The ACS (ACS) Online Billing User Agreement is set forth below and also includes the Privacy Policy [together referred to as the "Documents"] which together detail the mutual rights and obligations between You ["You"] and ACS, its officers, agents, employees, contractors, vendors and affiliated companies ["ACS Affiliated Parties"]. By using the "Service" to view and/or pay Your bills online, You agree to be bound by the terms and conditions of all of these Documents, and as such should take the time to understand them completely. These agreements are effective from Your acceptance thereof, which is indicated by clicking the "I agree" button at the end of this agreement. If You do not agree to these terms, You should not use this Service. Please read everything here carefully, and be sure to contact us as described in the How to Contact ACS section of this Agreement if You have any questions. We will be happy to help You in any way we can. ACS shall have the right to modify this Agreement at any time in any manner. Any modification shall be effective upon the date of electronic notice of such change. Your continued use of the Services shall be deemed acceptance of all modifications. Please print a copy of this User Agreement for your records.

SCOPE OF AGREEMENT: This Agreement covers Your participation in the ACS Online Billing Service. The words "Access Service Provider" refers to any Internet Service Provider providing connection to the Internet or any Commercial Online Service Provider providing connection to the Internet in addition to its own proprietary private network. The words "Other Service Provider" refers to any supplier of software or other services used in connection with the Service. The words "Your Account" refer to the Account held by a bank or other financial or credit card institution from which payment will be made when You make transactions under the Service. The words "Your bank" mean the bank or other financial institution that holds Your Account.

PAYMENT BY DIRECT DEBIT (ACH) OR CREDIT CARD: When you set up recurring direct debit bank payments and each time You initiate a credit card payment, You authorize ACS or its agent to initiate an automated clearing house (ACH) or credit card debt in Your name on Your Account, payable to ACS or its agent, for an amount equal to the entire balance due on Your Account.

CHARGES: There are currently no service charges for the Service. However, You are responsible for all telephone charges incurred in connecting to the Service. You are also responsible for charges made by any Access Service Provider. For each transaction Your bank may assess a customary per-item handling charge, if any. You also agree to pay ACS a service charge for each dishonored draft to reimburse ACS for any costs of collection. Your bank may also assess its customary charge for such items.

DISHONORED REQUESTS FOR PAYMENTS:M If any ACS Online Billing transaction (direct debit or credit card charge drawn by ACS or its agent in connection with the Service) is not honored by Your bank or credit card company, ACS has the right to charge the amount of any such transaction to Your Account or to collect the amount from You. If this happens, ACS may cancel Your right to participate in the Service. In addition, You agree to reimburse ACS for all costs of collecting any balances due, including attorney's fees.

BUSINESS DAY: For purposes of this Agreement, ACS business days are Monday through Friday. Holidays are not included. SECURITY OF ACCOUNT INFORMATION AND DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES. The information You provide to ACS in order to participate in the Service will be subject to the ACS Privacy Policy. In addition, ACS will not disclose any information about Your ACS Online Billing transactions to any person, except as follows:

1. As necessary to complete transactions;
2. To verify the existence of Your Account for a third party, such as a financial institution or credit bureau;
3. To comply with government agency or court orders;
4. To ACS employees, auditors, service providers, attorneys or collection agents in the course of their duties;
5. To persons authorized by law in the course of their official duties; or
6. If You give us written permission.

The Service uses state of the art security for the transaction servers that handle the bill paying. This security is called Secure Sockets Layer (SSL). This technology allows the server to issue Your browser a secure 128 bit encryption certificate that encrypts and authenticates all further transmissions between the browser and the server for that session. The browser usually shows a solid Key or Lock when a Secure Socket is established. This indicates that Your browser has connected to a web page that has enabled an SSL (Secure Sockets Layer) connection. This is a kind of secure pipeline that keeps anyone from intercepting any data that is transmitted between You and the web server.

TERMINATION: ACS may revoke Your right to participate in the Service, but will give You written (which may include e-mail) notice of such revocation. You may terminate Your participation in the Service by writing to ACS at the address stated in the Section of this Agreement entitled "HOW TO CONTACT ACS." Your right to participate in the Service will also be terminated if Your Account is canceled for any reason. Your participation in the Service also depends upon Your Account remaining in good standing, as ACS has the right to deny authorization for any requested transaction. If You close Your Account, You agree to notify us first and stop initiating transactions. You agree to pay for any outstanding obligations remaining unpaid after termination.

