Internet Terms and Conditions
ATC is a provider of Internet access including INTERNET services in that it is a conduit entity through which the Subscriber may obtain access to the Internet. The Subscriber desires to utilize the services of ATC as a conduit to enable the Subscriber to access the information, programs and other services available on the Internet. As such, in exchange for a monthly fee to be received by ATC from the Subscriber each month in advance, and other good and valuable consideration, the parties agree as follows:

1. Pursuant to the terms of this agreement, and in exchange for the above stated monthly amount, the Subscriber shall have the right to utilize the serv­ices of ATC in accessing the Internet. Consistent therewith each Subscriber is responsible for the use of his or her own account(s), and for ensuring full compliance by any individual user of the Subscriber's account with the terms and conditions contained herein.

2. The Subscriber is responsible for obtaining and maintaining all equipment necessary to connect to ATC. The Subscriber agrees to use ATC in a man­ner consistent with any and all applicable laws and the laws of foreign countries.

3. The Subscriber specifically agrees to indemnify ATC and hold harmless ATC and its agents, employees and assigns for any losses, costs, or dam­ages, including reasonable attorneys' fees incurred by ATC relating to, or arising out of any breach of this Agreement or breach of a duty to another, caused by use of the Internet, by the Subscriber, or connection thereto, including but not limited to such things as computer fraud, computer vandalism, includ­ing viruses, and objectionable or questionable content of mail, newsgroup postings, mass E-mail (spamming) or use of the Internet in general.

4. ATC reserves the right to change surcharges and subscriber fees or institute new fees at any time upon thirty (30) days prior written notice.

5. In the event of non‑payment, any breach of this agreement, or for any other reason within the sole discretion of ATC, ATC shall have the right to imme­diately, without need of notice, terminate the Subscriber's right of access to the internet.

6. Notwithstanding the foregoing, access to and use of the Internet or of ATC services may be terminated by either party, at any time, by sending writ­ten notice to the other party. In the event of termination by the Subscriber, the Subscriber shall remain liable for any charges incurred until the effective date of termination and any termination liability charges if applicable. The effective date of termination shall be the date upon which ATC receives the above described written notice, or on a future date if so specified by the Subscriber.

7. The Subscriber is responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to ATC for reconstruction of any lost data. The Subscriber agrees to assess their own need for pro­tective measures, and implement where necessary, whether under professional advice or not, including voltage spike protection, computer equipment insurance, virus detection and elimination software, security and system administration policies, and obtain such protection as they see fit and not to make any claims against ATC, its users or faculty, for the loss or damage to their equipment.

8. The Subscriber understands and agrees that opinion, advice, services and all other information expressed by subscribers, information providers, serv­ice providers, or other third parties on ATC or the Internet are those of the provider and not of ATC. ATC exercises no control whatsoever over the con­tent of the information passing through it.

9. The Subscriber is responsible for all telephone charges for connection directly to ATC services. ATC assumes no responsibility or liability for any phone charges including, but not limited to, long distance charges, per minute surcharges and/or equipment or line costs incurred by the Subscriber while accessing ATC or the Internet.

10. The subscriber agrees and acknowledges that the actual transmission speed may vary from the speeds that might otherwise be expected, due to such factors as the length and gauge of the telecommunications line serving the premises, and other operational characteristics of the facilities and equipment used in the INTERNET Service. It is possible that there will be a lack of facilities or other operational impediments that may preclude or delay the actual installation, repair and maintenance of INTERNET services to subscriber premises. ATC reserve the right to terminate this agreement without liability to subscriber if ATC is unable to provide, repair or maintain INTERNET services to subscriber premises.

11. ATC makes no warranties of any kind, whether expressed or implied, for the service it is providing. ATC also disclaims any warranty of mer­chantability of fitness for a particular purpose. ATC will not be responsible for any damage suffered by the Subscriber. This includes the loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by its own negligence or the Subscriber's errors or omissions.

12. Use of any information obtained via ATC is at the Subscriber's own risk. ATC specifically denies any responsibility for the accuracy or quality of information obtained through its services.

13. Only public domain files, and files in which the author has given expressed consent for online distribution, may be uploaded to the software libraries or other files by the Subscriber. Any other software may not be uploaded to ATC, or to any software library. ATC, at its sole discretion, reserves the right to refuse posting of files, and to remove files. ATC at its sole discretion, further reserves the right to immediately terminate, without notice, any subscriber who misuses uploading or posting to the Internet.

14. The subscription is not shareable. Each person who uses ATC must be a Subscriber in his or her own right. The Subscriber will not allow any unauthorized person or entity to utilize ATC or the Internet. The Subscriber may not distribute user ID's, and/or Passwords to the ATC service or the Internet to others.

15. The Subscriber agrees not to resell or obtain any compensation in any form, directly or indirectly, from any other person or entity for access, prod­ucts, service or content through ATC without the express written permission of ATC.

16. This agreement is not assignable or transferable without the express written consent of ATC.

17. ATC may only be used for lawful purposes. Transmission of any material in violation of any U.S. or any State's regulation is prohibited. This includes but is not limited to: Copyrighted material, material that is legally judged to be threatening or obscene, or material protected by trade secret. The Subscriber specifically agrees to indemnify and hold ATC harmless from any claims resulting from a breach of these terms, and/or their use of the serv­ice, which damages another.

18. All fees collected by ATC from the subscriber are to be paid in advance. The Subscriber agrees to pay setup fees, if any, and agrees to maintain a zero balance on their account by paying in advance for said month’s services

19. This agreement, together with any handwritten terms, constitutes the entire agreement between parties hereto. The terms and conditions of this agreement shall be interpreted and enforced pursuant to the laws of the State of Idaho.

