Service Agreement

LTC Connect’s Internet Service Agreement and Acceptable Use Policy

LTC Connect, hereafter referenced as “LTC”, provides Broadband or Internet access, hereafter referenced as “service”, to the customer subject to agreement and compliance with the terms and conditions below, hereafter referenced as the “agreement”. Please read this agreement carefully before using the service. If you do not agree to these terms and conditions, and do not wish to be bound by them, you may not access or use our service.

I. REGISTRATION

A. In order to register for the service, you must be at least 18 years of age, and you hereby represent and certify to LTC that you are at least 18 years of age. If you are a parent or legal guardian, you may authorize a minor under your control to use your account under supervision. You promise to adequately supervise the minor and are responsible for the minor’s use of the service. You further promise to indemnify LTC and hold LTC harmless for the minor’s use of the service. You agree that you are fully responsible for such minor’s conduct while using the service, and for any consequences brought about by the minor’s misuse of the service.

B. You further represent and certify to LTC that all information provided by you to LTC in connection with your registration, whether online or otherwise, is accurate, complete, and current. You further agree to timely notify LTC of any changes to such information.

C. You understand that a credit check will be initiated upon application of service and the results will be used to determine any deposit requirements. LTC does not see a credit score, or details of credit, but only a credit grade that is used to determine deposit requirements.

D. You agree that you may not, and shall not, transfer your account to another person without the prior written approval of LTC.

E. You understand that our standard services are provided as retail service to an individual or business and agree to utilize the service exclusively for you and your temporary guests, at your location, and not provide permanent access to third parties either through sharing or resale.

F. You agree to pay LTC’s current charges in effect for all Internet access through your account, including, but not limited to, monthly fees, connect time charges, minimum charges, and other charges incurred by you or anyone using your password or account at the rates in effect for the billing period in which those charges are incurred. You agree to pay all applicable taxes related to use of the service. You agree that LTC has reserved the right to change all rates or institute new rates in which you will be given notice of at least 14 days before any increase in rates goes into effect. You further agree that you will be liable for all attorney’s fees and collection fees arising from efforts to collect any unpaid balance on your account(s). Billing will be on a monthly basis, beginning 00:00:00 of the 8th and ending at 11:59:59 p.m of the 7th. You agree that LTC, in its sole discretion, may change or modify the billing period in which you will be given notice before the new billing cycle begins and given full credit for any adjustments which should be made to your account.

G. You agree that you are responsible for maintaining the confidentiality of all passwords issued to you by LTC to access the Internet. You are responsible for all charges resulting from the use of your password(s) and account in connection with the service. If your account or password is accessed or used by someone without your permission, you agree that you remain responsible for all such activities and LTC Connect’s charges until you notify LTC of unauthorized use of your password and account by calling 270-542-4121 or 270-934-4121.

II. NO SERVICE WARRANTIES and NO EDITORIAL RESPONSIBILITIES

A. You understand that the service is provided on an “AS-IS” and “AS-AVAILABLE” basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by LTC, its affiliates or contractors, or their respective employees shall create a warranty. Neither LTC nor its affiliates warrant that the service will be uninterrupted or error-free or that any information, software, or other material accessible on the service is free of viruses or other harmful components.

B. Under no circumstances shall LTC, its affiliates, or its contractors be liable for any direct, indirect, incidental, special, punitive, or consequential damages that result in any way from your use of or your inability to use the service or to access the Internet or any part thereof, or your reliance on or use of information, services, or merchandise provided on or through the service. Likewise, we shall not be liable for any damages that are a result of mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

C. You agree and understand that LTC has no obligation to monitor the service in any way. You further agree that LTC has a right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, ordinance, or other governmental request to operate the service properly, or to protect itself or its subscribers. LTC shall not intentionally monitor or disclose any private electronic mail message unless required by law. LTC reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, a violation of this agreement, or detrimental to the service as a whole. Furthermore, you agree that information transmitted through or posted on the service by you is your sole responsibility and LTC is only a distributor of such information and in no way will LTC accept editorial responsibilities.

III. ACCEPTABLE USE OF THE INTERNET

A. You understand that LTC does not operate nor control the contents of the Internet in any way, and that all merchandise, information, and services offered or made available or accessible on the Internet are generally offered or made available or accessible by third parties who are not affiliated with LTC. You agree that you are totally responsible and assume the risk for your use of the service and the Internet. LTC and its affiliates make no express or implied warranties, representations, or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to any merchandise, information, or service provided through any LTC service or on the Internet in general. You agree that LTC shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. You further agree that it is your sole responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, and other information, and the quality and merchantability of all merchandise, provided to the service or the Internet in general.

B. You understand and further assume the risk that the Internet contains unedited materials, some of which may be offensive to you. You agree that access to such materials is at your own risk. LTC has no control over and accepts no responsibility whatsoever for such materials.

C. You agree that it is your responsibility to provide all telephone, computer, and other equipment and services necessary to access the service.

