LCTurbonet.com

Lincoln County Telephone System, Inc. dba LCTurbonet.com ("Company") offers local Internet access service ("Service") to customers in accordance with the terms and conditions of this Agreement ("Agreement"). Company reserves the unilateral right to amend this Agreement. You should read this Agreement periodically to review the then-current terms and conditions because they are binding on you. Amendments to this Agreement shall automatically be effective upon posting on this website. Your continued use of the Service following the posting of any amendment will indicate your acceptance to the amended terms and conditions. If any amendment to this Agreement is unacceptable to you, you may terminate your account as provided in Section 12 below. By using the Service you accept and agree to the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, do not use the Service.

1.   Your Account

a.   You agree to provide Company with accurate, complete, and updated registration information.

b.   For Dial-Up Service, you must select a username (which Company will license to you) and password during account registration. For DSL Service, Company will make an internet address available to you while you use the Service. The internet address remains the property of Company.

c.   You assume total responsibility and risk for your account and use of the Service.

d.   You may allow other individuals in your household to use your account, but you may not allow a former customer, whose account was terminated by Company, (or any person acting on that former customer's behalf) to use your account.

2.   Promise to Pay

a.   You are responsible for paying all fees and applicable taxes associated with your use of the Service. Company is not liable for long distance telephone charges you may incur. For Dial-Up Service, you are responsible for verifying whether the access numbers you dial to connect to the Service are local, toll-free, or long distance telephone numbers.

b.   Service fees are invoiced in advance on your monthly telephone bill. Payment is due upon receipt of invoice.

c.   Your account is delinquent if payment is not received within 14 days after the invoice date. Company reserves the right without further notice to suspend or terminate your account and Service if your account is unpaid 15 days after the invoice date. Such suspension or termination of Service does not relieve you of the obligation to pay all of your account charges. Dishonored checks are subject to a returned check fee of $25. If your account is delinquent, you agree to pay a late charge of 1.5% per month (or the highest amount allowed by law, whichever is lower) on the outstanding balance. Additionally, you agree to pay Company its reasonable expenses, including attorneys' and collection agency fees, incurred in enforcing its rights under this Agreement.

d.   Company reserves the right to change its fees and billing methods from time to time.

3.   Customer Use

a.   Company's Service may only be used for lawful purposes.

b.   You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper operation of the Service. You may not take any action which imposes an unreasonable or disproportionately large load on Company's infrastructure. Security probing or security breaking tools are not allowed on any Company owned system.

c.   Customers accessing the Internet through simultaneous dial up connections are required to purchase additional dial-up accounts for each simultaneous connection.

d.    You agree not to use Company's Service to act as a provider of Internet services to others. Re-selling of data space on Company's servers by customers is strictly prohibited. A website or server directory is available to you with the expectation that it will be used by you or authorized members of your household and server space may not be re-sold to third-parties without Company's express written consent.

e.   Use of robots, services, or any automated software or device to initiate an unattended connection to Company or to maintain an open unattended connection to Company is not allowed. Use of such software or devices constitutes a violation of the terms of use and grounds for immediate termination of Service.

f.   You are allocated 5MB of disk space for your home directory/web/FTP space.

g.   You may make whatever material you like available for FTP or WWW as long as it is in compliance with this Agreement and it does not generate traffic in excess of limits specified by Company. If your Internet site requires large amounts of bandwidth, we reserve the right to restrict access to your site for such period as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles.

4.   Acceptable Use Policy

The following are violations of Company's policies:

a.   Using a personal account for high volume or commercial use;

b.   Using any account to host pornographic material;

c.   Exceeding (i) 5 GB of upstream data per month or (ii) 10 GB of downstream data per month with respect to single user accounts (Users will be monitored for usage);

d.   Exceeding (i) 10 GB of upstream data per month or (ii) 25 GB of downstream data with respect to multi-user accounts (Users will be monitored for usage);

e.   Exceeding (i) 15 GB of upstream data per month or (ii) 35 GB of downstream data with respect to LAN environment accounts (Users will be monitored for usage);

f.   Exceeding 5 MB of web space for your home account;

g.   Revealing your account password to others or allowing others to use your account (other than authorized users in your household).

5.   Customer Conduct

By posting information in or otherwise using any interactive communications service that may be available to you on or through the Service or this website, including without limitation chat rooms, message boards, or newsgroups, you agree that you will not store, post, transmit, display, or otherwise distribute, or facilitate distribution of any content that is:

a.   unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or vulgar;

b.   victimizes, harasses, degrades, or intimidates an individual or group of individuals;

c.   infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

d.   constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation;

e.   contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

f.   impersonates any person or entity.

