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