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Terms of Use
Revised April 6, 2017

TERMS AND CONDITIONS

Individuals, organizations, and businesses located in countries subject to United States embargoes as well as any person listed on the U.S. Treasury Department's list of Specially Designated Nationals, or listed on U.S. Commerce Department's Table of Denial Order or Entities List may not enter into agreements associated with the Products or Services available from the host company. By placing your order you acknowledge that you are not such a person, organization or business. Terms and Conditions are subject to change at anytime.

LEGAL CLAIM

NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. THE COMPANY RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

ORDER APPROVAL

Customer is fully responsible for final proof and layout approval prior to the printing process.

We are NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspellings, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Finished Product Size.

By submitting the above document "I agree to the following terms":
I have verified that spelling and content are correct. I am satisfied with the document layout and the images represented above. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.

COPYRIGHT

All material and software rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the website and/or its subsidiaries or the copyrighted property of parties from whom our company has licensed such property.

You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. Our policy also states that you cannot use explicit language or pornography on printed materials and merchandise.

CUSTOMER CONTENT

You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you are entirely responsible for all Content that you use from our website Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.

You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of the company or any third party. We do not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will we be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.

Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

You acknowledge that we do not pre-screen Content, but that the company and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the company, its users and the public.

ACCESS TO CONTENT

We advise that you have a copy of all files and content uploaded to us, as we will not be able to send back any of your files/content at any given time.

After printing, your Content and the Proofs we sent you may be removed/deleted at any time without notice. Proofs will remain available for a maximum of 3 months.

The company maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.

GOVERNING LAW

The internal laws of the State of California shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Los Angeles County, California for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.

LEGAL FEES

If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY - INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom the company has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.

CUSTOMER SUBMITTED ARTWORK OR GRAPHICS

All artwork or designs and images must be provided in CMYK format, excluding products labeled otherwise*. The company is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes or converting from CMYK to RGB.

All artwork, designs and images must be provided in a minimum of 350 DPI and CMYK color mode (unless otherwise stated). The company is not responsible for images printed as fuzzy, distorted or pixelated due to customer provided artwork.

Additional fees may apply for files larger than 30MB.

*More information in product details and file set up tab.

ADDITIONAL FEES FOR PROCESSING 2ND PROOF

The first proof for each order is free (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges for each file replacement, as files would have to be reprocessed.

$5.00 reprocessing fee applies to the following products:

Banner, Business Card, Bookmark, Club Flyer, Collectors Card, Door Hanger, Event Ticket, Flyer, Greeting Card, Hang Tag, Letterhead, Notepad, Postcard, Rack Card, Rip Business Card, Rolodex Card, Roll Label, Special Shape, Sticker, Table Tent, Wide Format Poster, Window Cling, Window Decal, Window Perf and Yard Sign

$15.00 reprocessing fee applies to the following products:
Envelope and Staggered Cut Flyer

$30.00 reprocessing fee applies to the following products:
Booklet, Brochure, Calendar, Catalog, CD Package, DVD Package, Mini Menu, Poster and Folder

COLOR PROOFING, MATCHING & PRINTING

The company is not liable for color matching or ink density on screen proofs approved by Customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

The company will try its best to match the gradient density of each color, but the company is not liable for the final appearance of a color.

Important: Gang-run printing is the process by which multiple (and different) customer jobs are combined on a large print sheet and are run at the same time. For example, we lay out 65 different customer business cards and postcards on one gang-run sheet, and run the sheet 1000 times to get 65 sets of 1000 cards. Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color offset print run among 65 customers.

The application of High Gloss UV Coating may affect or change the appearance of printed colors. The company is not liable for the final color appearance of High Gloss UV-coated product's.

Greeting Cards: High-quality, full-color digital printing for quantities of 25 and 50. We cannot guarantee the facility in which your order will be printed. In the case of a mechanical issue in one of our facilities, we may print your order in another facility to ensure you receive your order in a timely manner.

ENVELOPES AND LETTERHEADS PAPER EFFECT DUE TO COLOR

Please note that because our letterhead and envelope paper stock is "uncoated", we do not recommend using colors with high color density. By this we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.

STICKERS AND ROLL LABELS

Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials.

ORDER CANCELLATION

We will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. We will inform you of any cancellation charges depending on the stage of the order.

If a job is canceled, any labor hours (proofs, graphic design work, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The minimum is $15 (15%-30% of the total transaction).

Orders on hold due to file or payment issues will be canceled by us if no response is received from the customer within two weeks. Charged orders that have been canceled due to no response will be subject to a cancellation fee, as stated above.

All work rendered to Customer remains the company’s property until Customer has paid for it and discharged all other debts owing to the company. If Customer misuses service(s) in any way, we reserve the right to contact the parties responsible for the misuse, and demand the cost for the service(s).

RETURNS AND REFUNDS

Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.

Customer must notify us within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement, Customer must return 100% of the received product within 15 days (at their own expense) from the time when the ordered product delivery was taken.

All charges related to expedited printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped at Customer’s own expense.

ORDER SHIPPING & DELIVERY

The company will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall the company be liable for any consequential or damages resulting from any delay in shipment or delivery.

All customers agree not to hold us liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond our direct control. Our shipment and delivery dates are calculated based upon estimates provided by our suppliers.

The company will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.

Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for us to relay your information to the shipping carrier for the arrival scan, and the following 3 business days/non-holidays for your shipment to arrive.

Please note, some orders may receive tracking information on a Saturday, although the order will not leave our facility until the following business day. In the case of a Monday holiday, the order will leave our facility the following business day.

Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.

NEXT DAY AM/PM SERVICE SHIPPING METHOD

Next Day AM/PM delivery is available to all 50 states and Puerto Rico, with some limitations in Alaska and Hawaii (Metro Alaska and Hawaii only).

FREIGHT SERVICE SHIPPING METHOD

Please note that Lift Gate Service adds an additional fee of $75 for Freight orders. Trade Show services also add an additional fee of $125 for Freight orders. Prices are subject to change.

It is the customer's responsibility to ensure there is truck accessibility at the destination. You must have a dock to receive the shipment. The delivery point needs to be on the ground level. If no one is available at time of delivery, shipment will be sent back and will require a re-shipping cost.

