IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THIS IOWA TELECOM ISP SERVICES: THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (AN INDIVIDUAL, HEREAFTER REFERRED TO AS "YOU" OR "LICENSEE") AND IOWA TELECOM SERVICES ITS ("IOWA TELECOM" OR "LICENSOR") FOR THE ISP SERVICES, WHICH INCLUDES COMPUTER PROGRAMMING CODE AND MAY INCLUDE ASSOCIATED MEDIA, PRINTED MATERIALS, AND "ONLINE" OR ELECTRONIC DOCUMENTATION ("SOFTWARE"). BY INSTALLING, COPYING, OR OTHERWISE USING THIS SERVICE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES. YOU AGREE THAT YOUR USE OF THE SERVICES ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS.

Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect all Iowa Telecom software. The software is licensed.

MODIFICATION OF THESE TERMS OF USE:

Iowa Telecom reserves the right to change the terms, conditions, and notices under which Iowa Telecom services are offered. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of Iowa Telecom software constitutes your agreement to all such terms, conditions, and notices.

1. LICENSE:

Any fraudulent use of the software licensed under this EULA is a violation of this license and would constitute a breach of contract as well as copyright infringement. Iowa Telecom grants you a non-exclusive, non-transferable license to do the following: (i) reproduce and use the software on a single computer solely for your use; (ii) copy the software for back-up or archival purposes in accordance with your standard back-up or archival procedures.

2. LIMITATION OF LIABILITY:

Under no circumstances and under no legal theory, whether tort, contract, or otherwise, shall licensor or its suppliers or resellers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. In no event will licensor be liable for any damages in excess of the amount licensor received from you for a license to the software, even if licensor shall have been informed of the possibility of such damages, or for any claim by any third party. This limitation of liability shall not apply to liability for death or personal injury resulting from licensor's negligence to the extent applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not apply to you.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:

You may not do the following: (i) reverse engineer, decompile, translate, disassemble, or otherwise attempt to derive source code from the software, or authorize any third party to do any of the foregoing (ii) modify, or create derivative works based upon the software, in whole or in part; (iii) distribute copies of the software; (iv) remove any proprietary notices or labels on the software; or (v) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to the software. The software is licensed as a single product. Its component parts may not be separated for use on more than one computer. Iowa Telecom reserves any rights in the software not expressly granted to you in this EULA.

4. TERMINATION:

Without prejudice to any other rights, Iowa Telecom may terminate this EULA if you fail to comply with any of its terms and conditions. Upon notification of such termination, you must destroy all copies of the software and all of its component parts.

5. INTELLECTUAL PROPERTY RIGHTS:

All interest in any copyrights, patents, trade secrets, trademarks, and any other intellectual property rights in and to the software (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the software), the accompanying materials (if any), and any copies of the software, are owned by Iowa Telecom or its suppliers. Therefore, you must treat the software like any other material protected by intellectual property laws.

6. U.S. GOVERNMENT END USERS:

The software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government end users acquire the software with only those rights set forth herein. Manufacturer is Iowa Telecom ITS.

i. The term "paid subscription service without trial" refers to any software / subscription that was paid up front and will automatically renew / rebill at the end of the agreed subscription period unless cancelled by you or Iowa Telecom ITS.

ii. All charges and fees will be billed to your account and your billing period begins at the time of purchase, regardless if software is downloaded, installed, logged into, used or not.

iii. Subscription term of service: Your service begins when order is submitted, not from time of download. Service is a "per day" basis. Day ends at 11:59:59 pm U.S. Central time and begins next billing day at 12:00:00 am U.S. Central time.

iv. Automatic renewal: Subscription fees for regular memberships are automatically renewed at the end of the original term selected, for a like period of time, unless the cancellation procedure is successfully completed as described in section 8, paragraph vii. by the subscriber to Iowa Telecom. Subscription fees for trial or special introductory offers automatically renew to the subscription rate at the end of the original term selected, unless the cancellation procedure is successfully completed as described in section 8, paragraph vii. by the subscriber to Iowa Telecom. Unless and until this agreement is cancelled in accordance with the terms hereof, subscriber hereby authorizes Iowa Telecom to charge subscriber's account to pay for the ongoing cost of membership.

v. Non-assignability/theft of login: Your membership, user name and password (login) may not be assigned or transferred to any other person or entity. Subscriber must promptly inform Iowa Telecom or the site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a user name or password. Until Iowa Telecom is notified, by e-mail, or by telephone of any breach in security, the subscriber will remain liable for any unauthorized use of the service.

vi. You may cancel the Iowa Telecom subscription services at any time. You will not receive any refund or partial refund for any charges already billed to your account, unless within a specified refund period. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period.

vii. Termination/cancellation of subscription software: Subscription to the service may be terminated at any time, and without cause, by Iowa Telecom or the subscriber upon notification of the other by electronic or conventional mail, or by telephone or fax. When a member requests termination, subscription fees incurred up until cancellation (if any) are not refunded. Subscribers are liable for charges incurred by them until termination of service regardless if software is downloaded, installed, logged into or used. Subscriber may cancel their subscription(s) at any time by call Iowa Telecom Customer Service Department.

viii Account information: You must provide current, complete and accurate information for your billing account in order to receive the products ordered. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, telephone number, etc.), and you must promptly notify Iowa Telecom if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Changes to such information can be made via email at customerservice@iowatelecom.net. If you fail to provide Iowa Telecom any of the foregoing information, you agree that Iowa Telecom may continue charging you for any product provided under your billing account, unless you have terminated your subscription for such product.

ix. Due Date / Collection Costs: The amount due to Iowa Telecom for your subscription must be paid in full by the date such payment is requested by Iowa Telecom, not later than 30 days after the billing date; you are not entitled to carry forward a balance. Iowa Telecom reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Subscription Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs. Should there be an outstanding balance, service will be suspended until account is paid in full with no refund for lost time. Once balance is paid in full, you will regain access to your service.