ACS OBLIGATIONS

• You will receive an e-mail notification once Your Online Billing account has been created.
• You will receive a confirmation screen with reference information when you set up recurring direct debit bank payments or each time You make an online credit card payment. You may print this confirmation screen for Your records.
• Credit card payments will be processed promptly, and recurring direct debit bank payments will be made on or around the due date as shown on Your current ACS statement.
• Access to the ACS Online Billing process will be available on a 24-hour 7-day basis with the exception of possible minor interruptions to the pages due to planned or emergency maintenance. ACS will make every attempt to announce scheduled interruptions via this Web site. ACS cannot be held liable to any person or business for unexpected or scheduled interruptions to the process.
• ACS may deny You access to this Web site for any reason, including Your failure to comply with any term or provision of this agreement or failure to complete or satisfactorily deal with online payment transactions.

YOUR OBLIGATIONS

• You must complete the enrollment form providing all required information. You agree that all information You provide is current and accurate to the best of Your knowledge.
• You may not enroll for another person, supply information for any other person or business with the intent to impersonate that person or business, or use the User ID and password of another person or business without such person's express authorization.
• You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or password.
• You agree that it is Your responsibility to pay or otherwise deal with bills or statements presented to You via the ACS Online Billing process.
• You agree that all ACS Online Billing transactions that You initiate will be for the entire amount due, as shown on your current ACS statement.
• You agree to defend, indemnify, and hold ACS and ACS Affiliated Parties harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by You or those who access the Service through Your Account and, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by You or by those who have access to the Service through Your Account.
• You agree that it is Your responsibility to notify ACS in the event that You do not receive a monthly bill or statement, are unable to electronically access any monthly statement, or You suspect someone may be tampering with Your Account.
• You agree that it is Your responsibility to notify ACS in the event You change your e-mail address, and that your payment due date will not be affected by any change in Your e-mail address.

WHEN TO PAY YOUR BILL

Enrolling in ACS Online Billing does not change Your payment due date. Your bill is due on the due date shown on your ACS statement. If You are unable to pay Your bill, please call the telephone number listed on your bill to arrange for a payment arrangement.

IN THE EVENT OF QUESTIONS ABOUT YOUR BILL OR TO REPORT ERRORS

If You have a question about your bill or You think Your statement is wrong, you should write or call ACS at the number and address provided below as soon as you can.

HOW TO CONTACT ACS

ACS Online Billing
150 2nd Street SW
Perham, MN 56573
218 346-5500 (or 611, if calling from an ACS phone line)

DISRUPTION IN THE SERVICE: ACS is continually updating and improving its Service as well as upgrading equipment to meet evolving technological standards used by the industry. These changes may occasionally cause degraded or interrupted services. ACS will make every attempt to communicate planned outages or interruptions through its notification process.

LIMITATION OF LIABILITY. ALL INFORMATION YOU RECEIVE FROM OR THROUGH THE SERVICE IS PROVIDED "AS-IS," AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING OR USAGE OF TRADE). THE INFORMATION AND SERVICE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. OTHER THAN AS PROVIDED HEREIN, ACS AND ACS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SERVICE, INABILITY TO USE THE SERVICE OR YOUR RELIANCE ON OR USE OF INFORMATION FROM THE SERVICE OR THROUGH THE SERVICE THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR ANY FAILURE OF PERFORMANCE. IN PARTICULAR, BUT NOT AS A LIMITATION, ACS AND ITS AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION OR THE LIKE, WHETHER BASED ON BREACH OF CONTACT, BREACH OF WARRANTY, TORT, (INCLUDING NEGLIGENCE) PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACS AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. ACS' MAXIMUM LIABILITY FOR ALL CLAIMS OF WHATEVER NATURE ARISING OUT OF THE PROVISIONS OF THE SERVICE AND NOT CAUSED BY YOU SHALL NOT EXCEED AN AMOUNT EQUAL TO THE MONTHLY RECURRING CHARGES TO YOU FOR THE PERIOD OF SERVICE GIVING RISE TO THE CLAIM. You agree to commence any cause of action You may have with respect to the Service within one (1) year after the claim or cause of action arises.

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN ANY ELECTRONIC FILE YOU OBTAIN FROM THE SERVICE IS DISCLAIMED.

MISCELLANEOUS

• This Agreement and the Privacy Policy together constitute the entire understanding of the parties with respect to the provision of the Service.
• ACS's failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.
• This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, United States of America, without regard to its conflicts of law provisions. You consent to the personal jurisdiction of the federal and state courts having jurisdiction for Perham, Minnesota with respect to all disputes arising out of this Agreement, Your use of the Service or otherwise between You and ACS.
• Neither this Agreement, nor any of Your rights or obligations arising hereunder, shall be transferable or assignable by You to any third party without ACS's prior written consent. ACS shall have the right to assign all or part of its rights and obligations under this Agreement.
• No amendment or modification to this Agreement by You shall be valid or binding on ACS unless made in writing and signed by an authorized representative of ACS.
• In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.