If your shipment requires a Trade Show Service but you do not select the required options upon checkout, we may charge you for those additional charges at any time. It is the customer's responsibility to ensure all necessary services are added to the order upon checkout.

It is the customer's responsibility to ensure there is truck accessibility at the destination. You must either have a dock to receive the shipment, or choose Lift Gate Service if you do not have a dock. If your location falls under an area with limited access, you must choose "Limited Access Locations" service. For freight orders, the delivery point needs to be on the ground level, unless you choose "Freight Not Adjacent to Vehicle (Including Inside Pickup or Delivery)" service. Lastly, if you require your shipment to be sorted or segregated, please choose "Sorting and Segregating of Shipments."

Sorting and Segregating of Shipments or Transfer of Shipments Loaded on Pallet(s), Platform(s), Rack(s), Skid(s) or Other Similar Devices on Delivery

Loading and unloading services does not include any of the following services. Any request for such service shall be subject to a charge of $95.00 per shipment. Charges for these services shall be the responsibility of the party requesting the service, and if uncollectible, Carrier reserves the right to assess the charges against the payer of the freight charges. In all cases, the responsibility for payment of these charges will be irrespective of whether the shipment is prepaid or collect.

Sort or segregate shipments by size, brand, flavor or other distinguishing characteristics.

Assembling freight in such a manner to create a shipment.

Inspecting, dismantling, packing, unpacking of any freight.

When the product terms of sale requires a shipment be sorted or segregated in any manner, but the Shipper fails to tender the shipment in that manner.

No sorting or segregating charge will apply when:

The only service performed is a count necessary to determine the extent and identity of shortages or overages as may have been ascertained by Carrier’s employee.

The shipment tendered to Carrier on pallet(s) and delivery in the same palletized manner in which the freight was tendered to Carrier.

Pickup or Delivery – Limited Access Locations

Before attempting pickup or delivery at Limited Access Locations, Carrier must reach agreement with the consignor or consignee regarding the date and time (approximate) of such pickup or delivery. This arrangement for pickup or delivery shall be made before pickup, or tender of delivery is initially attempted, and shall include at least the following:
The shipment may be delivered to the address on the bill of lading or may be picked up by the consignee at Carrier's terminal.
Carrier's next delivery schedule for the delivery area and the delivery requirements, including:
The shipment weight, number of packages and payment requirements
Additional services that may be available and the respective charges, including delivery to positions not immediately adjacent to Carrier's vehicle (item 566) and lift gate services (item 892)
When Carrier is requested or required to arrange for a pickup or delivery at a location with limited access, the following charge shall apply: $120.00 per shipment
In the case of delivery, the charge provided for in this Item will include an initial notification to make delivery arrangements. Any additional notifications will be subject to the provisions of Item 647 and assessed to the party requiring the additional notice.
Unless the bill of lading is specifically endorsed to show prepayment of these charges, they will be collected from the party who authorized the additional services or the party responsible for the payment of the freight charges. The charges will apply separately for pickup and separately for delivery and will be in addition to all other charges.
The term Limited Access Locations includes, but is not limited to the following:
Churches and all houses of worship
Commercial establishments not open to the walk in public during normal Business Hours
Construction sites (see Note 2)
Fairs and carnivals
Farms and ranches
Individual (Mini) storage units
Military bases / installations
Mine sites (see Note 3)
National parks
Oil fields (see Note 4)
Prisons or other correctional facilities
Schools with no loading dock

Other similar locations where pickup or delivery is restricted or limited (see Item 753 for Residences).

Note 1: Not applicable on Urgent shipments (as defined in Item 822) moving "out-of-network."

Note 2: Construction site is the site of any construction of buildings, roads or bridges or other structures including the entire property upon which the construction is taking place, and delivery to any facility (such as warehouses, depots, supply houses or similar facilities) located on such property.

Note 3: Mine site is the site of any pit, excavation, shaft or deposit at which coal, ore or minerals is, has been, or will be extracted. Such site or "mine" shall include the entire property upon which the mine is located, and delivery to any facility (such as mine warehouses, mine deposits, mine supply house, mine tipples or similar receiving facilities) located on such property will be considered as delivery to a mine. On shipments involving stop offs, charges apply to each portion of the shipment delivered to a mine site.

Note 4: Oil field is the site of any pit, excavation, shaft, deposit (including tar/oil sand) or rigging at which crude oil, natural gas or other fossil fuel is, has been, or will be extracted. Such site or oil field shall include the entire property upon which the site is located, and delivery to any facility (such as, but not limited to, field warehouses, field deposits, field supply house or similar receiving facilities) located on such property will be considered as delivery to an oil field. On shipments involving stop offs, charges apply to each portion of the shipment delivered to an "oil field" site.

Please note: Shipments destined to certain zip codes will be subject to a per shipment surcharge. This surcharge will be in addition to all other applicable rates and charges, and will be added to the freight bill as a separate line item. The surcharge will be billed to and shall be the responsibility of the party who is responsible for payment of the line haul freight charges. Upon checkout, if your zip code requires a surcharge, the surcharge will be added to the total freight cost.

CUSTOMS, DUTIES AND TAXES FOR INTERNATIONAL ORDERS

Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country ("Import Fees"). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. We do not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country’s requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.

All shipments of $17 dollars or more to Canada are subject to "Custom Clearance Fees" (these duties are included in our shipping and handling charges). All shipments of $17 dollars or more are also subject to Canadian taxes: HST, GST, PST, and QST, depending on their ship to address. Customers are responsible for payment of all duties and taxes.

Shipping rates for high-quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.

MAIL INNOVATIONS (ECONOMY) SHIPPING METHOD FOR INTERNATIONAL ORDERS

If you are shipping to a country outside of the U.S., please note that Mail Innovations (Economy) is not trackable and delivery time cannot be guaranteed. This is due to the fact that the final delivery is made by that country's postal service. Delivery time can be affected by how developed the postal service is for a particular country.

In addition, the shipping carrier cannot support any claims for Mail Innovations (Economy) in the case a package is lost, delayed, or damaged. Neither the shipping carrier nor the company is responsible for any issues that occur in transit.

SHIPPING ERRORS & LOST PACKAGES

Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. We are not responsible for 3rd party shipping errors, omissions or damaged shipments.

CUSTOMER SUPPLIED INCORRECT ADDRESS

When a package is not delivered due to an error made by the customer in submitting the proper shipping address, we will reship the package with corrected address and charge an additional shipping fee for the shipment.

