If you are signing your contract after 12/09/2002 you must use this contract,
all previous versions will not be accepted.
CONTRACT FOR RESIDENTS OF THE USA
Print this contract. Be sure to notorize it, and initial
each and every page. Be sure to review the check
list I sent you and include each item on that list.
If you have already paid $97.00 to us to allow us to
ship your seminar, you do not need to send any more
money with this contract.
Mail this to:
P.E.E.L. Inc. PO Box 307308, Gahanna, Ohio 43230
For express deliveries our street address is
P.E.E.L. Inc. 136 N. Hamilton Road, Gahanna, Ohio 43230
BE SURE TO COMPLETE THIS CHECKLIST:
____ Have you included a readable photo copy of your
drivers license or state id in the return envelope?
____ Have you included a readable photo copy of a
utility bill or telephone bill in your name and with
the address of your residence, (not a PO box),in the
return envelope?
____ Did you sign the contract?
____ Did you have the contract notarized?
____ Did you write your social security number on the
contract?
____ Did you write your drivers license number on the
contract?
____ Did you write the state of your drivers license
on the contract?
____ Did you write your mothers maiden name on the
contract?
____ Did you print your name on the first and last pages
of the contract?
____ Did you write your mailing address on the first page
of the contract?
____ IMPORTANT: Did you initial each page of the contract?
____Did you either make the 1st payment for $97.00 with
with paypal, credit card or our online electronic check,
or include a check or money order to send with this contract?
The $97.00 is your first monthly payment due the date you
notarize this contract. Your second monthly payment of
$97.00 will be due 30 days after the date of this contract.
_____ Did you complete the auto-debit form for your monthly
$97.00 payment? If not fill it out then print it at:
http://www.sellinternetaccess.com/autodebitform.html
CONTRACTOR AGREEMENT
Part I:
This Contractor Agreement establishes a contractual
relationship between "People for Extending Earths Life Inc
and Timothy L. Drobnick Sr. " hereinafter P.E.E.L. Inc.
and its officers and directors, having its principal
place of business at 136 N. Hamilton Road, Gahanna, OH
43230, and you,
_____________________________________________________,
(Print your full name on line above)
Hereinafter Contractor, and your officers and directors and
having your principal place of business at
_____________________________________________________.
(Print your mailing address on line above).
By becoming a party, you agree to the terms and conditions
outlined in this agreement. This agreement represents the
only agreement between the parties unless specifically
stated otherwise. Definition of terms used in this contract.
When P.E.E.L. Inc. uses the term "website" this refers
only to hard drive space on P.E.E.L. Inc.'s server and
accessibility for Contractors clients to use that space.
When P.E.E.L. Inc. uses the term "Domain Name" this
refers to a unique internet address that is assigned by an
internet registrar such as NetworkSolutions.com.
When P.E.E.L. Inc. uses the term "Email" this refers to
a service allowing a client to send and receive electronic
communications over the internet using an address based on
their domain name.
When P.E.E.L. Inc. uses the term "Hard-Drive space" this
refers to actual space on our server.
When P.E.E.L. Inc. refers to "server" this refers to our
computer with linux OS that allows clients to publish
content to the internet public via their website.
When P.E.E.L. Inc. refers to "Contractors clients" this
refers to any customer, entity, or person that Contractor
agrees to service using P.E.E.L. Inc.s servers.
When P.E.E.L. Inc. uses the term "main account" or
"main webhosting account" this refers to a set of
limits of hard drive space, mysql databases, email
addresses, email autoresponders, subdomains, ftp
accounts, and bandwidth usage. Typically each client
of Contractor would be assigned one "main account."
When P.E.E.L. Inc. uses the term "secondary account"
or "secondary webhosting account" this refers to a set
of limits of hard drive space, mysql databases, email
addresses, email autoresponders, subdomains, ftp accounts,
and bandwidth usage. There can be many "secondary accounts"
assigned to a "main acount" Typically if Contractor assigns
a client 5 webhosting accounts 1 would be a "main account"
and 4 would be "secondary accounts."
