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Internet - Internet Services Agreement |
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Acme Information
Services, Inc., dba Acme Internet located at 3601 Minnesota
Drive, Suite 625, Minneapolis, MN 55435 (herein identified as
"ACME") and _________________________________ (herein
identified as the "client"), collectively known as the
"parties", enter into this Internet Service Agreement
(herein identified as "agreement"), dated
___________________________.
1. Services
Provided By ACME
1.World Wide Web (WWW)
Site Layout and Design
2.Text generation and/or conversion to HTML, ASP and database
formats;
3.Graphic generation and/or conversion to *.GIF & *.JPG
formats;
4.Creation of CGI, JAVA and Active-X scripts, applets, and
tools;
5.Web Site Hosting and Internet domain registration;
6.WWW content editing, testing, and verification;
7.WWW point of contact on client's behalf;
8.Registration with national and international search engines;
9. Internet training and consulting
2. Support
Hours & Location
ACME's goal is to
provide a high level of technical support to its customers.
Services rendered under this agreement shall take place at
ACME's headquarters location. Support is made via
telephonic/electronic connection to the client's site and upon
ACME's equipment. Support hours and phone numbers are posted on
ACME's web site at http://www.acmeinternet.com. Use of ACME'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 web site.
The following examples
are offered:
Web Publishing: requires
a knowledge of HTML, Authoring Software Interfaces, properly
locating and linking documents, FTPing web site contents,
Graphics, text, Sound, image-mapping, use of email etc.
CGI-Scripts: requires knowledge of the programming languages,
etc.
The Customer agrees that
he or she has the necessary knowledge to access our network,
create content and use ACME's services. Customer agrees that it
is not the responsibility of ACME to provide this knowledge or
Customer Support outside of the defined service of ACME.
3. Access
to Internet
Client must have its own
access to the Internet and the World Wide Web. ACME does not
supply these services. At the client's request, ACME may
recommend vendors for such services to the client. With the
client's permission, ACME may include the billing from an
approved Internet access provider within its own billing
statements to the client for the convenience of the client. ACME
accepts no other responsibilities for the client's account with
the access provider.
4. Lawful
Purpose:
Customer may only use
ACME's services 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,
pornographic, profane, or material protected by trade secrets.
This also includes links or any connection to such materials.
5. Backup
of Data
While ACME shall make
every reasonable effort to protect and backup data for Client on
a regular basis, ACME is not responsible for Client's files
residing on ACME's Servers. Client is solely responsible for
independent backup of data stored on your account residing on
ACME's servers.
6. IP
Addresses
ACME maintains control
and any ownership of any and all IP numbers and addresses that
may be assigned to Client and reserves in its sole discretion
the right to change or remove any and all IP numbers and
addresses.
7. Privacy
Due to the public nature of the Internet, all information
should be considered publicly accessible, and important or
private information should be treated carefully. ACME is not
liable for protection or privacy of electronic mail or other
information transferred through the Internet or any other
network provider Client may utilize.
8. Disclaimers
(a) ACME makes no
guarantee that the Client's advertising/publishing space and/or
WWW Site will generate revenue for the client. ACME is in no way
responsible for the marketability of material supplied by the
Client. ACME only agrees to promote the Client's advertisement(s)
within the parameters specified in the Web Site Planning
worksheet provided to ACME by client, and shall be held harmless
against any and all Client-determined loss of revenue associated
with lack of throughput at the Client's advertising site(s).
(b) ACME makes no
guarantee that the Client's WWW Site will generate any specific
number of "hits" per day, month, quarter, or year.
ACME's service to the Client site includes reasonable, proactive
registration of the Client's site with national and
international search engines. ACME makes no other guarantees of
public awareness of the client site, and shall be held harmless
against any and all Client-determined loss of revenue associated
with lack of throughput at the Client's WWW Site.
(c) Client agrees to
indemnify and hold ACME, its agents, officers, directors,
employees, successors, and assigns harmless from any claims,
losses or damages, including attorney’s fees, arising from any
persons use of clients web site. The entire risk as to the
quality and performance of the Web pages and Web site is with
client. In no event will ACME be liable to the client or any
third party for any damages, including any lost profits, lost
savings or other incidental, consequential or special damages
arising out of the operation of or inability to operate these
Web pages or Web site, even if ACME has been advised of the
possibility of such damages.
(d) ACME and
the client both acknowledge that the "Internet" is not
owned, controlled, or the responsibly of ACME, and that ACME
cannot guarantee that their data, web site, files, or
information will be available at all times. ACME will however
make prudent and reasonable attempts to ensure as little down
time as possible of the connection or system, allowing
reasonable access to the client’s information.
(e) With respect to
services provided, ACME makes no warranties of any kind,
expressed or implied, and takes no responsibility for any
damages including but not limited to loss of data, data mis-deliveries,
non-deliveries, delays, errors in communications, service
interruptions, local or remote, client’s errors and/or
omissions or any other cause and therefore shall take no
responsibility for any damages, including inability to access
services or loss of data arising from such outages.
