Subj: Web space rental order [horizons-2000.org]
Date: 99-08-05 16:23:37 EDT
From: sales@hway.net (Hiway Technologies Inc.)
To: anilmitra@aol.com
Anil Mitra
Horizon Enterprises and Research
945 Mad River Road
Arcata, CA 95521
US
Phone: (707)822-8305
Fax : (707)822-8305
Email: anilmitra@aol.com
New domain name requested: horizons-2000.org
NOTE: The above domain name seems to be available at the time of this
mailing; however, final authority resides with the Internic Registration
Services.
Dear Anil Mitra,
Thank you for your order. If you provided us with a credit card
number your order will be processed right away and you will receive
an e-mail message with your account information with in the next 24
hours.
If you did not leave us your credit card number, you must send us
the card information (name as it appears on the card, credit card
number and expiration date) via one of the following ways:
1) E-mail to sales@hway.net
2) Voice (800)339-HWAY (4929) or (561)989-8574 Ext 1
3) Fax (561)989-8721
4) Mail to:
Hiway Technologies, Inc.
PO Box 811330
Boca Raton, FL 33481
As soon as we receive payment, we can continue to process your order.
The breakdown of the charges are as follows:
Plan: Plan 1
12 Month contract ($ 24.95/Month)
.................. $ 299.40
One-time setup fee .................. $ 50.00
Less Discount ....................... - 49.91
--------------------
Total $ 299.49
With a 6 month contract you will receive 2 free weeks. With a 12 month
contract you will receive the 11th and 12th month free. With a 24 month
contract you will receive the 19th to 24th month free. This offer does not
apply to SiteSaver and High Volume accounts.
Additional data transfer is billed at 0.10 per MB per month for all plans.
You will be automatically billed at the end of the calendar month for any
data transfer that is in excess of your plan limits.
WEB CONTRACT
Below is the web space rental contract. Please do NOT mail or fax this contract to Hiway Technologies
being it was accepted online.
If you should have any questions or comments, please feel free to email us
at sales@hway.net or phone at either (800)339-4929 or (561)989-8574. We
appreciate your business!
** NOTE **
The governing agency which assigns domain names, InterNIC, will charge a fee for
registering domains. The initial charge is .00, which will pay for two years,
and .00 per year thereafter. Do not pay Hiway, the InterNIC will send you an invoice
via email. You can find out more about the InterNIC at:
http://rs.internic.net/
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HIWAY TECHNOLOGIES, INC.
CUSTOMER AGREEMENT
Domain: [horizons-2000.org]
By and between Hiway Technologies, Inc., a Florida corporation ("Hiway"),
and Horizon Enterprises and Research, with its place of business for the purpose of this
agreement at 945 Mad River Road, , Arcata, CA 95521,
United States of America("Customer").
In consideration of the mutual covenants herein, the parties agree to the
following, which shall apply during the term of this agreement:
1. ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by Hiway at its
office in Boca Raton, Florida. An order will be deemed accepted by Hiway
when Hiway sends written confirmation of the order to Customer.
B. Payment and Terms: Payment shall be made to Hiway into
the account designated by Hiway, or as may otherwise be agreed in writing
by the parties. Payments are due upon invoice. If due to bank charges,
transfer fees, or the like, Hiway should receive less than its invoice
amount, Hiway will re-invoice Customer for the shortfall. Should payment
in full of any invoice (aside from such shortfalls) not be received by
Hiway within thirty (30) days after activation or renewal, Hiway may
impose a debt service charge amounting to one and one-half percent (1.5%)
of the overdue balance (or such lesser amount as may be required by law)
for each month or fraction there of the overdue amount remains unpaid.
In the event that any amount remains unpaid thirty (30) days after
presentation of invoice, Hiway may withhold or suspend services, and may
terminate this agreement pursuant to paragraph 11.C. below.
2. PRICES
A. All prices for Plans provided by Hiway to Customer are in
US dollars.
B. Customer shall be responsible for paying all taxes of any
nature which become due with regard to Hiway's services, except for taxes
on Hiway's income, irrespective of which party may be responsible for
reporting or collecting such taxes.
3. SERVICES TO BE PROVIDED BY HIWAY
A. During the term of this agreement, Hiway will provide
services to Customer according to the Plan(s) accepted by Customer.
