CUSTOMER AGREEMENT AND USAGE POLICY

By viewing this web page or using RTCI.NET Internet access, subscriber consents to be bound by this agreement.

The Software and Documentation provided are for use only as follows (I): the Internet access service initially offered in conjunction with the distribution of the software and documentation; and, (II) in accordance with the terms of this agreement. No right or license is granted to use the software documentation with any other Internet access.

GRANT

RTCI.NET hereby grants non-exclusive, non-transferable, limited license to access the Internet through RTCI.NET network and a non-exclusive license to use its accompanying software product and accompanying documentation on the following terms:

You may:

You may not:

TITLE

Title, ownership rights and intellectual property rights in and to the Software and Documentation will remain with RTCI.NET and/or its suppliers. The copyrights laws of the United States and international copyright treaties protect Software. Ownership rights and intellectual property rights in and to the content accessed through the Software or through RTCI.NET Internet Services are the property of this applicable content owner and may be protected by applicable copyright or other laws. This license gives you no rights to such content. You retain any rights you may have for data you posted to the Internet.

NO ASSIGNMENT

The benefits or rights conferred by this agreement are non-transferable and non-assignable. The connectivity provided is expressly limited to you. Resale or use of connection by another person(s) is prohibited.

DEFINITION OF SERVICES

Single Dial-up Internet Services provide Internet access to one user in a computer dial-up session. Single Dial-up Internet Services include Residential Basic Service. Multiple User Internet Services provide Internet access to one or more users, one or more computers, for single or multiple simultaneous sessions. Business Virtual Direct Service is a Multiple User Internet Service that provides Internet access through a single dial-up session. Business Direct Services are Multiple User Internet Services; which provide Internet access through a direct connection.

CHARGES AND BILLING

A valid credit card may be required to open an account for Single Dial-up Internet Services. A completed Internet Services Application is required for Multiple User Internet Services.

You agree to pay RTCI.NET all charges relating to use of your account(s). Single Dial-up Internet Service charges will be according to rates and prices published online at the time of use. Charges for Multiple User Internet Services will be as stated in the Internet Services Application or as otherwise agreed in writing. Charges for other services, such as promotional offerings and other services to be offered from time to time, will be according to prices published at the time.

Charges at the date of invoice will include the next month's access fee, the next month's other recurring charges, and additional usage charges incurred during the prior months, if any. Your first bill will be prorated according to the number of days of service left in the RTCI.NET billing period. Residential Dial-up customers will receive the first 30 days of service at no charge. Charges for all Business Services are payable commencing no later than one business day after receipt of applications by RTCI.NET.

For Single Dial-up Internet Services, you may elect payment by credit card, debit card, check or money order. You will be invoiced you your local phone bill for Internet services. You are solely responsible for informing RTCI.NET of new expiration dates and account numbers on listed credit card, debit card or accounts as appropriate. You are responsible for keeping RTCI.NET updated when your listed credit card has no remaining credit. Payments made by credit card or debit card will be charged on the first (1st) calendar day of each month. For payments made by check or money order, payment is due monthly on the twentieth (25th).

A $20 charge is assessed for returned checks and your account may be subject to immediate suspension. There is a $15 processing fee for all credit card or debit card transactions that are denied or cannot be processed. Your account may be subject to immediate suspension. Account(s) are considered delinquent if payment is not received by the date due and will be subject to an interest charge of 1.5% (or State law maximum amount) per month on the outstanding balance. RTCI.NET may, at any time, charge your credit card for amount(s) past due or due at the time RTCI.NET is notified of a declined debit/credit card or check returned for non-sufficient funds.

Accounts in default are liable for any and all attorney fees, court costs and collection agency fees or commissions under this agreement. Accounts canceled due to non-payment will be reported to a credit-reporting agency.

A fine of $500 will be charged for flagrant violation of the Allowable Use Policy contained herein. It is RTCI.NET's sole discretion as to what constitutes flagrant disregard and violation of Allowable Use.

Customer is responsible for any local or long distance phone charge(s) in connection to the Internet. RTCI.NET is not responsible for any phone charges incurred by any subscriber for any reason.

