Customer Service Agreement

1. By signing this order & agreement, you (Customer) agree to the terms and conditions of the METC Customer Service Agreement and the METC Acceptable Use Policy.

2. These services are provided by METC, 4242 Main Street, P. O. Box 120, Elk Horn, Iowa51531.

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. Bills are mailed out on the 5th of every month. Monthly charges are billed one month in advance, from the 1st of the bill month to the 1st of the following month. First month partial charges are prorated. Bills are due the 25th of every month. METC reserves the right to change the rate schedule at any time. Failure to pay when due will result in suspension or discontinuance of service. A service fee of $7.50 will be required to reinstate your account.

5. METC MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND. THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE SERVICES TO BE PROVIDED BY METC. METC network protocols call for end-to-end verification of the accurate receipt of a message. METC makes 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, or service interruptions, including those caused by negligence, errors or omissions of METC, nor for consequential damages, regardless of their cause.

6. METC provides a local access telephone number and is not liable for any long distance charges the subscriber may incur.

7. Customer agrees to comply with the terms governing use of the METC network.

8. METC reserves the right to limit the size of email attachments to 3 MB.

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

10. Either party may terminate this agreement at any time by giving written notice. Such notice is effective when given. Customer is obligated to pay for service through the termination date, as detailed on the final invoice.

11. IT IS EXPRESSLY AGREED AND UNDERSTOOD THAT METC IS NOT RESPONSIBLE FOR THE INFORMATION WHICH MAY BE ACCESSED OR RECEIVED THROUGH THE INTERNET AND METC DOES NOT WARRANTY THE ACCURACY OR APPROPRIATENESS OF ANY INFORMATION. CUSTOMER AGREES TO HOLD HARMLESS METC, ITS SUBSIDIARIES, DIRECTORS AND EMPLOYEES FROM ANY AND ALL CLAIMS WHICH MIGHT ARISE FROM CUSTOMER’S USE OF THE INTERNET.

12. The customer agrees to hold harmless METC and its directors, officers, agent and employees from all claims, demands & causes of action of every nature or kind, arising out of or as a result of any act or failure to act, whether or not negligent, in connection with the performance of work performed on the customer’s computer or computer accessories by METC. This Customer Service Agreement covers all acts and damages, whether known or not, which may hereafter appear or develop, arising from such services.

13. The customer is executing this Customer Service Agreement sorely in reliance upon customer’s knowledge, belief and judgment and not upon any representations made by METC.

14. METC agrees that all information, programs, files, etc. reviewed by METC while providing services will remain confidential and will not be disclosed to any party by METC.