Contract

Please call us at 877-UTRON11 or send email to sales@ultratron.net if you have any questions regarding this agreement and we will be happy to walk you through it.

Acceptable Use Policy for Storage and Transfer (Version 071103)

The following agreement is by and between Ultratron Internet Services ("Ultratron”) and it's customers.

WHEREAS, Ultratron is an information provider connected to the Internet. Ultratron offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Client seeks to utilize Ultratron's server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, can make no guarantee that any given reader shall be able to access Ultratron's server at any given time. Ultratron 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, beginning upon account setup. Client agrees to pay Ultratron for services rendered pursuant to the payment schedule.

2. First three (3) months payment shall be due upon account setup.

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.

4. Client may elect to pay annually, in which case special discounts may apply as specified on the price sheet current at the time.

II. Taxes

Ultratron shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Ultratron'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 Ultratron with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Ultratron. Ultratron shall make no effort to validate this information for content, correctness or usability.

2. Ultratron will exercise no control whatsoever over the content of the information passing through the network. Ultratron makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Ultratron 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 Ultratron is at the Client's own risk, and Ultratron 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 available end to end bandwidth. Ultratron expressly limits its damages to the Client for any non-accessibility time or other down time to the prorate monthly charge during the system unavailability. Ultratron specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Ultratron may, at its option and at any time, reject this material, including but not limited to after it has been put on Ultratron's Server. Ultratron 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 Ultratron. If the Client fails to modify the material, as directed by Ultratron, 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 Ultratron the right to use such trademarks in connection with Ultratron Ultratron'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 Ultratron. Ultratron makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Ultratron 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 Ultratron may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Ultratron. All messages transmitted via Ultratron 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. 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, Ultratron may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement. During the first 30 days the Client is entitled to a 100% money back guarantee that applies in the event the Client is dissatisfied with the service for any reason (excluding InterNIC or other external fees which we do not control). This applies to web hosting fees, and does not apply to web promotion, web design, custom programming work, and set up fees, such as for shopping carts, CyberCash, Chat Rooms, Forums, etc. Nor does this apply to cancellation for reasons other than dissatisfaction with Ultratron's service (e.g. Client decided to discontinue web site for personal or business reasons).

IX. Limited Liability

1. Client expressly agrees that use of Ultratron's Server is at Client's sole risk. Neither Ultratron, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Ultratron'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 Ultratron Server service, unless otherwise expressly stated in this Agreement.

2. Under no circumstances, including negligence, shall Ultratron, its offices, agents or any one else involved in creating, producing or distributing Ultratron'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 Ultratron 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 Ultratron's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Ultratron'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 Ultratron's Server for lawful purpose. Transmission 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, or material protected by trade secrets. Use of Ultratron’s facilities for bulk e-mail of any kind (spam or UCE) is expressly prohibited.

XI. Indemnification

Client agrees that it shall defend, indemnify, save and hold Ultratron harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Ultratron, 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 Ultratron against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Ultratron'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 Ultratron Server.

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.

By signing up for services through Ultratron Internet Services, the client agrees to these terms and conditions.

 

Ultratron Price Sheet

Services
Quantity Desired
Amount Per Month
[  ]
Silver 50 MB storage / 1 GB transfer $19.95
[  ]
Gold 100 MB storage / 3 GB transfer $29.95
[  ]
Platinum 200 MB storage / 6 GB transfer $49.95
[  ]
Platinum 100 400 MB storage / 10 GB transfer $79.95
[  ]
Commerce 600 MB storage / 15 GB transfer $119.95
[  ]
Eshare Chat Server 50 person $90.00
[  ]
Total Monthly Charge $____.___
[  ]
First 3 months fees (If paying quarterly) $____.___
[  ]
Annual fees (If paying annually) FREE set up AND one FREE month! $____.___