II. Obligations of P.E.E.L. Inc.
P.E.E.L. Inc. will provide wholesale hard drive space on
our server, and email services for Contractor.
P.E.E.L. Inc. agrees to provide these services listed
below:
A. As long as Contractor upholds this contract P.E.E.L. Inc.
will provide free to Contractor 75 accounts, (32 main webhosting
accounts and 43 webhosting secondary accounts) with 3200 megs
of hard-drive space and 50 gigs of monthly bandwidth transfer.
The Contractor will be charged for all accounts active
on the 1st of each month by P.E.E.L. Inc. Contractor may
cancel any account from Contractors reseller control panel
and not be charged the monthly fee for said account as
long as Contractor deletes the account(s) from P.E.E.L. Inc's
server before the 1st of the month and submits a trouble
ticket with notice to cancel before the 1st of the month
at http://support.peel.com
Contractor may also purchase unlimited amounts of
these accounts:
Package A:
24 accounts, (10 main accounts plus 14 secondary accounts) with 1100 megs
of disk space and 20 gigs of monthly bandwidth transfer for
$30.00 per month. Contractor will be allowed up to
500 mysql databases, unlimited email addresses,
unlimited email autoresponders, unlimited subdomains,
and unlimited ftp accounts. The contractor may choose
how Contractor divides the alloted hard drive space,
bandwidth usage, MySQL databases, email addresses,
autoresponders, subdomains, and ftp accounts among
each account.
Package B:
52 accounts, (22 main accounts plus 30 secondary accounts) with 2200 megs
of disk space and 50 gigs of monthly bandwidth transfer for
$60.00 per month. Contractor will be allowed up to
1000 mysql databases, unlimited email addresses,
unlimited email autoresponders, unlimited subdomains,
and unlimited ftp accounts. The contractor may choose
how Contractor divides the alloted hard drive space,
bandwidth usage, MySQL databases, email addresses,
autoresponders, subdomains, and ftp accounts among
each account.
Package C:
104 accounts, (44 main accounts plus 60 secondary accounts) with 4400 megs
of disk space and 100 gigs of monthly bandwidth transfer for
$110.00 per month. Contractor will be allowed up to
2000 mysql databases, unlimited email addresses,
unlimited email autoresponders, unlimited subdomains,
and unlimited ftp accounts. The contractor may choose
how Contractor divides the alloted hard drive space,
bandwidth usage, MySQL databases, email addresses,
autoresponders, subdomains, and ftp accounts among
each account.
Package D:
Unlimited accounts with 20 gigs of disk space, 30 gigs of
monthly bandwidth transfer plus unlimited amounts of bandwidth
for $2.96 per gig for $375.00 per month. Contractor
will be allowed unlimited mysql databases, unlimited
email addresses, unlimited email autoresponders,
unlimited subdomains, and unlimited ftp accounts.
The contractor may choose how Contractor divides the
alloted hard drive space, bandwidth usage, MySQL
databases, email addresses, autoresponders,
subdomains, and ftp accounts among each account.
This package lowers your cost of bandwidth down to $2.96 per
gig. and you will be the only person using this server.
Please note: I do not recommend you run more than 300
accounts on this package. However, since you will be the only
person on this server install as many as you like. Just be warned
that if you start slamming a lot more than 300 accounts on here
you will have more server problems.
B. Policy of bandwidth. P.E.E.L. Inc. will charge contractor
$0.006 per meg of excess monthly bandwidth beyond the free
amount of bandwidth included with packages A, B, and C. or
$0.003 per meg of excess monthly bandwidth used if on
package D or a dedicated server.
Contractor has the ability to easily control the bandwidth
Contractor's client's uses so there is no risk of
Contractor's client's using more than Contractor allows.