LIMITATION OF LIABLILITY

RTCI.NET exercises no control whatsoever over the content of the information accessed through its Internet Services. RTCI.NET Internet Services are provided on an "as available" basis, without warranty of any kind expressed or implied, including, but not limited to, the warranties of performance, merchantability and fitness for a particular purpose. RTCI.NET and/or contributors have no liability whatsoever for any claim(s) relating in any way to (I) inability or failure to perform research or related work or to work properly and completely, or (II) any lost profits or consequential, incidental, indirect or special damages relating in whole or in part to rights herein or use of, or inability to use, RTCI.NET Internet Services. RTCI.NET is not responsible for any damage(s) suffered, including but not limited to, loss of days resulting from delays, non-deliveries, miss-deliveries or service interruptions caused by its own negligence or subscriber errors or omissions. Use of any information obtained via RTCI.NET Internet Services is at subscriber's sole risk. RTCI.NET specifically declaims any responsibility for the accuracy or quality of information obtained through RTCI.NET Internet Service.

Under no circumstances, legal theory, tort, contract or otherwise, will RTCI.NET or its suppliers or resellers be liable for any indirect, special, incidental or consequential damages of any character including and without limitation, damages for loss of goodwill, work stoppage, computer failure/malfunction, or any and all other commercial damages or losses, or for any damages in excess of RTCI.NET's list price for a license to the Software and Documentation even if RTCI.NET will have been informed of the possibility of such damages for any claim by any other party. This limitation of liability will not apply to liability to the extent applicable law prohibits such limitation. Furthermore this limitation and exclusion may not apply in certain states, which do not allow the exclusion or limitation of incidental or consequential damages.

ALLOWABLE USE

Policies may be revised from time to time. You agree to abide by RTCI.NET's policies concerning use of RTCI.NET's Internet Services as published at the time of use.

RTCI.NET Internet Service may only be used for lawful purposes. Transmission of any material in violation of any federal or state statute regulations is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret. Subscriber agrees to indemnify and hold harmless RTCI.NET from any claim(s) resulting from use of RTCI.NET Internet Services.

Commercial advertisements are unwelcome in most Usernet discussion groups and most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is not allowed. Sending a message, especially an advertisement, to more than five recipients, is considered by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Unsolicited advertisements via e-mail, or discussion groups, whose charter does not explicitly allow advertisements, are not allowable.

Violations of RTCI.NET Customer Agreement and Allowable Use policies may result in account suspension or cancellation and subject to fines.

UNLIMITED USAGE

RTCI.NET offers unlimited usage to Single Dial-up Internet Services customer "Unlimited usage" does not mean "unlimited access". For every 8 hours of continuous connection subscriber must disconnect for 30 minutes. Unlimited dial-up accounts have no hourly charges when the account holder is wholly and exclusively engaged in personal, interactive Internet use. Multiple people may not use accounts for automated, unsupervised connections to the Internet or simultaneous connections. Accounts may not be connected with a "keep-alive" of any sort, such as, setting an e-mail program to check, periodically, unattended connections. RTCI.NET may disconnect dial-up connections after extended periods of inactivity or unauthorized use.

RESPONSIBILITY FOR ACCOUNT USE

Subscriber is responsible for all use of account(s) and confidentiality of password(s). RTCI.NET will suspend or change access upon notification that a password has been stolen, lost or compromised. RTCI.NET is not responsible for personal files residing online. Subscriber is responsible for independent backup of data stored. Subscriber is responsible for access and use of RTCI.NET's Internet Services by subscriber's personnel or equipment, whether or not subscriber possesses knowledge of such access or use.

If subscriber is less than 18 years of age, the application must be signed and the terms agreed to by a parent or legal guardian. Parent/Guardian is responsible for all charges rendered to the subscriber's account(s).

UNAUTHORIZED USE OF ACCOUNT

RTCI.NET will strongly react to any use or attempted use of an Internet account or computer without owner's authorization. Such attempts include 'social engineering' (tricking other people into releasing their passwords), password cracking, security hole scanning, denial-of-service attacks, (ping-flooding, sending packets with illegal packet size, UDP flooding, half-open TCP connection flooding, etc.) and the like.

Harassment or abusive use of e-mail and other Internet services are not allowed. Any unauthorized use of accounts or computers will result in warnings, account suspension or cancellation, and/or legal action, according to the seriousness of the violation.

LIMITATIONS ON RESOURCE USAGE

RTCI.NET reserves the right to impose limits on the total amount of disk space and other resources available for use on RTCI.NET operated computer mail accounts for dial-up account users are subject to a limit of 2MB. RTCI.NET reserves the right to delete, without notice, personal e-mail files that have not been accessed for more than one month.

Disk space for storage of web pages is available in amounts specific to each Internet Service package. Use of excess space will be charged on a monthly basis according to rates and prices published online at the time of use. RTCI.NET reserves the right to remove files that exceed allowed limits.