One-Time Setup Charges (PLEASE CHECK ALL REQUIRED EVEN IF NO CHARGE):
Services
One-time
set up fee
[  ]
Silver $40.00
*
[  ]
Gold $50.00
*
[  ]
Platinum $75.00
*
[  ]
Platinum 100 $100.00
*
[  ]
Commerce $150.00
*
[  ]
Interchange Catalog set up $50.00
[  ]
SSL set up $20.00
[  ]
Discussion Group Forum Bulletin Board $50.00
[  ]
Mailing Listserver $75.00
[  ]
Website Search Engine $40.00
[  ]
Anonymous FTP Server $45.00
[  ]
Personalized Name Server $25.00
[  ]
CyberCash set up $195.00
[  ]
Live Chat Room/Chat Server $50.00
[  ]
Total set up charges (*waived if paying annually) $____.____
[  ]
Total set up + 3 months Service $____.____

[  ] Enclosed is a check payable to: Ultratron Internet Services

or charge my credit card (check one): [  ] American Express, [  ] Visa,  [  ] MasterCard, [  ] Discover

NOTE: PLEASE FILL IN THE NAME/ADDRESS INFORMATION EVEN IF NOT PAYING BY CREDIT CARD. LEAVE CREDIT CARD # AND EXPIRATION BLANK IF PAYING BY CHECK.

Name (as it appears on credit card)

________________________________

Company

________________________________

Street/Apt.

________________________________

City

________________________________

State

______

Zip

___________________

Daytime Phone #

___________________

Fax #

___________________

Credit card #

________________________________

Expiration date

___________________

Credit card signature

________________________________

Administrative Information

Desired Domain Name ______________________________________
(.com / .net / .org / .edu / .firm / .shop / .rec / .arts / .info / .web)

[ ] NEW DOMAIN [ ] TRANSFER DOMAIN [ ] DO NOT TRANSFER DOMAIN YET!

You will be assigned http://DesiredDomainName.ultratron.net until your Domain Name is approved by the InterNIC or National/TLD Registry.

PREFERRED OR PRIMARY SERVER: UNIX____

Existing E-mail account to notify you when the account is ready:
(This must be an email address OUTSIDE of your desired domain)

Existing E-mail account to forward your email to (or enter POP3):
(This must be an email address OUTSIDE of your desired domain)

Desired User name _____________ FTP/Telnet Password ________________
(SEE EXPLANATION)

IMPORTANT: User name is always all lowercase. Please UNDERLINE "upper case" in the password letters for clarity. The User name ("login id") must be a lower-case ID of 2-8 characters. The FTP/Telnet Password must be at least 7-8 characters (after the 8th character is irrelevant and need not be actually typed), MIX of upper case and lower case OR a MIX of numbers and letters. Easy to guess passwords will be rejected for security reasons. You will need your login ID and password for FTP, Telnet, and to retrieve your e-mail.

InterNIC Fees:

Ultratron is not responsible for monitoring, maintaining, or payment of your Domain Name with InterNIC in any manner. Client must have an account with Ultratron Internet Services before registering a new Domain Name, or Modifying an existing Domain Name, and using Ultratron Internet Services 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: ________________________________________
Street/Apt. ________________________________________
City: ________________________________________
State: ________________________________________
Zip: ________________________________________
Country: ________________________________________
Daytime Phone # (with area code): ________________________________________
Fax # (with area code): ________________________________________

Please specify name, address, phone, fax and e-mail for contacts, or enter INTERNIC HANDLE if known.

Administrative Contact:

Admin E-mail: __________________________
Billing Contact: __________________________
Billing Email: __________________________

Email address at which you would like to receive coorespondence from our accounting department regarding declined credit cards, email invoices, etc. ________________________________________________

CHECK IF REQUIRED IMMEDIATELY (or these can be added later when needed):
[ ] FrontPage ® 2002 Extensions [ ] SSL [ ] RealAudio [ ] ColdFusion [ ] mSQL [ ] MySQL

HOW DID YOU HEAR ABOUT US?

[ ]
Business referral
Please specify: (Domain / Refer's Name):
[ ]
Business magazine. Please specify:
[ ]
Search engine on WWW. Please specify:
[ ]
Existing client. Please specify:
[ ]
Hosting Directory. Please specify:
[ ]
Other. Please specify:

Ultratron Internet Services
Phone: 1.877.UTRON11
Fax: 1.937.862.9466
E-mail: sales@ultratron.net
http://www.ultratron.net/

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