Terms of Use for the KET Web site

The following Terms of Use govern the use by you of the KET Web site:

The Terms of Use set forth herein apply to all materials, online communications and other information (collectively, "Information") that is or becomes available on the KET Web site. BY USING THE KET WEB SITE, YOU SPECIFICALLY AGREE TO ABIDE BY THESE TERMS OF USE AND ANY MODIFICATIONS THERETO.

1. Personal Uses Permitted
The KET Web site is an online information exchange service for use by KET and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information from the KET Web site for commercial purposes or otherwise use the Information in a manner that is inconsistent with these Terms of Use.

2. User's Obligation to Abide By Applicable Law
In using the KET Web site, you shall abide by all applicable federal, state or local laws, including but not limited to those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement ("Applicable Law"). The Information available on the KET Web site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries ("Intellectual Property Laws"). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties against the violator.

3. Disclosure of Online Communications.
You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that administrative personnel of KET may, in the course of their regular duties, have access to communications made to, on or otherwise facilitated by the KET Web site, for technical or operational purposes. KET may also disclose any such communications to the extent permitted or required by law.

4. Prohibition Against Rogue Programming
You shall not post, transmit, upload or make available in any way through the KET Web site, any software or other materials which contain a computer virus, trojan horse, timebomb, worm or any other malicious or rogue programs or software ("Rogue Programming"). KET has no obligation to detect the presence of any Rogue Programming on the KET Web site. Any downloading by you of software or other materials, or any other use by you of the KET Web site, is at your risk, and you are advised to take adequate precautions to minimize your exposure to any harmful consequences that could be caused by Rogue Programming, including the use of up-to-date anti-virus programs and the proper backup of your files.

5. Content of Information
You are responsible for the content of any Information you cause to be placed on the KET Web site. The Information posted to or otherwise placed on the KET Web site does not necessarily reflect the views of KET, and in no event shall KET assume or have any responsibility or liability for any information posted to or otherwise placed on the KET Web site or for any claims, damages or losses resulting from the use and/or appearance of such information on the KET Web site. Information on the KET Web site should not be considered to be endorsed by KET merely by virtue of its presence on the KET Web site. KET has no obligation to, and does not in the normal course of its operation, monitor or control any Information that is or becomes available on the KET Web site. KET reserves the right to review any Information that is or becomes available on the KET Web site.

Although KET has no obligation to do so, KET does reserve the right to refuse to post, or to edit or remove, in whole or in part, any Information that is, in KET's sole discretion, deemed to be unacceptable, undesirable or in violation of these terms of use. Users of the KET Web site, whose use of the KET Web site results in KET exercising its reserved rights as set forth above, are subject to having their access to the KET Web site terminated or otherwise restricted. KET may terminate access for content providers or forum participants who provide or post protected material without necessary rights and permissions.

By submitting information to KET, you grant KET a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in so submitting the information. While KET strives to provide users with the highest-quality related resources on its Web site, we cannot and do not ensure the quality or accuracy of the non-KET content to which we facilitate or otherwise provide access.

6. Video and Audio
The Video and Audio on KET’s Web site, including but not limited to MP3, XML, RSS, podcasts, Windows Media, Real Media, QuickTime Media, and Flash Media files that comprise KET-hosted video and/or audio (herein referred to as "Video and Audio") are protected by U.S. and international copyright laws. All rights to Video and Audio originating from KET, including the content and technology included therein, are reserved to KET. KET-hosted Video and Audio are available for personal, noncommercial use only. You may link to KET Video and Audio from your personal Web site, and files may be downloaded and played on any system for personal, noncommercial purposes, unless permission to do so is expressly reserved, provided that:

  • (a) you do not re-distribute, re-transmit, or host Video and Audio files made available, podcast, downloaded or streamed from the KET Web site;
  • (b) you do not modify or delete any of the Video and Audio content, nor individual audio files;
  • (c) the use or display does not suggest that KET promotes or endorses any third party causes, ideas, Web sites, products or services;
  • (d) Video and Audio files made available for download shall not be re-produced, edited, re-transmitted, or in any way repurposed without prior written consent from KET.
  • KET reserves the right to discontinue providing Video and Audio and to require that you cease accessing or using the Video and Audio at any time for any reason.

7. Disclaimer of Warranties
THE KET WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. KET DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT THE KET WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

8. Limitation of Damages
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL KET BE LIABLE FOR (i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THE KET WEB SITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE KET WEB SITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES PUBLISHED ON THE KET WEB SITE.

9. Jurisdiction
This agreement between KET and the users of the KET Web site will be governed and interpreted under the laws of the Commonwealth of Kentucky. Fayette County, Kentucky has jurisdiction in any dispute arising from this agreement. In the event that any provision of this agreement is found to be in conflict with the law, such provision shall be restated to reflect the original intent, and all other terms and conditions shall remain in full force and effect.

10. Release and Indemnity
YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST KET ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE KET WEB SITE. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS KET FROM AND AGAINST, ANY AND ALL LIABILITY, LOSS, CLAIMS, DAMAGES, ACTIONS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS’ FEES, ARISING FROM OR IN CONNECTION WITH (i) YOUR USE OF THE KET WEB SITE, (ii) ANY BREACH BY YOU OF YOUR OBLIGATIONS UNDER THESE TERMS OF USE, OR (iii) YOUR FAILURE TO ABIDE BY APPLICABLE LAW. WE RESERVE THE RIGHT TO DEFEND ANY SUCH CLAIM, AND YOU AGREE TO PROVIDE US WITH SUCH REASONABLE COOPERATION AND INFORMATION AS WE MAY REQUEST.

11. Termination
Notwithstanding any provision of these Terms of Use, we reserve the right, without notice and in our sole discretion, to terminate any or all of the KET Web site service and/or your license to use the KET Web site service, or to block or prevent future access to and use of the KET Web site.

12. Modifications
These terms of use may be modified by KET from time to time and at its sole discretion, and such modifications will be binding on you when placed online.

13. Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

14. Privacy Policy
KET takes your personal privacy seriously. That is why we have adopted a Privacy Policy. Please also make sure to read KET’s online Privacy Policy to understand the additional terms and conditions which apply to your use of our site. Your use of the KET Web site or our services signifies acknowledgement of and consent to the information practices in our Privacy Policy.

Other services, advertisers and information providers that are accessible on the KET Web site are provided by third parties, and have their own policies about using personal information. You should contact these third parties directly for their policies.

You agree that KET may access and disclose information about you or your use of our service when we deem it necessary or appropriate to comply with the law, to respond to claims, to protect our systems and customers, to ensure the integrity and operation of our business and systems, or to protect the rights or property of KET. Such disclosure may include, without limitation, Personally Identifiable Information (name, e-mail address, etc.), your IP address, clickstream and traffic information and usage history. Our right to disclose any such information shall govern over any terms of our Privacy Policy.