Internet Access Agreement

INTERNET ACCESS AGREEMENT

As a subscriber of INTER COMMUNITY TELEPHONE COMPANY’s Internet Access Service (the “Internet Access Service”), you (the “Subscriber”, “you”, “your” and/or “yourself”) should review the contract (the “Agreement”) between you and INTER COMMUNITY TELEPHONE COMPANY, LLC (ICTC). These terms and conditions set out ICTC’s obligations to you as Subscriber, and your obligations to ICTC when you use the Internet Access Service.  Your use of the Internet Access Service constitutes your agreement that you will abide by these terms and conditions.

1. Terms of Agreement

(a) Current Account Charges, including ICTC’s billing methods, rates, and surcharges for using the Internet Access Service, may be obtained by calling ICTC’s Customer Service at 1-800-350-9137.

(b) ICTC reserves the right to revise the terms and conditions of this Agreement, its Current Account Charges or the services provided under this Agreement at any time. Any such revisions will be binding and effective immediately upon ICTC posting the revised Agreement on its web site, or on notification to you by e-mail or regular mail.

(c)  It is your responsibility as a Subscriber to review the Agreement periodically to be aware of any such revisions. If any revision to this Agreement is unacceptable to you, you may terminate this Agreement at any time by providing ICTC with written notice by regular mail or by telephone. Notice of your termination will be effective on receipt of such notice by ICTC.

(d) Your continued use of the Internet Access Service following notice of any revision to the Agreement shall constitute your acceptance of such revisions and your agreement to abide by such revisions.

(e) ICTC reserves the right to distribute any informative e-mail to our subscribers that it feels is pertinent to the quality of our service. These announcements are predominantly informative in nature and often provide our subscribers with notification describing changes, upgrades, and other critical information pertaining to our service and to the nature of the Internet.

2. Registration Information

(a) You agree to provide ICTC with accurate, complete and up-to-date registration information. If you do not provide ICTC with accurate registration information, you are not authorized to use the Internet Access Service and your account may be terminated immediately.

(b) You agree that by using the Internet Access Service you represent that you are at least eighteen (18) years of age and that you are legally able to enter into this Agreement.

3. Internet Access Service

(a) ICTC Internet Access Service will provide you with:

(i) Connection to the Internet through the Internet Access Service;

(ii) No cancellation fees;

(iii) Free customer technical phone support;

(iv) Fully licensed Internet access software;

(b) The Internet is not owned, operated, managed by, or in any way affiliated with ICTC or any of ICTC’s affiliates. Due to the nature of the Internet, ICTC cannot and will not guarantee that the Internet Access Service will provide you with Internet access that is sufficient to meet your needs. You agree that your use of the Internet Access Service and the Internet is solely at your own risk and is subject to all applicable local, provincial, national and international laws and regulations.

(c) ICTC retains the right, but shall not be obligated, to restrict or terminate your Internet Access Service at any time, if ICTC, in its sole discretion, determines that you are in violation of this Agreement. If ICTC determines that you are in violation of this Agreement, any restriction or termination of your Internet Access Service will be effective immediately, without prior notice. You agree that ICTC will have no liability to you for any restriction or termination of your Internet Access Service pursuant to such violation.

(d) You agree that if ICTC terminates your Access account as a result of your violation of this Agreement, you forfeit any right to a refund of any prepaid account charges, such forfeiture being agreed to by you and ICTC as liquidated damages and not as a penalty. In the event that you violate this Agreement, ICTC shall be at liberty to refuse to accept any application for renewal or reinstatement of your subscription following such cancellation.

(e) You are responsible for verifying that any telephone numbers through which you access the Internet through the Internet Access Service are local access numbers. Any telephone charges associated with your access to the Internet through ICTC are solely your responsibility. ICTC WILL NOT REIMBURSE OR PAY ANY TELEPHONE CHARGES FOR ANY REASON.

(f)  Internet services are not transferable, and may not be resold, subleased, or distributed to anyone in any way beyond the scope of the dwelling in which service was originally provided. Internet services are intended for one dwelling only, on one physical property. Sharing internet services across property lines, or through multiple dwellings is strictly prohibited, regardless if the properties and dwellings are owned by the same entity. Subscribers found in violation will be subject to immediate disconnection and prosecution the fullest extent of the law.

4. Content

(a) The Internet Access Service provides you access to information, communications, software, photos, video, graphics, music, sounds and other material and services located both on ICTC’s computer servers and on the Internet (“Content”). You are solely responsible to evaluate and bear the risks associated with the subject matter, accuracy, completeness or suitability for use of any Content available to you on or through the Internet Access Service.

(b) ICTC shall have the right, but not the obligation, to remove Content from ICTC’s computer servers which ICTC, in its sole discretion, determines to be in violation of this Agreement.

(c) You agree that ICTC is under no obligation to monitor, review, or restrict, prior to its transmission, any Content on ICTC’s servers which may violate this Agreement. In addition, ICTC cannot and does not guarantee the prompt editing or removal of any Content which may violate this Agreement after such Content has been posted on ICTC’s servers.

(d) The Internet provides access to individuals who are not ICTC’s subscribers. ICTC shall have no obligation to monitor, review, or restrict any Content made available by third parties on the Internet, nor to edit or remove any such Content after its posting on the Internet.

