TERMS AND CONDITIONS OF YOU SQUARED SERVICES

You Squared is your one-stop Internet Services Provider for business & residential use.

GENERAL

Customerís use of You Squared Internet services constitutes Customerís acceptance of the following You Squared Terms and Conditions. Customer is hereby defined as any person or entity utilizing any service of You Squared. Conferred rights and benefits thereof are non-transferable. Use of You Squared network is expressly limited to Customer. Use of You Squared network to promote or solicit competing Internet services without express written permission is prohibited and said promotion or solicitation shall result in immediate account termination without notice. All You Squared Internet accounts are defined as follows:

Residential-Dedicated Connection

Defined as a client based single or multi-user attended access account. Attended access is defined as interactive use of an established Internet connection by the account holder. Interactive use requires the physical presence of the account holder; in other words, attended access. Use of residential-dedicated connection for the purpose of running any type of Internet server (Web, Chat, FTP, etc.) is expressly prohibited.

Business Dedicated Connection

Defined as an individual or as a client and/or server based multi-user, attended or unattended access account. A business dedicated Internet access account connection may be utilized for the purpose of running Internet servers. However, unless expressly authorized under terms of written contract, account sharing, for any type of account offered by You Squared, is strictly prohibited and shall be cause for immediate termination of service without notice. Discounts may be available for multiple accounts.

Customer is responsible for all equipment and software necessary to connect to You Squared.

Customer agrees to use the service in a manner consistent with any and all applicable local, state, national, and/or international laws. Use of You Squared for bulk and/or unsolicited email, commercial, or otherwise, is prohibited and shall be cause for immediate account termination without notice. Bulk email is defined as the same or similar email messages sent to more than 25 recipients. You Squared must be notified of any bulk distribution of solicited email materials. Pings, bots and auto-checkers used to keep connections running are prohibited, as such customer agrees to limit POP email checks to not more than once every 15 minutes.

All You Squared subscribers agree to use and use only the email address as confirmed at time of signup for their "Return" and/or "reply-To" Internet email address. The use of a "Fake" email address, email address belonging to another Internet user, or no email address as a "Return" and/or "Reply-To" Internet email address is prohibited and such use shall be cause for immediate account termination without notice.

Customer agrees to utilize appropriate protocols for all data transmissions. Email messages are limited to a maximum size of 10MB (10,240K), unless previously agreed upon by You Squared, and should not be utilized for software distribution. You Squared's POP3 server is not intended as a permanent mail storage facility, as such any email box storing messages for a period of over 30 days will be subject to storage fees and/or email box contents deletion by the Postmaster.

You Squared assumes no responsibility at any time for deleted or lost mail and/or attachments.

Use of You Squared server or equipment for spamming, computer hacking, or "War Driving" is prohibited and shall be cause for immediate account termination without notice unless specifically authorized by You Squared. Use of the You Squared server for software distribution, cross-posting messages to more than 10 external email or websites, and/or as an advertising medium is prohibited and shall be cause for immediate account termination without notice.

Customer shall be held liable for any and all costs incurred by You Squared as a result of customer violation of these terms and conditions; including but not limited to attorney fees and cost resulting from Postmaster responses to complaints from and clean-up of unsolicited commercial mailing and/or unauthorized bulk mailings and/or server violations. You Squared's current hourly rate for Postmaster responses to complaints and clean-up of unsolicited commercial mailings and/or unauthorized bulk mailings and/or server violations is us$100 per hour, with a minimum one (1) hour charge. Violation of these terms and conditions may also cause irreparable injury to You Squared and that, in addition to other available remedies, You Squared shall be entitled to obtain injunctive relief against the customer without the necessity of probing actual damages.

Use of programs such as packet sniffers, host and/or service monitoring, and other similar programs is forbidden. You Squared monitors all network services around the clock. Dedicated access subscribers may request host and/or service monitoring for their connections, there is a fee for this optional service.

Customer is responsible for all use of account(s) and confidentiality of password(s). You Squared will suspend or change access to Customerís Account(s) immediately upon notification by Customer that a password has been lost, stolen, or otherwise compromised; there may be an administrative fee for this service. Customer is responsible for all charges incurred up until notification of password compromise.

For purposes of network use, You Squared hereby distinguishes Business Accounts to be any account held by a Sole Proprietor, Partnership, Corporation, Limited Liability Company or any other entity engaged in an ongoing "Business Enterprise" and Personal Accounts as an account held by an individual for personal use, research, and recreation. All account activations require the disclosure of intended use, be it business, home business or personal, and any account misrepresentation shall be cause for immediate termination without notice. Unless otherwise expressly provided by written contract, the resale, transfer, or trade of any You Squared Account and/or Services is strictly prohibited.

BILLING

You Squared services will be invoiced to the customer 1 period in advance, per the options below. You Squared reserves the right to change its rates and/or services by notifying Customer 30 days in advance of the effective date of change. Following are payment options:

(a) Monthly Thru automatic withdrawal from customerís checking account. (ACH)

(b) Quarterly, semi annually or annually by check, in advance

Customer agrees to pay You Squared all charges relating to use of Customerís Account(s). Customer acknowledges that there is a 30 day minimum subscription period, which means no full or partial refund of the initial monthís service feeís will be given if service is canceled within the initial 30 day subscription period. Additionally, all cancellations become effective at the end of the monthly billing period for monthly subscribers, at the end of the 3 month billing period for quarterly subscribers, and at the end of the 12 month billing cycle for yearly subscribers. No refunds will be issued for any partial period of service.

