1. By signing this order and agreement, you (Customer) agree to the terms and conditions of the INTERSTATE COMMUNICATIONS/L2S Customer Service Agreement and the INTERSTATE COMMUNICATIONS/L2S Acceptable Use Policy (collectively, Customer Agreement). INTERSTATE COMMUNICATIONS/L2S may modify its Customer Service Agreement and Acceptable Use Policy from time to time and shall provide you notice of such changes by Website publication, bill message or other commercially reasonable notice.

 

2. These services are provided by Interstate Communications doing business as Licensed To Speed (INTERSTATE COMMUNICATIONS/L2S).

 

3. Internet Accounts are assigned to individual Customers only. Only one user can access each individual account at a time.

 

4. All charges are billed monthly. Payment is due upon receipt of invoice. Accounts are in default if payment is not received within 21 days after date of invoice. If Customer payment is returned unpaid, Customer account is immediately in default and subject to a returned check charge of $20 from INTERSTATE COMMUNICATIONS/L2S. Accounts unpaid 30 days after date of invoice may have their service disconnected. Disconnection does not relieve you from the obligation to pay the monthly charge. A reconnect fee of $40 will be charged to restore service for L2S and $15 for INTERSTATE COMMUNICATIONS. Only a written request to terminate your service provided by INTERSTATE COMMUNICATIONS/L2S relieves you of your obligation to pay the monthly account charge. If you default, you agree to pay INTERSTATE COMMUNICATIONS/L2S its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under the Customer Agreement. INTERSTATE COMMUNICATIONS/L2S reserves the right to change the rate schedule at any time and shall provide you notice of such changes by Website publication, bill message or other commercially reasonable notice.

 

5. INTERSTATE COMMUNICATIONS/L2S make no attempt to verify accurate receipt of any message and is not responsible for any loss of data resulting from delays, non-deliveries, incorrect deliveries, viruses, E-mail filtering or service interruptions, including those caused by negligence, errors or omissions of INTERSTATE COMMUNICATIONS/L2S, nor for consequential damages, regardless of their cause.

 

6. INTERSTATE COMMUNICATIONS/L2S provides a Toll free number and a local access telephone number and is not liable for any long distance charges Customer may incur.

 

7. Customer agrees to comply with the terms governing use of the INTERSTATE COMMUNICATIONS/L2S network and services.

 

8. INTERSTATE COMMUNICATIONS/L2S reserves the right to limit the size of Customer’s e-mail storage to 50 MB.

 

9. This Customer Agreement shall be governed by and construed in accordance with the laws of the State of Iowa applicable to contracts to be performed entirely within the state.

 

10. In the event Customer disconnects from INTERSTATE COMMUNICATIONS/L2S or otherwise terminates this contract before the expiration of the term set forth in this Customer Agreement, Customer hereby agrees to pay to INTERSTATE COMMUNICATIONS/L2S $200 and return the radio equipment in working order. If radio equipment is not returned within 30 days of termination of service by Customer, INTERSTATE COMMUNICATIONS/L2S will bill Customer $600 for the unreturned radio equipment.

 

11. It is expressly agreed and understood that INTERSTATE COMMUNICATIONS/L2S is not responsible for the information which may be accessed or received through the Internet and INTERSTATE COMMUNICATIONS/L2S does not warrant the accuracy or appropriateness of any information. Customer agrees to hold harmless INTERSTATE COMMUNICATIONS/L2S, its directors, officers and employees from any and all claims, which might arise from Customer’s use of the Internet.

 

12. Customer is executing this Customer Agreement solely in reliance upon Customer’s own knowledge, belief and judgment and no upon any representations made by INTERSTATE COMMUNICATIONS/L2S.

 

13. Customer agrees that INTERSTATE COMMUNICATIONS/L2S is only responsible for delivering the service to a single computer. Installation of service to additional computers or computer networks is the responsibility of Customer.

 

14. Customer agrees that INTERSTATE COMMUNICATIONS/L2S is not responsible for providing any type of anti-virus, firewall or filtering software. Setup, maintenance and use of such programs shall be solely Customer’s responsibility.

 

15. INTERSTATE COMMUNICATIONS/L2S services are for use by the account owner/Customer only and may not be resold, or assigned to a third party. Therefore, INTERSTATE COMMUNICATIONS/L2S services may not be extended beyond the account owner/Customer’s premise.

 

16. Customer agrees to hold harmless INTERSTATE COMMUNICATIONS/L2S and its directors, officers, agent and employees from all claims, demands and causes of action of every nature or kind, caused by, arising from or developing out of or as a result of any act or failure to act by INTERSTATE COMMUNICATIONS/L2S, whether or not negligent, in connection with the installation, maintenance, failure, removal, or use of any equipment, software or service provided by INTERSTATE COMMUNICATIONS/L2S hereunder. Customer expressly assumes all risks associated with installation and connection and INTERSTATE COMMUNICATIONS/L2S assumes no responsibility and expressly disclaims all liability for any damage to, or loss or destruction of your computer or any other hardware, software or equipment.

 

17. INTERSTATE COMMUNICATIONS/L2S MAKES NO WARRANTY, EXPRESS OR IMPLIED AS TO ANY EQUIPMENT, SOFTWARE OR SERVICE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ALL EQUIPMENT, SOFTWARE, AND SERVICES ARE SUPPLIED ON AN “AS IS”, “AS AVAILABLE” BASIS. IN NO EVENT SHALL INTERSTATE COMMUNICATIONS/L2S BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE EQUIPMENT, SOFTWARE OR SERVICE PROVIDED BY INTERSTATE COMMUNICATIONS/L2S HEREUNDER. IN ANY EVENT, INTERSTATE COMMUNICATIONS/L2S’S TOTAL LIABILITY UNDER THIS AGREEMENT FOR DAMAGES, COSTS AND EXPENSES, REGARDLESS OF CAUSE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY BY CUSTOMER. THIS LIMITATION SHALL APPLY TO ALL CLAIMS OF CUSTOMER OF ANY NATURE. NO REPRESENTATION, COMMUNICATION OR STATEMENT, WHETHER IN WRITTEN OR ORAL FORM, BY ANY INTERSTATE COMMUNICATIONS/L2S EMPLOYEE OR AGENT SHALL BE CONSTRUED TO ADD TO OR MODIFY ANY REPRESENTATIONS OR WARRANTIES HEREIN.