This document (the “User Agreement”) contains the terms and conditions of an agreement between You and TBC Holdings, LLC (“TBC HOLDINGS”).  This is a legally binding contract, and by establishing an account with TBC HOLDINGS, or by using any of the Services provided by TBC HOLDINGS as described in this Agreement and each time therafter that You use any such Service, You agree to be bound by these terms and conditions.  If You do not agree to any provision of this Agreement then You may not use TBC HOLDINGS’s Services, and by using any of said Services You are acknowledging that TBC HOLDINGS provides such Service in reliance on these terms and conditions and Your agreement to be bound thereby.

Please be aware that in the future TBC HOLDINGS may change the terms of the User Agreement without notice to You and in its sole discretion.  In such event TBC HOLDINGS will publish the revised User Agreement on its website at www.tbcnet.com.   You agree to review the User Agreement as it is posted from time to time.  Any changes shall be effective immediately upon posting the revised User Agreement on TBC HOLDINGS’s website, and Your continued use of Services provided by TBC HOLDINGS thereafter shall be deemed Your agreement to any such revised terms.  TBC HOLDINGS may also choose to notify You of any changes to the User Agreement by sending notice to You in writing, by email, or via other means, but TBC HOLDINGS shall not be obligated to do so.

By using TBC HOLDINGS’s Services to access the Internet, You agree that You have read and understood this User Agreement, and that You agree to be bound by all terms and conditions stated herein.  If You do not agree to each and every one of these terms and conditions, or any subsequent revisions or amendments thereto, You should discontinue use of TBC HOLDINGS’s Services immediately and notify TBC HOLDINGS in writing within thirty (30) days of the publication of any revisions to the User Agreement.  Upon receipt of such written notification, TBC HOLDINGS shall refund a prorated amount of the cost of its Services to you as of the date you discontinued using its Services, but it no event shall such proration be for more than thirty (30) days of the cost of TBC HOLDINGS’s Services.

General Terms and Conditions
Definitions:     

1. “TBC HOLDINGS” means TBC Holdings, LLC, an Illinois Corporation located at 1626 DeKalb Avenue, Sycamore, Illinois 60178, and online at www.tbcholdings.com
2. “You” means the user of TBC HOLDINGS’s Services, and includes all persons having an account with TBC HOLDINGS, contracting for TBC HOLDINGS’s Services, accessing TBC HOLDINGS’s Services via another’s account, and all members of such person’s household or for business accounts all employees of said person.
3. “Services” or “Service” means each and every Service You receive or expect to receive from TBC HOLDINGS, including without limitation connectivity to the Internet; voice and/or data transmission, storage, or retrieval; physical or virtual connection(s) between computers or other electronic devices; repair, maintenance, installation, supply, shipment, delivery, or acquisition of hardware, software, or related technology; and, providing, delivering, storing, or otherwise dealing with email or similar means of electronic communication.
4. “Internet” means the interconnected network of computers and data channels by which a person may access information across such computers, and includes both private and public networks, including without limitation the network commonly referred to as the “World Wide Web”.