20. Modem Lease Agreement - You are responsible for the safe keeping of the modem. ATC has no responsibility for replacing equipment destroyed or damaged by misuse, abuse or neglect. If the modem is defective when installed or provided; ATC will either repair or replace the defective modem. If you cancel service or if your service is cancelled by ATC, then you must return the equipment to ATC during regular business hours, within 10 days of cancellation or termination of service. If after 10 days from cancellation or termination of service, the modem has not been returned to ATC, you may be charged the full cost of the modem.

21. VIP WiFi + after the free month trial period in order to cancel service you must call an ATC office.

22. ATC or its employees is in no way responsible for any data or loss thereof residing on your computer. Furthermore ATC or its technicians shall have no liability to you or any person or entity with respect to any liability, loss, damage or injury to persons or property caused directly or indirectly by the work performed.

23. If a mobile number is provided, ATC may text you information about your account. ATC does not charge to send or receive text messages, however messages and data rates from your provider may apply. Please consult with your wireless carrier for applicable text messaging fees. You may reply STOP at any time to opt-out of receiving future notifications. Allow up to 10 business days to be removed completely. You may also call 800-671-5335. We may modify or terminate our text messaging services from time to time, for any reason and without notice, including the right to terminate text messaging without notice, without liability to you, any other user or a third party. You further agree to indemnify, defend and hold us harmless from and against any and all claims, losses, liability, cost and expenses (including reasonable attorneys’ fee) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligation under this paragraph shall survive termination of the Agreement.

We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you are timely notified of any changes.

CONTRACT TO PROVIDE INTERNET SERVICES This agreement is entered into between ATC Communications, Inc., a corporation organized and existing under the laws of the State of Idaho, hereinafter termed the “COMPANY” and the “SUBSCRIBER”. The SUBSCRIBER has requested the COMPANY to provide to the SUBSCRIBER’S premises, special INTERNET and INTERNET SERVICES referred to as “SERVICES”. The SUBSCRIBER and the COMPANY agree as follows: 1. The COMPANY will provide and maintain the SERVICES described in EXHIBIT 1, for the SUBSCRIBER’S premises located at the INSTALLATION ADDRESS listed above. The SUBSCRIBER will pay the COMPANY the rates and charges for the SERVICES as set forth in EXHIBIT 1. The initial contract period for which the SERVICES will be provided will be (0), (12), (24), or (36) months as set forth in EXHIBIT 1 to the same location beginning on the date upon which service is established based upon the repayment options outlined in Exhibit 1. COMPANY shall have the right to terminate this agreement in the event that: SUBSCRIBER should be in arrears in the payment of any amount more than thirty (30) days after the payment due date set in the agreement and continues to be in arrears after having been ten (10) days; written notice to cure the delinquent payment; or This agreement will immediately terminate upon a determination of its unenforceability or upon denial, revocation or other termination of ATC Communication’s governmental authority to provide the services contemplated by this agreement, or if the services provided under this agreement are required to be tariffed and can no longer be provided under contract. Provision of any service under this agreement is declared unlawful or subject to common carrier or public utility regulation not imposed at the original date of execution hereof. COMPANY shall provide SUBSCRIBER thirty (30) days prior written notice of termination in this case. Termination shall not prevent COMPANY from collection of unpaid invoices COMPANY fails to perform to observe any covenant or condition under this agreement if COMPANY fails to correct such default within thirty (30) days after receiving written notice of the default; provided, however, that if such default cannot be reasonably cured within thirty (30) days and COMPANY undertakes in good faith and with diligence to cure in such thirty (30) day period, then COMPANY shall have a reasonable additional period of time to cure, but in no event to exceed ninety (90) days. If SUBSCRIBER cancels, suspends, or defers any order for services to be furnished under this agreement after COMPANY has begun efforts to provide such circuits, SUBSCRIBER shall pay all related fees and costs reasonably incurred by COMPANY for the initial term of this agreement. In the event that service is terminated for any reason prior to the expiration date of the initial contract period, this agreement will be terminated and the SUBSCRIBER will immediately pay the COMPANY a termination charge. There will be an initial trial period of 30 days following the date of installation. The customer may discontinue its Internet Service at any time during this trial period for any reason without incurring a NRC waiver termination liability, provided service is disconnected no later than the first business day following the 30th day after service was installed. This offer applies to new installations only at a customer’s premises where the customer has not had Internet Access Service during the preceding 30 days. If a customer desires to terminate SERVICES prior to the expiration date of this contract, the termination liability would in any month subsequent to the first month, but prior to the 0, 12, 24, 36 month commitment period being fully satisfied, the customer will be billed a prorated portion of the previously waived NRC for each full month remaining in the unsatisfied commitment period. For example; if the customer discontinues service during the ninth month of its 24 month commitment period, the customer would be billed an amount equal to 15/24 of the previously waived NRC. SUBSCRIBER shall have the right to terminate this agreement in writing in the event that: This agreement may be terminated by written mutual consent, or by either party upon a continuing Force Majeure Condition. Neither party will be liable for any delay or failure in performance because of causes or circumstances completely beyond its control, such as acts of God or of civil or military authorities, governmental acts or regulations, epidemics, war, terrorist acts, riots, fires, explosions, major environmental disturbances, power outages, strikes, or the like (collectively referred to as “Force Majeure Conditions”). In the event of a Force Majeure Condition affecting either party, both parties will cooperate to facilitate the mutual performance of the obligations under this agreement. In the event of a Force Majeure Condition affecting one party, the other party may elect to: (I) terminate this agreement, provided the contingency has existed for ninety (90) days in one hundred and twenty (120) day period; or (II) resume performance under this agreement once the delaying causes cease. This contract does not include other agreements as applicable. Any and all changes in these SERVICES arrangement shall be made by the COMPANY.