Berber Corp / UltraTech Terms of Use  and Conditions:
Terms of Use and Conditions
    This website is controlled and operated by Ultra Technology Limited dba; Berber Corp / UltraTech from its offices within the United States. Ultra Technology Limited dba; Berber Corp / UltraTech makes no representation that the Products or Services accessed through this website are appropriate or legally available for use in other locations. Those who choose to access the Products, Services, or the website from other locations, do so of their own volition and are responsible for compliance with applicable local laws.

    Individuals, organizations, and businesses located in countries subject to United States embargoes as well as any person listed on the U.S. Treasury Department's list of Specially Designated Nationals, or listed on U.S. Commerce Department's Table of Denial Order or Entities List may not enter into agreements associated with the Products or Services available from Ultra Technology Limited dba; Berber Corp / UltraTech . By placing your order with Ultra Technology Limited dba; Berber Corp / UltraTech , you acknowledge that you are not such a person, organization or business.
    Hosting Berber Interfirm Online Print Shop and Ultra Technology Limited dba; Berber Corp / UltraTech Business Solutions Agreement

    This Hosting Interfirm Online Print Shop and Ultra Technology Limited dba; Berber Corp / UltraTech Business Solutions Agreement ("Agreement") is between the party placing the order for the Services (as defined below) or on whose behalf such order is placed by its authorized representative (the "Customer") and Ultra Technology Limited dba; Berber Corp / UltraTech . ("Ultra Technology Limited dba; Berber Corp / UltraTech ") governs the hosting, related Internet connectivity and/or other services (including, without limitation, hosting Interfirm Online Print Shop services and Ultra Technology Limited dba; Berber Corp / UltraTech Business Solutions (the "Business Solutions") (collectively, the "Services") specified in the service order form completed by or on behalf of Customer in connection herewith (as the same may be amended and supplemented from time to time by the parties hereto, the "Service Order"), which Service Order is incorporated herein by this reference.

        Ultra Technology Limited dba; Berber Corp / UltraTech shall provide the Services as set forth herein and Customer shall pay the fees for the Services as specified on the Service Order if apply to Customer. Payment is due for the initial term of the Services (as specified on the Service Order) when Customer places the order, and payment is due for each renewal term of the Services on the date specified in the applicable renewal notice from Ultra Technology Limited dba; Berber Corp / UltraTech (each, the "Due Date"). Amounts unpaid after the applicable Due Date shall accrue interest at the lesser of 1.5% per month and the maximum lawful rate ("Interest Rate"). Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to suspend or terminate Services to any account in payment default, which suspension or termination (irrespective of its cause) shall not relieve Customer of its obligation to pay the fees for the Services.

        This Agreement shall be effective as to the parties hereto upon Customer's acceptance of the terms hereof pursuant to the instructions set forth in on-line Services ordering process (the "Effective Date") and shall continue to the Expiration Date (as defined below). Unless (i) earlier terminated in accordance with the terms hereof, (ii) otherwise renewed for a specific renewal term, (iii) Customer has given Ultra Technology Limited dba; Berber Corp / UltraTech written notice of termination within 10 days following the date of Ultra Technology Limited dba; Berber Corp / UltraTech 's renewal notice regarding the Services or (iv) Ultra Technology Limited dba; Berber Corp / UltraTech has given Customer written notice of termination, this Agreement shall renew and continue in effect for a renewal term equivalent in length to the term just ended (unless otherwise requested in writing by Customer) at Ultra Technology Limited dba; Berber Corp / UltraTech 's then-current price for such term length for the Services as set forth in the applicable renewal notice from Ultra Technology Limited dba; Berber Corp / UltraTech . "Expiration Date" means the last day of the service term for which any Services are ordered (as per the applicable Service Order), with such service term being measured for purposes of this definition from the date Ultra Technology Limited dba; Berber Corp / UltraTech first makes the Services available for use by the Customer ("Commencement Date"), as extended by any renewal term. Any notice of termination must be given to Ultra Technology Limited dba; Berber Corp / UltraTech by providing the appropriate data online. A portion of related Services may be terminated upon termination of the underlying agreement between Ultra Technology Limited dba; Berber Corp / UltraTech and the third-party vendor.

