Farmers Mutual Telephone Company

Terms and Conditions of Service

This document describes the obligations and liabilities that go hand-in-hand with owning an internet account. By using FMTC Internet Access, an agreement is made to abide by the rules set forth below and by other rules as may from time to time be promulgated and deemed necessary by FMTC. In this document FMTC is defined as the company providing Internet access, and user is defined as the individual(s) or company(s) whose name is on the bill. If you have any questions, please contact FMTC at 208.674.4241.

1. PRIVACY: FMTC has every intention of keeping all aspects of the user’s account private; however it is impossible for FMTC to guarantee that any activity done while using FMTC Internet Service will be completely private. The user can, by using data encryption, increase the level of privacy. FMTC strongly recommends that the user take all precautions to protect private information.

2. RESPONSIBILITY: The user is responsible for any and all representations that are made under the user’s account. Choosing an appropriate password is a part of this responsibility. The user is not authorized to share their account with others. Violators will have Internet access terminated without recourse.

3. UNLAWFUL ACTIVITY: While using FMTC’s Network Access Port, the user may find opportunities to engage in illegal activity. FMTC has no ability to stop the user from accessing data that is deemed illegal in the user’s state or country. FMTC takes the position, that in the event that the user is caught violating any local, state or federal law while using FMTC's Network Access Port, FMTC will terminate the user’s account without recourse, and the proper authorities will be notified. This includes, but is not limited to: Peer-to-Peer programs (Kazaa, Bearshare, Morpheus), Bit Torrents, or hosting your own Peer-to-Peer server.

4. PORNOGRAPHY OR OBSCENE MATERIAL: The possibility exists while connecting to various computer networks worldwide that the user may encounter material deemed pornographic or obscene. It is possible for the user to filter out, or to NOT access those things which the user finds offensive. Only the user can identify and avoid those objectionable systems. Access to questionable material does not imply authorization to view, own, or support any material that is in violation of LOCAL, STATE or FEDERAL law, specifically any pornographic pictures as defined by law. Users are hereby notified that FMTC Internet Service will not tolerate any form of Pornography on it's Web Servers and the user accepts all responsibility concerning this subject.

5. BEING OFFENSIVE: To keep from offending others, it is important for the user to take time to learn proper net etiquette. Severe violations of net etiquette can result in the user and the system administration being flooded with mail from around the world. Causing such a severe violation can result in termination without recourse of the user's account. The user also agrees not to use FMTC for harassment, threats, verbal abuse, and persistent unwanted contact of any kind. Harassment covers any use of the service to directly or indirectly contact any other user (including users of another Internet service) in an unwanted fashion. Harassment can be active, in forms such as unwanted email, chat messages, or verbal declarations on a public forum, or can be passive in the form of defamatory information posted on web sites.

6. COMMERCIAL ADVERTISING: FMTC does not allow commercial advertising with personal accounts, or posting commercial ads to news groups.

7. BUSINESS ACTIVITY: The user understands that they may not use their personal web space for business activity including, but not limited to, selling/advertising on their web page for gain unless web space is purchased for a domain name. The user also understands that they may not resell this internet service to any persons or businesses for gain, or for use in an illegal, fraudulent or inappropriate manner. Interpretation will be at the sole discretion of FMTC.

8. PERSONAL WEB SPACE: The user is forbidden from violating copyright laws and uploading illegal or unauthorized pictures, music, movies, or software to their Personal Web Space provided by FMTC Internet Service. The user also agrees that they will not establish or operate a web server, email server, FTP server, file server or run any other server applications and/or software providing server like functionality in connection with the service without the knowledge and permission of FMTC. Interpretation will be at the sole discretion of FMTC. Such activity can result in immediate account termination without recourse.

9. BILLING: The user’s account payment is due by the 20th of each billing cycle month. Accounts disconnected for nonpayment will require a new setup fee. There will be a fee for all checks returned to FMTC unpaid, and the account will be suspended until payment, in full, is received by FMTC. 30 days notice is required for voluntary account termination (Penalties may apply. See “Early Termination of Contract” clause). Account changes require a 15 day prior notice. Additional fees will be assessed for exceeding allotted hours, bandwidth, multiple login activity and/or excessive disk space. The user agrees to promptly notify FMTC of any change in their billing information. Monthly charges for Internet service and additional features or services are billed in advance and are not refundable if service is discontinued in the middle of a billing cycle. The user agrees to pay for service on or before the date the amount is due.

10. AGE LIMITS: Users under 18 years of age may not access this service without parental approval. To sign up for FMTC Internet Service, person(s) must be 18 years of age or older.

11. USER AGREEMENT: All users are responsible for all actions in conjunction with their service regardless of who uses their service. The user will not hold FMTC, its members nor it's employees responsible for any harm nor blame for any activities in connection with the use of their account. The user understands that their account can potentially provide access to items described above. (See www.fmtc.com for up-to-date terms and conditions).

12. DISRUPTION/HACKING: The user agrees not to make any attempt to disrupt or attack the systems or services provided by FMTC or any third party. This includes any deliberate attempt to interfere with another user’s ability to take advantage of services offered online. This also includes any effort to secure access to hardware and services without the consent of the provider of those services. Hackers will be subject to the full extent of criminal law, and FMTC reserves the right to seek damages or legal recourse against users who abuse, attack, or hack their systems, servers or services.

13. SPAMMING OR SPAM: The sending of unsolicited bulk e-mail, or the posting of commercial ads to news groups, email, chat, messaging, chain letters, advertisements, jokes, ect, will subject the user’s account to immediate termination. The user further agrees not to collect or harvest account information without the expressed consent of those from whom the user collects the information. The user will be held liable for all charges associated with any of these offenses.

14. SYSTEM-WIDE E-MAILS: System wide e-mails are e-mails sent from FMTC to all users. All system wide e-mails will be sent only to addresses hosted by FMTC. Addresses not hosted by FMTC will not receive the e-mail.

15. EARLY TERMINATION OF CONTRACT: If the user decides to discontinue their internet service prior to the completion of their contract term, the user will be charged an “Early Termination Fee”. This fee is comprised of a determined amount, or the monthly cost per month remaining in the contract term, whichever is less.

16. MODEM RENTAL: DSL modems can be rented for a recurring monthly fee if the user so desires. If the user terminates their service with FMTC (either willingly or unwillingly) that user will be required to return to FMTC within 7 days the leased modem, box and cables. If the products are not returned within that time, the user is liable for the purchase of the DSL modem.

17. COPYRIGHT INFRINGEMENT: FMTC respects the intellectual property rights of others. FMTC will terminate the account of any user who unlawfully transmits copyrighted material without a license or privilege to do so. FMTC will terminate such account after receiving proper notification by the copyright holder, and if FMTC has a good faith belief, that infringement has occurred. This decision is at the sole discretion of FMTC. FMTC’s ability to terminate the user’s account is in addition to and not instead of any and all other remedies that FMTC has against the user under law.