9. Payment
of Fees.
Fees to ACME are due and
payable upon activation of service . Activation includes the
granting of access privileges or installation of any client data
files that can be accessed from the Internet. Data files include
any noticed published on client's web site including "under
construction" or other similar notices. Service is invoiced
quarterly in advance. Delinquent bills will be assessed a $15
charge if payment is not received within 10 days of the due
date. If an amount remains delinquent 30 days after its due
date, an additional 5% penalty will be added for each month of
delinquency. All checks returned for insufficient funds will be
charged a NSF fee of $25.00. ACME reserves the right to
remove Web pages from viewing on the Internet until final
payment is made. In case collection proves necessary, the client
agrees to pay all fees incurred by that process. This agreement
becomes effective only when signed by ACME. Regardless of the
place of signing of this agreement, the client agrees that for
purposes of venue, this contract was entered into in Hennepin
County, Minnesota and any dispute will be litigated or
arbitrated in Hennepin County, Minnesota. All payments will be
made in US funds.
10. Cancellation of
Service
All cancellations
must be received in writing via regular mail, fax or via e-mail
to accounting@acmeinternet.com.
Phone requests or e-mail cancellations to any e-mail address
other than accounting@acmeinternet.com
will not constitute acceptance of any cancellation. Setup fees
are refundable for the following reasons only: (1) the account
order is canceled prior to activation; or (2) the domain name
was not available at the InterNIC. For retail web hosting
account contracts of 3 months or less, the full contract amount
less any setup fees and/or waived set up fees will be refunded
if Acme is notified within the first 30 days following
activation. Refunds are not available on reseller, trade
or other discounted accounts.
11. Resale
The Client’s rights
herein granted cannot be transferred, shared, sold, or used by
anyone other than the Client unless agreed to in writing by both
parties. Web Site Hosting accounts are for the use of one
business or organization only, subdividing or subleasing of web
space is not allowed unless agreed to in writing by ACME. Client
is limited to only one Web Site hosted per account. Accounts
which have been transferred to other parties, or show other
activity in violation of this paragraph, are subject to
immediate cancellation. If you would like space that can be used
for reselling purposes, please call for a quote.
12. Termination
of Service
ACME reserves the right
to refuse service, remove or restrict access to any web site or
storage area at any time without notice if ACME feels that it is
in the best interest of ACME, the client, visitors to our
server, or if the client is in violation of any contractual
obligations. The Client agrees that the Company has the right to
delete all data, files, or other information that is stored in
the Client’s account if the Client’s account with the
Company is terminated, for any reason, by either the Company or
the Client.
13.
General Provisions
(a) Sole Agreement.
This Contract represents
the complete understanding between the parties as to the subject
matter hereof, and supersedes all prior written and oral
negotiations, representations, guarantees, warranties, promises,
orders, statements, or agreements between the parties or any
statement or representation made or furnished by any other
person representing or purporting to represent either party. The
Company reserves the right to modify these Terms and Conditions
by notifying the Client 30 days in advance of the effective date
of the modifications. Continued use of the service is
conclusively deemed to be acceptance of the modifications.
Notice may be posted on the Web Site Hosting service.
(b) Use of Service
Use of the Web Site Hosting service account constitutes
acceptance of these Terms and Conditions. If Client does not
wish to be bound, Client must not use the Web Hosting service.
(c) Duration.
This agreement is valid for a period of six months from the
signature date unless terminated for other conditions specified
under this agreement. This agreement will automatically renew
for another 6-month period, if Client does not notify Company of
intent to terminate in writing 30 days prior to the end of the
agreement.
(d) Amendments in
Writing
No other amendment to this agreement shall be effective and
binding until it is reduced to writing and signed by both
parties.
(e) Applicable Law
This agreement shall be governed and construed by the laws of
the State of Minnesota.
(f) Severability
Any invalidity, in whole or in part, of any provision of this
agreement shall not affect the validity of any other provision
of this agreement.
(g) Headings
The section headings used herein are for convenience and
reference purposes only, and are not intended to define, limit,
or describe the scope or intent of any provision of this
agreement, and shall have no meaning of effect upon the
interpretation of this agreement.
(h) Effective Upon
Execution
This agreement shall become effective and binding upon the
parties hereto upon execution by both parties below.
The undersigned agrees
to the terms of this agreement on behalf of his or her
organization or business.
On behalf of the
client:_________________________ Date_____________________
On behalf of ACME
Internet:_____________________ Date _____________________
Acme Internet
Web
Site Hosting and Internet Services
3601 Minnesota Drive, Suite 625 — Minneapolis, MN 55435
Web: http://www.acmeinternet.com
— E-mail: sales@acmeinternet.com
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