D. LTC reserves the sole discretion to deny or restrict your service, or immediately to suspend or terminate your service, if the use of your service by you or anyone using it, in our sole discretion, violates this Service Agreement or other LTC policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the LTC network by LTC or other users.

E. The following are examples of conduct which may lead to termination of your Service. Without limiting the policy in Section III(D), it is a violation of the Agreement to: (a) access without permission or right the accounts or computer systems of others; to spoof the URL, DNS, or IP addresses of LTC or any other entity; or to penetrate the security measures of LTC or any other person’s computer system; or to attempt any of the foregoing; (b) transmit uninvited communications, data, or information; or engage in other similar activities, including without limitation, “spamming”, “flaming”, or denial of service attacks; (c) intercept, interfere with, or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code, or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms, or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene, or deceptive; (g) violate LTC’s or any third party’s copyright, trademark, proprietary, or other intellectual property rights; (h) engage in any conduct harmful to the LTC network, the Internet generally, or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the service to violate any rule, policy, or guideline of LTC; (k) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel, or racist in nature or which espouses, promotes, or incites bigotry, hatred, or racism; or (l) download or use the service in Cuba, Iran, North Korea, Sudan, and Syria or in destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce.

IV. PROPERTY RIGHTS AND COPYRIGHTED MATERIAL

A. LTC respects the intellectual property rights of third parties. Accordingly, you may not store any material or use LTC’s systems or servers in any manner that constitutes an infringement of third-party intellectual property rights, including under US copyright law.

B. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of LTC to suspend or terminate, in appropriate circumstances, the service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights.

C. LTC expressly reserves the right to suspend, terminate, or take other interim action regarding the service of any user or account holder if LTC, in its sole judgment, believes that circumstances relating to an infringement of third-party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights LTC may have under law or contract.

D. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the service in a manner that is not authorized by the copyright owner, its agent, or the law, you may contact our Designated Agent as follows:

Chad Campbell
c/o LTC Connect
P.O. Box 97
Auburn, KY 42206
network_mgnt@ltcconnect.com
Phone: 270-542-4121
Fax: 270-542-4800

E. You may download copyrighted material for your own use while adhering to the license agreement of the owner. Any copying, redistribution, or publication of copyrighted material, any changes to or deletion of author, attribution, or copyright notices are prohibited.

VI. LTC EQUIPMENT USED FOR PROVISION OF SERVICE

You agree that any equipment used for the provision of Fibernet and Wi-Fi Plus service is the property of LTC and you assume full responsibility for any damage that may occur through misuse, abuse, theft, or any other reason. Customer will exercise reasonable care to ensure the equipment is maintained in good working condition. If LTC equipment is damaged, the customer agrees to pay the replacement cost of the equipment. Customer must return LTC equipment at time of disconnect or will be charged for the replacement cost of the equipment. The DSL modem/router for the provision of Speednet service is the property of the customer.

VII. LTC PROMOTIONS

LTC may offer promotions from time to time that may include free installation, limited-duration free service or limited duration discounted service as well as other specials. These promotions often come with other terms and conditions. Customer understands that LTC will provide these additional terms and conditions to customers at the time of purchase and customer agrees to abide by all terms and conditions presented at that time.

VIII. BREACH OF THE AGREEMENT

LTC may deny you access to all or part of the service without notice if you engage in any conduct or activities that LTC, in its sole discretion, believes violates any of the terms and conditions in the agreement. If LTC denies you access to the service because of such a violation, you agree that you have no right (1) to access through LTC any material stored on the Internet and (2) to access third party services, merchandise, or information on the Internet through LTC. You agree that LTC shall have no responsibility to notify any third-party providers of services, merchandise, or information and that LTC shall not be responsible for any consequences resulting from lack of notification.

IX. INDEMNIFICATION

You agree to defend, indemnify, and hold LTC and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorney’s fees, related to any violation of this agreement by you or authorized users of your account, or in connection with the use of the service or the Internet or the placement or transmission of any message, information, software, or other materials on the Internet by you or authorized users of your account.

X. MISCELLANEOUS

A. You agree that in the event that any portion of this agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intention of the parties and the remainder of the provisions shall remain in full force and effect.

B. LTC’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this agreement.

C. You agree that this agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflicts of law provisions. Any cause of action you may have with respect to the service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

D. You agree that this agreement is personal to you and you shall not assign your rights herein.

E. You agree that upon notice published over the service, LTC may modify this agreement including, but not limited to, its prices and charges for the service, and may discontinue or revise any or all other aspects of the service at its sole discretion and without prior notice.

F. You understand that the billing date is the 8th of each month. You agree that the terms for payment are the 18th of each month in the currency in which you are billed. If any payment due hereunder is not made by you by the 18th of said month, you agree to pay a late charge of the greater of $2 or 2% of the bill. Furthermore, if payment is not made by you by the 28th of said month, you understand that the service will be discontinued.