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Contract for Data Storage and Transfer (Version 8b)
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The following agreement is by and between OBNet and/or NW Wisconsin
LocalWeb of 1966 Little Blake Lane, Luck, WI, 54853
and ________________________________________________________(Client)
of ________________________________________________________(Address)
WHEREAS, OBNet is an information provider connected to the Internet.
OBNet offers storage and transfer services over the Internet through
access to its Web Server;
WHEREAS, Client seeks to utilize OBNet's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, OBNet can make no
guarantee that any given reader shall be able to access OBNet's server
at any given time. OBNet represents that it shall make every good faith
effort to ensure that its server is available as widely as possible
and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
I. Financial Arrangements:
1. Client agrees to a three (3) month contracts, beginning upon OBNet's
receipt by fax, mail, or express mail. OBNet will not accept contracts by
electronic mail.
2. First three (3) months payment plus hosting and setup charges, if
any, shall be due upon receipt of contract.
3. This agreement will automatically renew for successive three (3)
month periods unless canceled in writing prior to the quarterly renewal
date. Client will receive an invoice for charges and payment is due
upon receipt. Renewal prices are subject to change. Renewal of services
by Client indicates agreement to Contract revisions.
II. Taxes:
OBNet shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Client or OBNet's
server. Client agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold.
III. Material and Products:
1. Client will provide OBNet with material and data in a
condition that is "server-ready", which is in a form requiring no
additional manipulation on the part of OBNet. OBNet shall make no effort
to validate this information for content, correctness or usability.
2. Use of OBNet's service requires a certain level of knowledge
in the use Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and
desired content of Client's Webspace by the Client.
The following examples are offered:
Web Publishing: requires a knowledge of HTML, properly locating
and linking documents, FTPing Webspace contents,
Graphics, text, Sound, imagemapping, etc.
CGI-Scripts: requires a knowledge of the UNIX environment, TAR &
GUNZIP commands, Perl, CShell scripts, permissions, etc.
Autoresponders: a knowledge of mReply autoresponder, forwarding mail, use
of mail clients to recieve mail, etc.
The Client agrees that he or she is a necessary knowledge to
create Client's Webspace. Client agrees that it is not the
responsibility of OBNet. to provide this
knowledge or Customer Support outside of the defined service of
OBNet.
3. OBNet will exercise no control whatsoever over the content of
the information passing through the network. OBNet makes no warranties
or representations of any kind, whether expressed or implied for the
service it is providing. OBNet also disclaims any warranty of merchant-
ability or fitness for particular purpose and will not be responsible
for any damages that may be suffered by the Client, including loss of
data resulting from delays, non-deliveries or service interruptions by
any cause or errors or omissions of the Client. Use of any information
obtained by way of OBNet is at the Client's own risk, and OBNet
specifically denies any responsibility for the accuracy or quality of
information obtained through its services. Connection speed represents
the speed of a connection to and do not represent guarantees of avail-
able end to end bandwidth. OBNet expressly limits its damages to the
Client for any non-accessibility time or other down time to the pro-
rata monthly charge during the system unavailability. OBNet specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability. In the event that this material is not
"Server-ready", OBNet may, at its option and at any time, reject this
material, including but not limited to after it has been put on OBNet's
Server. OBNet agrees to notify Client immediately of its refusal of the
material and afford Client the opportunity to amend or modify the
material to satisfy the needs and/or requirements of OBNet. If the
Client fails to modify the material, as directed by OBNet, within a
reasonable period of time, which shall be determined between the
parties themselves, the Agreement shall be deemed to be terminated.
IV. Trademarks & Copyrights:
Client warrants that it has the right to use the applicable
trademarks, if any, and grants OBNet the right to use such trademarks
in connection with OBNet's Server service.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access OBNet. OBNet makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the OBNet service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news
groups all have expectations regarding subject area and appropriate
etiquette for posting. Users of these forums should be considerate
of the expectations and sensitivities of others on the network when
posting material for electronic distribution. The network resources
of OBNet may not be used to impersonate another person or misrepresent
authorization to act on behalf of others or OBNet. All messages trans-
mitted via OBNet should correctly identify the sender; users may not
alter the attribution of origin in electronic mail messages or posting.
Users must not attempt to undermine the security or integrity of
computing systems or networks and must not attempt to gain unauthorized
access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. Notwithstanding the
above, OBNet may terminate service under this Agreement
at any time, without penalty, if the Client fails to comply with the
terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of OBNet's Server is at Client's
sole risk. Neither OBNet, its employees, affiliates, agents, third party
information providers, merchants licensers or the like, warrant that
OBNet's Server service will not be interrupted or error free; nor do
they make any warranty as to the results that may be obtained from the
use of the Server service or as to the accuracy, reliability or
content of any information service or merchandise contained in or
provided through the OBNet Server service, unless otherwise expressly
stated in this Agreement.
