Binary Net Virtual Host Reseller Policies and Agreement

Binary Net and Reseller agree to the following terms and conditions:

Definitions

Binary Net- Internet Service provider including hosting of virtual domains.

134 S 13th St Ste 505,
Lincoln, NE 68508-1901
Phone 402.742.7042
Fax 402.484.7438
support@binary.net

Reseller- the party that wishes to buy then resell virtual host accounts that are hosted at Binary Net. Reseller shall include the reseller's authorized representatives. Net Work account- disk space on a Binary Net web server with continuous Internet connections. Does not have a domain name. Virtual host account- disk space on a Binary Net web server with continuous Internet connections at T1 or faster connections. Domain name is registered. Domain Names-names registered with InterNic using com, org, net, edu etc. for exclusive use by organization as an address on the World Wide Web.

Designation

Binary Net designates the Reseller as a non-exclusive authorized Reseller of virtual host accounts and grants the Reseller the right to market and sell the accounts. Binary net reserves the right to designate other Resellers to promote and sell virtual hosts. Reseller accepts the designation as an authorized Reseller and agrees to the terms and conditions set forth in this document.

Relationship

Reseller acknowledges that it is an independent contractor and that it is acting for the limited and exclusive purposes of the Agreement. This agreement does not constitute Reseller as an employee or agent of Binary Net. This agreement does not constitute Reseller an agency relationship or a franchisee/franchiser between Reseller and Binary Net. Reseller shall have no authority to bind Binary Net in any respect and shall not hold itself out as an agent, joint venture, or representative of Binary Net. Reseller agrees that it shall not directly or indirectly or by inference make any guarantees, representations, oral or written, expressed or implied concerning virtual hosting or domain registration to purchasers or prospective customers.

Responsibilities of the Reseller

The Reseller shall promote and maintain with Reseller's customers and prospective customers the goodwill and reputation of Binary Net. Reseller agrees to indemnify and keep harmless Binary Net from any claim made against Binary Net, directly or indirectly, resulting from any promise or commitment made by Reseller purportedly on Binary Net's behalf or resulting from any action taken by Reseller in a breach of this Agreement. This includes but is not limited to claims against the Reseller for content of websites. Reseller may not without express written consent of Binary Net, use trademarks, trade names or corporate slogans of Binary Net in the sale of advertising materials of any virtual host of Reseller. Reseller agrees not to send unsolicited mail to newsgroups or private individuals or e-mail addresses and furthermore agrees to inform all Reseller's customers that this practice is grounds for cancellation of service at Binary Net. Reseller agrees that after payment of Reseller's fees the Virtual Host accounts and Domain Names are the property of the customer.

Fees and Payments

For every virtual host account sold and administered by Reseller, Reseller agrees to pay Binary Net, in US dollars, the price set in the most current Binary Net Web Hosting price list. Binary Net reserves the right to change the price of web hosting from time to time with one months notice to Reseller. Invoices are to be paid by Reseller within 30 days unless this agreement is terminated at which time all invoiced amount will become immediately due and payable. If at some time Binary Net is required to pay taxes the prices to Reseller shall increase by that amount. Binary Net will not be responsible for the resale of web hosting. Reseller shall be responsible for all taxes or other charges associated with the sale of web hosting accounts.

Termination

This agreement may be terminated at any time either by Binary Net or Reseller with 30 days notice in writing. Nothing in this agreement shall be deemed to create and express or implied obligation on either party to renew or extend this agreement or to create any right to continue this agreement on te same terms and conditions contained within it. All sums owed by either party to the other shall become due and payable immediately upon termination of this agreement. Binary Net may at any time terminate this agreement, and shall be entitled to enforce the security interests granted to it, without notice to Reseller if any one or more of the following events shall occur. 1. If a Reseller fails to pay invoices issued by Binary Net within the 30 day grace period. 2. If Reseller fails to comply with Binary Net's Terms and Conditions as appended to this agreement. 3. If Reseller is declared bankrupt, or becomes insolvent, or if Reseller makes an assignment for the benefit of creditors, or if bankruptcy or insolvency proceeding are instituted by or against Reseller or if Reseller makes a proposal to creditors, or is a substantial portions of the property or Reseller is seized or otherwise attached pursuant to legal process including, without limitation, distress or execution. 4. Upon termination of this agreement a. Reseller shall immediately cease making representation that Reseller is an authorized Reseller of Binary Net. b. All outstanding invoices become due immediately. c. Binary Net shall not be liable to Reseller or to Reseller's clients for any cost, claims, damages or expenses whatsoever, including, but not limited to, loss of profits or revenues as a result of such termination.

Expenses

Except as otherwise stated within this agreement Reseller shall bear all expenses and pay all costs of representation and of the marketing and sale of web hosting accounts and shall indemnify and hold harmless Binary Net for any damages or losses sustained as a result of Resellers activities whether pursuant to this agreement or otherwise.

Assignment

Reseller shall not assign this agreement or any of the rights or duties under the agreement, to another party without the written consent of Binary Net.

Modification of Agreement

This agreement may only be modified by mutual agreement of all signatories of this agreement.

Disclaimer

Binary Net will not be responsible for any damages any business may suffer. Binary Net makes no warranties of any kind, expressed or implied for services provided. Binary Net disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting form delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Binary Net and its employees.

Terms and Discounts

Binary Net's charges for its services shall be made in accordance with its current published rates as detailed at www.binary.net, but subject to the discounts herein specified. Discounts are based on number of accounts reseller establishes with Binary Net. 5 customers or less. $10 for each new virtual host. 5 or more customers - 25% discount on monthly fees. The undersigned agree to the terms of this agreement.