1.  Payment for TBC HOLDINGS Services is due upon activation or providing of Services to You, unless otherwise agreed to in writing by TBC HOLDINGS.  Payments for continued periodic Services are due prior to the commencement of each period or term for which Services are to be provided.  For example, if a Service subscription is monthly, then payment is due prior to the first of the month for that month’s Service.  Failure to pay for Services within five (5) days of the due date will result in suspension of Your account and of TBC HOLDINGS’s Services to You.  TBC HOLDINGS accepts payment only in the form of cash, check, or credit card, and only in U.S. Dollars.  Checks returned for other than bank error will result in immediate suspension of Your account, and of TBC HOLDINGS’s Services to You, and You shall pay to TBC HOLDINGS a returned check fee of $25.00 or the actual fee charged to TBC HOLDINGS by its financial institution, whichever is greater.  If You pay TBC HOLDINGS by credit card, then TBC HOLDINGS will bill all charges for its Services to the credit card account You provide.  If Your credit card account is suspended, expires, changes, or for any reason becomes invalid, then You are responsible for any charges, expenses, or fees resulting to TBC HOLDINGS.  You are responsible to provide TBC HOLDINGS promptly with any new credit card information such as changes to account number, expiration date, address, etc.  TBC HOLDINGS shall not be responsible for any actions by any third party who might obtain Your credit card information transferred via the Internet, email, or other electronic means.  You are solely responsible for any charges billed to Your credit card by any third party.  In no event shall suspension of Your account relieve You of Your obligation to pay TBC HOLDINGS for Service provided.  TBC HOLDINGS cooperates with all banks, financial institutions, and law enforcement officials with respect to credit card fraud.  Use of fraudulent credit cards, or any suspicious activity with respect to the use of credit cards, shall immediately be reported to law enforcement authorities and/or the originating financial institution(s) for prompt legal action.
2. Service is provided for You and is additionally authorized for use by Your household or, for business accounts, for Your employees at the location where Service is provided only.  Resale of Your connection or any of TBC HOLDINGS’s Services is strictly prohibited.  Use of the Services by any unauthorized person is prohibited and shall be grounds for immediate termination of Services.  All persons using the Services provided to You by TBC HOLDINGS shall bear the same responsibilities as You under this User Agreement, but You shall be fully responsible for any unauthorized person’s use of the Services supplied by TBC HOLDINGS.  You may be required to establish a username and/or password to access some of all of TBC HOLDINGS’s Services.  You are solely responsible for any consequences arising in whole or in part out of Your failure to maintain the confidentiality of such username and/or password.
3. TBC HOLDINGS may terminate this User Agreement and discontinue any or all levels of Service under the same at its sole discretion.  In the event of such termination or discontinuation, if You are not in default of any provision of this User Agreement then Your account will be refunded on a prorated basis.  If this User Agreement is terminated by reason of Your default, then You shall be deemed to have forfeited any amount(s) paid to TBC HOLDINGS to date, but said forfeiture shall not relieve You of any balance owed in excess of said forfeited amount.  Subject to any subscription agreement or other written agreement, TBC HOLDINGS reserves the right to change or modify the terms of this User Agreement or the rates charged for its Services at its sole discretion.
4. TBC HOLDINGS cannot and does not guarantee the confidentiality or security of any of Your information, whether stored in hardware owned or operated by TBC HOLDINGS or elsewhere.  All use of TBC HOLDINGS’s Services is at Your own risk.  TBC HOLDINGS exercises no control whatsoever over the availability of information or over the content of information passing through its network or the Internet.  TBC HOLDINGS specifically denies any responsibility for the accuracy or quality of information obtained or transmitted through its Services.  TBC HOLDINGS will not be responsible for any loss or inaccessibility, or the consequences of any loss or inaccessibility, or data resulting from delays, non-deliveries, mis-deliveries, Service interruptions, or disconnections howsoever caused, whether caused by You,TBC HOLDINGS, or any other person.