2. Under no circumstances, including negligence, shall OBNet, its
offices, agents or any one else involved in creating, producing or
distributing OBNet's Server service be liable for any direct, indirect,
incidental, special or consequential damages that result from the use
of or inability to use the OBNet Server service; or that results from
mistakes, omissions, interruptions, deletion of files, errors, defects,
delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft,
destruction or unauthorized access to OBNet's records, programs or
services. Client hereby acknowledges that this paragraph shall apply
to all content on OBNet's Server service.
3. Notwithstanding the above, Client's exclusive remedies for all
damages, losses and causes of actions whether in contract, tort
including negligence or otherwise, shall not exceed the aggregate
dollar amount which Client paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use OBNet's Server for lawful purpose. Trans-
mission of any material in violation of any Federal, State or Local
regulation is prohibited. This includes, but is not limited to
copyrighted material, material legally judged to be threatening or
obscene, pornographic, profane, or material protected by trade secrets.
This also includes links or any connection to such materials.
XI. Indentification:
Client agrees that it shall defend, indentify, save and hold OBNet
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted
against OBNet, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by Client,
its agents, employees or assigns. Client agrees to defend, indemnify
and hold harmless OBNet against Liabilities arising out of (i) any
injury to person or property caused by any products sold or otherwise
distributed in connection with OBNet's Server; (ii) any material
supplied by Client infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which Client sold on OBNet Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Client on renewal of
OBNet. Services as specified in Section I. Financial
Arrangements.
XIII. Value Added Reselling:
Client is allowed to resell the storage and transfer services
provided by OBNet. Client agrees to handle and is responsible for
all third-party customer's content, support, set-up and
maintenance.
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This Agreement constitutes the entire understanding of the parties.
Any changes or modifications to this Contract thereto are agreed to by
the both parties apon renewal of services.
This Agreement shall be governed and construed in accordance
with the laws of the State of Georgia and of the Internet.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date indicated below.
__________________________________________________
Client- Name & Date
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Basic OBNet.com Price Sheet and Terms
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INSTRUCTIONS:
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All clients please fill in this page, then fill in the adminstrative info for
your chosen service.
Quantity Desired Amount/month
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VIRTUAL DOMAIN ACCOUNTS -
[ ] Premium Domain Account $39.95
40 Megabytes storage space
Qualifies for Reseller Status
With/Without FrontPage Extensions
Unmetered Traffic
5 Full FTP and Telnet Users
5 POP3 e-mail Boxes
[ ] Advantage Domain Account $29.95
20 Megabytes storage space
With/Without FrontPage Extensions
Unmetered traffic
Full FTP and telnet access
POP3 e-mail box
[ ] Business Mail Domain Account w/Home Page $19.95
5 POP3 e-mail boxes
Business Home Page (www.yourname.com)
Additional Services: e-mail
[ ] Internet Presence Account $ 9.95
POP3 e-mail box (you@yourname.com)
Business Home Page (www.yourname.com)
Additional Services: e-mail
NON VIRTUAL DOMAIN ACCOUNTS -
Please select server (yourname@server.com)
[ ] amery.com
[ ] balsamlake.com
[ ] milohomes.com
[ ] obnet.com
[ ] olsonbros.com
[ ] ricelake.com
[ ] stcroixfalls.com
[ ] stonelake.com
[ ] turtlelake.com
[ ] vendacar.com
[ ] Premium Non-Virtual Account $19.95
20 Megabytes storage space
With/Without FrontPage Extensions
Unmetered traffic
Full FTP and Telnet Access
POP3 e-mail box
[ ] Standard Non-Virtual Account $ 9.95
10 Megabytes storage space
With/Without FrontPage Extensions
Unmetered traffic
Full FTP access
POP3 e-mail box
[ ] Budget Non-Virtual Account $ 5.95
5 Megabytes storage space
Unmetered traffic
Full FTP access
POP3 e-mail box
Total Monthly Charge $_____.____
x3
First 3 months fees = $_____.____
One-Time Setup Charges
[ ] Virtual Domain Account @ $35.00ea = $_____.____
[ ] Budget Virtual Domain Account @ $35.00ea = $_____.____
[ ] Business Mail Virtual Domain Account @ $35.00ea = $_____.____
[ ] Register Domain with Internic 2yrs @ $85.00ea = $_____.____
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[ ] Premium Non-Virtual Domain Account @ $10.00ea $_____.____
[ ] Budget Non-Virtual Domain Account @ $10.00ea $_____.____
[ ] Economy Non-Virtual Domain Account @ $10.00ea $_____.____
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Total Amount Due $_____.____
[ ] Enclosed is a check or money order payable to: Craig Olson/OBNet.
