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5. L2S make 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, viruses, E-mail filtering or service interruptions, including those caused by negligence, errors or omissions of L2S, nor for consequential damages, regardless of their cause. 6. L2S provides a Toll free number and a local access telephone number and is not liable for any long distance charges Customer may incur. 7. Customer agrees to comply with the terms governing use of the L2S network and services. 8. L2S reserves the right to limit the size of Customer's e-mail storage to 50 MB. 9. This Customer Agreement shall be governed by and construed in accordance with the laws of the State of Iowa applicable to contracts to be performed entirely within the state. 10. In the event Customer disconnects from L2S or otherwise terminates this contract before the expiration of the term set forth in this Customer Agreement, Customer hereby agrees to pay to L2S $200 and return the radio equipment in working order. If radio equipment is not returned within 30 days of termination of service by Customer, L2S will bill Customer $600 for the unreturned radio equipment. 11. It is expressly agreed and understood that L2S is not responsible for the information which may be accessed or received through the Internet and L2S does not warrant the accuracy or appropriateness of any information. Customer agrees to hold harmless L2S, its directors, officers and employees from any and all claims, which might arise from Customer's use of the Internet. 12. Customer is executing this Customer Agreement solely in reliance upon Customer's own knowledge, belief and judgment and no upon any representations made by L2S. 13. Customer agrees that L2S is only responsible for delivering the service to a single computer. Installation of service to additional computers or computer networks is the responsibility of Customer. 14. Customer agrees that L2S is not responsible for providing any type of anti-virus, firewall or filtering software. Setup, maintenance and use of such programs shall be solely Customer's responsibility. 15. L2S services are for use by the account owner/Customer only and may not be resold, or assigned to a third party. Therefore, L2S services may not be extended beyond the account owner/Customer's premise. 16. Customer agrees to hold harmless L2S and its directors, officers, agent and employees from all claims, demands and causes of action of every nature or kind, caused by, arising from or developing out of or as a result of any act or failure to act by L2S, whether or not negligent, in connection with the installation, maintenance, failure, removal, or use of any equipment, software or service provided by L2S hereunder. Customer expressly assumes all risks associated with installation and connection and L2S assumes no responsibility and expressly disclaims all liability for any damage to, or loss or destruction of your computer or any other hardware, software or equipment. 17. L2S MAKES NO WARRANTY, EXPRESS OR IMPLIED AS TO ANY EQUIPMENT, SOFTWARE OR SERVICE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ALL EQUIPMENT, SOFTWARE, AND SERVICES ARE SUPPLIED ON AN "AS IS", "AS AVAILABLE" BASIS. IN NO EVENT SHALL L2S BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF THE INSTALLATION, MAINTENANCE, FAILURE, REMOVAL, OR USE OF THE EQUIPMENT, SOFTWARE OR SERVICE PROVIDED BY L2S HEREUNDER. IN ANY EVENT, L2S'S TOTAL LIABILITY UNDER THIS AGREEMENT FOR DAMAGES, COSTS AND EXPENSES, REGARDLESS OF CAUSE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO COMPANY BY CUSTOMER. THIS LIMITATION SHALL APPLY TO ALL CLAIMS OF CUSTOMER OF ANY NATURE. NO REPRESENTATION, COMMUNICATION OR STATEMENT, WHETHER IN WRITTEN OR ORAL FORM, BY ANY L2S EMPLOYEE OR AGENT SHALL BE CONSTRUED TO ADD TO OR MODIFY ANY REPRESENTATIONS OR WARRANTIES HEREIN.