The undersigned is at least 18 years old and makes application for the above services and equipment, and for such additional service or equipment as may be ordered later, and agrees to pay established rates for all such services and equipment. In making this application the undersigned agrees to the rules and regulations of the Telephone Company as set forth in the exchange tariff and to any general changes in the rules and regulations, tariffs or rates for services furnished. This application becomes a contract when accepted in writing by the Telephone Company. This service is not available in all areas. The undersigned agrees to pay all attorney fees, court costs, filing fees, including charges or commissions up to fifty percent that may be assessed to the Telephone Company by any collection agency retained to pursue this matter in the event of a breach of this contract. Installation includes:
Conditioning of the facilities serving the customer and actual installation of the INTERNET service to the customer premises. Does not include customer owned modem, firewall, PC configuration, networking, inside wiring, special requests, additional hardware, or other special requirements. ATC will install the modem using an existing phone jack in the home. If no jack is available, one new jack will be included in basic installation up to 25 feet of cable. Additional work, material and hours required for installation will be billed separately. Charges do not include any costs or charges associated with taxes, surcharges or governmentally imposed additions.
INTERNET TERMS AND USE AGREEMENT
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. 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.