"Plan" means one of Hiway's proposals for offering various services, as
listed on line at http://www.hiway.com/hosting/ .
The specific Plan(s) for services to be provided to
Customer shall be established by correspondence between Hiway and Customer.
Such Plan(s) shall be deemed incorporated by reference into this agreement.
Hiway and Customer shall retain copies of such Plan(s) for future reference.
On-line changes made by Hiway to any Plan shall not change the terms of the
Plan(s) accepted by Customer, unless such changes do not adversely affect
the services provided to Customer under the prior Plan(s).
B. At Customer's request, Hiway will acquire an Internet
Second-Level Domain Name ("SLD"), from the US InterNIC or successor
registrar only, on behalf of Customer. Such a request by Customer
and/or Customer's acceptance or use of the SLD obtained by Hiway shall in
all cases constitute Customer's waiver of any and all claims which it may
have, or which may later arise, against Hiway for any loss, damage, claim
or expense arising out of, or related to, the acquisition, registration,
and/or use of such SLD. Any costs of Hiway in obtaining or maintaining a
domain name for Customer or its customers shall be immediately reimbursed
to Hiway upon invoice from Hiway to Customer.
4. RULES AND REGULATIONS
From time to time Hiway may impose reasonable rules and
regulations regarding theuse of its services. Such rules and regulations
are currently called Acceptable Use Policies (AUPs) and are posted on the
Internet at http://www.hiway.com/hosting/aup.shtml . Such AUPs are
incorporated by reference into this agreement.
5. LIMITED 30-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY;
LIMITATIONS ON HIWAY'S OBLIGATIONS AND LIABILITIES
A. Hiway offers a 30-day money-back guarantee on each Plan. If
Customer is not completely satisfied with the Plan within the first 30 days,
Customer may cancel this agreement by notifying Hiway in writing. In such
case Customer will receive a full refund of any amounts paid pursuant to
this agreement, less any setup fees. Setup fees will be refunded only if
(1) Customer cancels this agreement prior to account activation, or (2) the
domain name requested by Customer is not available from InterNIC.
B. After the initial 30-day period, services provided by Hiway
to Customer shall be deemed accepted for all purposes 30 days after the
provision of such services, if no written claim or objection regarding such
services has been received by Hiway within the 30-day period. No claim
related to such accepted services may be raised at a later date.
C. Hiway's liability to Customer hereunder is limited to the
amount paid to and received by Hiway for services not accepted. Hiway is
proud of its record in providing state-of-the-art, reliable services, and
will use its best efforts to maintain performance at the high level to
which its customers have become accustomed, but HIWAY MAKES ABSOLUTELY NO
WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-
INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HIWAY
CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME,
INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER HIWAY NOR
ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL
BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY
KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE
USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault
or negligence on Hiway's part, even if Hiway has been advised as to the
possibility of such damages. Some jurisdictions may prohibit certain
disclaimers, so the above disclaimers may not apply. Customer's local
jurisdiction's laws will apply only to the extent they override this
agreement.
E. Customer will take all necessary measures to preclude Hiway
from being made a party to any lawsuit or claim regarding Hiway services
provided to Customer. Customerhereby agrees to indemnify and hold harmless
Hiway from any and all such lawsuits or claims.
6. PROPERTY RIGHTS
Hiway owns all right, title and interest in and to Hiway's trade
names, service marks, inventions, copyrights, trade secrets, patents, and
know-how relating to the design, function,or operation of Plans and of the
hardware and software systems and resources necessary to provide the
individual service elements of which they consist. This agreement does not
constitute a license to Customer to use Hiway's trade names or service
marks. Any such license must be the subject of a separate written agreement.
7. PRIVACY
A. Hiway will not sell, and will not knowingly disclose, its
customer lists or customer email or listserv address lists (although it
cannot guarantee that such information will never be found out). Hiway will
cooperate with those attempting to minimize net abuse, and reserves the
right to institute "filters" or other mechanisms as part of its efforts to
reduce net abuse.
B. Hiway will not monitor or disclose Customer's private email
messages unless required to do so by court order or law, but Hiway will
cooperate with law enforcement authorities and will notify such authorities
if it suspects that Customer is engaged in illegal activities.
8. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with Hiway
hereunder, it may have access to certain information and materials relating
to Hiway's business plans, customers, software technology, and marketing
strategies that is confidential and of substantial value to Hiway, which
value would be impaired if such information were disclosed to third parties.
Customer agrees that it will not use in any way for its own account nor for
the account of any third party, nor disclose to any third party, any such
information revealed to it by Hiway. Customer further agrees that it will
take every reasonable precaution to protect the confidentiality of such
information. In the event of termination of this agreement, Customer shall
not disclose any such confidential information in its possession, and shall
return all confidential materials to Hiway or destroy them, at Hiway's
option. The provisions of this section shall survive the termination of
this agreement. Upon any breach or threatened breach of this section, Hiway
shall be entitled to injunctive relief.
9. RELATIONSHIP OF THE PARTIES; NATURE OF AGREEMENT
The relationship between Hiway and Customer is that of vendor and
vendee. The parties shall not be construed as being joint venturers,
franchiser/franchisee, or employer/employee. Even if Customer is an
individual, this agreement is a commercial agreement entered into for
business purposes, not a consumer agreement. Customer has no authority,
apparent or otherwise, to contract for or on behalf of Hiway, or in any
other way legally bind Hiway in any fashion, nor shall Customer be
authorized to make any representations about Hiway or its services other
than to set forth the contents of this agreement, of any Plan(s) contracted
for, and of any rules and regulations promulgated by Hiway from time to time.
10. DISPUTES
The parties shall attempt to resolve all disputes arising out of
this agreement in a spirit of cooperation and with a problem-solving mindset,
without formal proceedings. Any dispute which cannot be so resolved (other
than the collection of money due on unpaid invoices, and other than the
injunctive relief referred to in paragraph 8) shall be subject to binding
arbitration upon written demand of either party. Arbitration shall take
place in Boca Raton, Florida, or at another location if the parties so agree.
The arbitration shall take place before an arbitration panel chosen as
follows: The parties shall each choose an arbitrator, and the two arbitrators
shall choose a third arbitrator and determine the third arbitrator's
compensation. Each party shall have one veto over the choice of the third
arbitrator. The three arbitrators shall schedule an informal proceeding, hear
the arguments, and decide the matter by secret majority vote. Unless the
arbitrators decide otherwise, each party shall pay the costs of its own
arbitrator, and shall pay half of the other costs of the arbitration proceeding.
Each party shall have the right to have the proceedings transcribed. The
arbitrators shall not have the authority to award punitive damages or any other
form of relief not contemplated in the contract. The majority of arbitrators
shall render a written opinion setting forth the basis on which they arrived
at the decision regarding each issue submitted to arbitration; the dissenting
arbitrator, if any, shall not issue or reveal a dissenting opinion. Regarding
each issue submitted to arbitration, the decision shall be final and binding
only to the extent it is accompanied by a written explanation of the basis upon
which it was arrived at. Judgment upon the award, if any, rendered by the
arbitrators may be entered in any court having jurisdiction thereof. Should
any legalaction permissible under this agreement be instituted to enforce the
terms and conditions of this agreement, in particular the right to collect
money due on unpaid invoices, the prevailing party shall be entitled to
recover reasonable attorney's fees and expenses incurred at both the trial
and appellate levels.
11. TERM, TERMINATION
A. Initial term. Unless otherwise terminated as set forth herein,
this agreement shall be effective for the term stated in the initial order.
B. Automatic renewal. This agreement shall be renewed
automatically for subsequent terms of the same length unless, at least
twenty (20) days prior to the next renewal date, one party gives notice of
non-renewal to the other. If, prior to the renewal date, Hiway tenders to
Customer a copy of Hiway's then-current Customer Agreement with notice that
renewal is conditioned on Customer's agreement thereto, any renewal by
customer will be deemed to be an acceptance of the terms contained in such
subsequent Customer Agreement, rather than a renewal pursuant to the terms
contained herein. Upon automatic renewal of this Agreement, the Plan(s)
accepted by Customer shall be deemed to be the then-current Plan(s) most
closely resembling Customer's prior accepted Plan(s), provided that such
subsequent Plan(s) shall be at least as favorable to Customer as any prior
Plan(s).
