Usage Agreement

This Independent Cable System of Idaho (ICS of Idaho) Customer Agreement (" Agreement") is entered into between ICS of Idaho, having an office at 550 E 2nd S, Soda Springs, ID 83276, and the Customer ("Customer" or "you"). The parties agree to the following Terms and Conditions.
1. INSTALLATION.
1.1 You authorize ICS of Idaho or its authorized contractors to install a customer premise unit, software, wiring and other equipment ("Equipment"), at the address you provide ("Premises") to receive ICS of Idaho high speed cable Internet service ("Services").
1.2 To provide Services, ICS of Idaho is required to complete the installation of various equipment and wiring at your Premises. The standard Installation includes but is not limited to the installation of the modem and the routing of cable, as applicable by the most direct path to your computer. Any custom installation work that you request, including placing cable under carpet, through cabinets, through interior walls or inside molding, will require an additional charge that must be paid at the time the installation work is performed. ICS of Idaho will not be liable for any alterations to Premises that result from the installation or removal of Equipment, including but not limited to, any holes in walls or cable wiring. For Services, ICS of Idaho will also install the modem and configure the computer IP settings. You must provide and maintain the computer necessary to receive Services, including a working Ethernet or USB port.
2. SERVICES.
2.1 ICS of Idaho will provide Services to you subject to the terms and conditions of this Agreement and any applicable tariffs.
2.2 You represent and warrant you are at least 18 years of age, appreciate and understand the words and terms of this agreement and verify and acknowledge that Services are being installed with your permission in your home, business, or designated location.
2.3 ICS of Idaho may revise, modify or discontinue any or all aspects of Services, including but not limited to Services and Equipment prices, any applicable tariffs, and any terms and conditions in this Agreement.
2.4 You will install, operate, and maintain any hardware or software not provided by ICS of Idaho ("Customer-provided"). ICS of Idaho is not responsible for the information transmitted or received on any hardware or software provided by you.
2.5 You will ensure that any hardware or software you provide is compatible with Services. If this hardware or software impairs your use of Services, you will continue to pay ICS of Idaho for Services. If ICS of Idaho notifies you that hardware or software provided by you impairs or is likely to impair Services, you agree to eliminate the impairment. ICS of Idaho may suspend Services until the impairment is corrected. At your request, ICS of Idaho may troubleshoot difficulties caused by hardware or software provided by you at ICS of Idaho’s then current standard list prices.
2.6 ICS of Idaho is not liable if any changes in the Services cause any hardware or software provided by you to become obsolete, require alteration, or affect performance of the hardware or software.
2.7 To prepare for Services you will at your expense, prepare your site(s) to comply with ICS of Idaho’s installation and maintenance specifications; pay ICS of Idaho any applicable charges to relocate any installed Services; provide ICS of Idaho and its suppliers reasonable access to Premises to perform any required acts; and be responsible for cabling that connects equipment not provided by ICS of Idaho to Services.
2.8 You acknowledge that you are purchasing the modem, and in the event you terminate the Services, ICS of Idaho will have no obligation to remove the modem from the Premises.

3. TERM
This Agreement will have either a month to month term or other term ("Term"), as mutually agreed.
4. PAYMENT TERMS.
4.1 You agree to pay for Services and all other charges described in this Agreement, including the Work Order, and to comply with all of the terms and conditions of this Agreement. You will pay ICS of Idaho’ invoice(s) in U.S. currency by the invoice due date. You will pay any applicable sales, use, excise and like taxes and franchise fees if applicable and as stated separately on each invoice. If you fail to pay all valid charges for Services when due, ICS of Idaho may charge you interest on those charges equal to the maximum rate allowed by ICS of Idaho tariff(s) or by law.
4.2 If you fail to pay any amounts owing to ICS of Idaho within 30 days, ICS of Idaho will have the right to disconnect your Services. Upon disconnection, you agree to pay all amounts owing to ICS of Idaho.
4.3 Subject to availability, ICS of Idaho may offer to you additional services, subject to terms and conditions of the then current ICS of Idaho price list.