        As part of the Services (other than Business Solutions), Ultra Technology Limited dba; Berber Corp / UltraTech provides servers, the associated operating system and other applicable software, equipment used for Internet connectivity, and required space in a Ultra Technology Limited dba; Berber Corp / UltraTech data center (collectively, the "Equipment"). Ultra Technology Limited dba; Berber Corp / UltraTech acts solely as a provider or "reseller" of the Equipment it uses to provide the Services, which have been manufactured or otherwise provided by a third party. Ultra Technology Limited dba; Berber Corp / UltraTech will perform the initial configuration of the Equipment and such maintenance and support Services as are specified on the Service Order. Ultra Technology Limited dba; Berber Corp / UltraTech will occasionally perform maintenance services which Customer acknowledges may require Equipment downtime. Customer shall supply (and shall cause its third-party suppliers to provide) Ultra Technology Limited dba; Berber Corp / UltraTech with such reasonable assistance as Ultra Technology Limited dba; Berber Corp / UltraTech requires to provide the Services. Customer is solely responsible for all other services not specified on the Service Order, which may include, without limitation, the management, administration and support of Customer's software, and the software that is part of the Equipment once it is installed by Ultra Technology Limited dba; Berber Corp / UltraTech .
        Ultra Technology Limited dba; Berber Corp / UltraTech shall have no obligation to provide support and no liability for any interruption or deficiency in the Services resulting from (a) tampering or alteration of the Equipment by persons not authorized, or in a manner not explicitly required, by Ultra Technology Limited dba; Berber Corp / UltraTech or (b) the function or malfunction of hardware or software not supplied by Ultra Technology Limited dba; Berber Corp / UltraTech . Customer shall promptly report all alterations to Equipment or software initiated or implemented by persons not explicitly required by Ultra Technology Limited dba; Berber Corp / UltraTech and shall promptly implement any corrective procedures required by Ultra Technology Limited dba; Berber Corp / UltraTech . Ultra Technology Limited dba; Berber Corp / UltraTech exercises no control over, and specifically rejects any responsibility for, the content, accuracy or quality of information passing or obtained through or resident on the Equipment. Use of any information obtained via the Equipment is strictly at Customer's own risk.
        In connection with the capitalized services, Ultra Technology Limited dba; Berber Corp / UltraTech may provide certain limited customer information to its third-party provider.
        Customer and those using the Services through Customer shall at all times comply with the then-current version of Ultra Technology Limited dba; Berber Corp / UltraTech 's Acceptable Use Policy specified at www.berber.com ("AUP"), which is incorporated into and made a part of this Agreement. Ultra Technology Limited dba; Berber Corp / UltraTech may amend the AUP from time to time, which amendments shall be effective upon their posting at such website. Ultra Technology Limited dba; Berber Corp / UltraTech may take any of the preventative or corrective actions specified in the AUP, up to and including suspension of the Services or termination of the Agreement, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services. Customer acknowledges and agrees that Ultra Technology Limited dba; Berber Corp / UltraTech will provision the Services hereunder subject to its Privacy Policy, as amended from time to time, a copy of which is available at www.Printograph.com. Because Ultra Technology Limited dba; Berber Corp / UltraTech acts only as a conduit for transmission of data, it is not subject to the Gramm-Leach-Bliley Act (as per 16 C.F.R. §314.2(d)); Customer is solely responsible for complying with such statutes, rules and regulations.
        Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to monitor Customer's bandwidth and/or disk usage and to utilize technology to limit such usage to ordered amounts and/or to charge Customer for any excessive usage. Ultra Technology Limited dba; Berber Corp / UltraTech further reserves the right to suspend access to Customer's website, script or other application in the event Ultra Technology Limited dba; Berber Corp / UltraTech reasonably believes that such website, script or other application is the cause of interruptions in Ultra Technology Limited dba; Berber Corp / UltraTech 's ability to provide services to other customers, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services. In the event of any such suspension, Ultra Technology Limited dba; Berber Corp / UltraTech will notify Customer as soon as practicable so that Customer may take remedial action in order to regain access to its website, script or other application. Customer acknowledges and agrees that in an effort to control spam (i) Ultra Technology Limited dba; Berber Corp / UltraTech may utilize certain technologies to block incoming and outgoing email which Ultra Technology Limited dba; Berber Corp / UltraTech determines, in its sole discretion, may be spam, (ii) Ultra Technology Limited dba; Berber Corp / UltraTech servers will not accept connections from unsecured systems (including, without limitation, open relays, open proxies, open routers or any other system that has been determined to be available for unauthorized use (iii) Ultra Technology Limited dba; Berber Corp / UltraTech may, in its sole discretion, reject connections from systems that use dynamically assigned or residential IP addresses, and (iv) Ultra Technology Limited dba; Berber Corp / UltraTech may, in its sole discretion, reject connections from any IP address that does not have reverse DNS (a PTR record).
        ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR EQUIPMENT; AND DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, changes in law, regulation or government policy, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or any other such occurrences. Either party may terminate this Agreement if the failure or delay of performance caused by such event of force majeure continues for a continuous period of 10 business days.
        IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, DATA OR USE OF SERVICES BY CUSTOMER OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.
        Any URL addresses assigned to Customer by Ultra Technology Limited dba; Berber Corp / UltraTech in connection with the Services (i) shall be used only in connection with the Services and (ii) will require Ultra Technology Limited dba; Berber Corp / UltraTech to disclose certain Customer contact information to the applicable registry for Broker Online Store. On the termination of this agreement, your right to use such URLs shall terminate without your receipt of any compensation for the same. Ultra Technology Limited dba; Berber Corp / UltraTech may change the URL Addresses.
        Notwithstanding anything in this terms of use to the contrary, Ultra Technology Limited dba; Berber Corp / UltraTech shall exclusively own the URLs used in connection with Customer's Interfirm website.