(e) Due to the nature of the Internet, you may receive Content which you consider to be inaccurate, defamatory, or otherwise offensive. ICTC shall not be liable in any manner whatsoever for any action or inaction with respect to any Content posted on or through the Internet Access Service or the Internet.

5. Proprietary Rights

(a) The Internet Access Service provides access to Content that may be protected by copyright, trademark, intellectual property rights, and other proprietary rights (“Rights”) of independent third parties who make such Content available on or through the ICTC Internet Access Service.

(b) You agree that your use of Content shall be governed by all applicable laws and regulations, and by the specific restrictions placed on such Content by the owners or licensors of the Rights in such Content.

(c) You agree not to post or transmit Content that is subject to another party’s Rights on or through the Internet Access Service, without that party’s express written permission. Such posting or transmitting will result in immediate termination of this Agreement and may result in civil or criminal proceedings being brought against you.

(d) You agree to upload post or otherwise transmit on or through the Internet Access Service, only such Content that is not subject to any Rights, unless you have received express written authorization to distribute such Content on or through the Internet Access Service by the holder of such Rights.

(e) You agree that by posting or transmitting Content to any public area (such as public chat rooms, message boards, newsgroups, web pages or software libraries) you are requesting ICTC to make that material available to other Internet users and that such access will result in copies of such Content being transmitted to others. In order to permit ICTC to publish your Content, you automatically grant, or represent that the owner of any such Content has expressly authorized you to grant, ICTC a worldwide royalty-free, perpetual, irrevocable, non-exclusive right and license to reproduce, publish, distribute, perform and display such Content (in whole or in part) to service your request.

6. ICTC Access Software

(a) ICTC grants you a non-exclusive, nontransferable, revocable, limited sublicense to use the ICTC Access Software for connecting to the Internet Access Service in accordance with this Agreement.

(b) You agree that your use of the Internet Access Service provides you access to proprietary features of Internet Access Service and of software provided by ICTC’s licensors.

(c) ICTC and its software licensors have Rights in the Internet Access Service, including but not limited to software, software documentation, the “look and feel” of the Internet Access Service, domain names, Universal Resource Locators, subscriber interfaces, and other features.

(d) You agree not to copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile, or disassemble any aspect of the Internet Access Service that is owned by ICTC or its licensors.

7. No Warranty

You agree that your use of the Internet Access Service, the ICTC Access Software and the Internet is solely at your own risk. You agree that the Internet Access Service and the ICTC Access Software is provided on an “as is,” “as available” basis without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. ICTC disclaims any and all loss or liability resulting from, but not limited to:

(a) loss of data;

(b) loss of software or hardware;

(c) loss or liability resulting from service delays or interruptions;

(d) loss or liability resulting from computer viruses;

(e) loss or liability resulting from data non-delivery or data misdelivery;

(f) any other loss or liability resulting from the negligent acts and/or omissions of ICTC or ICTC’s subscribers;

(g) loss or liability resulting from any errors, omission, or misstatements in any and all information, goods or services obtained on or through the Internet Access Service; and

(h) loss or liability resulting from acts of God or other circumstances beyond the control of ICTC.

You agree that ICTC’s entire liability, and your exclusive remedy, with respect to your use of the Internet Access Service, your use of the ICTC Access Software, and any breach of this Agreement is solely limited to the amount you paid to use the Internet Access Service. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, then in such jurisdictions ICTC’s liability is limited to the extent permitted by law.

8. Indemnification

(a) You agree to defend, release, indemnify and hold ICTC, its affiliates and licensors harmless from all liabilities, claims and expenses, including without limitation reasonable legal fees, arising from a breach of this Agreement by use of or in connection with the posting or transmission of any Content by or through your account on the Internet Access service.

(b) You agree that ICTC has the right, but not the obligation, at its own expense to assume the exclusive defense and control of any matter otherwise subject to indemnification by you pursuant to paragraph 8(a). In such event, you shall have no further obligations pursuant to paragraph 8(a).

9. Termination

(a) Either you or ICTC may terminate this Agreement for any reason at any time.

(b) You agree that your only right with respect to any dissatisfaction with any term or condition of this Agreement, policy, practice, charge, fee or billing method of ICTC in operating the Internet Access Service, any Content available on or through the Internet Access Service or change therein, or any revision to this Agreement or billing practices is to terminate this Agreement as set forth in Section 1 hereof.

(c) You agree that ICTC has the right, but not the obligation to delete all programs, data, or other files on ICTC’s computer servers that are associated with your account at the time of termination.

(d) Only the person whose name is on the account will be able to change the user ID and/or password for the account, cancel the account or terminate this Agreement.

(e) Upon termination of this Agreement, the following items are non-refundable:

(i) web and publishing/development fees;

(ii) domain registration fees;

(iii) shipping and handling charges.

10. Miscellaneous Matters

(a) This Agreement comprises the entire understanding between ICTC and you, and supersedes any prior agreements between you and ICTC with respect to the subject matter hereof.

(b) If any provision of this Agreement is found to be invalid or unenforceable, that provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining provisions will remain in full force and effect.

(c) This Agreement will be governed by the laws of North Dakota. You and ICTC each submit to the exclusive jurisdiction of the courts of North Dakota.

Dated this ________________ day of __________________, 20___           _____________________________________________________

Subscriber

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