5. SERVICE INTERRUPTIONS.
5.1 Although ICS of Idaho will make commercially reasonable efforts to maintain Services, you may experience service interruptions. ICS of Idaho assumes no responsibility or liability for interruption of Services, whether due to (without limiting the generality of the foregoing):
a. Failure of any part of Service for any reason, whether related to hardware, software, wiring or any other Equipment;
b. Interruptions due to periodic testing or system alterations, including modifications to Equipment;
c. Power failures, riots, civil unrest, acts of war, or acts of god, including hurricanes, floods, ice, wind, lightning, and accidents, or
d. Regulations, orders, decisions or acts of any lawfully constituted authority or court.
6. SERVICE AND REPAIRS
6.1 ICS of Idaho assumes no responsibility for the operation, maintenance or repairs of your computers, computer peripherals, or existing wiring.
7. ACCEPTABLE USE POLICY.
7.1 When you use Services for Internet access, you may not:
a. restrict or inhibit any other user from using the Internet;
b. post or transmit any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted, or otherwise objectionable information of any kind, including without limitation any transmissions, constituting or encouraging, conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation U.S. export control laws and regulations;
c. post or transmit any information or software that contains a virus or other harmful component;
d. post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through Services for commercial purposes;
e. upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;
f. upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or derivative works, as Services are copyrighted as a collective work under U.S. copyright laws;
g. remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;
h. avoid, bypass, remove, deactivate or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;
i. send unsolicited e-mail that causes complaints from the recipients of the unsolicited e-mail;
j. send large quantities of unwanted or unsolicited e-mail to individual e-mail accounts (also known as "spamming" or "mailbombing");
k. make any unauthorized attempt to gain access to any account or computer resource not belonging to that user (also known as "spoofing");
1. obtain or attempt to obtain Services by any means or device with intent to avoid payment;
m. unauthorized access, alteration, destruction, or any attempt, of any information of any ICS of Idaho customers or end-users by any means or device;
n. knowingly engage in any activities that will cause a denial of Services (e.g., synchronized number sequence attacks) to any ICS of Idaho customers or end-users;
o. use ICS of Idaho 's products and services to interfere with the use of the ICS of Idaho network by other customers or authorized users;
p. violate the law or aid another in any unlawful act;
q. resell your Services or any other ICS of Idaho service to any third parties without prior express written consent;
r. run programs or servers that provide network services to others through the Services ("web hosting"), which includes, but is not limited to, operating a web/mail/ftp/file server to serve external connections; or
s. any other activity added to ICS of Idaho’’ acceptable use policy, found online at www.icsofidaho.net which is hereby incorporated by reference.
7.2 Except for information, products or services clearly identified as being supplied by ICS of Idaho, ICS of Idaho does not operate or control any information, products or services on the Internet.
7.3 The Internet contains unedited materials that may be offensive or objectionable to you. You access such these materials at your own risk. ICS of Idaho has no control over and accepts no responsibility for these materials.
7.4 YOU UNDERSTAND THAT YOU MAY BE HELD LIABLE BOTH UNDER CIVIL AND CRIMINAL LAW FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES AND PROFITS, ATTORNEY'S FEES, COSTS, OR THE COURT MAY AWARD STATUTORY DAMAGES UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO INCLUDE FINES AND IMPRISONMENT.
7.5 ICS of Idaho may deny you access to all or part of the Services without notice if you engage in any conduct or activities that ICS of Idaho in its sole discretion believes violates any of this Agreement's terms and conditions. If ICS of Idaho denies you access to Services because of a violation, you will have no right (1) to access through ICS of Idaho any materials stored on the Internet, or (2) to access third party services, merchandise or information on the Internet through ICS of Idaho , and ICS of Idaho will have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.
7.6 ICS of Idaho has no obligation to monitor Services. You agree that ICS of Idaho has the right to monitor Services electronically from time to time, and you consent to ICS of Idaho ’’ access, use and disclosure of any information as necessary to satisfy any law, regulation or other governmental request, to operate Services properly, to improve Services, or to protect itself or its customers. ICS of Idaho reserves the right to refuse or to remove any information or materials, in whole or in part, that in its sole discretion are unacceptable, undesirable, or in violation of this Agreement.
