5. PAYMENT. Payment is due as specified on the monthly invoice. Any failure to pay when due may result in suspension or disconnection of service. A service fee of $15.00 will be required to reestablish suspended service. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to Ayrshire Communications Customer Service Department at (712) 426-2800. All charges are considered valid unless disputed in writing within sixty (60) days of the billing date. Adjustments will not be made for charges that are more than 60 days old. Payments not received within 30 days are subject to a late payment charge equal to 1.5% per month.

6. MONITORING THE SERVICES. Ayrshire Communications has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if Ayrshire Communications, in its sole discretion, believes that it is reasonable to do so, including to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or to protect itself and its subscribers. Ayrshire Communications may immediately remove your material or information from Ayrshire Communications' servers, in whole or in part, which Ayrshire Communications, in its sole and absolute discretion, determines to infringe another's property rights or to violate our Acceptable Use Policy.

7. DISCLAIMER.  THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AYRSHIRE COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. AYRSHIRE COMMUNICATIONS MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH AYRSHIRE COMMUNICATIONS OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY AYRSHIRE COMMUNICATIONS OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. AYRSHIRE COMMUNICATIONS AND ITS EMPLOYEES, OFFICERS AND DIRECTORS ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

AYRSHIRE DOES NOT GUARANTEE YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT AYRSHIRE WILL HAVE SERVICE OR HAVE ADEQUATE CAPACITY IN ANY GEOGRAPHIC AREA. AYRSHIRE DOES NOT WARRANT THAT ITS SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY INTERNET ACCESS SERVICE OR AYRSHIRE'S SERVICES IN PARTICULAR.

AYRSHIRE'S OWN VOICE-OVER-INTERNET PROTOCOL (VOIP), THIRD PARTY VOIP AND OTHER THIRD PARTY BROADBAND PHONE CUSTOMERS ARE NOTIFIED THAT SERVICE OUTAGES, SUSPENSIONS OR TERMINATIONS OF YOUR SERVICE WILL PREVENT YOUR VOIP OR OTHER BROADBAND PHONE SERVICE FROM WORKING, INCLUDING 911 FUNCTIONALITY. WE DISCLAIM ALL RESPONSIBILITY FOR YOUR ABILITY TO PLACE SUCH PHONE CALLS AND THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. NEITHER AYRSHIRE NOR ITS OFFICERS, DIRECTORS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE OR LOSS ARISING FROM OR RELATING TO AN INABILITY TO USE SUCH PHONE SERVICE, INCLUDING 911 DIALING SERVICES. YOU SHALL INDEMNIFY, DEFEND AND HOLD AYRSHIRE AND ITS OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING ALL ATTORNEY'S FEES) BY YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 DIALING. YOU ARE ENCOURAGED TO HAVE AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 911 SERVICES.

8. INDEMNIFICATION. You agree to indemnify, defend and hold harmless Ayrshire Communications, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of our Acceptable Use Policy by you. Each of these individuals or entities shall have the right to assert and enforce the provisions directly against you on its own behalf.

9. JURISDICTION. This Agreement is governed by and interpreted in accordance with the laws of the State of Iowa and any applicable Federal laws. The courts of the Judicial District of Palo Alto, Iowa shall have exclusive jurisdiction with respect to any proceeding in connection with this Agreement.

10. MISCELLANEOUS. This Agreement, the Acceptable Use Policy, and Ayrshire Communications' other agreements and policies posted on Ayrshire Communications' Web site constitute the entire agreement between you and Ayrshire Communications with respect to your use of the Service. Ayrshire Communications may revise, amend or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on Ayrshire Communications' Web site www.ayrshireia.com and/or by email and/or our various publications and mailings to you. Any revisions, amendments or modifications must be made in writing and authorized by Ayrshire Communications' General Manager. No changes to our Agreements and policies may be made without written and signed authorization from Ayrshire Communications' General Manager. Your use of our Service constitutes your continued acceptance of our Agreements and policies. If any provision of our Agreements and policies are found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

Revised 11.21.01