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1. Introduction.

InfoBeams, a business unit of Iowa Solutions, Inc. (ISI) agrees to provide services including broadcast content delivery ("Service") to the Customer. "Customer" or "You" means the persons, entity or agents and authorized representatives subscribing to this Service.

By subscribing to and/or using this Service, the Customer accepts the terms of this Agreement.

2. Description of Service.

InfoBeams agrees to provide a subscription service with the following characteristics:

Publishing Service – InfoBeams will host and maintain publishing service for the above listed “Customer” with the following guidelines:
· Groups (lists) or recipients are limited based on the plan purchased.
· All recipients must explicitly opt-in to receive broadcasts
· Help Desk support will be available by email via our contact form.

3. Service Pricing.

Clients (Customer) will receive an initial 30 day trial at no cost to evaluate the service. During the trial period, client is limited to 5 email recipients and one group (list). After the trial period, if the client purchases services, limits will be determined by the level of plan purchased, billing is done on a monthly basis unless other payment arrangements are made.

4. Payments.

Fees. Customer shall pay fees agreed upon during account activation. InfoBeams may, at its discretion, accept Purchase Orders from qualified organizations; these will be invoiced monthly, as stipulated in the Purchase Order, and payment is due thirty (30) days from invoicing. InfoBeams may, at its option, charge a 1½ % fee for late payments.

Account Updates. It is the responsibility of the Customer to maintain accurate billing information with InfoBeams. This may include updated e-mail address and mailing address.

Failure to Pay. InfoBeams may terminate this Agreement upon failure of Customer to pay charges when due. Such termination will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. As described in Sections 3 and 6 of this Agreement, upon termination Customer must take steps to avoid losing saves publications.

5. Term and Termination.

The term of this agreement with the “Customer” is month-to-month.

After the each term has expires, these Agreements will automatically renew on a month-to-month basis until terminated or a new agreement is signed.

Termination by Customer. Customer may terminate this Service at any time after the initial term of this agreement upon thirty (30) days written or e-mailed notice to InfoBeams. If Customer notifies InfoBeams less than thirty (30) days before the next monthly billing, Customer will be billed for one month, and this amount in whole or part, is not refundable.

Termination by InfoBeams. InfoBeams may immediately terminate this Agreement and Service for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to: violation of any United States federal or state law; violation of the Usage Policy in Section 8; breach of this Agreement. InfoBeams may terminate this Agreement and Service upon thirty (30) days notification for non-payment of fees due under Section 5 of this Agreement. InfoBeams may also terminate this Agreement and Service without cause at any time upon thirty (30) days written notice to Customer. In the event InfoBeams terminates this Agreement without cause, any Customers that have pre-paid for more than one month will be entitled to a pro-rated refund.

InfoBeams Obligations Upon Non-Immediate Termination. If this Service is terminated by Customer, by InfoBeams due to Customer's non-payment, or by InfoBeams without cause following thirty (30) days notification, InfoBeams agrees to give Customer a 10-day discontinuance notification via e-mail. After 60 days from date of termination of service, InfoBeams may at its sole discretion, remove Customer's stored data from its Service.

Customer Obligations Upon Termination. Upon termination, whether terminated by Customer, InfoBeams, non-payment or any other reason, Customer must take the following steps to avoid losing data:

Upon Termination Customer must contact InfoBeams to request access to their publications. End user data is owned by the InfoBeams and is not the property of the customer (A single end user with a single sign-on may subscribe to multiple groups from multiple clients, therefore user registration information belongs to the system not the client).

6. Website Access.

InfoBeams monitors website access. Any attempts to circumvent security put into place by InfoBeams will be considered a breach of this agreement and service may be subject to immediate termination.

7. Usage Policy.

Customer agrees to use this Service as intended and in a lawful manner. Specifically:

Customer will not knowingly transfer any information through this Service which violates any copyright, trademark or other proprietary rights of any third party. As described in Section 11 of this Agreement, Customer will indemnify InfoBeams. (In other words, if InfoBeams is sued because your employees are e-mailing copyrighted materials through this Service, you will pay all costs related to this suit.)

Customer will not engage in sending Unsolicited Commercial or Bulk E-mail (spam). All recipients must expressly opt-in to receive your communications.

Customer will not attempt to undermine the security or integrity of, or gain unauthorized access to, InfoBeams's computing systems or networks.

If InfoBeams becomes aware of a violation of the Usage Policy, InfoBeams will investigate and may, in its sole discretion, terminate this Agreement and Service.

8. Disclaimer of Warranty.

Customer agrees to use all Services and/or Software provided by InfoBeams at Customer's own risk. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, InfoBeams AND ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH INFOBEAMS' SERVICES AND/OR SOFTWARE, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. INFOBEAMS MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY INFOBEAMS PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

9. Limitation of Liability.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL InfoBeams, ITS OWNERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE INFOBEAMS' SERVICES, EVEN IF INFOBEAMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER AGREES THAT ITS SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO INFOBEAMS .

10. Indemnification.

Customer shall indemnify, defend and hold harmless InfoBeams against any third party claim, action, suit or proceeding arising as a result of Customer’s use of InfoBeams' services. This means that if InfoBeams is sued because of a customer's activity, the customer will pay any damages awarded against InfoBeams, plus all costs and attorney's fees. Customer and InfoBeams will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to this Agreement or Service. The terms of this section shall survive any termination of this Agreement.

In the event ,Customer provides this service to a third party Franchisee of Customer, the Franchisee shall be required to indemnify defend and hold harmless InfoBeams as well as Customer as set forth in the preceding paragraph.

11. Force Majeure.

InfoBeams shall not be liable for service failure due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain supplies, equipment or power.

12. Disclosure to Law Enforcement.

Customer is specifically prohibited from using this service for illegal activities. InfoBeams may disclose any and all Customer information including account history, account use, etc. to any United States law enforcement agency that makes a written request without further consent or notification to the Customer. If any illegal activity is detected by InfoBeams or any United State law enforcement agency, InfoBeams shall have the right to immediately terminate this Service.

13. General Provisions.

Amendment. InfoBeams may modify this Agreement at any time. You will be notified by e-mail of any, in InfoBeams' opinion, significant modification, which, for existing Customers, will take effect thirty (30) days after notification. By continuing to use this Service after the 30-day notification period, you accept and agree to the modification to this Agreement. If the modification is unacceptable to you, you may terminate your Service as provided in Section 6. InfoBeams reserves the right to change its service offerings and to determine whether and when any such changes apply to both existing and future customers.

Governing Law. This Agreement will be governed and construed in accordance with the laws of the State of Iowa. Both parties agree to submit to personal jurisdiction in Iowa and further agree that any cause of action arising under this Agreement will be brought in a court in Linn County, Iowa.

Severability and Waiver. If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

Enforcement. Non-enforcement of waiver of any section of this agreement does not constitute consent or continuing waiver. InfoBeams reserves the right to enforce this agreement at its sole discretion.

Relationship of Parties. No agency, partnership, joint venture, or employment relationship is created by this Agreement and neither party has the power to bind the other party.

If Customer is a reseller of InfoBeams' Service, Customer will require its own customers to abide by this Agreement or substantially equivalent terms.

Entire Agreement. This Agreement, together with the information entered by Customer during signup, represents the entire represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements.

Attorneys Fees and Costs. In the event that any legal action becomes necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled, in addition to its court costs, to such reasonable attorneys’ fees, expert witness fees and legal expenses as may be fixed by a court of competent jurisdiction.