7.7 If you wish to make purchases on the Internet, you may be asked by the merchant or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide any merchant or information or service provider on the Internet for the purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Internet set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when the charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases on the Internet.
Section 8. LIABILITY AND INDEMNIFICATION.
8.1 ICS OF IDAHO AND ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY LOSS OF DATA OR DAMAGE TO HARDWARE THAT OCCURS DURING INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF ICS OF IDAHO SERVICES. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO COMPLETELY BACKUP YOUR COMPUTER BEFORE INSTALLATION. YOU FURTHER AGREE THAT ICS OF IDAHO OR ITS SUBCONTRACTORS ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH YOUR COMPUTER AFTER INSTALLATION OF OR ANY SUBSEQUENT SERVICE PERFORMED ON YOUR COMPUTER IN SUPPORT OF ICS OF IDAHO SERVICES.
8.2 ICS of Idaho is not liable in contract or tort for unauthorized access by a non-ICS of Idaho individual or entity to customer's transmission facilities or customer premise equipment, or for unauthorized access to, or alteration, theft, or destruction of customer's data files, programs or other information through accident, wrongful means or any other cause.
8.3 YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSS OR DAMAGES RESULTING FROM ANY CAUSE, INCLUDING ICS OF IDAHO 'S OR ITS SUBCONTRACTOR'S NEGLIGENCE, WILL BE A REFUND OF ANY SERVICES, CHARGES AND FEES PAID TO ICS OF IDAHO UP TO THE TIME THE DAMAGE IS DISCOVERED. NEITHER ICS OF IDAHO NOR ITS SUBCONTRACTORS WILL BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DAMAGES TO PROPERTY, OR LOSS OF BUSINESS.
8.4 THE SERVICES ARE "BEST EFFORT" AND ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. ANY WARRANTIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FINES FOR USE FOR PARTICULAR PURPOSE OF WARRANTIES OF NON-INFRINGEMENT. NO ICS OF IDAHO ADVICE OR INFORMATION GIVEN WILL CREATE A WARRANTY. NEITHER ICS OF IDAHO NOR ITS AFFILIATES WARRANT THAT SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.5 IT IS SOLELY YOUR 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 THROUGH SERVICES OR ON THE INTERNET GENERALLY. ICS OF IDAHO , ITS AFFILIATES OR ITS SUBCONTRACTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE SERVICES OR TO ACCESS THE INTERNET OR YOUR RELIANCE ON OR USE OF OFFERS, CLAIMS, REPRESENTATIONS, PROMOTIONS AND TRANSACTIONS, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE INTERNET OR INTERNET SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSION OR ANY FAILURE OF PERFORMANCE.
8.6 You agree that you will properly use Services and will not, nor will permit or assist others to, use Services for any purpose other than their intended purpose, fail to maintain a suitable environment according to the manufacturer's specifications, or tamper with Services. If you fail to comply with this Section, you will release ICS of Idaho from all liabilities or obligations (including any warranty or indemnity obligation) to you under this Agreement and you will pay ICS of Idaho all costs or damages ICS of Idaho incurs. If any person not a party to this Agreement makes any claim against ICS of Idaho , its affiliates or its subcontractors, relating to Equipment or Services that are the subjects of this Agreement, or arising out of the use of the Equipment or Services by you or an authorized user of your account, including the placement or transmission of any message, information, software or other materials on the Internet, you agree to indemnify and hold ICS of Idaho, its affiliates and subcontractors harmless from any and all such claims and lawsuits, including the payment of all damages, expenses, costs and attorney’s fees.
8.7 The limitations on liability and indemnification provisions expressed in this Agreement will inure to the benefit of and apply to ICS of Idaho’s parent, subsidiary and affiliated companies, and to any subcontractors performing work on ICS of Idaho’s behalf.
8.8 This Section 8 will survive termination of this Agreement.
Section 9. MISCELLANEOUS.
9.1 You may agree to notify ICS of Idaho of any change of occupancy or ownership or tenancy. If you vacate Premises, this Agreement will be subject to termination and ICS of Idaho will have the right to disconnect Services.
