Johnson Communications

Johnson Communications

Hill City South Dakota

Terms Of Service

Johnson Communications Internet Services Agreement

1.1 The Internet Services provided by Johnson Communications, hereinafter referred to as "Johnson Communications", consist of computer on-line, interactive information, communications and transaction services. Johnson Communications are available to authorized users (hereinafter referred to as "Account Holder") through either dedicated lines, or other access through a personal computer, or computers, or through other access devices, using Software (e.g. the software used to connect to the Johnson Communications) and a communications connection (e.g., modem, telephone line). This agreement is hereinafter referred to as the "Terms of Services" or "TOS".

1.2 BY COMPLETING THE ACCOUNT SIGN UP PROCESS AND/OR USING THE JOHNSON COMMUNICATIONS SERVICES, ACCOUNT HOLDER AGREES TO BE LEGALLY BOUND TO AND ABIDE BY THE TERMS OF SERVICES, JUST AS IF ACCOUNT HOLDER HAD SIGNED THIS AGREEMENT.

1.3 Johnson Communications may modify its TOS at any time and in any manner. Any modification is effective immediately upon either a posting on the Johnson Communications web site, electronic mail, or conventional mail. If any modification to the TOS is unacceptable to Account Holder, Account Holder may immediately terminate service. ACCOUNT HOLDER'S CONTINUED USE OF THE JOHNSON COMMUNICATIONS SERVICES FOLLOWING MODIFICATION TO THE TOS SHALL BE CONCLUSIVELY DEEMED AS ACCEPTANCE OF SUCH MODIFICATION.

1.4 The Terms of Services Agreement and the Johnson Communications Service Account Setup Application together constitute the entire agreement between Johnson Communications and Account Holder with respect to the Johnson Communications, except and unless the parties have entered into a separate written agreement signed by Johnson Communications and Account Holder. Johnson Communications may discontinue or alter any aspect of the Johnson Communications services at its sole discretion and without prior notice or liability. Johnson Communications reserves the right to change or add any fees or surcharges at any time effective upon thirty (30) days' prior notice.

1.5 ACCOUNT HOLDER CERTIFIES TO Johnson Communications THAT THE ACCOUNT HOLDER, IF AN INDIVIDUAL, IS AT LEAST EIGHTEEN (18) YEARS OF AGE. IF NOT AN INDIVIDUAL, THE ACCOUNT HOLDER CERTIFIES THAT ALL USERS OF THE ACCOUNT SHALL BE OVER THE AGE OF EIGHTEEN (18). A minor's parent or legal guardian may authorize a minor's use of Account Holder's account under adult supervision, however, the Account Holder agrees to assume any and all liabilities resulting from minor's use.

1.6 Each Account Holder is responsible for all activities and charges resulting from use of Account Holder's Account(s) by any person, and for ensuring full compliance with the TOS by all users of Account Holder's Account(s). Johnson Communications Account(s) may not be transferred without prior written approval from Johnson Communications.

1.7 Account Holder is responsible for maintaining the confidentiality of Account Holder's password(s) and is liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the Johnson Communication service until Account Holder notifies Johnson Communications by calling 1-605-574-2699.

1.8 Johnson Communications may cancel accounts at any time after providing notice to Account Holder(s). Account Holder(s) may cancel their account by providing 30 days notice to Johnson Communications, or by providing 60 days notice to Johnson Communications if Account Holder uses a dedicated connection.

1.9 It is the Account Holder's responsibility to notify Johnson Communications of cancellation of service either verbally or by written notice. Johnson Communications will then prorate the Account Holder's final bill based upon the date of the cancellation notice. Account Holder is responsible for all monies owed prior to the date of cancellation.

2.0 Account Holder agrees to use the Johnson Communications Service only for lawful purposes. Account Holder is prohibited from posting to or transmitted through the Johnson Communications Service unsolicited bulk email (otherwise known as spamming), or any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Account Holder agrees to indemnify and hold harmless Johnson Communications for, from and against any and all claims, actions and all other expenses and liabilities incurred by Johnson Communications arising out of any violation by Account Holder of the terms of this TOS.

2.1 Account Holder acknowledges that the Johnson Communications Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights and that these rights are valid and protected in all forms. Account Holder may not modify, publish, transmit, participate in the transfer or sale, creation of derivative works, or in any way exploit, any of the Content, in whole or in part.

2.2 Failure to comply fully with the provisions of this Service Agreement or the Johnson Communications Account Setup Application may result in immediate suspension or termination of Account Holder's right to use the Johnson Communications Services. In the event of suit, action, or arbitration to enforce any of the terms of this TOS or the Account Setup Agreement, the prevailing party or parties shall be awarded such sum as the Court or arbitrator may adjudge reasonable as attorney fees in such suit, action, or arbitration and in any appeal therefrom.

2.3 IN NO EVENT WILL Johnson Communications BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF CUSTOMERS OR CLIENTS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF: (1) THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THIS SERVICE OR DOWNLOADED FROM THIS SERVICE; OR (2) ANY FLOOD, FIRE, OR ACT OF GOD OR OTHER FORCE OF NATURE.

Revised 05/15/2008