Wednesday, December 03, 2003 

This Agreement is between InterTech USA, LLC 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.

Copyright 2003 InterTech USA, LLC  All rights reserved.