        If Customer wishes to change domain name, a domain name change application must be submitted along with a business license verifying the new business name. A non-refundable processing fee of $250 must be paid by Customer to Ultra Technology Limited dba; Berber Corp / UltraTech , after which we will review the documentation and the name change. Ultra Technology Limited dba; Berber Corp / UltraTech must approve of the new domain name before changing the domain name.
        If Customer chooses to forward or mask their domain name, have more than one Interfirm account, have several different names for one Interfirm account, or change their domain name without notifying Ultra Technology Limited dba; Berber Corp / UltraTech , we will close Customer's account without any prior notice.
        Customer acknowledges that all right, title and interest in any and all technology, including the software, that is part of or provided with the Services and any trademarks or service marks of Ultra Technology Limited dba; Berber Corp / UltraTech or third parties utilized in connection with the Services (collectively, "Ultra Technology Limited dba; Berber Corp / UltraTech Intellectual Property") are vested in Ultra Technology Limited dba; Berber Corp / UltraTech and/or in Ultra Technology Limited dba; Berber Corp / UltraTech 's licensors. Unless otherwise specifically provided in this Agreement, Customer shall have no right, title, claims or interest in or to the Ultra Technology Limited dba; Berber Corp / UltraTech Intellectual Property. Customer may not copy, modify or translate the Ultra Technology Limited dba; Berber Corp / UltraTech Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the Ultra Technology Limited dba; Berber Corp / UltraTech Intellectual Property, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Ultra Technology Limited dba; Berber Corp / UltraTech may not use Customer's name, trademarks, trade names or other proprietary identifying symbols without the prior written consent of Customer, except that, unless otherwise specified on the Service Order, Ultra Technology Limited dba; Berber Corp / UltraTech may use Customer's name on a list of sample customers for marketing purposes.
        This Agreement shall be binding upon and inure to the benefit of Customer, Ultra Technology Limited dba; Berber Corp / UltraTech and Ultra Technology Limited dba; Berber Corp / UltraTech 's successors and assigns. Customer may not assign this Agreement without the prior written consent of Ultra Technology Limited dba; Berber Corp / UltraTech , which consent will not be unreasonably withheld or delayed.
        The validity, interpretation, enforceability and performance of this agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts or choice of laws.
        This Agreement may not be amended by Customer except upon the written consent of Customer and an officer of Ultra Technology Limited dba; Berber Corp / UltraTech . Customer agrees that (i) this Agreement may be amended by Ultra Technology Limited dba; Berber Corp / UltraTech from time to time and (ii) any such amendments will be binding and effective immediately upon Ultra Technology Limited dba; Berber Corp / UltraTech 's notification to Customer via (i) an email to Customer's current contact information in Ultra Technology Limited dba; Berber Corp / UltraTech 's records or (ii) via Customer's Control Panel for the Services, if applicable. The continued use of any Services shall constitute Customer's acceptance of any such amendments. IF CUSTOMER DOES NOT ACCEPT ANY SUCH AMENDMENTS, CUSTOMER'S SOLE REMEDY SHALL BE TO REQUEST THAT THE AFFECTED SERVICES BE DISCONTINUED, AND THAT THE INTERFIRM SUBDOMAIN NAME REGISTRATION BE CANCELED OR TRANSFERRED TO A DIFFERENT INTERFIRM SUBDOMAIN NAME REGISTRAR. In order to request the discontinuance of affected Services, Customer must (i) send a cancellation request to interfirm@interfirm.com within 10 days of the date the email is sent by Ultra Technology Limited dba; Berber Corp / UltraTech or the date notification is posted on Customer's Control Panel, and (ii) pay all accrued but unpaid fees for the Services rendered to the date of cancellation.
        All notices from Ultra Technology Limited dba; Berber Corp / UltraTech shall be deemed received by Customer when sent by Ultra Technology Limited dba; Berber Corp / UltraTech to Customer's current email contact on record or posted on Customer's Control Panel. Customer is solely responsible for ensuring that their contact information is kept up to date.
        Customer consents to Ultra Technology Limited dba; Berber Corp / UltraTech 's activation of a default "Welcome Page" which may appear when an Internet user requests Customer's registered Interfirm subdomain name or website. This Welcome Page welcomes the user to Customer's temporary home page and may link to Ultra Technology Limited dba; Berber Corp / UltraTech websites, advertising and/or Internet search tools. The Welcome Page may appear unless and until Customer posts Customer's own content or changes the Welcome Page via the account's Control Panel.
        Customer must provide and regularly update the “About Us” section on their Interfirm website with relevant information about Customer's business, including background history.
        Customer must not transfer their account to anyone without first getting written permission from Ultra Technology Limited dba; Berber Corp / UltraTech .
        Customer may not have more than one Interfirm Broker account/Interfirm Online Store. If we find that a Customer has more than one Interfirm Broker account, we will immediately close both Interfirm Broker accounts and the Online Stores without any prior notice.
        Customer must not provide any false information, or create an account for anyone other than Customer without permission.
        Customer must continue to place a high volume of Broker orders under Customer's Broker account as reasonably determined by Ultra Technology Limited dba; Berber Corp / UltraTech .
        If Customer chooses to sign up for the Interfirm Broker account by paying the $1000 setup fee, Customer must understand and agree that this is a non-refundable fee that supports the administrative and maintenance costs for Customer's Interfirm website. This fee will not be refunded, even if Ultra Technology Limited dba; Berber Corp / UltraTech closes Customer's account at any time.
        There is a minimum requirement of orders for maintaining the Interfirm Site. Customer will need to have at least 20 orders per month to keep the account active. Once the Interfirm Site has been activated, Ultra Technology Limited dba; Berber Corp / UltraTech will give Customer a three-month setup period to make the necessary upgrades and maintenance to the Interfirm Site. For this period only, Customer can take the time to make the necessary changes and will not have to meet any minimum order requirements. After this period however, Ultra Technology Limited dba; Berber Corp / UltraTech will review the account, and if there is no activity, Ultra Technology Limited dba; Berber Corp / UltraTech will send Customer a warning email. If Customer continues to have no activity on the account, or if Customer continues to not meet the requirements, Ultra Technology Limited dba; Berber Corp / UltraTech will close the account.
