Contract for Data Storage and Transfer (Version 1.1a) The following agreement is by and between __COMPANY__ (__COMPANY_DOMAIN__) of __ADDRESS__, __CITY__ and [value first_name] [value last_name] (Client) of [value address] [if value address2], [value address2][/if], [value city], [value state] [value zip] (Address) WHEREAS, __COMPANY_DOMAIN__ is an information provider connected to the Internet, __COMPANY_DOMAIN__ offers storage and transfer services over the Internet through access to its Web Server; WHEREAS, Client seeks to utilize __COMPANY_DOMAIN__'s server for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, __COMPANY_DOMAIN__ can make no guarantee that any given reader shall be able to access __COMPANY_DOMAIN__'s server at any given time. __COMPANY_DOMAIN__ 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 I. Financial Arrangements 1. Client agrees to a three (3) month contract, beginning upon contract receipt by fax, mail, or express mail. Client agrees to pay __COMPANY_DOMAIN__ for services rendered pursuant to the payment schedule. 2. First three (3) months payment 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.. II. Taxes __COMPANY_DOMAIN__ shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client of __COMPANY_DOMAIN__'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 __COMPANY_DOMAIN__ with material and data in a condition that is server-ready, which is in a form requiring no additional manipulation on the part of __COMPANY_DOMAIN__. __COMPANY_DOMAIN__ shall make no effort to validate this information for content, correctness or usability. Any additional arrangements for consulting are separate and distinct entities, subject to their own terms and conditions, and are not covered by this contract. 2. __COMPANY_DOMAIN__ will exercise no control whatsoever over the content of the information passing through the network. __COMPANY_DOMAIN__ makes no warranty or representations of any kind, whether expressed or implied for the service it is providing. __COMPANY_DOMAIN__ also disclaims any warranty of merchantability 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 __COMPANY_DOMAIN__ is at the Client's own risk, and __COMPANY_DOMAIN__ 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 does not represent guarantees of available end to end bandwidth. __COMPANY_DOMAIN__ expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rated monthly charge during the system unavailability. __COMPANY_DOMAIN__ specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not Server-ready, __COMPANY_DOMAIN__, may at its option and at any time, reject this material from the Server. __COMPANY_DOMAIN__ agrees to notify Client immediately of its refusal of material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of __COMPANY_DOMAIN__, If the Client fails to modify the material, as directed by __COMPANY_DOMAIN__ 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 __COMPANY_DOMAIN__ the right to use such trademarks in connection with __COMPANY_DOMAIN__'s Server service. V. Hardware, Equipment & Software The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access __COMPANY_DOMAIN__. __COMPANY_DOMAIN__ makes no representations, warranties or assertions that the Client's equipment will be compatible with the __COMPANY_DOMAIN__ service. VI. Age The Client certifies that he or she is at least 18 years of age. VII. Acceptable Use This Acceptable Use Policy has been formulated with the following goals in mind: * Ensure security, reliability and privacy of __COMPANY_DOMAIN__'s systems and network, and the networks and systems of others * Avoid situations that may cause __COMPANY_DOMAIN__ to incur civil liability * Maintain the image and reputation of __COMPANY_DOMAIN__ as a responsible provider * Preserve the value of Internet resources as a conduit for free expression * Encourage the responsible use of net resources, discourage practices which degrade the usability of network resources and thus the value of Internet services * Preserve the privacy and security of individual users The Acceptable Use Policy below defines the actions which __COMPANY_DOMAIN__ considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to __COMPANY_DOMAIN__ customers. If you are unsure whether any contemplated use or action is permitted, please send mail to admin@__COMPANY_DOMAIN__ and we will assist you. Please note that the actions listed below are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by __COMPANY_DOMAIN__, or connected via the __COMPANY_DOMAIN__ network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement. General Conduct * Customers are prohibited from transmitting on or through any of __COMPANY_DOMAIN__'s services, any material that is, in __COMPANY_DOMAIN__'s sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. * __COMPANY_DOMAIN__ services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or State regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. __COMPANY_DOMAIN__ reserves the right to remove such illegal material from its servers. * The customer is responsible for keeping his/her billing data with __COMPANY_DOMAIN__ up-to-date and accurate. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability. * The customer is responsible for keeping his/her billing data with Internic up-to-date and accurate. Furnishing false data to the Internic is grounds for immediate termination. * The resale of __COMPANY_DOMAIN__ products and services is not permitted, unless specifically permitted and documented in a written agreement. * Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Customer, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool). * Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. * Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet. * Users who violate systems or network security may incur criminal or civil liability. __COMPANY_DOMAIN__ will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. EMAIL * Harassment, whether through language, frequency, or size of messages, is prohibited. * Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email. * Customers are explicitly prohibited from sending unsolicited bulk email messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. * Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings. * Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited. * Forging of header information is not permitted. * __COMPANY_DOMAIN__ accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider. * These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). USENET postings have their own regulations; see below. USENET * Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it. * Customers are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). * Customers are prohibited from posting chain letters of any type. * Customers are prohibited from posting binary files to newsgroups not specifically named for that purpose. * Customers are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties. * Customers are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup. * A customer may not solicit mail for any other address other than that of the customer's __COMPANY_DOMAIN__ account or service, with the intent to harass or collect replies after __COMPANY_DOMAIN__ service has been terminated. VIII. Termination This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. In such event, the canceling party will be required to pay to other party an amount equal to the unused portion of service excluding any hosting or setup charges. Notwithstanding the above, __COMPANY_DOMAIN__ 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 __COMPANY_DOMAIN__'s Server is at Client's sole risk. Neither __COMPANY_DOMAIN__, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that __COMPANY_DOMAIN__'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 __COMPANY_DOMAIN__ Server service, unless otherwise expressly stated in this Agreement. 2. Under no circumstances, including negligence, shall __COMPANY_DOMAIN__, its officers, agents or any one else involved in creating, producing or distributing __COMPANY_DOMAIN__'s service be liable for any direct, indirect incidental, special or consequential damages that result from the use of or inability to use the __COMPANY_DOMAIN__ Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operations, or transmission of any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to __COMPANY_DOMAIN__'s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content of __COMPANY_DOMAIN__'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 __COMPANY_DOMAIN__'s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulations is prohibited. This includes, but is not limited to copyrighted material legally judged to be threatening or obscene, or material protected by trade secrets. XI.. Indemnification Client agrees that it shall defend, indemnify, save and hold __COMPANY_DOMAIN__ harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees, (Liabilities) asserted against __COMPANY_DOMAIN__, 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 __COMPANY_DOMAIN__ against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with __COMPANY_DOMAIN__'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 __COMPANY_DOMAIN__ Server. XII. Value Added Reselling Client is allowed to resell the storage and transfer services provided to it by __COMPANY_DOMAIN__. Client agrees to handle and is responsible for all third-party customer's content, support, and handling of set-up and maintenance. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties. This Agreement shall be governed and construed in accordance with the laws of the State of Ohio. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date indicated below.