Contractor understands that the bandwidth monitor on shared
servers inside the control panel provided is only a guideline
and is typically only about 10% to 20% of the actual bandwidth
being used. The technology of the web based monitor is not
accurate enough to measure the actual bandwidth transfer of the
server. True bandwidth will be monitored from the root server
bandwidth monitor, (which can be provided to the Contractor upon
request). Example: If the root bandwidth monitor shows 10 gigs
used and the control panel monitor shows 2 gigs used, billing
for that month will be times 5 of the control panel monitor.
C. Policy regarding unique IP addresses. Contractor
will order unique IP addresses from the main support
site at ISPsupport.biz and pay to P.E.E.L. Inc. $1.00
per month for each IP address used on the 1st of each
month.
P.E.E.L. Inc. will provide IP addresses if supply
is available but will not be responsibile for any
damages if IP addresses are not available to P.E.E.L. Inc.
IP addresses must be ordered in advance, and paid
for 6 months in advance.
D. Upon cancellation by Contractor for any services
from Contractors clients, the service cancelled
will be removed by Contractor from P.E.E.L. Inc.s
server.
E. P.E.E.L. Inc. will provide a customizable website
for contractor which is designed to help Contractor find
and develop clients for their ISP website, email, and domain
name hosting services.
The website will be based on our examples listed at
http://ISPsupport.biz and be completed within 30 days
after necessary information, contract, all items on
check list are provided by Contractor. This includes
Contractor pointing to our server the domain name
Contractor wants Contractors ISP website hosted on.
F. P.E.E.L. Inc. takes no responsibility nor risk of
damages if the domain name to be used for Contractor's
ISP website is not pointed from the registrar to our
servers.
G. Contractor may not give free email, auto-responder, or mailing
list service, unless it is tied to a paid service.
H. All services provided in this Part II will be billed against
deposits made by Contractor to P.E.E.L. Inc.. The
deposits will have a full accounting on a private website
for use only by Contractor and P.E.E.L. Inc.s accounting
for Contractor deposits and P.E.E.L. Inc. billings.
Contractor may choose to increase the monthly auto-debit
amount by resubmitting an auto debit form from ISPsupport.biz
and writing, "Cancel previous auto-debit and replace with this
one" on the top of the auto debit form.
P.E.E.L. Inc. will not send monthly reminders of money
owed. If there is not enough money on deposit to cover
Contractor's costs, the account(s) will be suspended.
I. Contractor must use a reseller control panel to manage the
wholesale client accounts on P.E.E.L. Inc. servers. The
reseller control panel will be provided by P.E.E.L. Inc. to
Contractor at no additional fees.
J. P.E.E.L. Inc. will provide a trouble ticket system
with an escalate feature that allows Contract to send
requests to P.E.E.L. Inc. for support. P.E.E.L. Inc.
will provide Contractor up to 1 hour level 1 tech support
per month for free, assuming Contractor is up to date
with obligations specified in this contract to answer
questions or solve problems escalated by contractor
to P.E.E.L. Inc. P.E.E.L. Inc. will provide additional
level 1 tech support to Contractor at a rate of 34 cents
per minute billed at one minute increments and one minute
minimums. Support provided Contractor via tickets submitted
to support.peel3.com will be billed at 68 cents per minute.
III. Obligations to P.E.E.L. Inc.
The Contractor will make an initial payment of $97.00 with the
remaining balance payable in 47 equal monthly installments
of $97.00 amortized over 47 months at 10% interest per annum,
for a custom website similar to InstantDialup.com and
for the right to purchase wholesale services as outlined in
Part II. The second monthly payment will be due the first
day of the month that first occurs after 30 days after the
notorization of this contract.
Contractor understands that this is a contractual agreement
for the financing of $3,824.50 principal and that the original
$97.00 payment is for the first installment payment due on
the date of this contract.
Contractor will agree to have their checking account
debited automatically on the 1st of each month and
sign and notorarize a form of authorization obtained
from P.E.E.L. Inc.
Any payments due P.E.E.L. Inc. in excess of the agreed
monthly payments are to be mailed by Contractor to
P.E.E.L. Inc. PO Box 307308 Gahanna, Ohio 43230 in
the form of a check or money order or bank draft.