5. Whenever accessing networks, groups, or sites by means of TBC HOLDINGS’s Services, You must comply with rules, protocols, customs, and standards applicable to each network, group, or site.  In particular, the Internet includes many sites, subnetworks, or locations with special standards and social customs.  You are strongly urged to research accepted practices for such Internet locations.  Repeated postings or transmission of articles, pictures, information, data, or other items deemed inappropriate or unacceptable for a particular location, or taking actions tending to result in large amounts of data transmission, spam email, high volume responses such as “flame” email, or other generally inappropriate usage is prohibited.  TBC HOLDINGS shall attempt to provide one warning to You if You violate this paragraph, but Your account may be terminated at anytime by TBC HOLDINGS, with or without warning, if TBC HOLDINGS determines that You have violated this paragraph.  Notwithstanding anything contained in this User Agreement, TBC HOLDINGS shall have the absolute and unilateral right in its sole discretion to deny use of its Services, including Internet connectivity, and to block, suspend, or otherwise prevent any person, computer, network, or location from accessing the same.
6. This User Agreement is subject to the terms of contracts and licenses held by TBC HOLDINGS and is subject to all applicable federal, state, and municipal laws and regulations now in force, or which may be enacted in the future, including without limitation rules and regulations of the Federal Communications Commission.  If TBC HOLDINGS determines in its sole discretion that such contracts, licenses, or legal authorities require that this User Agreement be modified or terminated, then TBC HOLDINGS shall promptly notify You and each party’s rights and obligations shall thereupon be changed to the extent necessary to comply with the contract, license, or legal authority.  If is the express intention of the parties hereto that the internal laws of the State of Illinois, USA, without regard for choice of law principles, shall govern the validity, construction, interpretation, and enforcement of this User Agreement, as well as the rights and duties of the parties hereto.
7. TBC HOLDINGS’s Services may only be used for lawful purposes.  Transmission or use of any material in violation of any federal, state, or municipal law or regulation now in force, or which may be enacted in the future, including without limitation the rules and regulations of the Federal Communications Commission, is strictly prohibited.  Such prohibited actions may included, merely as an example but without limiting the foregoing, the following: misuse of copyrighted or patented material; creation, transmission, or receipt of material legally judged to be threatening or obscene; misuse of material constituting a protected trade secret; or, any activity tending to support terrorism related efforts against the United States or any of its political subdivisions, allies, or protected international interests.  You are solely responsible to avoid illegal use of TBC HOLDINGS’s Services and for the handling of information and material obtained therefrom or transmitted thereon.  Any use of Your account or the Services associated therewith shall be deemed to be Your use of the same, and You shall be fully responsible for ensuring that no use of Your account or the related Services violates any provision hereof.
8. TBC HOLDINGS enters into this User Agreement, and provides its Services to You, upon the express condition that TBC HOLDINGS shall be free from all liabilities and claims for damages, loss, and or suits for or by reason of any injury or damage of any kind whatsoever, to any person, property, or entity, whether to You or any third party claiming by, through, under, or in association with You, occasioned by the use or misuse of TBC HOLDINGS’s Services, Your account, or the connectivity provided to You, or the information or material obtained therefrom or transmitted thereon, or by breach of this User Agreement by You.  You hereby covenant and agree to indemnify and save harmless TBC HOLDINGS, its owners, agents, employees, and related parties, from all liabilities, charges, expenses, fees, attorney fees, and costs incurred on account of or by reason of any such injuries, liabilities, claims, suits, or losses, however occurring, or damages arising out of the same.  The language “use or misuse” as used in this paragraph specifically includes without limitation activity that violates any law, order, ordinance, statute, rule, or regulation, whether judicial, municipal, state, or federal in nature.
9. Liability for any direct damages that may be incurred as a result of the failure of TBC HOLDINGS to perform its obligations under this User Agreement shall extend only to You and shall be limited to an amount equal to the amount paid by You to TBC HOLDINGS in connection with this User Agreement.  In no event shall TBC HOLDINGS be liable for any amount in excess of such limit, and in no event shall TBC HOLDINGS be liable for any indirect, incidental, or consequential damages, including loss of profits, arising from the failure of TBC HOLDINGS to perform its obligations under this User Agreement.
10. The prevailing party in any court proceedings arising out of or relating to the enforcement or alleged breach of any of the provisions of this User Agreement shall be entitled to reimbursement from the other party for all out of pocket expenses sustained or incurred in connection therewith, including reasonable attorney’s fees and court costs.