(The information below must be filled-out)
Name______________________________________________________
Company___________________________________________________
Street/Apt._______________________________________________
City ________________________ State _________ Zip ________
Signature_____________________ Daytime Ph#________________
You may be required to pay a tax as a result of this transaction.
By accepting goods or services you affirm that you retain and accept such liability
and will pay any tax due to the proper authority.
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Administrative Information Non Virtual Accounts
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Existing E-Mail account: ____________________________________________
(if none, then please include phone & name to contact when set-up.)
Desired Directory Name ___________________ Password __________________
Your included e-mail account will be Your Directory Name @OBNet.com. If you
desire an additional mailbox, please use Contract for Additional Account
Charges, E-Mail, and attach it to this contract.
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Administrative Information Domain Accounts
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Existing E-Mail account: ____________________________________________
(if none, then please include phone & name to contact when set-up.)
Desired Username ________________ Password ________________
Your included e-mail account will be YourUsernameName@yourdomainname.com.
If you desire an additional mailbox, please use Contract for Additional Account
Charges, E-Mail, and attach it to this contract.
Desired Domain Name ____________________ (.com / .net / .org / .edu)
You will be assigned http://DesiredDomainName.OBNet.com until your DN is
approved. Client is responsible for securing this Domain Name with Internic,
OBNet is not responsible for monitoring, applying for, maintaining, or
payment of your Domain Name with Internic in any manner. Client must
register the Domain Name separately from the services of OBNet
Client must have an account with OBNet before registering a new
Domain Name, or Modifying an existing Domain Name, and using OBNet
as the Technical Contact.
Below info will be passed to Internic as given, Internic will bill you directly.
Internic Information (required for domain registration):
Company
Name:_____________________________________________________________
Company
Address:__________________________________________________________
__________________________________________________________
City______________________________________________________________
State/Province________________ Zip_________________ Country______
Phone______________________________ Fax___________________________
Administrative
Contact___________________________________________________________
Email_____________________________________________________________
Billing
Contact___________________________________________________________
Email_____________________________________________________________
Desired Internic Billing Method: Postal (P) or Email (E) ______
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Contract for Additional Account Charges (Version 1.lw)
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THIS CONTRACT is by and between OBNet Business Concepts/NW Wisconsin
LocalWeb Internet Services of 1966 Little Blake Lane, Luck, WI, 54853
and ___________________________________________________________________(Client) of
_______________________________________________________________________(Address)
__________________________________________________
Client- Name & Date
__________________________________________________
OBNet Business Concepts
NW Wisconsin LocalWeb Internet Services
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Additional Account(s) Charges
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Service and Quantity Desired Cost
[ ] E-Mail boxes $2.50 each* $____.____
[ ] Additional Web Space $5/month/5 megabytes $____.____
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Total Charge $____.____
[ ] Enclosed is a check payable to: Craig Olson/OBNet
Company__________________________________________________________________
Street/Apt.______________________________________________________________
City ___________________________ State _________ Zip ____________________
Signature___________________________ Daytime Ph#_________________________
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Administrative Information Additional E-Mail Boxes
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Existing Domain Name:___________________________________________________________
Existing E-Mail account:________________________________________________________
Please provide a valid e-mail address to forward the email to. Please note that
one is not constrained in Username with Forwarded accounts. Thus, names such
as info, webmaster, root, staff, DomainName ARE VALID.
Email address (user names) can be any combination of alphanumeric characters,
no spaces. Periods and underscores are ok. Capitalization is not significant.
E.g. WebMaster, webmaster, and WEBMASTER are all considered identical.
Forwarded email addresses must be a valid existing email id, either on our
machine, or somewhere on the Internet. For example, me@server.com,
theprez@whitehouse.gov, al@mafia.org, etc. Please specify the FULL forwarded
email id, even for addresses on our machine. We will not test the forwarded
email id, we will simply set it up as you have written it.
* Additional e-mail id's (5 included with Premium Virtual Domain and Business Mail
Account) $2.50 each: (username@server.com)
1) E-Mail username __________________ password _______________________
2) E-Mail username __________________ password _______________________
3) E-Mail username __________________ password _______________________
4) E-Mail username __________________ password _______________________
5) E-Mail username __________________ password _______________________
6) E-Mail username __________________ password _______________________
7) E-Mail username __________________ password _______________________
8) E-Mail username __________________ password _______________________
9) E-Mail username __________________ password _______________________
10) E-Mail username _________________ password _______________________
(if additional accounts are needed, please use another copy of this form, not
a blank sheet of paper).
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OBNet/NW Wisconsin LocalWeb
1966 Little Blake Lane
Luck, WI 54853
P: 1.715.857.5015
F: 1.715.857.5004
E:
http://www.obnet.com
It is only necessary to Fax pages with writing.
Please Mail or Fax a signed/completed copy of this contract.
E-mail is not acceptable.