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 Consistent therewith each SUBSCRIBER is responsible for the use of account(s), and for ensuring full compliance by any individual user of the account with the terms and conditions contained herein.
  2. The SUBSCRIBER is responsible for obtaining and maintaining all equipment necessary to connect to 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
  4. 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 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, network 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.
  5. 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 exercises no control whatsoever over the content of the information passing through it.
  6. 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 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 reserves the right to terminate this AGREEMENT without liability to SUBSCRIBER if ATC is unable to provide, repair or maintain Internet SERVICES to SUBSCRIBER premises.
  7. ATC makes no warranties of any kind, whether expressed or implied, for the service it is 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 except to the extent caused by ATC’s gross negligence or willful misconduct.
  8. ATC may perform planned maintenance from time to time and will use commercially reasonable efforts to minimize service interruptions. Planned maintenance may result in temporary service unavailability.
  9. Use of any information obtained via ATC is at the SUBSCRIBER’s own ATC specifically denies any responsibility for the accuracy or quality of information obtained through its SERVICES.
  10. The subscription is not Each SUBSCRIBER 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.
  11. 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.
  12. This AGREEMENT is not assignable or transferable without the express written consent of
  13. ATC may only be used for lawful 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.
  14. ATC may receive security or abuse notifications from external network operators regarding activity originating from IP addresses assigned to a SUBSCRIBER. The SUBSCRIBER is responsible for all activity originating from their account and connected devices, whether intentional or unintentional. ATC may notify the SUBSCRIBER of such activity and may take reasonable action, including traffic mitigation or service restriction, to protect the network.
  15. This AGREEMENT, together with any handwritten terms, constitutes the entire AGREEMENT between parties The terms and conditions of this AGREEMENT shall be interpreted and enforced pursuant to the laws of the State of Idaho.
  16. ATC or its employees is in no way responsible for any data or loss thereof residing on your Except as otherwise expressly provided herein, neither party shall be liable to the other for any indirect, incidental, consequential, special, or punitive damages, including loss of profits or data, arising out of or relating to this AGREEMENT. ATC shall not be liable for any damage to persons or property except to the extent caused by its gross negligence or willful misconduct
  17. ATC agrees to maintain commercially reasonable insurance coverage during the term of this AGREEMENT, consistent with industry standards for telecommunications service providers. Upon written request, ATC shall provide evidence of such coverage.

 