Payments are due on the first day of the month and shall be
considered late if payment is not received by the 10th day
of the month. Payments received after the 10th day of the
month are subject to a late penalty of 5% of the installment
amount. P.E.E.L. Inc. may terminate the agreement if
payment is not received within 30 days after the due date.
In the event of a breach for nonpayment, P.E.E.L. Inc.
may accelerate the deferred initial payment, but in the
event P.E.E.L. Inc. receives full payment of the initial
charge, P.E.E.L. Inc. reserves the right to resume
services under the agreement.
Contractor will be responsible for any costs of collection
or attorney fees accrued by P.E.E.L. Inc. in the
collection of an account should it become breach for
nonpayment.
If Contractor fails to honor this contract: Contractor
agrees that Contractor's clients being hosted on
P.E.E.L. Inc.s server may be solicited by
P.E.E.L. Inc. to become clients of P.E.E.L. Inc.,
P.E.E.L. Inc. reserves the right of first-refusal to
honor all agreements Contractor has with Contractors
clients, P.E.E.L. Inc. does not agree to be bound or
have any responsibility to any agreement between Contractor
and Contractors clients, P.E.E.L. Inc. also reserves
the right to offer alternative agreements to Contractors
clients.
Contractor agrees to provide a deposit of funds in US
dollars to P.E.E.L. Inc. to cover billings for services
provided by P.E.E.L. Inc. This deposit will not be used
for the monthly installment payment of $97.00 agreed to
under part III paragraph 1. If funds are not made available
by Contractor to pay for billings by P.E.E.L. Inc.s
services that are ordered and agreed to by Contractor,
P.E.E.L. Inc. reserves the right to terminate service to
Contractor or Contractors clients. If Contractor agrees to
purchase wholesale service from P.E.E.L. Inc., and
P.E.E.L. Inc. provides that service without advance
payment from Contractor, Contractor must pay for services
owed within 10 business days. If Contractor does not pay
for service within 10 business days, P.E.E.L. Inc.
reserves the right to use legal methods to collect payment
from Collector and be reimbursed for collection and legal
costs incurred in collecting the debt owed by Contractor.
Disclaimer. The Contractor agrees to indemnify and hold
harmless any liability it incurs for the content or services
provided for in the Contractor website, any merchandise
offered for sale, or any copyrights, trademarks, patents, or
other licensing arrangements associated with the
Contractors website, or any third party claims resulting
form the Contractors breach of any copyrights, trademarks,
patents or other licensing agreements. P.E.E.L. Inc.
disclaims any liability for the content or services provided
in the Contractor websites, including any warranties,
warranties of merchantability or warranties of fitness
for a particular purpose, either express or implied. The
Contractor agrees to indemnify and hold harmless any
liability it incurs for server service outages, inability
to log on due to band width capacity, or direct or indirect
internet traffic problems.
If Contractor or Contractors client send abusive email
or advertisements, unsolicited email or "spam", or uses
their websites or email to promote illegal activity or
pornography, the Contractors clients website will be
terminated. An appeal may be sent within 30 days to
Corporate@SellInternetAccess.com or via any postal service to
PO Box 307308 Gahanna, OH 43230. The appeal will be
reviewed by offices and directors of P.E.E.L. Inc..
The decision whether or not to continue service will be
at the sole discretion of P.E.E.L. Inc. officers and
directors.
Exception to previous paragraph:
Bulk email is allowed if Contractor obtains a dedicated server
from P.E.E.L. Inc. No Bulk email will be allowed on any shared
server, only the dedicated server for use by Contractor.