        If Customer has a pending order, they will receive a warning. After this warning, Ultra Technology Limited dba; Berber Corp / UltraTech will check again in two weeks, and if the order is still pending, Ultra Technology Limited dba; Berber Corp / UltraTech will cancel the order. Upon three such cancellations, Ultra Technology Limited dba; Berber Corp / UltraTech shall have the right to cancel Customer's Interfirm account and website altogether without any further notice.
        If Ultra Technology Limited dba; Berber Corp / UltraTech notices that the Customer's Broker account is inactive, Ultra Technology Limited dba; Berber Corp / UltraTech will allow Customer a 60-day grace period for Customer to maintain their account and ensure there is activity on the account. If the Broker still does not have an active account after 60 days, Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to cancel the Broker's Interfirm account and website without any further notice.
        Ultra Technology Limited dba; Berber Corp / UltraTech will not purposely solicit Customer's customers through the database or via the information that is received from Customer. However, Ultra Technology Limited dba; Berber Corp / UltraTech cannot control nor prevent Customer's customers from receiving information about GotPrint through other sources or means, including mass direct mail advertisements that are sent by GotPrint, online advertisements, etc. If Customer's customer chooses to open a Broker account, and is eligible to do so, Ultra Technology Limited dba; Berber Corp / UltraTech cannot prevent him/her from joining the program. Ultra Technology Limited dba; Berber Corp / UltraTech will not assume any responsibility if Customer's customers become aware of GotPrint, or hear about the Broker program; it is Customer's responsibility as the Broker to ensure that customers remain unaware of GotPrint/Printograph Inc.
        Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to accept any Broker that Ultra Technology Limited dba; Berber Corp / UltraTech sees fit into the Interfirm program, regardless of the Broker's proximity to other Interfirm Brokers. Ultra Technology Limited dba; Berber Corp / UltraTech cannot guarantee that these Brokers will not be located close to any of the other Interfirm Brokers.
        Interfirm Brokers cannot use their website for orders of their company or any principal of their company. All orders placed through their Interfirm website must be for the Broker's customers. If Ultra Technology Limited dba; Berber Corp / UltraTech notices that Customer is placing orders through the Broker's Interfirm website for their own personal use, Ultra Technology Limited dba; Berber Corp / UltraTech has the right to cancel Customer's Interfirm account and website without notice, and will charge Customer an extra fee up to $25 for each personal order placed under the Interfirm account.
        Customer is not allowed to sell anything directly on the Interfirm website other than GotPrint/Printograph Inc. products. Customer may have one or more links on the Interfirm website that direct users to another website where the Customer's clients can place orders and purchase products that are not provided by Ultra Technology Limited dba; Berber Corp / UltraTech
        Customer may not use any of Ultra Technology Limited dba; Berber Corp / UltraTech 's graphics and/or images on the Interfirm website, other than the ones that are expressly provided for Customer on the Interfirm website. Ultra Technology Limited dba; Berber Corp / UltraTech shall remain the sole owner of all rights associated with such graphics and images.
        Customer grants Ultra Technology Limited dba; Berber Corp / UltraTech the right to test Customer's Interfirm website regularly.
        Customer's markup prices must be at least 5-20% higher than those offered by GotPrint.com retail pricing.
        Initially, the creation and hosting of Customer's Interfirm website will be provided free of charge. Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to charge for the hosting of Customer's Interfirm website, and/or any of Ultra Technology Limited dba; Berber Corp / UltraTech 's services that are provided to Customer in connection with the same. Ultra Technology Limited dba; Berber Corp / UltraTech will inform Customer of such charge(s) by providing Customer with at least fifteen (15) days advanced email notice. Customer will have the option to cancel their Interfirm website prior to the end of the notice period by providing Ultra Technology Limited dba; Berber Corp / UltraTech with an email notice of cancellation. The cancellation shall be effective on the date of Customer's email. If Customer fails to cancel during such period, the charges shall commence thereafter and be due and owing as reflected in the notice.
        In addition, Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to change any charges for the hosting of Customer's Interfirm website and/or services by following the procedure set forth in the previous paragraph.
        Ultra Technology Limited dba; Berber Corp / UltraTech is not responsible for informing Customer of any fees, payments, or penalties resulting from using a third-party service such as Paypal, Authorize.net, etc. Customer will be solely responsible for determining any such fees, charges, payments, and/or penalties and for the payment of all such amounts.
        Customer agrees that their affiliation with Ultra Technology Limited dba; Berber Corp / UltraTech , and the terms and conditions are confidential. Customer will keep in confidence their affiliation with Ultra Technology Limited dba; Berber Corp / UltraTech , and the terms and conditions set forth herein.
        Customer may not use GotPrint/Printograph Inc.'s logos or mention GotPrint/Printograph anywhere on the Interfirm website.
        Customer agrees that Customer's clients cannot enter any of GotPrint/Printograph Inc.'s premises to pick up orders, nor contact Ultra Technology Limited dba; Berber Corp / UltraTech in any way, including but not limited to calling and emailing Ultra Technology Limited dba; Berber Corp / UltraTech .
        Upon termination of this agreement, Customer will destroy or return any proprietary information in Customer's possession.
        These confidentiality provisions shall survive the termination of this agreement.
        Notwithstanding anything in this agreement to the contrary, Ultra Technology Limited dba; Berber Corp / UltraTech , in its sole discretion, reserves the right to terminate Customer's participation in the Interfirm program and to shut down Customer's Interfirm website at any time without any prior notice.
        Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to refuse service to anyone Ultra Technology Limited dba; Berber Corp / UltraTech deems not suitable for the Interfirm program.
        Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right in its sole discretion to terminate the Interfirm program in its entirety within fifteen (15) days advance email notice.
        Throughout the term of this agreement, Customer shall be solely responsible for checking for any such updates to the terms and conditions and for the other notices referenced in this agreement.