E-MAIL PRIVACY

Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination. Privacy can never be guaranteed; therefore, users seeking total privacy should use encryption to render messages unreadable by eavesdroppers. With regard to RTCI.NET mail servers, RTCI.NET places a high value on privacy and will only examine users mail when absolutely required, for example when troubleshooting e-mail delivery problems or being presented with a search warrant for the information.

ILLEGAL MATERIAL

RTCI.NET prohibits any and all use of RTCI.NET's network for illegal purposes. When presented with a search warrant, RTCI.NET is obligated to release any information named therein, and will cooperate with proper authorities in any criminal investigation.

RTCI.NET recognizes that the legal status of the Internet has not been resolved satisfactorily, either through legislation or court precedent. Therefore, RTCI.NET must make certain decisions regarding the legality of various actions. Among the actions RTCI.NET considers illegal and therefore will not allow on its network are: unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. RTCI.NET believes the First Amendment right to free speech, freedom of the press and freedom of association apply to the Internet to the same degree as they do to print media.

WEB SERVICE

RTCI.NET provides personal web space to dial-up customers. RTCI.NET includes web service in its enhanced packages and hosts commercial web pages for a fee. In all cases, the web pages reside on RTCI.NET computer equipment giving RTCI.NET some ethical responsibility for the content of such pages. RTCI.NET will handle potentially inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code and obscene material.

Personal web space provided under any Residential Service may not be used for purposes that can be deemed as an attempt to sell a product or service. Only web provided under non-Residential Services account may be used for commercial activity.

Domain name service is available. Subscriber is responsible for domain name registration with Network Solutions for an additional fee charged by Network Solutions. RTCI.NET charges a setup fee for adding a registered name on its domain name server.

RTCI.NET grants non-exclusive, non-transferable, limited license to store documents on a RTCI.NET Internet World Wide Web server. RTCI.NET will bill for usage in accordance with prices published at the time of use.

TERM AND TERMINATION

This agreement will become effective on the date the service application is entered into RTCI.NET's system. RTCI.NET, at its sole discretion, may terminate this agreement immediately or suspend access upon any breach of the Agreement.

Subscriber is responsible for notifying RTCI.NET of desire to terminate an account. Charges will continue to accrue until notification to RTCI.NET of account termination, or until your account is cancelled due to non-payment as stated in "Charges and Billing." If an account is canceled due to non-payment, account will be in default and subject to any and all late fees and collection fees.

License granted will terminate automatically upon failure to comply with any limitation described herein. Upon termination, subscriber must destroy all copies of Software and Documentation.

EXPORT CONTROLS

None of the Software, underlying information or technology may be downloaded or otherwise exported into (or to a national resident of) Cuba, Iraq, Lebanon, North Korea, Yugoslavia, Iran, Syria or any country to which the United States has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or on the installation process), then the following applies; except to export to Canada for use in Canada by Canadian citizens, the Software and any underlying technology may not be exported outside the United States or to any foreign or foreign person as defined by US Government regulations, including without limitation, anyone who is not a citizen, national or lawful permanent resident of the United States. By downloading or using the software, you are agreeing to the foregoing and are warranting that you are not a "foreign person" or under the control of a foreign person.

EFFECT OF AGREEMENT

This Agreement (including current and future Schedules) represents the complete agreement concerning license between the parties and supersedes any prior agreement and/or representation.

MODIFICATION OF TERMS AND CHARGES

RTCI.NET reserves the right to change rates or modify provisions under this Agreement by written or online notification to subscriber at least thirty (30) days prior to effective date of said change. Use of RTCI.NET Internet Service after such notice will constitute acceptance of the modification(s) to this Agreement.

UNFORESEEABLE CIRCUMSTANCES

RTCI.NET's performance is subject to interruption and delay due to causes beyond its reasonable control.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable.

NOTICES

Except as otherwise provided herein, all notices must be given in writing to the following:

RTCI.NET
892 West Madison Ave
Glenns Ferry, ID 83623

GOVERNING LAW

This Agreement is governed by and construed under the laws of the states of Idaho and Nevada except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly included.

U.S. GOVERNMENT RESTRICTED RIGHTS

U.S. duplication or disclosure of Software and Documentation by the Government subject to restrictions set forth in subparagraphs (a) through (d) of the commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause DFARS 252.22-703, or at 252.211`-705, and in similar clauses in the NASA FAR Supplement.