11. The invalidity or unenforceability of any particular provision or clause of this User Agreement shall not affect the other provisions or clauses thereof, and this User Agreement shall be construed in all respects as if such invalid or unenforceable provision(s) were omitted.
12. This User Agreement shall inure to the benefit of TBC HOLDINGS, its successors and assigns, and their respective legal representatives, agents, and employees.  This User Agreement may be assigned by TBC HOLDINGS without Your approval, and upon said assignment and acceptance by an assignee, TBC HOLDINGS shall have no further obligations hereunder.  You shall not be permitted to assign this User Agreement, and Your rights and privileges hereunder shall be specific to You alone.
13. This User Agreement supersedes all prior agreements, negotiations, and understandings, whether written or oral, and constitutes the entire agreement between the parties with respect to the matters herein set forth.  Notwithstanding the foregoing, if You have any other written agreement(s) with TBC HOLDINGS that govern the Services, your account, or the subject matter included herein, then such other agreement and this User Agreement shall be interpreted in harmony with one another whenever possible; any contradiction between this User Agreement and such other written agreement shall be resolved in favor of said other written agreement, which shall be construed as amending this User Agreement only to the extent reasonably necessary to resolve conflicting terms between the two.
14. TBC HOLDINGS shall not be deemed to have waived, excused, or otherwise altered any provision of this User Agreement that obligates You except by a written document executed by a duly authorized representative of TBC HOLDINGS.
15. TBC HOLDINGS shall not be responsible for delays or failures of performance resulting from acts or circumstances beyond its control, including without limitation acts of God, strikes, lockouts, riots, acts of war, acts of terrorism, epidemics, government regulations superimposed after the fact, fire, communication line failures, power failures, earthquakes, tornadoes, hurricanes, or other natural disasters.
16. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the object thereof and the context requires.
17. You acknowledge that the Services provided by TBC HOLDINGS may be obtained from other providers under terms and conditions different than those offered by TBC HOLDINGS, including those terms and conditions contained herein.  By accepting the Services provided by TBC HOLDINGS, you acknowledge that you have considered all options for obtaining the Services, and that the terms and conditions contained herein are good, reasonable, and suitable for the purposes intended.
18. TBC HOLDINGS may in its sole discretion provide upgrades to its Services, either in whole or in part.  Such upgrades may include revisions to hardware, software, or both, and TBC HOLDINGS shall not be required to notify You of any such upgrades.  If the use of TBC HOLDINGS’s Services requires the use of certain software on Your computer, then TBC HOLDINGS shall have the right to force automatic updates or installations of software to Your computer.  Upgrades to TBC HOLDINGS’s Services may not be consistent across all platforms and computers, and the performance and features of TBC HOLDINGS’s Services may vary depending on Your hardware, software, or other equipment.
19. You are solely responsible for protecting information on Your computer and related equipment by utilizing such measures as antivirus software, firewall(s), data filter(s), password policies, software updates, or other means.
20. You must notify TBC HOLDINGS about any billing problems or discrepancies within thirty (30) days after charges first appear on Your billing statement, or if Your account is setup for automatic payment then within thirty (30) days after any charge first appears on Your bank or credit card statement, as the case may be.  If You fail to notify TBC HOLDINGS of any disputes or discrepancies within said thirty (30) day time, then You agree that You waive the right to dispute the charges billed to You.
    
    

NOTICE REGARDING USE OF THE SYSTEM AND THE INTERNET BY MINORS: The Internet is a worldwide network. As such, it has sites in countries around the world and even locations in the United States that may not have the same laws and standards that are in effect in Your state and location. The information available through the Internet may include items of a violent or erotic nature or other items not appropriate for viewing or possession by minors. As previously indicated by the terms of this User Agreement, TBC HOLDINGS cannot and does not exercise any control over the information passing through its system. It is therefore Your duty to supervise the use of TBC HOLDINGS’s Services, its connectivity, and the Internet by minors.

By using TBC HOLDINGS to access the Internet, or any private or virtual private network via TBC HOLDINGS’s connectivity, You agree that You have read, understood, and agreed to be fully bound by all the terms and conditions of the foregoing User Agreement, including the NOTICE REGARDING USE OF THE SYSTEM AND THE INTERNET BY MINORS.  If You do not agree to these terms, You should immediately notify TBC HOLDINGS in writing and discontinue use of TBC HOLDINGS’s Services.