9.2 You warrant that you own Premises to which Services will be provided, or you have obtained the valid consent of the owner for any necessary changes to Premises or with Premises wiring that arise out of the installation, maintenance, repair and removal of Equipment. Customer agrees to hold harmless ICS of Idaho for any damages or losses caused by your failure to secure appropriate permission. ICS of Idaho may in its discretion, require evidence that Customer has obtained appropriate permission.
9.3 You agree that you will not permit or assist others to abuse or fraudulently use Services, including, but not limited to, unauthorized or attempted access, alteration, or destruction of another ICS of Idaho customer's information, or using Services that cause interference with another customer's or authorized user's use of the ICS of Idaho network. Illegal and unauthorized attachments to its facilities are costly to ICS of Idaho and may create interference and a degradation of Services to other customers. ICS of Idaho will be obligated to seek legal redress and assist in the criminal prosecution in matters involving illegal and unauthorized connections and attachments and injury to its wiring or facilities.
9.4 ICS of Idaho 's failure to enforce strict performance of any provision of this Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice will act to modify any provision of this Agreement.
9.5 This Agreement shall be exclusively governed by and construed in accordance with the internal laws of the state in which you are using services provided by ICS of Idaho, without regard to such state's provisions on the conflict of laws, or, as applicable, in accordance with federal law.
9.6 ICS of Idaho may assign to you on a temporary basis a Public or Private Internet Protocol Address from the address spaces assigned to ICS of Idaho ("IP Address"). You acknowledge that the IP Address is the property of ICS of Idaho, is assigned to you as a service by ICS of Idaho, and is not portable. ICS of Idaho reserves the right at its sole discretion to change the IP Address assignment at any time during the Term of this Agreement without prior notice and without liability. ICS of Idaho will use reasonable efforts to avoid any disruption to you resulting from any renumbering requirement by notifying Customer via their primary email account before to the change. You agree that the IP Address provided by ICS of Idaho will be returned to ICS of Idaho on the termination date of this Agreement.
9.7 With email notification, ICS of Idaho reserves the right to charge for customer calls into technical support or for on-site technical support.
9.8 Additional services may be offered as available and may be subject to service specific terms and conditions and pricing.
9.9 Subject to availability, ICS of Idaho may support and charge for the connectivity of multiple computers to a single connection. ICS of Idaho will not support file and print sharing or other local area network functionality.
9.10 In accepting this Agreement, you are not relying on any representations or promises not in this Agreement. When signed by the parties, the Agreement will constitute the parties' entire understanding regarding Equipment and Services; and supersedes all agreements or discussions, oral or written, regarding Equipment and Services, unless explicitly in this Agreement.
9.11 ICS of Idaho is an independent contractor under this Agreement. The parties' relationship and this Agreement will not constitute or create an association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or affiliates.
9.12 If either party fails to enforce any right or remedy under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party.
9.13 This Agreement's benefits do not extend to any third party, unless expressly stated in this Agreement. ICS of Idaho may assign this Agreement without your prior written consent if (a) the assignment is to a successor in interest, by merger, operation of law, or by assignment, purchase, or otherwise of ICS of Idaho 's entire business, or (b) the assignment is to the parent, affiliate or subsidiary of ICS of Idaho .
9.14 Neither party will use the name, service marks, trademarks, or trade secrets of the other party or any of its affiliates for any purpose, including, but not limited to, press releases, without the other party's written consent.
9.15 The parties may modify this Agreement only by written amendment signed by the parties' officers or authorized designees.
9.16 Notice to you will consist of updating the Terms and Conditions on the ICS of Idaho website or sending an email to your primary ICS of Idaho Services.
9.17 You grant to ICS of Idaho or any appointed subcontractors an irrevocable license to enter into or onto your Premises during normal business hours, Monday through Saturday, in order to install, repair, replace or remove Equipment. This license will be effective whether or not you are present during the service call. This license will survive termination or cancellation of this Agreement and will run with the land and inure to the parties' successors and assigns.
9.18 If you change your address, you will notify ICS of Idaho of your new address before the move and you will remain liable for all of its obligations under this Agreement. You agree to pay the standard ICS of Idaho transfer charges plus any additional payments required for installation of Equipment at Customer's new location.