|
This Agreement
is between InterTech USA, Inc. and Client. Client hereby asserts
that Client has the full authority to order services from
InterTech USA. This Agreement may be executed in counterparts,
and each such counterpart shall be deemed to be an original,
but all of which when taken together, shall constitute one
Agreement. A counterpart includes, but is not specifically
limited to, an InterTech USA Customization Specification Document(CSD),
General Design Document(GDD), an InterTech USA Change Order(CO),
Fee Schedule, Technical Support Schedule, Service Level Agreement(SLA),
Acceptable Use Policy(AUP), Privacy Policy,
Services Descriptions, and Addendums to the forgoing.
InterTech
USA Responsibilities
InterTech USA agrees to provide Internet access, email, worldwide
web, database, domain name service, news, file transfer protocol, as well as web design, development, marketing, deployment,
technical support, consulting, and other services as ordered
by the Client according to the current Service and Fee Schedules.
InterTech USA agrees that these services will be deployed
on high speed systems according to the Service Level Agreement
(SLA) selected by the Client. InterTech USA will monitor these systems 24 hours per
day for capacity and system performance.
InterTech
USA will not knowingly permit our services to be used for
any unlawful purpose. This specifically includes, but is not
limited to, the offering or solicitation of illegal substances,
the offering or solicitation of illegal activities, such as
computer crimes or hacking, the offering or solicitation of
computer files which are protected by copyrights, trademarks,
or other creative rights, or the display, linking, offering
or solicitation of lewd or pornographic material. InterTech
USA aggressively blocks unsolicited, commercial junk
email(SPAM/JUCE),
as well as access to Internet URLs containing unacceptable
materials. Client therefore understands that access to those
URLs will be restricted and bulk unsolicited email sent to
or addressed by the Client will not be processed and will
be automatically discarded without notice.
InterTech
USA accepts no liability for its failure, for any cause,
to make submitted information available through the Internet.
Liability for any error or omission is limited to the cost
of the service actually. No allowance, however, will be given
for an error or omission that does not materially affect the
value of the service. To qualify for an adjustment, any error
or omission must be reported within three (3) days of the initial
deployment. Credit for errors or omissions is limited to three (3)
days or the duration of the deployment, whichever is shorter.
InterTech USA is not liable in the event of an act of God,
action by any governmental or quasi-governmental entity, fire,
flood, insurrection, riot, explosion, embargo, strike, whether
legal or illegal, labor or material shortage, transportation
interruption of any kind, work slow down, power interruption,
hardware failure, phone service interruption, Internet service
provider (ISP) failure or error, illness or disability of owners
or employees of InterTech USA, or any condition beyond the
control of InterTech USA affecting delivery or production
in any manner. InterTech USA reserves the right to edit, alter,
omit, or refuse any information submitted to InterTech USA
for electronic distribution. Client modifications and requests
for upgraded services will not be accepted or affected without
a valid Change Order signed by Client.
InterTech
USA does not warrant that any particular service designed,
published or deployed by InterTech USA or any other third
party who utilizes any part of our network will be useable
or error free under any and all conditions. InterTech USA
will make its best attempt to provide reasonable compatibility.
InterTech USA is not responsible for the content being presented
to the Internet by the Client except for that content prepared
exclusively by InterTech USA. InterTech USA owns all rights
to all graphics and source code written for Client. Client
further understands that all deployments for Client will operate
only on InterTech USA's network.
Client
Responsibilities
Client agrees to pay all charges for services in advance according
to the current Services Fee Schedule. Payments not received
by the tenth of the month will be considered past due and
all services will be subject to termination. A 1.5% per
month late fee will be charged on all past due accounts. Upon
termination, any client files, email, and data residing on
InterTech USA servers or backup systems may be permanently
deleted and non-recoverable. Client may only re-establish
services by bringing all past due accounts current and by
ordering and paying for in advance for new services as a new
Client. Should InterTech USA deem it necessary to use any
third party in order to collect any fees due to InterTech
USA for work and/or services performed, those collection fees
will be paid by the Client. Should Client cancel an account
under contract prior to the expiration of that contract, the
full amount of that contract will immediately become due and
payable based upon the then-in-effect month-to-month rate
for service. All service cancellations will become effective
at the beginning of the next month after receipt of a written
or faxed notification to InterTech USA that positively identifies
the Client. Positive identification is agreed to be notification
on the Client's letterhead and signed by the designated administrator
or officer of the company. A verbal or email cancellation,
or notification by another provider or vendor will not be
accepted under any circumstances. Upon contact expiration,
billing will automatically revert to the then-in-effect month-to-month
rate for service until a new contract is executed.