        Customer will resolve any claim, cause of action or dispute (“claim”) Customer has with Ultra Technology Limited dba; Berber Corp / UltraTech arising out of, or relating to, this agreement exclusively in a state or federal court located in Los Angeles County. The laws of the State of California will govern this agreement, as well as any claim that might arise between Customer and Ultra Technology Limited dba; Berber Corp / UltraTech , without regard to conflict of law provisions. Customer agrees to submit to the personal jurisdiction of the courts located in Los Angeles County, California for the purpose of litigating all such claims.
        If anyone brings a claim against Ultra Technology Limited dba; Berber Corp / UltraTech related to Customer's actions, content or information on Customer's Interfirm website, Customer will indemnify and hold Ultra Technology Limited dba; Berber Corp / UltraTech and its affiliates harmless from and against all claims, causes of action, damages, losses, and expenses of any kind (including reasonable legal fees and costs), arising out of or relating to use by or through Customer of the Services in any way, including any breach of the AUP.
        ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH TRIES TO KEEP CUSTOMER'S INTERFIRM WEBSITE UP, BUG-FREE, AND SAFE, BUT CUSTOMER AND CUSTOMER'S CLIENTS WILL USE IT AT THEIR OWN RISK. ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH IS PROVIDING INTERFIRM WEBSITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH DOES NOT GUARANTEE THAT INTERFIRM WEBSITE WILL BE SAFE OR SECURE. IF CUSTOMER IS A CALIFORNIA RESIDENT, CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH WILL NOT BE LIABLE TO CUSTOMER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE INTERFIRM WEBSITE, EVEN IF ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
        This Agreement (including the Service Order(s) to which it relates) supersedes all previous and contemporaneous written and oral representations, understandings or agreements related to the Services set forth on the related Service Order(s). The terms of this Agreement shall control inconsistencies between this Agreement and any Service Order. The rights and obligations in this Agreement of the Parties which would be, by their nature or content, intended to survive the expiration or termination of this Agreement shall so survive. It is the explicit intention of the Parties that there are no third-party beneficiaries to this Agreement. No failure or delay on the part of either party to exercise, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law. No determination by a court of competent jurisdiction that any term or provision of this Agreement is invalid or otherwise unenforceable shall operate to invalidate or render unenforceable any other term or provision of this Agreement and all remaining provisions shall be enforced in accordance with their terms. This Agreement may be modified by Ultra Technology Limited dba; Berber Corp / UltraTech at any time.
            Change of Ownership. If Customer wishes to transfer any URL Addresses to another person or entity, Customer may request ownership transfer services by requesting an Interfirm subdomain name ownership transfer by sending an email to interfirm@interfirm.com. Customer acknowledges and agrees that as a condition of any such transfer of ownership, the entity to which the Interfirm subdomain name is transferred shall agree to be bound by all terms and conditions herein, the Dispute Policy and its accompanying rules and procedures, and all then-current Ultra Technology Limited dba; Berber Corp / UltraTech policies relating to Interfirm subdomain name registration, including payment of fees for the Interfirm subdomain name assessed by Ultra Technology Limited dba; Berber Corp / UltraTech .
            Breach and Revocation. Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to suspend, cancel, transfer or modify any Interfirm subdomain name registration immediately: (i) in the event Customer breaches any provision of this Agreement (including the Dispute Policy); (ii) as required or permitted by the Dispute Policy or any registry policy or procedure; (iii) to correct any errors of any other registrar or the registry administrator; (iv) in order to resolve disputes concerning the Interfirm subdomain name; or (v) in response to an order from a court of competent jurisdiction, or arbitration award.
            Interfirm Subdomain Name Search Process. Ultra Technology Limited dba; Berber Corp / UltraTech endeavors to make the Interfirm subdomain name availability search process reliable; however, Ultra Technology Limited dba; Berber Corp / UltraTech does not guarantee availability of Interfirm subdomain names or the accuracy or security of the system. The registration process is not complete until the Interfirm subdomain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of an Interfirm subdomain name with the appropriate registry, Ultra Technology Limited dba; Berber Corp / UltraTech is not responsible if Interfirm subdomain names requested by Customer are actually registered to third parties.
            Disclaimer of Liability. To the extent permitted by law, Customer agrees that neither Ultra Technology Limited dba; Berber Corp / UltraTech nor any of their respective suppliers or service providers, has any liability to Customer for any loss Customer may incur in connection with the processing of any registration or the transfer thereof to another registrar, or the processing of any authorized modification to the Interfirm subdomain name's record during the covered period, or the failure by the Customer's agent to pay either the registration fee or renewal fee, or as a result of the application of the provisions of the Dispute Policy.
            Indemnity. In addition to any indemnification obligation that Customer may owe to Ultra Technology Limited dba; Berber Corp / UltraTech hereunder, Customer agrees to indemnify, keep indemnified and hold any registry administrator, and their respective directors, officers, employees and agents, harmless from and against all and any claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Customer's Interfirm subdomain name registration or to Customer's use of the Interfirm subdomain name.
        CUSTOMER AGREES THAT THE INTERFIRM SUBDOMAIN NAME REGISTRATION SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH AND EACH OF ITS RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH AND EACH OF ITS RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT THE INTERFIRM SUBDOMAIN NAME REGISTRATION SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH OR ANY OF ITS RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE REGISTRATION SERVICES. WITHOUT ANY LIMITATION TO THE FOREGOING, ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH AND EACH OF ITS RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF AN INTERFIRM SUBDOMAIN NAME UNDER THIS AGREEMENT WILL PROTECT CUSTOMER EITHER FROM CHALLENGES TO ANY INTERFIRM SUBDOMAIN NAME REGISTRATION OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE INTERFIRM SUBDOMAIN NAME REGISTERED TO CUSTOMER.
        NEITHER ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH NOR ANY OF ITS RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
 