Your service activation date will be listed as the first day of your monthly, quarterly, or yearly billing cycle, as appropriate. Customers paying by check with a quarterly or yearly billing cycle will be invoiced one month prior to the end of their billing cycle for all standard base service rates and applicable lease agreements, and payment will be due no later than the first day of the next billing cycle. Customers paying by automatic withdrawal from their checking account with a monthly, quarterly or yearly billing cycle will be invoiced and have their credit card or checking account charged on the first day of the applicable billing cycle for all standard base service rates and applicable lease agreements.

Accounts remaining unpaid on the second day of the next billing cycle will experience service interruption and shall be subject to termination if unpaid after 7 days. Unpaid accounts that have had their service interrupted will be subject to a reconnection fee of not less than $25. Such interruption does not relieve you from the obligation to pay the monthly account charge. You may terminate the agreement only by written request via postal mail, facsimile or e-mail originating from your You Squared e-mail address. Termination by customer prior to the contract term will subject customer to an early termination penalty.

If your payment instrument is returned unpaid for any reason, including, but not limited to, overlimit, expired, or otherwise not available to make payment, you will be notified of such by email and/or telephone. Accounts whose payment instrument is returned unpaid for any reason during the first 90 days of service, twice for the same scheduled payment, or 3 times during any 12 month period may be required to make a security deposit with You Squared prior to continuation of service. Checks and/or money orders that are returned for nonpayment for any reason will incur a $25 returned check fee. It is the sole responsibility of the customer to insure their payment instrument information is maintained current and available for payment of incurred fees.

You Squared reserves the right to suspend and interrupt service for Customer's Account(s) upon indication of credit problems, including any payment which is 7 or more days delinquent. As stated above, a reconnection fee of not less than $25 shall be assessed to customer for any accounts more than 7 days delinquent. If customer defaults, customer agrees to pay the reasonable expenses, including attorney and collection agency fees, incurred by You Squared in enforcing its rights under these Terms and Conditions.

LIMITATION OF LIABLITY

ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO , THE IMPLIED WARRANTIES OF MERCHANTABLILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL YOU SQUARED BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR ANY OTHER DIRECT, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE YOU SQUARED SERVICES PROVIDED HEREUNDER, EVEN IF YOU SQUARED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Neither You Squared nor any of its agents, shareholders, directors, officers, or employees, nor its information providers, shall be responsible for any damages arising from Customerís use of You Squared services or inability to use You Squared services. There is no guarantee of message delivery. Email return receipts may be requested, but there is no guarantee that the recipient's mail system will process or even acknowledge these requests.

You Squared is not responsible for Customer's files residing on the You Squared network. Customer is responsible for independent backup of all such data at a site determined by customer.
You Squared cannot and does not exercise any control whatsoever over the information passing through its network or through the internet.

Due to the potential threat of viral or other nefarious attack, You Squared highly recommends the practice of safer computing to protect against these threats. You Squared is in no way responsible for any data loss or damage arising from viral infection from the internet. Customers undertake browsing and downloading for Internet files at their own risk. Consult with a computer vendor, systems analyst, consultant, and/or management information systems personnel to determine the appropriate protection program best suited to your needs.

Customer is hereby warned that some internet sites accessible via You Squared network allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. You Squared is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent.

You Squared network services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal, or state law or regulation is prohibited. This includes, but is not limited to: copyrighted materials, material protected by trade secret. You agree to indemnify and hold harmless You Squared from any claims resulting from your use of the service which damages you or another party.

Any access to other networks through You Squared must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise.

Neither You Squared nor any of its agents, shareholders, directors, officers, or employees, shall be held liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided.

The services provided by You Squared are data transport and storage. These services are contracted with adults of legal age only, and shall be governed by the laws of the State of Iowa. Any access of these services by minors, or by residents of states or localities other than Iowa, are the responsibility of the service user an not You Squared. All users are expected to abide by the laws of the State or Country within which they reside. Upon notification of violation of law, You Squared may at its discretion immediately terminate the account without refund.

OPERATION

You Squared reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to these Terms and Conditions will be posted to the You Squared Web Page. Customers are encouraged to review the current Terms and Conditions of use on a regular basis. Customerís use of You Squared services after such notice shall constitute Customers acceptance of such modifications.

Customer understands that You Squared services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, improvement or as required to protect network resources in the event of malfunctions or misuse, or extreme weather. Customer understands that it may not receive advance notification of any such interruption of service. You Squared shall not be liable for any delay in or failure to perform services caused by circumstances entirely beyond its control such as those occasioned by acts of God or other causes of which it could not have reasonably foreseen or any other cause which similarly impedes the providing of service.

There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration. In the event of a service interruption of greater than 24 hours (hereinafter an "Interruption"), You Squared will at its option, provide the customer with either a refund for the Interruption (on a prorated-hourly basis) or extend customer service by an amount of time equal to the service Interruption.

Customer hereby agrees that any material submitted for distribution on You Squared's network through Customer's Account(s) does not violate or infringe upon any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, objectionable, or libelous.

You Squared at its sole discretion and judgment may immediately suspend Customerís access to the service upon any breach of any of the Terms and Conditions by Customer, including, but not limited to refusal or failure to pay for services provided or disruptive on-line behavior.

You Squared reserves the right at its sole discretion to delete any information entered into You Squared computer systems by Customer. You Squared and its authorized representatives shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable information.

You Squared reserves the right to delete Customer's personal files, including but not limited to personal Web page(s) and email, for which a storage fee has not been paid and which have not been accessed for more than 1 month.

You Squared reserves the right to terminate access to service for any Customer Account(s) which has/have been inactive for 6 months or longer.

You Squared reserves the right to refuse and/or terminate service to anyone or any entity for any reason at its sole discretion with or without notice.