Spamming, (sending unsolicited email), is never allowed by
P.E.E.L. Inc. on any server, dedicated or shared. Pornography
may be promoted if Contractor obtains a dedicated server from
P.E.E.L. Inc. Promotions for pornography cannot be linked from
or advertised on the main website built by P.E.E.L. Inc. for
Contractor as described in Part II paragraph F. Promotions or
hosting for pornography can not be on any website owned or
controlled by Contractor that is hosted on any shared server
contracted from P.E.E.L. Inc. All promotions or hosting of
any pornography must be on dedicated server obtained by
Contractor from P.E.E.L. Inc. No illegal pornography content
of any kind, (such as any site that shows any pictures of
children under the age of 18 or criminal activity of any kind),
is allowed on dedicated or shared servers contracted from
P.E.E.L. Inc.
IV. Term of Agreement and Survival of Terms.
This Contractor agreement shall be enforceable for a period
of four years from this date of this agreement and may not
be terminated by either party, except for as allowed for in
Part II.
The duration of contractual rights to use licensed subject
matter attendant to the Contractor website is for a time
reasonable in light of the licensed informational rights and
the commercial circumstances. However, subject to
cancellation for breach of contract, the duration of the
license is perpetual as to the contractual rights and
contractual use restrictions if the license expressly grants
the right to incorporate or use the licensed information or
informational rights with information or informational
rights from other sources in a combined work for public
distribution or public performance.
V. Renewal Options
This Contractor Agreement may be renewed at the option of
the Contractor for a period of four years. Written notice
of intent to renew must be received by P.E.E.L. Inc. 120
days prior to the original expiration of the agreement.
P.E.E.L. Inc. reserves the right to decline renewal
absolutely if the prior agreement is in default. Otherwise
P.E.E.L. Inc. reserves the right to decline any renewal
option upon showing of cause. No additional sales, setup,
or renewal charge will be assessed upon the grant of a
renewal option, however the the fee agreements outlined in
Part II and part III will continue.
VI. Severability
If any provision of this Contract will be held to be invalid
or unenforceable for any reason, the remaining provisions
will continue to be valid and enforceable. If a court
finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it would
become valid and enforceable, then such provision will be
deemed to be written, construed, and enforced, as so limited.
If a court of law as a matter of law finds the contract or
any term thereof to have been unconscionable at the time it
was made, the court may refuse to enforce the contract, or
it may enforce the remainder of the contract without the
unconscionable term, or it may so limit the application of
nay unconscionable term as to avoid any unconscionable
result.
If it is claimed or appears to the court that a contract
or any term thereof may be unconscionable , the parties
must be afforded a reasonable opportunity to present the
evidence as to its commercial setting, purpose, and effect
to aid the court in making the determination.
VII. Governing Law.
This Contract shall be construed in accordance with the
laws of the state of Ohio. Sole and exclusive jurisdiction
and venue for any action or proceeding arising out of or
related to this agreement shall be in an appropriate state
or federal court located in the State of Ohio. You consent
to service of process in any appropriate legal forum in the
State of Ohio.
VIII. Notice.
Any notice or communication required or permitted under this
Contract shall be sufficiently given if delivered in person
or by certified mail, return receipt requested, to the
address set forth in the opening paragraph or to such other
address as one party may have furnished to the other in
writing.
IX Assignment.
Neither party may assign or transfer this Contract without
the prior written consent of the non-assigning party, which
approval shall not be unreasonably withheld.
The undersigned parties agree to the terms and conditions
stated in the above Contractor Agreement.
___________________________________________
Timothy L. Drobnick Sr., President
P.E.E.L. Inc.
136 N. Hamilton Road
Gahanna, OH 43230
Contractor signature___________________________________
Contractor printed name: ______________________________
Contractor date of signature: __________________________
Contractor social security number: _____________________
Contractor drivers license number: ____________________
Contractor drivers license state:______________________
Contractors mothers maiden name:______________________
Contractor must initial each page of this contract.
