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: Includes FREE Home Inspection: Set-up/analysis of inside home network. (60 minutes max.) Includes 1 FREE inside network technician visit per calendar year ($60 value). Guaranteed no-cost equipment replacement for: (1) defective equipment*. (2) out-dated equipment. *Defective Equipment: Subscriber is responsible for the safe keeping of network equipment. ATC has no responsibility for replacing equipment destroyed or damaged by misuse, abuse, or neglect. If ATC determines the equipment to be defective, ATC will either repair or replace the defective equipment. Limited to one equipment replacement per calendar year. Out-Dated Equipment: ATC will make all reasonable efforts to replace outdated equipment with newer models at no cost to the subscriber. The decision to replace outdated equipment rests solely with ATC. (3) Cancellation: Subscriber may cancel their subscription in the VIP WiFi program after 90 days. Cancellations before the 90 days will result in an early termination fee of $60.00. ATC reserves the right to cancel or change any terms/pricing to the VIPWiFi program without notice. If the subscriber cancels the VIP WiFi program, or if the VIP WiFi program is canceled by ATC, subscriber must return all equipment to ATC during regular business hours, within 10 days of cancellation or termination of service. If all equipment has not been
returned to ATC within 10 days, subscriber will be charged the full cost of all unreturned equipment.
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.
Non-Availability of Traditional 911 or E911 Dialing Service. The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as "911 Dialing" which is a limited emergency calling service available only on ATC Devices or Equipment. The 911 Dialing feature cannot be used in conjunction with an ATC Soft Phone or Virtual Numbers. Our 911 Dialing feature is not automatic; you must separately take affirmative steps, as described in this Agreement and on our website, to register the address where you will use the Service in order to activate the 911 Dialing feature. You must do this for each ATC phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our website page for 911 Dialing under "Features," and below. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of (i) the non-availability of traditional 911 or E911, and (ii) the important differences in and limitations of the ATC 911 Dialing feature as compared with traditional 911 or E911 dialing.
Registration of Physical Location Required. For each phone number that you use for the Service, you must register with ATC the physical location where you will be using the Service with that phone number. When you move the Device to another location, you must register your new location. If you do not register your new location, any call you make using the 911 Dialing feature may be sent to an emergency center near your registered address.
How Emergency Personnel Are Contacted. Depending on your location, we may contract with a third party to use the address of your registered location to determine the nearest emergency response center and then forward your call to a general number at that center. When the center receives your call, the operator will not have your address and may not have your phone number. You must therefore provide your address and phone number in order to get help. Some local emergency response centers may decide not to have their general numbers answered by live operators 24 hours a day. If we learn that this is the case, we will send your call instead to a national emergency calling center and a trained agent will contact an emergency center near you to dispatch help. You hereby authorize us to disclose your name and address to third-party service providers, including, without limitation, call routers, call centers and public service answering points, for the purpose of dispatching emergency services personnel to your registered location.
Impact of Adding or Porting New Numbers. If you change your phone number or if you add or port new phone numbers to your account, 911 dialing does not function until you successfully register your location of use for each changed, newly added or newly ported phone number.
Network Congestion. Depending on your location, it is possible that the speed for routing or answering 911 calls may be reduced by network congestion.
Possible Lack of Automatic Number Identification. It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. The process for routing traffic to the emergency response center may not allow the operator to automatically identify the phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected. Caller may need to be able to speak to tell the operator their phone number.
No Automated Location Identification. It may or may not be possible for the local emergency personnel to automatically obtain your location when you use 911 Dialing. Caller may need to be able to speak to tell the operator their location.
Disclaimer of Liability and Indemnification. ATC EXERCISES NO CONTROL OVER 911 DIALING SERVICE OR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. THIRD PARTIES ROUTE 911 DIALING CALLS TO LOCAL EMERGENCY RESPONSE CENTERS. ATC DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER ATC NOR ITS OFFICERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO 911 DIALING SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM OUR GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT.
Alternate 911 Arrangements. If you are concerned with the restrictions of the 911 Dialing service, you should seek an alternate method of accessing traditional 911 or E911 services or you should terminate the Service.
Internet Outages. Depending on your location, in the event that your broadband internet service becomes blocked or obstructed, your telephone Service, including the 911 Dialing feature, may not function.
Power Failure or Disruption 911. Your Service will not work in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Dialing, will not function until power is restored. Additionally, in the event of a power failure or disruption, you may need to reset the Device prior to utilizing the Service, including 911 Dialing.
Other Service Outages. Any additional Service outage for a reason which is not anticipated above will also prevent all broadband phone service, including 911 Dialing, from functioning.
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.