When visiting
InterTech USA servers, the Client is expected to respect the
conventions, courtesies, and rules of use that govern communications
on the Internet. Some examples would include, but are not
limited to, refraining from harassing, spamming, sending unsolicited
email, threatening or tormenting any other user or group
of users. A fee of $5.00 will be automatically assessed for
each piece of unsolicited email sent by Client from our email
system. Client will not post or transmit any unlawful, offensive,
inflammatory, or prohibited communication, or material of
any kind. Client may not use InterTech USA servers or services
to encourage, conduct, or agree to any activity that would
constitute a criminal or civil offense. Links to/from any
InterTech USA servers to/from any servers containing objectionable
or pornographic materials is strictly prohibited. Any Client
linking to/from such sites will be terminated without refund,
without re-establishment of service, and without notice. Client
acknowledges that it is solely responsible for any and all
information that Client deploys or orders InterTech USA to
deploy for Client on the Internet. Client represents that
it and/or its agency has the right and/or permissions to
deploy through the Internet the contents thereof and is not
in violation of any copyright. Client agrees to hold InterTech
unaccountable regarding deletion, loss, or corruption of any data
for any reason. Client consents to periodic monitoring of
Client's use of these services, for purposes of quality control
or to measure Client's compliance with the terms of this Agreement.
Client agrees to maintain a prudent and reasonable knowledge
of the Internet and computing. Client understands that the
Internet and computing is an ever-changing complex and dynamic
environment that requires that the Client maintain, at Client's
own expense and effort, continuing education to meet the challenges
of the current environment. Client therefore understands that
technical support is not a substitute for tutorial support.
Client also agrees to maintain hardware, software, and telco
equipment on Client's premise in good working order and acknowledges
that InterTech USA is not responsible for maintaining and
troubleshooting the foregoing under any circumstances unless
covered by an executed SLA.
Client
may not resell or transfer services, scripts, source code,
graphics, or any other services or products or sell advertising
space on any InterTech USA network without an executed InterTech
USA Reseller Agreement or written permission from InterTech
USA. Client understands that any and all Internet protocol (IP)
addresses assigned to Client by InterTech USA remain the property
of InterTech USA and are not transferable. Client agrees that
any account includes only services for one company, organization,
person, or business entity. Concurrent (simultaneous) logons
using the same account and/or software and presence for anything
other than a single entity is subject to the terms and conditions
as a separate account and will be billed to Client automatically
according to the current Fee Schedule.
Client
understands that bandwidth is shared among many clients and
visitors. As such, any activity that exceeds InterTech
USA's fair and equitable shared usage guidelines is subject
to immediate transfer to a dedicated service at the current
fee in effect for that service. Client agrees to refrain from
using email to transfer large files and/or attachments and
utilize FTP for that purpose. Client agrees to adhere to the
licensing agreements regarding InterTech USA and third-party
software. Client acknowledges that the Internet is not a secure
environment and fully understands the risks involved in utilizing
the Internet for any purpose. Client therefore assumes full
responsibility for implementing security procedures and for
any loss for failure or breach of security. Network Address
Translation (NAT) provides moderate security and cost-effective
protection for the Client's LAN but is not a substitute for
a firewall.
InterTech
USA is only responsible for the maintenance and support of
the circuits and equipment within its facility and under
its direct control. The Client is responsible for maintenance
and support of the circuit from our facility to and including
the Client's facility. Client is responsible for any and all
third-party charges regardless of source.
Declarations
All charges for all services will begin as of the date of
first service regardless of public or private classification.
Client is responsible for payment for services even if Client
never uses the services regardless of reason or cause. Modifications
to services will become effective upon receipt and acceptance
by InterTech USA of a signed Change Order submitted by Client.
Total file sizes including but not limited to email, FTP,
web storage, bandwidth usage, and connections are calculated
and billed monthly, and include all services on all InterTech
USA servers. There are no refunds for cancellations. All fees for the contracted term
are due and payable to InterTech USA and will not be prorated
in the case of early cancellation by Client for any reason.
THIS AGREEMENT
IS SUBJECT TO ARBITRATION. If a dispute arises with respect
to this Agreement or the services provided under this Agreement,
either party may submit the dispute to an arbitrator selected
by the parties or selected in accordance with the Uniform
Arbitration Act, as enacted in the State of Montana. Each
party agrees to comply and obey all federal, state, and local
laws applicable to the use of the Internet, and the text and
other material transmitted on the Internet. No conditions
shall be binding on InterTech USA unless specifically agreed
to in writing by InterTech USA and attached hereto and made
a part hereof. This Agreement supersedes all previous Agreements
regardless of source. The current version of this Agreement
is available for public review on our web site and will be
amended from time to time with all amendments and modifications
binding as the original signed Agreement. For the purposes
of resolving conflicts that could arise out of this Agreement,
all parties agree that the Laws of the State of Montana shall
govern this Agreement and that the place of performance of
this Agreement is Missoula, Montana.
I have
read and agree to all the terms and conditions contained in the
InterTech USA Customization Specification Document(CSD), General
Design Document(GDD), InterTech USA Change Order(CO), Fee
Schedule, Technical Support Schedule, Service Level Agreement(SLA),
Acceptable Use Policy(AUP), Privacy Policy,
Services Descriptions, and Addendums to the forgoing. I understand
that these documents are subject to change by InterTech USA
and that the current version is available to the public at
http://www.intertech-usa.com/policies and I accept those documents
in lieu of formal written notification of any changes.
If you would like additional information on InterTech USA services, please call us at 1.800.291.6517 Ext. 222 or
contact us using the online request form.
|