6.   Privacy and Security

a.   While Company will take all commercially reasonable steps to keep your personal information private, you should not consider any communication to be protected or confidential.

b.   Any information you disclose in interactive communications services become public information and you should exercise caution when deciding to disclose your personal information over the Internet.

c.   You must notify Company immediately of any unauthorized use of your account or of any breach of security, whether known or suspected.

7.   No Control Over Content

a.   You acknowledge that Company has no control over the content of information, products, or services passing through Company equipment or facilities. Acquisition or procurement of information, products, or services through the facilities or services of Company occurs solely at your risk and Company expressly disclaims any responsibility for claims, losses, liabilities, or damages which any person or entity alleges arises from obtaining or disseminating such information, products, or services.

b.   Company generally does not pre-screen, monitor, or edit the content posted by users of interactive communications services that may be available on or through the Service or this website. However, Company has the right at its sole discretion to remove any content that, in Company's judgment, does not comply with this Agreement or is otherwise harmful, objectionable, or inaccurate. Company is not responsible for any failure or delay in removing such content.

c.   This website may produce search results or provide links to third-party websites. Company has no control over these websites and is not responsible for the accruacy, legality, decency, or any other aspect of the content of such websites.

8.   Software License

Company grants to you a non-exclusive, limited license to use Company software to connect to Company from authorized locations in accordance with this Agreement. This license is subject to the restriction that you may not modify, translate, reverse-engineer, reverse-compile, decompile, disassemble, or make derivative works from Company software.

9.   No Warranty

a.   You understand and agree that temporary Service interruptions may occur as normal events in the provision of the Service. You further understand that Company has no control over third- party networks you may access while using the Service, and therefore, delays and disruption of other network transmissions are completely outside of Company's control.

b.   YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SOFTWARE, SERVICE, AND INTERNET. ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH COMPANY ARE "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

c.   COMPANY, ITS AFFILIATES, AND THIRD-PARTIES WHO CONTRIBUTE TO THE SERVICE DO NOT WARRANT THAT THE SOFTWARE AND SERVICE ARE RELIABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

d.   COMPANY MAKES NO WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED, OR OTHERWISE OBTAINED, THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

e.   COMPANY DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10.   Limitation of Liability

a.   UNDER NO CIRCUMSTANCES SHALL COMPANY, ITS AFFILIATES, OR THIRD-PARTIES WHO CONTRIBUTE TO THE SERVICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOST SAVINGS, INTERRUPTION OF BUSINESS, OR BY REASON OF MISTAKES, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS IN SERVICE, OR FAULTY OR MISDIRECTED TRANSMISSION). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

b.   Company's maximum liability to you or anyone using your account for any and all damage, loss, or liability of any kind, including without limitation Company's negligence, shall be limited to the total amount you paid for the Service during the six-month period preceding the claim.

11.   Indemnity

Upon Company's request, you agree to indemnify, defend, through attorneys reasonably acceptable to Company, and hold Company, its officers, agents, and employees harmless from and against all claims, damages, losses, proceedings, liabilities, judgments, settlements, costs, or expenses (including reasonable attorneys' fees, fines, and penalties) of every kind and character that arise from your breach of any term or condition of this Agreement.

12.   Termination

a.    You may terminate your account by written or oral request to Company. Company will terminate your account promptly upon receipt of your termination request.

b.   Company reserves the right to determine, at its sole discretion, whether your use of the Service is consistent with the letter and spirit of this Agreement. Company further reserves the right to deny or terminate your access to the Service, with or without cause, effective immediately and without notice. Company shall not be liable to you or any third party should Company exercise these rights.

c.   Termination of your account does not make Company responsible for costs associated with other services you may have signed up for with Company or third parties on the Internet. You are responsible for canceling any additional services.

13.   Entirety of Agreement

This Agreement comprises the entire agreement between you and Company, superseding any prior agreements with respect to its subject matter.

14.   Survival

All provisions of this Agreement which may reasonably be interpreted or construed as surviving the completion, expiration, termination, or cancellation of this Agreement, will survive the completion, expiration, termination, or cancellation of this Agreement.

15.   Waiver

No waiver of any provision or consent to any action will constitute a waiver of any other provision or consent to any other action.

16.   Notice

Company may broadcast notices through the LCTurbonet.com website, which will be effective upon broadcast.

17.   Governing Law

a.   If any part of this Agreement is held invalid or unenforceable, that portion must be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect.

b.   The laws of the State of Nevada excluding its conflicts of laws rules govern this Agreement and your account. You agree and expressly consent to the exercise of personal jurisdiction in the State of Nevada in connection with any dispute or claim relating to or arising out of this Agreement. You further agree that exclusive jurisdiction for any dispute or claim relating to or arising out of this Agreement resides in the Lincoln County courts.

c.   The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.

18.   General

You represent and warrant that you are 18 years of age or older, that you have read this Agreement, and you accept and agree to this Agreement.