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WHEREAS, Digital Omaha Network is a web site reseller connected to the
Internet. Digital Omaha Network offers storage and transfer services over the
Internet through access to its Digital Omaha Network Web Server;
WHEREAS, Client seeks to utilize Digital Omaha Network server for its
own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned
nor controlled by any one entity; therefore, Digital Omaha Network can make no
guarantee that any given reader shall be able to access Digital Omaha Network's
server at any given time. Digital Omaha Network represents that it shall make
every good faith effort to ensure that its Digital Omaha Network server is
available as widely as possible and with as little service interruption as
possible;
NOW THEREFORE, in consideration of the mutual promises contained
herein, the parties agree as follows;
Financial Arrangements:
- Client agrees to a yearly contract, beginning upon Digital Omaha Network's
receipt by fax, mail or express mail. Digital Omaha Network will not accept
contracts by electronic mail.
- First month's payment plus setup charges, if any, shall be due upon receipt
of contract.
- This agreement will automatically renew unless canceled in writing 30 days
prior to the monthly/yearly renewal date. Renewal prices are subject to
change. Renewal of services by Client indicates agreement to Contract
revisions.
II. Taxes:
Digital Omaha Network shall not be liable for any taxes or other fees to be
paid in accordance with or related to purchases made from Client or Digital
Omaha Network's server. Client agrees to take full responsibility for all taxes
and fees of any nature associated with such products sold.
III. Material and Products:
1. Client will provide Digital Omaha Network with material and data in a
condition that is "server-ready", which is in a form requiring no additional
manipulation on the part of Digital Omaha Network. Digital Omaha Network shall
make no effort to validate this information for content, correctness or
usability. The Client agrees that he or she has the necessary knowledge to
create Client's Webspace. Client agrees that it is not the responsibility of
Digital Omaha Network to provide this knowledge or Customer Support outside of
the defined service of Digital Omaha Network.
or
2. Digital Omaha Network will create the web pages for the client.
3. Digital Omaha Network exercises no control whatsoever over the content of
the information passing through the network . Digital Omaha Network makes no
warranties or representations of any kind, whether expressed or implied for the
service it is providing. Digital Omaha Network 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 Client, including loss of data
resulting from delays, non-deliveries or service interruptions by any cause or
errors or omissions of the Client. Use of any information obtained by way of
Digital Omaha Network is at the Client's own risk, and Jason A. Jensen
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. Digital Omaha Network expressly limits its damages to the Client for
any non-accessibility time or other down time to the pro- rata monthly charge
during the system unavailability. Digital Omaha Network specifically denies any
responsibilities for any damages arising as a consequence of such
unavailability. In the event that this material is not "Server-ready", Digital
Omaha Network may, at its option and at any time, reject this material,
including but not limited to after it has been put on Digital Omaha Network's
Server. Digital Omaha Network agrees to notify Client immediately of its refusal
of the material and afford Client the opportunity to amend or modify the
material to satisfy the needs and/or requirements of Digital Omaha Network. If
the Client fails to modify the material, as directed by Digital Omaha Network,
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:
Client warrants that it has the right to use the applicable trademarks, if
any, and grants Digital Omaha Network the right to use such trademarks in
connection with Digital Omaha Network's Server service.
V. Hardware, Equipment & Software:
The customer is responsible for and must provide all telephone, computer,
hardware and software equipment and services necessary to access Digital Omaha
Network. Computerwurld.Ne makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the Digital Omaha Network
service.
VI. Age:
The Customer certifies that he or she is at least 18 years of age.
VII. Internet Etiquette:
Electronic forums such as mail distribution lists and Use Net news groups all
have expectations regarding subject area and appropriate etiquette for posting.
Users of these forums should be considerate of the expectations and
sensitivities of others on the network when posting material for electronic
distribution. The network resources of Digital Omaha Network may not be used to
impersonate another person or misrepresent authorization to act on behalf of
others or Digital Omaha Network. All messages transmitted via Digital Omaha
Network should correctly identify the sender; users may not alter the
attribution of origin in electronic mail messages or posting. Users must not
attempt to undermine the security or integrity of computing systems or networks
and must not attempt to gain unauthorized access.
VIII. Termination:
This Agreement may be terminated by either party, without cause, by giving
the other party 30 days written notice. Notwithstanding the above, Digital Omaha
Network may terminate service under this Agreement at any time, without penalty,
if the Client fails to comply with the terms of this Agreement.
IX. Limited Liability:
1. Client expressly agrees that use of Digital Omaha Network's Server is at
Client's sole risk. Neither Digital Omaha Network, its employees, affiliates,
agents, third party information providers, merchants licensers or the like,
warrant that Digital Omaha Network'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
Digital Omaha Network Server service, unless otherwise expressly stated in this
Agreement.
2. Under no circumstances, including negligence, shall Digital Omaha Network,
its offices, agents or any one else involved in creating, producing or
distributing Digital Omaha Network'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 Digital Omaha Network 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 Digital Omaha Network's records, programs or services.
Client hereby acknowledges that this paragraph shall apply to all content on
Digital Omaha Network's Server service.
3. Notwithstanding the above, Client'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 Client paid during
the term of this Agreement and any reasonable attorney's fee and court costs.
X. Lawful Purpose:
Client may only use Digital Omaha Network 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. Digital Omaha Network expressly forbids
anyone from using Digital Omaha Network's servers for the propogation,
distribution, housing, processing, storing, or otherwise handling in any way
lewd, obscene, or pornographic material, or any other material which we deem to
be objectionable, including, but not limited to, pornography, satanic materials,
and any and all materials of an adult nature. This also includes links or any
connection to such materials. The designation of any materials as such described
above is left entirely to the discretion of the Digital Omaha Network
management.
XI. Indentification:
Client agrees that it shall defend, indentify, save and hold Digital Omaha
Network harmless from any and all demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, ("Liabilities") asserted against
Digital Omaha Network, 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 Client, its agents, employees or
assigns. Client agrees to defend, indemnify and hold harmless Digital Omaha
Network against Liabilities arising out of (i) any injury to person or property
caused by any products sold or otherwise distributed in connection with Digital
Omaha Network's Server; (ii) any material supplied by Client infringing or
allegedly infringing on the proprietary rights of a third party; (iii) copyright
infringement and (iv) any defective product which Client sold on Digital Omaha
Network Server.
XII. Contract Revisions:
Revisions to this Contract will be applicable to previous Contracts.
Revisions will be considered agreed to by the Client on renewal of Digital Omaha
Network. Services as specified in Section I. Financial Arrangements.
XIII. Content Clause:
Client agrees not to publish adult-related, pornographic, or otherwise
publicly offensive material using Digital Omaha Network's server. All content is
subject to denial at any time on the basis of controversial media.
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 North Carolina and of the Internet.
This contract must be mailed to:
Digital Omaha Network
2502 N 75 ST
Omaha, NE 68134
Please keep a copy of the contract for your records.
Signed:_____________________________________
Client
Date:______________________
Signed:_____________________________________
Jason A. Jensen D.B.A. Digital Omaha Network
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 08.09.2006 .:. 6 Year Celebration
Digital Omaha Network Celebrates its 6th year of great service this month.
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