Business Voice (VoIP) Terms and Conditions

  1. Relationship to MSA and Service Schedule
    • These ATC Business Voice Terms & Conditions (Voice Terms) apply to ATC’s hosted voice/VoIP services and related features (Service).
    • The Service is provided under, and governed by, the Master Service Agreement between ATC Communications (Provider) and Customer (MSA) and the applicable Service Schedule (Schedule).
    • If there is a conflict:
      • The Schedule controls for service-specific commercial terms (pricing, term/commitment, included features, usage, and any service-specific credits/fees).
      • The MSA controls for general legal terms (including limitation of liability, warranties/disclaimers, dispute resolution, confidentiality, indemnity, and payment terms), unless the Schedule expressly states otherwise.
  1. Definitions
    • Endpoint: A desk phone, softphone, ATA, or other device used to place or receive calls using the Service.
    • E911 / Emergency Calling: Emergency calling to 911 (and any other emergency numbers supported by the Service), including Enhanced 911 where available.
    • Registered Location: The physical street address and additional location information (such as suite, floor, room, or other dispatchable detail) associated with a telephone number, extension, or Endpoint for emergency routing and dispatch.
    • PSAP: Public Safety Answering Point (the local emergency call center).
  2. Service Description; Network Dependency
    • The Service uses IP networks to transmit voice communications and may rely on Customer’s broadband internet access, Customer’s local network (LAN/Wi‑Fi), electrical power, and third-party networks and interconnections.
    • Service performance (including call completion and call quality) may be affected by factors outside Provider’s control, including internet congestion, Customer network configuration, Wi‑Fi performance, power events, and third-party carrier/PSAP limitations.
    • The Service is not a substitute for traditional wireline service in all respects. Certain features and emergency calling behaviors may differ from traditional telephone service.
  3. Customer Responsibilities
    • Customer is responsible for:
      • Maintaining adequate internet bandwidth and quality for voice traffic, including reasonable latency, jitter, and packet loss characteristics.
      • Proper LAN/Wi‑Fi configuration, including QoS/traffic prioritization for voice where appropriate.
      • Providing power and backup power for network equipment and Endpoints where business continuity is required.
      • Physical security and access controls for Customer premises and Customer-owned equipment.
      • Ensuring Endpoints and Service features are used only by authorized personnel and secured as described in Section 8 (Security and Fraud).
  1. Emergency Calling / E911 Disclosures and Responsibilities
    • General limitation. E911 calling using the Service may not function or may be delayed under certain circumstances, including but not limited to loss of power, loss of internet connectivity, loss of network connectivity, configuration issues, third-party outages, or congestion.
    • Registered Location requirement. Customer must provide and maintain an accurate Registered Location for each location and for each applicable telephone number, extension, and/or Endpoint used for emergency calling. If Registered Location information is missing, inaccurate, or not updated, emergency responders may be dispatched to the wrong location, may be delayed, or may not be dispatched.
    • Nomadic and remote use. If an Endpoint is moved (including temporary relocation, remote work, softphones, mobile apps, or use from a different building/floor/room) without updating the Registered Location, E911 calls may be routed incorrectly or may deliver incorrect location information to the PSAP or emergency call center.
    • Non-native numbers. If Customer uses telephone numbers that are not associated with the geographic location where an Endpoint is used, E911 routing and location delivery may be affected and may require additional configuration and location management by Customer.
    • Routing variability. Depending on location, network configuration, and PSAP capabilities, an E911 call may be routed to the appropriate PSAP or to a regional or national emergency call center. The call taker may not automatically receive the caller’s callback number and/or location. Customer and End Users should be prepared to state their location and callback number.
    • Power and internet dependency. E911 calling may not work during power outages unless Customer provides backup power for Endpoints and networking equipment (modem/ONT, router/firewall, switches, Wi‑Fi, and any PoE required), and unless internet connectivity remains available.
    • Customer notice and labeling. Customer is responsible for providing conspicuous notice to End Users regarding E911 limitations and for placing warning labels/notices on or near Endpoints or within user-facing materials as reasonably necessary to inform End Users of these limitations.
    • Testing and verification. Customer is responsible for verifying E911 configuration and Registered Location accuracy at installation and after any changes to Endpoints, numbers, sites, network topology, or user/extension assignments. Provider may assist with testing upon request, but testing does not guarantee PSAP behavior or outcomes.
    • Customer acknowledges that it has read, understands, and accepts these E911 limitations and responsibilities, and will inform End Users of the limitations.
  2. Service Outages, Maintenance, and Force Majeure
    • Provider may perform planned maintenance that may impact the Service. Provider will use commercially reasonable efforts to provide notice consistent with the MSA/SLA (if applicable).
    • Provider is not responsible for Service impacts caused by events outside Provider’s control, including third-party carrier failures, internet service provider failures, Customer LAN/Wi‑Fi issues, power failures, or force majeure as defined in the MSA.
  3. Numbers, Porting, and Caller ID
    • Porting dependencies. Number porting is dependent on third parties, including the losing carrier. Porting timelines are estimates only and not guaranteed.
    • Customer responsibilities for porting. Customer must provide accurate porting information, maintain service with the losing carrier until the port completes, and respond promptly to requests for information or authorizations.
    • Caller ID. Caller ID display is not guaranteed on all calls, to all networks, or to all devices, and may be affected by third-party networks and Customer configuration.
    • Number rights at termination. Customer may be able to port numbers away, subject to applicable laws, carrier rules, and timely completion of required paperwork. Provider is not responsible for loss of numbers due to Customer delay or failure to complete port-out steps before termination/cutoff dates.
  4. Security and Fraud
    • Customer must secure all administrative access to the Service (portals, credentials, admin accounts) and all Endpoints, including strong passwords, MFA where available, and least-privilege access.
    • Customer is responsible for securing voicemail PINs, call forwarding rules, auto attendants, and any features that can route calls to external numbers.
    • If Provider reasonably suspects fraud, compromise, or unlawful use, Provider may suspend or restrict the Service immediately to prevent harm, and will notify Customer as soon as reasonably practicable.
    • Fraud liability and payment responsibility are governed by the MSA (including any provisions regarding misuse and collection costs).
  5. Recording, Monitoring, and Compliance
    • Customer is solely responsible for compliance with all federal, state, and local laws regarding call recording, monitoring, retention, and notice/consent requirements.
    • Provider does not provide legal advice regarding recording or consent requirements and is not liable for Customer’s failure to comply.
  6. No Life-Safety Reliance
    • Unless expressly agreed in writing in the Schedule or a separate SOW, the Service is not intended for, and should not be relied upon for, life-safety or critical alarm functions, including elevator phones, fire/security alarm panels, medical monitoring, or other systems requiring line-powered or always-available service.
    • Customer is responsible for ensuring appropriate alternatives and compliance for any such systems.
  7. Equipment and Compatibility
    • Customer-owned equipment must be compatible with the Service and configured in accordance with Provider requirements. Provider may decline support for unsupported or legacy devices/configurations.
    • Provider-provided or Provider-managed equipment (if any) is governed by the MSA and any applicable hardware terms.
  8. Privacy and Lawful Requests
    • Provider may collect and use service-related data necessary to provide and support the Service, consistent with the MSA and applicable law.
    • Provider may disclose information as required by law, legal process, or lawful requests from government authorities, and may cooperate with law enforcement consistent with applicable law.
  9. Disclaimer of Warranties; Limitation of Liability
    • Warranties and disclaimers are governed by the MSA. These Voice Terms provide product-specific disclosures (including E911 limitations) and do not expand Provider’s liability beyond the MSA.
    • Without limiting the foregoing, Provider does not warrant that E911 will be uninterrupted, error-free, or available in all circumstances, and Provider is not responsible for failures caused by Customer’s network, power, configuration, End User actions, third parties, or PSAP limitations.
  10. Suspension and Termination
    • Provider may suspend the Service for nonpayment, illegal use, fraud/security events, or material breach, consistent with the MSA.
    • Termination rights, cure periods, and any early termination charges (if applicable) are governed by the MSA and the Schedule.
  11. Updates to Voice Terms
    • Provider may update these Voice Terms from time to time to reflect changes in law, regulation, industry standards, service features, or operational requirements. Updates will be handled consistent with the MSA change management provisions and/or notice provisions, and will not change pricing/term except by written agreement in the Schedule or an executed change order.
  12. Contact for Support and Emergency Service Questions
    • Customer must keep Provider informed of current administrative contacts and escalation contacts per the MSA.
    • Service issues should be reported through Provider’s designated support channels identified in the MSA/SLA and/or Schedule.