        Ultra Technology Limited dba; Berber Corp / UltraTech 's suppliers and service providers are hereby named as express third-party beneficiaries with respect to any limitations on liability, disclaimers, indemnities, and other provisions that may limit any obligation that might otherwise be owed to Customer contained herein.
        THE PARTY ACCEPTING THE TERMS OF THIS AGREEMENT IN ACCORDANCE WITH THE INSTRUCTIONS SET FORTH AT THE WEBSITE FROM WHICH THE SERVICES ARE ORDERED REPRESENTS AND WARRANTS THAT (I) IT IS A DULY AUTHORIZED REPRESENTATIVE OF CUSTOMER WITH FULL LEGAL AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT AS OF THE EFFECTIVE DATE AND (II) NEITHER IT NOR CUSTOMER IS (A) LOCATED IN A COUNTRY SUBJECT TO U.S. EMBARGOES (B) LISTED ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS, OR (C) LISTED ON THE U.S. COMMERCE DEPARTMENT'S DENIED PERSONS OR ENTITIES LISTS.
    Ultra Technology Limited dba; Berber Corp / UltraTech Business Solutions Terms
    Ultra Technology Limited dba; Berber Corp / UltraTech Business Solutions constitutes the combined suite of solutions.
    CUSTOMER AGREES THAT THE SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH AND EACH OF ITS RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH AND EACH OF ITS RESPECTIVE SUPPLIERS AND SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR- FREE; NOR DOES ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH OR ANY OF ITS RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES.
    NEITHER ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH NOR ANY OF ITS RESPECTIVE SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
    THE PARTY ACCEPTING THE TERMS OF THIS AGREEMENT IN ACCORDANCE WITH THE INSTRUCTIONS SET FORTH AT THE WEBSITE FROM WHICH THE SERVICES ARE ORDERED REPRESENTS AND WARRANTS THAT (I) IT IS A DULY AUTHORIZED REPRESENTATIVE OF CUSTOMER WITH FULL LEGAL AUTHORITY TO BIND CUSTOMER TO THIS AGREEMENT AS OF THE EFFECTIVE DATE AND (II) NEITHER IT NOR CUSTOMER IS (A) LOCATED IN A COUNTRY SUBJECT TO U.S. EMBARGOES, (B) LISTED ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS, OR (C) LISTED ON THE U.S. COMMERCE DEPARTMENT'S DENIED PERSONS OR ENTITIES LISTS.
        Force Majeure, Limitation of Liability:
            Force Majeure. Except for the payment of fees, neither party shall be in breach of this Agreement due to failure of performance that arises out of causes beyond its reasonable control.
            Disclaimer of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ULTRA TECHNOLOGY LIMITED DBA; BERBER CORP / ULTRATECH BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (A) THE TECHNOLOGY OR THE SERVICES, (B) ANY INTERRUPTION OF USE OF THE TECHNOLOGY OR THE SERVICE OR (C) FOR LOSS, INACCURACY OR CORRUPTION OF CUSTOMER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
        General:
        Customer agrees and certifies that neither the Ultra Technology Limited dba; Berber Corp / UltraTech Technology nor any other technical data received from Ultra Technology Limited dba; Berber Corp / UltraTech , nor the direct product thereof, will be exported outside the United States or re-exported except as authorized and as permitted by the laws and regulations of the United States and/or the laws and regulations of the jurisdiction, (if other than the United States) in which Customer rightfully obtained access to the Service. Except as expressly provided herein, Customer may not assign its rights or delegate its obligations under this Agreement, without the prior written consent of Ultra Technology Limited dba; Berber Corp / UltraTech . This Agreement will be governed by and construed in accordance with the laws of the State of California and the federal U.S. laws applicable therein, excluding its conflicts of law provisions, and Customer and Ultra Technology Limited dba; Berber Corp / UltraTech agree to submit to the personal and exclusive jurisdiction of the courts located in Los Angeles County, California. The parties agree the United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this Agreement is found void and unenforceable, it will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision. This Agreement, and the documents referenced in this Agreement, constitutes the entire agreement between Customer and Ultra Technology Limited dba; Berber Corp / UltraTech relating to its subject matter and all terms herein supercedes all prior or contemporaneous agreements or understandings. Notices regarding the Service in general may be given by electronic mail to Customer's e-mail address on record with Ultra Technology Limited dba; Berber Corp / UltraTech and such notice shall be deemed to have been delivered twelve (12) hours after sending.
    Acceptable Usage Policy
        As a provider of online printing store, web site hosting, and other Internet-related services, Ultra Technology Limited dba; Berber Corp / UltraTech offers its customers (also known as Interfirm Broker), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Ultra Technology Limited dba; Berber Corp / UltraTech respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Ultra Technology Limited dba; Berber Corp / UltraTech has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Ultra Technology Limited dba; Berber Corp / UltraTech 's services. This AUP will be revised from time to time. A customer's use of Ultra Technology Limited dba; Berber Corp / UltraTech 's services after changes to the AUP are posted on Ultra Technology Limited dba; Berber Corp / UltraTech 's web site, www.printograph.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
        One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Ultra Technology Limited dba; Berber Corp / UltraTech cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Ultra Technology Limited dba; Berber Corp / UltraTech cannot monitor or censor the Internet, and will not attempt to do so, Ultra Technology Limited dba; Berber Corp / UltraTech cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
        When subscribers disseminate information through the Internet, they also must keep in mind that Ultra Technology Limited dba; Berber Corp / UltraTech does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Ultra Technology Limited dba; Berber Corp / UltraTech 's network and may reach a large number of people, including both subscribers and nonsubscribers of Ultra Technology Limited dba; Berber Corp / UltraTech , subscribers' postings to the Internet may affect other subscribers and may harm Ultra Technology Limited dba; Berber Corp / UltraTech 's goodwill, business reputation, and operations. For these reasons, subscribers violate Ultra Technology Limited dba; Berber Corp / UltraTech policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
            Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Ultra Technology Limited dba; Berber Corp / UltraTech is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Ultra Technology Limited dba; Berber Corp / UltraTech 's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
            Obscene Speech or Materials – Using Ultra Technology Limited dba; Berber Corp / UltraTech 's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Ultra Technology Limited dba; Berber Corp / UltraTech is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Ultra Technology Limited dba; Berber Corp / UltraTech 's network.
            Defamatory or Abusive Language – Using Ultra Technology Limited dba; Berber Corp / UltraTech 's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
            Forging of Headers – Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
            Illegal or Unauthorized Access to Other Computers or Networks – Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
            Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
            Facilitating a Violation of this AUP – Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
            Export Control Violations – Exporting encryption software over the Internet or otherwise, to points outside the United States.
            Usenet Groups – Ultra Technology Limited dba; Berber Corp / UltraTech reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
            Other Illegal Activities – Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
            Other Activities – Engaging in activities, whether lawful or unlawful, that Ultra Technology Limited dba; Berber Corp / UltraTech determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Ultra Technology Limited dba; Berber Corp / UltraTech will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Ultra Technology Limited dba; Berber Corp / UltraTech policy or applicable law. When Ultra Technology Limited dba; Berber Corp / UltraTech becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Ultra Technology Limited dba; Berber Corp / UltraTech also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Ultra Technology Limited dba; Berber Corp / UltraTech 's facilities from those subscribers may have originated from a customer of the subscriber or from another third party. Ultra Technology Limited dba; Berber Corp / UltraTech does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Ultra Technology Limited dba; Berber Corp / UltraTech has the right to directly take action against a customer of a subscriber. Also, Ultra Technology Limited dba; Berber Corp / UltraTech may take action against the Ultra Technology Limited dba; Berber Corp / UltraTech subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Ultra Technology Limited dba; Berber Corp / UltraTech anticipates that subscribers who offer Internet services will cooperate with Ultra Technology Limited dba; Berber Corp / UltraTech in any corrective or preventive action that Ultra Technology Limited dba; Berber Corp / UltraTech deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Ultra Technology Limited dba; Berber Corp / UltraTech policy.
Ultra Technology Limited dba; Berber Corp / UltraTech also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Ultra Technology Limited dba; Berber Corp / UltraTech urges its subscribers to assume that all of their on-line communications are insecure. Ultra Technology Limited dba; Berber Corp / UltraTech cannot take any responsibility for the security of information transmitted over Ultra Technology Limited dba; Berber Corp / UltraTech 's facilities.
Ultra Technology Limited dba; Berber Corp / UltraTech may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Ultra Technology Limited dba; Berber Corp / UltraTech may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Ultra Technology Limited dba; Berber Corp / UltraTech assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Ultra Technology Limited dba; Berber Corp / UltraTech may disclose subscriber information or information transmitted over its network where necessary to protect Ultra Technology Limited dba; Berber Corp / UltraTech and others from harm, or where such disclosure is necessary for the proper operation of the system.
Ultra Technology Limited dba; Berber Corp / UltraTech expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Ultra Technology Limited dba; Berber Corp / UltraTech policy. Finally, Ultra Technology Limited dba; Berber Corp / UltraTech wishes to emphasize that in signing the service agreement, subscribers indemnify Ultra Technology Limited dba; Berber Corp / UltraTech for any violation of the service agreement, law, or Ultra Technology Limited dba; Berber Corp / UltraTech policy, that results in loss to Ultra Technology Limited dba; Berber Corp / UltraTech or the bringing of any claim against Ultra Technology Limited dba; Berber Corp / UltraTech by any third party. This means that if Ultra Technology Limited dba; Berber Corp / UltraTech is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Ultra Technology Limited dba; Berber Corp / UltraTech , plus costs and reasonable attorneys' fees.
I consent to the use of this electronic method of contract acceptance under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN); and I have read and agree to the terms and conditions in Ultra Technology Limited dba; Berber Corp / UltraTech 's Terms and Conditions

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