Mountainview Computer Technology, LLC
Contract for Data Storage and Transfer
The following agreement is by and between Mountainview Computer Technology, LLC
("MCT") 65 Shaker Road, Marlborough, NH 03455
and
Customer Name__________________________________________________
Company Name___________________________________________________
Street/Apt.____________________________________________________
City ________________________ State _________ Zip ________
WHEREAS, MCT is an information provider connected to the Internet.
MCT offers storage and transfer services over the Internet through
access to its Web Server;
WHEREAS, Customer seeks to utilize MCT's server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, MCT can make no
guarantee that any given reader shall be able to access MCT's server
at any given time. MCT 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;
WHEREAS, the party has authority to enter into this agreement on behalf
of the Company, if applicable;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
I. Financial Arrangements:
1. Customer agrees to a three (3) month contract, beginning upon
commencement of service. Contracts must be faxed, mailed, or express
mailed. MCT will not accept contracts by electronic mail or over the
telephone.
2. First three (3) months payment plus a non-refundable setup
charges, if any, shall be due upon receipt of contract.
3. This agreement will automatically renew for successive three (3)
month periods for the life of the contract until cancelled in writing.
Customers paying by check or money order will receive an invoice for
charges and payment is due upon receipt. .
4. Initial payment is due with the contract. For accounting purposes,
renewal charges for contracts received on or after the 20th of the month
will accrue as of the 1st of the following month. By way of example, an
account setup on August 20th will be setup immediately and the initial
payment will be due with the contract. The initial term of the agreement
will be August 20 through November 30. The first renewal charge will be
due in December for second quarter of services.
II. Taxes:
MCT shall not be liable for any taxes or other fees to be paid in
accordance with or related to purchases made from Customer or MCT's
server. Customer agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold.
III. Material and Products:
1. Customer will provide MCT with material and data in a
condition that is "server-ready", which is in a form requiring no
additional manipulation on the part of MCT. MCT shall make no effort
to validate this information for content, correctness or usability.
2. Use of MCT's service requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This
level of knowledge varies depending on the anticipated use and
desired content of Customer's Webspace by the Customer.
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 Customers to receive mail, etc.
The Customer agrees that he or she is a necessary knowledge to
create Customer's Webspace. Customer agrees that it is not the
responsibility of Mountainview Computer Technology, LLC to provide this
knowledge or Customer Support outside of the defined service of
MCT.
3. MCT will exercise no control whatsoever over the content of
the information passing through the network. MCT makes no warranties
or representations of any kind, whether expressed or implied for the
service it is providing. MCT 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 Customer, including loss of
data resulting from delays, non-deliveries or service interruptions by
any cause or errors or omissions of the Customer. Use of any information
obtained by way of MCT is at the Customer's own risk, and MCT
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. MCT expressly limits its damages to the
Customer for any non-accessibility time or other down time to the pro-
rata monthly charge during the system unavailability. MCT specifically
denies any responsibilities for any damages arising as a consequence
of such unavailability. In the event that this material is not "Server-ready",
MCT may, at its option and at any time, reject this material, including but
not limited to after it has been put on MCT's Server. MCT agrees to notify
Customer immediately of its refusal of the material and afford Customer
the opportunity to amend or modify the material to satisfy the needs
and/or requirements of MCT. If the Customer fails to modify the material,
as directed by MCT, 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:
Customer warrants that it has the right to use the applicable
trademarks, if any.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone,
computer, hardware and software equipment and services necessary
to access MCT. MCT makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the MCT service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Acceptable Use:
Customer agrees to operate the account in accord with MCT's Acceptable
Use Policy, full text of which is found at http://www.new-hampshire.net/aup.htm.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by
giving the other party 30 days written notice. Notice must be faxed or,
mailed. MCT will not accept terminations by electronic mail or over the
telephone. Notwithstanding the above, MCT may terminate service under
this Agreement at any time, without penalty, if the Customer fails to
comply with the terms of this Agreement, including non-payment. MCT
reserves the right to charge a reinstatement fee.
