITEPILOT HAS ACCEPTED YOUR ORDER FOR SERVICE. THE PROVISIONING OF SERVICE IS SUBJECT TO WIRELESS CONNECTIVITY AND OTHER FACTORS, INCLUDING YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER FACTORS.

KITEPILOT DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED BY KITEPILOT WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS, OR THE LIKE. KITEPILOT SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE. KITEPILOT MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE OR THE INTERNET. KITEPILOT MAKES NO WARRANTY REGARDING THE CONTENT AND INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.

IN NO EVENT SHALL KITEPILOT (OR ITS OFFICERS, EMPLOYEES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF KITEPILOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.

ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO APPLY TO KITEPILOT’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.

ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH KITEPILOT (AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES), KITEPILOT’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.

THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

KITEPILOT RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE.