ATCnet Internet Service Agreement

 ATCnet has selected Linktel, Inc. as access to the Internet. ATCnet users through Linktel, Inc. customer service will have access to a dedicated staff of technical professionals who can help simplify the complexities of connecting to and doing business on the Internet. ATCnet will provide access to the Internet, and Subscriber will utilize ATCnet's service, according to the following terms and conditions.

1. Service. Upon receipt and approval of this signed Agreement, ATCnet shall create Subscriber's account to enable Subscriber's access to ATCnet Internet access service.

Subscriber is responsible for all use of Subscribers account and confidentiality of password. Accounts cannot be transferred or used by anyone other than the subscriber. No more than one login session can be used at any time by the subscriber on any system account. If the subscriber has multiple accounts, the subscriber is limited to one login session per system account at any time. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation. The subscriber may not give out his/her user name and/or password to any other individual for the purpose of allowing that individual to access ATCnet's services. If ATCnet detects that a subscriber has given another individual access to ATCnet services, the subscribers access will be immediately terminated and the subscribers account will be canceled without refund for any unused fees. Regarding the connection, although the Resident Plan 2 and the  business accounts are unmeasured, it is not intended to be a full time connection, nor are multiple concurrent logins allowed. Line will be disconnected after approximately 4 hours of inactivity. Subscriber agrees not to use any automatic method to avoid inactivity disconnect, or automatic re-connection procedures and further agrees to keep the connection active only when the registered subscriber member is actively using it. Should any employee of ATCnet find that a login is being artificially maintained, it will be disconnected and the subscriber will be mailed a warning, and a maximum session limit time may be placed on the users account. Upon the 2^nd offense, the account will be temporarily suspended with a $10.00 re-connection fee. Upon the 3^rd offense, the users account will be terminated, without refund for unused services, and ATCnet will have the right to refuse further service to the subscriber.

2. Technical Support. ATCnet through Linktel, Inc., will provide technical support at no charge to Subscriber to assist in establishing Subscriber's connection to the Service and configuration of Internet software tools provided by ATCnet. Technical support hours are from 9:00 a.m. to 8:00 p.m., Monday through Friday, except on nationally observed holidays.

3. Equipment & Utilities. Subscriber shall provide his or her own computer equipment necessary to access to the Service. Subscriber is responsible for all local and long-distance telephone charges for connecting to the Service

4. Termination by ATCnet. ATCnet, at its sole business judgment, may terminate this Agreement immediately or suspend Subscriber's access to the Service for refusal or failure to pay for Service or by sole judgment of ATCnet that Subscriber may be performing activities harmful to ATCnet or its Subscribers, employees, vendors, business relationships or any other users of the Internet.

5. Termination by Subscriber. Subscriber may terminate this Agreement at any time. The termination will be effective the 1^st working day after the notice is received.

6. Data/Indemnification. Subscriber understands and agrees that the Internet is a conglomeration of on-line databases operated by distinct entities having no business or legal relationship to ATCnet. ATCnet has no input whatsoever as to the content of Internet data accessed via the Service. Subscriber is solely responsible for any value or reliance it places on information obtained via the Internet. ATCnet does not monitor nor control any information on the Internet. It does not warrant the information that is appropriate for families nor does it warrant that the information available on the Internet does not violate copyright, libel or privacy laws. Subscriber is liable for his/her users of the Internet and will hold ATCnet harmless from any liability arising because of the subscriber's use of the Internet.

7. Limited Warranty. ATCnet warrants only that it shall, subject to the terms and conditions of this Agreement, provide Subscriber access to the Internet. ATCnet MAKES NO OTHER WARRANTIES AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT. ATCnet FURTHER DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE INTERNET AND INFORMATION DERIVED THEREFROM.

8. Limitation of Liability. ATCnet shall not be liable to Subscriber's for more than the monthly fee for any single month during which any claim arose. ATCnet shall have no liability for incidental, consequential, or punitive damages.

9. Compliance with law. Subscriber agrees to use the Service in compliance with all applicable laws and to upload and/or download files, (i) only with the consent of the copyright or patent owner; (ii) only if such files do not violate anyone's right to privacy; (iii) only if such files do not contain any defamatory material.

10. Law. This Agreement shall be construed under the laws of the State of Idaho. Idaho courts shall have jurisdiction over this Agreement, and all litigation under this Agreement shall be in Idaho.

11. Notice. Notices to either party may be given via e-mail using the e-mail ID assigned to the parties by ATCnet. Notice shall be effective upon first access under that ID number after the notice is posted.

12. Fees, Payment Method. Subscriber will be charged a monthly base fee for unmeasured access per month. The base fee will be charged at the beginning of each month. Subscriber authorizes charges for base fees and usage fees to be made to the identified credit card each month for the duration of this Agreement or charged on their telephone bill or may elect to receive a bill via e-mail. Notice of charges against Subscribers credit card shall be made as provided in paragraph 11. Billing of business subscribers may be made by direct invoicing rather than debiting a credit card or via a bill sent by e-mail. If payment by check is authorized the amount billed will be due within 10 days after the date of the invoice. Subscriber authorizes verification of credit worthiness. A fee of $40 will be assessed for (1) payment with insufficient funds, (2) denied or invalid credit card number, or (3) restart of service terminated for nonpayment. ATCnet may change any fee, rate or package upon thirty days Notice.