Inet OnSite - Inet OnSite Service Agreement

Inet OnSite Service Agreement

Please read this document carefully.

I. Financial Arrangements

Inet Architects, Inc. will invoice Customer for reimbursement of the cost of purchasing, configuring, testing, and shipping OnSite equipment to Customer.

Inet Architects, Inc. will invoice Customer monthly in advance for OnSite service at the rate of $400 per month. The first month of service will be free.

OnSite service includes the acquisition, transfer, and on-line storage of the lessor of 1,000 images or 125 megabytes of image data per month. Excess images will be invoiced at $0.20 per image. Excess image data will be invoiced at $0.20 per 125 kilobytes.

Images may be accessed over the Internet at no change.

Should a component of Customer's OnSite equipment require replacement, Inet Architects, Inc. may ship a new or reconditioned replacement component to Customer prior to receiving the damaged component from Customer. If Inet Architects, Inc. receives the damaged component within 15 days of shipping the replacement and the component is covered by the manufacturer's warranty, there will be no charge to Customer. If Inet Architects, Inc. receives the damaged component within 15 days and the component is not covered by the manufacturer's warranty, Inet Architects, Inc. will invoice Customer for reimbursement of the cost to repair the component. If Inet Architects, Inc. does not receive the damaged component within 15 days, Inet Architects, Inc. will invoice Customer for reimbursement of the cost if a new component.

Customer will pay invoices within 30 days by check made payable to Inet Architects, Inc. and sent to:

Inet Architects, Inc.
405 Waltham St #313
Lexington, MA 02421

II. Term of Agreement and Termination

Service begins the day on which Customer's OnSite equipment is delivered.

Either party, without cause, may terminate this Agreement by giving the other party written notice. In the event that Customer terminates this agreement, Customer will be liable for the monthly service fees for the remainder of service period.

If both parties agree to resume OnSite service at the original or any subsequent location the terms and conditions of this agreement will be reinstated.

III. Limited Liability

Customer expressly agrees that use of Inet OnSite is at Customer's sole risk. Neither Inet Architects, Inc., its employees, affiliates, agents, third party information providers, merchants, licensers, or the like, warrant that the Inet OnSite 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 Inet OnSite. Under no circumstances, including negligence, shall Inet Architects, Inc., its officers, agents or any one else involved in creating, producing, or distributing Inet OnSite be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Inet OnSite; 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 or Nature, communication failure, theft, destruction or unauthorized access to records, programs or services. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in agreement, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.

IV. Lawful Purpose

Customer may only use Inet OnSite for lawful purpose. Transmission of any material in violation of any Federal, State or Local Law 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.

V. Indemnification

Customer agrees to indemnify Inet Architects, Inc. against liability for any and all installations and use of Inet OnSite by Customer.

Customer agrees that it shall defend, indemnify, save and hold Inet Architects, Inc. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, asserted against Inet Architects, Inc., 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 Inet Architects, Inc. against liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed by Customer in connection with the use of Inet OnSite; (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 in conjunction with using Inet OnSite.

VI. Continuous Product Improvement

Inet Architects, Inc. reserves the right to modify, add, or remove all services and features of the system at any time.

VII. Dedicated Use of OnSite Equipment

Customer acknowledges that installing or running any additional software on the OnSite computer, or changing any settings on the OnSite computer, will damage the OnSite equipment. Customer agrees not to do so for the period of the Service Contract.