Sworn to and Signed before me this ________day of _________
________________________________________
Notary Public
My Commission expires____/____/____
Please keep this amortization Schedule for your records.
| Loan amount | 3,824.50 | | | |
| Interest amount | 10% | | | |
| | | | |
| Month | Payment | Interest | Principal | Balance |
| 1 | 97 | 31.87 | 65.13 | 3,759.37 |
| 2 | 97 | 31.33 | 65.67 | 3,693.70 |
| 3 | 97 | 30.78 | 66.22 | 3,627.48 |
| 4 | 97 | 30.23 | 66.77 | 3,560.71 |
| 5 | 97 | 29.67 | 67.33 | 3,493.38 |
| 6 | 97 | 29.11 | 67.89 | 3,425.49 |
| 7 | 97 | 28.55 | 68.45 | 3,357.04 |
| 8 | 97 | 27.98 | 69.02 | 3,288.02 |
| 9 | 97 | 27.4 | 69.6 | 3,218.42 |
| 10 | 97 | 26.82 | 70.18 | 3,148.24 |
| 11 | 97 | 26.24 | 70.76 | 3,077.48 |
| 12 | 97 | 25.65 | 71.35 | 3,006.13 |
| First year total | 1,164.00 | 345.63 | 818.37 | |
| Month | Payment | Interest | Principal | Balance |
| 13 | 97 | 25.05 | 71.95 | 2,934.18 |
| 14 | 97 | 24.45 | 72.55 | 2,861.63 |
| 15 | 97 | 23.85 | 73.15 | 2,788.48 |
| 16 | 97 | 23.24 | 73.76 | 2,714.72 |
| 17 | 97 | 22.62 | 74.38 | 2,640.34 |
| 18 | 97 | 22 | 75 | 2,565.34 |
| 19 | 97 | 21.38 | 75.62 | 2,489.72 |
| 20 | 97 | 20.75 | 76.25 | 2,413.47 |
| 21 | 97 | 20.11 | 76.89 | 2,336.58 |
| 22 | 97 | 19.47 | 77.53 | 2,259.05 |
| 23 | 97 | 18.83 | 78.17 | 2,180.88 |
| 24 | 97 | 18.17 | 78.83 | 2,102.05 |
| Second year total | 1,164.00 | 259.92 | 904.08 | |
| Month | Payment | Interest | Principal | Balance |
| 25 | 97 | 17.52 | 79.48 | 2,022.57 |
| 26 | 97 | 16.85 | 80.15 | 1,942.42 |
| 27 | 97 | 16.19 | 80.81 | 1,861.61 |
| 28 | 97 | 15.51 | 81.49 | 1,780.12 |
| 29 | 97 | 14.83 | 82.17 | 1,697.95 |
| 30 | 97 | 14.15 | 82.85 | 1,615.10 |
| 31 | 97 | 13.46 | 83.54 | 1,531.56 |
| 32 | 97 | 12.76 | 84.24 | 1,447.32 |
| 33 | 97 | 12.06 | 84.94 | 1,362.38 |
| 34 | 97 | 11.35 | 85.65 | 1,276.73 |
| 35 | 97 | 10.64 | 86.36 | 1,190.37 |
| 36 | 97 | 9.92 | 87.08 | 1,103.29 |
| Third year total | 1,164.00 | 165.24 | 998.76 | |
| Month | Payment | Interest | Principal | Balance |
| 37 | 97 | 9.19 | 87.81 | 1,015.48 |
| 38 | 97 | 8.46 | 88.54 | 926.94 |
| 39 | 97 | 7.72 | 89.28 | 837.66 |
| 40 | 97 | 6.98 | 90.02 | 747.64 |
| 41 | 97 | 6.23 | 90.77 | 656.87 |
| 42 | 97 | 5.47 | 91.53 | 565.34 |
| 43 | 97 | 4.71 | 92.29 | 473.05 |
| 44 | 97 | 3.94 | 93.06 | 379.99 |
| 45 | 97 | 3.17 | 93.83 | 286.16 |
| 46 | 97 | 2.38 | 94.62 | 191.54 |
| 47 | 97 | 1.6 | 95.4 | 96.14 |
| 48 | 96.94 | 0.8 | 96.14 | |
| Fourth year total | 1,164.00 | 60.65 | 1,103.29 | |
| Grand Total | 4,655.94 | 831.44 | 3,824.50 | |