C. Termination. This agreement may be terminated in any of
the following ways:
1. By Hiway,
(a) upon thirty (30) days' written notice to
Customer, if in the sole judgment of Hiway, Customer breaches any material
and substantial provision of this agreement and has not cured by the end of
the 30 days.
(b) immediately upon written notice to Customer,
in the event that
1. Customer, in the sole judgment of
Hiway, violates the AUPs, in which case Hiway may either terminate this
agreement, or suspend it pending discussions with Customer.
2. Any bank draft or check delivered
by Customer to Hiway in payment for Products is returned unpaid and Customer
fails to remedy such nonpayment within five business days;
3. Customer becomes more than sixty
(60) days in arrears in payment of its account with Hiway;
4. There are instituted bankruptcy
or insolvency proceedings against Customer, which are not vacated within
sixty (60) days from the date of filing;
5. Customer institutes voluntary
bankruptcy or insolvency proceedings, or otherwise admits insolvency;
6. Customer makes an assignment of
all or part of its assets for the benefit of creditors;
7. Customer assigns or attempts to assign
all or any part of this Agreement without Hiway's prior written approval; or
8. Customer fails to inform Hiway
in writing immediately on the happening of any event specified in this section;
2. By Customer,
(a) immediately upon giving written notice to Hiway, if
1. There are instituted bankruptcy or
insolvency proceedings against Hiway, which are not vacated within sixty (60)
days from the date of filing;
2. Hiway institutes voluntary bankruptcy or
insolvency proceedings, or otherwise admits insolvency;
3. Hiway makes an assignment of all or
part of its assets for the benefit of creditors; or
4. Hiway fails to inform Customer in
writing immediately on the happening of any event specified in this section.
The provisions of paragraph 6, 8, 10, 13, 14, and 15 survive any
termination of this agreement. Should termination occur for any of the reasons
set forth in 11.C.1.(a); or in 11.C.1.(b) (1), (2), or (3), Customer will be
responsible for paying the costs of enforcing any unpaid obligations to Hiway,
including reasonable attorney fees.
12. NONASSIGNABILITY
Customer's rights and obligations under this agreement may not be
transferred or assigned directly or indirectly without the prior written
consent of Hiway, which consent shall not be unreasonably refused. Hiway's
rights and obligations under this agreement may be transferred and assigned
only if such transfer or assignment does not adversely affect the services
provided to Customer hereunder.
13. PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court
of competent jurisdiction, then the remaining provisionsshall nevertheless
remain in full force and effect. Hiway and Customer agree to renegotiate
in good faith any term held invalid and to be bound by mutually agreed
substitute provision.
14. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by Hiway in Florida. It
is to be governed by and construed under the laws of the State of Florida
and the United States of America. The federal and state courts of the State
of Florida shall have exclusive jurisdiction to adjudicate any non-arbitrable
dispute arising out of this agreement. Customer hereby expressly consents to
(1) the jurisdiction of the courts of Florida and (2) service of process being
effective upon it by registered mail sent to the address set forth at the
beginning of this document, as may be changed from time to time by written
notice actually received by Hiway. Unless prohibited by the law of Customer's
jurisdiction, Customer waives any requirement that service of process or of any
documents be made upon it pursuant to the provisions of the Hague Convention.
15. NOTICES
Except with respect to service of process as set forth in paragraph 14,
all notices may be sent by email, fax, or express mail to the email address,
fax number, or address most recently provided and will be effective upon
transmission. Evidence of successful transmission shall be retained.
16. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding
between the parties and merges all prior discussion between them. Hiway may
make changes to this agreement upon thirty (30) days' written notice to
Customer, advising of the change and the effective date thereof. Utilization
of Hiway services by Customer and/or its Customers following the effective
date of such change shall constitute acceptance by Customer of such change(s).
Otherwise,this agreement may not be modified except by the of written
consent of both parties.
Hiway Technologies, Inc., v1.2
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Date: Thu, 5 Aug 1999 16:23:10 -0400 (EDT)
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To: anilmitra@aol.com
From: "Hiway Technologies Inc."
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Subject: Web space rental order [horizons-2000.org]
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