IX. Limited Liability:
1. Customer expressly agrees that use of MCT's Server is at
Customer's sole risk. Neither MCT, its employees, affiliates, agents, third
party information providers, merchants licensers or the like, warrant that
MCT'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 MCT Server service, unless otherwise expressly
stated in this Agreement.
2. Under no circumstances, including negligence, shall MCT, its
offices, agents or any one else involved in creating, producing or
distributing MCT'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 MCT 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 MCT's records, programs or
services. Customer hereby acknowledges that this paragraph shall
apply to all content on MCT's Server service.
3. Notwithstanding the above, Customer'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 Customer paid during the term of this Agreement
and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Customer may only use MCT'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. Indemnification:
Customer agrees that it shall defend, indemnify, save and hold MCT
harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted
against MCT, 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 Customer,
its agents, employees or assigns. Customer agrees to defend, indemnify
and hold harmless MCT against Liabilities arising out of (i) any
injury to person or property caused by any products sold or otherwise
distributed in connection with MCT's Server; (ii) any material
supplied by Customer infringing or allegedly infringing on the
proprietary rights of a third party; (iii) copyright infringement
and (iv) any defective product which Customer sold on MCT Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Customer on renewal of
Mountainview Computer Technology, LLC Services as specified in Section I. Financial
Arrangements.
XIII Transfer:
Customer may not transfer this agreement without the written consent of
MCT.
This Agreement constitutes the entire understanding of the parties.
Any changes or modifications to this Contract thereto are agreed to by the both
parties upon renewal of services. This Agreement shall be governed and construed
in accordance with the laws of the State of New Hampshire.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
indicated below.
____________________________________________________________
Customer- Name & Date
_____________________________ Valid Daytime Ph#________________
Title ________________________________________________________
Mountainview Computer Technology, LLC 603-876-3797
65 Shaker Road wjack@new-hampshire.net
Marlborough, NH 03455 http://www.new-hampshire.net
Mountainview Computer Technology, LLC Contract for data storage & transfer
(Virtual & NonVirtual Domains, additional services (Version 10):
I hereby acknowledge and accept the terms of Mountainview Computer Technology's client contract .
Signature __________________________________________________ Date _____________
NOTE: Please sign above and return the contract to:
Mountainview Computer Technology, LLC
65 Shaker Road
Marlborough, NH 03455
USA
Include a check for all money due payable in US funds.
*** *** *** *** *** *** *** *** *** Price Sheet *** *** *** *** *** *** *** *** ***
Quantity Item Price Amt. Quarterly
( ) Virtual Domain (40 megs) * $50 x 3 = $150
* One time Setup Fee For Each $40.00
Total Amount ____________
*** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** *** ***
Please fill in the following:
Company Name ______________________________
Address ______________________________
______________________________
______________________________
[ ] Enclosed is a check payable to Mountainview Computer Technology, LLC
Email Services to be added
POP Email boxes:
1) Username: ______________________ Pswd: _____________________
2) Username: ______________________ Pswd: _____________________
3) Username: ______________________ Pswd: _____________________
4) Username: ______________________ Pswd: _____________________
Forwarded Email:
Forward: ________________________ To: __________________________
________________________ To: __________________________
Important Account Information - Please Fill In Completely
Individual's Name ________________________________________
Company Name ________________________________________
Existing Email ________________________________________
Daytime Phone # ________________________________________
New Domains: [ ] Unix [ ] Unix w/ FrontPage [ ] NT [ ] NT w/ Front Page
Domain Name: _________________________________________ (.com / .org / .net / .[other])
Username: [=domain name]* Password: ________________________
Verify Password: ________________________
*Your account user name is the domain name unless you request another name.
Certain user names (i.e. webmaster, info, root, staff) will not be available. Note that E-mail (pop3) accounts can have any name. Usually the username for the account is the same as the domain.
Your primary email address will be username@domain name.
*** *** *** *** *** Mountainview Use Only *** *** *** *** ***
Date Received: _________________ Account #: __________________
Date Entered: _________________ Entered By: __________________
I.P. Number: __________________________ Server #: __________________
Technician / Billing Notes:
______________________________________________________________________________
______________________________________________________________________________