Eagles Nest BBS 6

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H A Y E S S Y S O P P R O G R A M Hayes Microcomputer Products, Inc 705 Westech Drive Norcross, Georgia 30092 (404)441-1617 Telex 703500 HAYES USA FAX: (404)449-0087 BBS: (800)US-HAYES Mailing Address: P O Box 105203, Atlanta, Georgia 30348 Dear SysOp, Thank you for your inquiring on the Hayes SysOp Program! The Hayes SysOp Program offers a very attractive full featured program for BBS System Operators. The Program includes special SysOp pricing for qualified SysOps to purchase hardware directly from Hayes at up to 50% off manufacturers suggested retail price. The ONLINE WITH HAYES BBS (1-800-US-HAYES) is your toll-free source for Hayes Technical Support. This allows you full access to all the Technical notes and bulletins within the Hayes Technical Library. Once we receive your order for any 9600bps modem you will be granted toll-free access to the SysOp's Forum. To preview the SysOp's Forum you may call on the toll line at 404-HI-MODEM (404-446-6336). The SysOp's Forum contains a variety of SIGs with files and information on most of the popular BBS software packages. Hayes maintains close contact with many BBS software authors and other software developers within the BBS community to insure full-functionality when used with their communications products. The ULTRA 96 features full CCITT V.32 compliance for high speed connections with any other manufacturer's modem that also supports V.32. The ULTRA 96 sells to SysOps for $599. Thank you for considering a Hayes modem for your BBS! ------------------------------------------------------------- FAST ANSWERS about fast modems Complete range of Hayes 9600 bps modems answers your communications needs. ULTRA 96 -------- o CCITT V.32 and V.42bis provide high performance and throughput to 38.4 Kbps o Compliance with international CCITT standards o Compatibility with the most frequently used modem industry technologies o Ideal for use with PCs or hosts which must communicate at a variety of speeds, using standardized modulation, error-control and data compression V-series Smartmodem 9600 ------------------------ o The most cost effective PC communications solution for high-speed data transfers o Hayes fast turnaround "ping-pong" protocol and V.42bis provide high performance and throughput to 19.2 Kbps o Compliance with international CCITT standards o Compatibility with the most frequently used modern industry standards FEATURE COMPARISON - V-series Feature ULTRA 96 Smartmodem 9600 ------- -------- --------------- CCITT V.32 Compliance Yes No Hayes fast turnaround "ping- pong" w/ V.32 modulation Yes Yes CCITT V.22bis/V.22 compliance 2400 and 1200 bps Yes Yes CCITT V.21/V.23 compliance/ 300 and 75/1200 bps Yes Country-Specific 103 and 212A/300 and 1200 bps Yes Yes CCITT V.42-LAPM & MNP 2-4 error control Yes Yes V-series LAPB error control Yes Yes CCITT V.42bis data compression Yes Yes Hayes Adaptive Data Compression Yes Yes MNP 5 data compression Yes Yes Dial Line Yes Yes 2-wire Leased-Line Yes No PABX & Business Line Support Yes Yes MI/MIC Yes No Hayes Standard AT Command Set Yes Yes CCITT V.25bis Yes No CCITT X.32 (Dial X.25) & PAD Yes Yes AutoStream/4 Simultaneous Sessions Yes Yes Automatic Feature Negotiation Yes Yes Automatic Speed Buffering Yes Yes Flow Control Yes Yes Stored Configurations & Phone Numbers Yes Yes V.54 Diagnostics & Self-Test Yes Yes Asynchronous Yes Yes Synchronous Yes Yes Hayes AutoSync Yes Yes Country-Specific Versions Yes Yes International Distribution Yes Yes 2 Year Warranty/Extendable for 2 additional years Yes Yes Estimated Retail Price $1199 $999 Hayes, the Hayes logo and V-series are registered trademarks, and Smartmodem 9600 is a trademark of Hayes Microcomputer Products, Inc. MNP is a registered trademark of Microcom, Inc. Representations, Warranties, Undertakings and Acknowledgements of Buyer Bulletin Board Operator/SYSOP Program 1. If the Buyer is a bulletin board operator, the Buyer represents and warrants to Hayes that the Products purchased under the Order shall be used by Buyer in connection with the operation of Buyer's bulletin board. If the Buyer is a Systems Operator, Buyer represents and warrants to Hayes that the Products will be used by Buyer in connection with its users' group. The Buyer will use the Products for no other purposes whatsoever, including, without limitation, resale. 2. If the Buyer is a bulletin board operator, the Buyer represents and warrants to Hayes that its bulletin board has been in continuous service for the six (6) month period immediately prior to the Order Date set forth on the Order; Buyer further represents and warrants to Hayes that it currently receives a minimum of fifty (50) calls per week or two hundred (200) calls per month from members of the users' group bulletin board. 3. The Buyer acknowledges that it may purchase a maximum of four (4) units of Hayes Products offered to Buyer on the Order. Additional units may be available at the discretion of Hayes for use with verifiable multiline systems over 4 nodes. 4. The Buyer agrees to complete the Bulletin Board Questionnaire and return it and the Order to Hayes at the following address: Hayes Microcomputer Products, Inc Attn: Hayes SYSOP Coordinator Post Office Box 105203 Atlanta, Georgia 30348 FAX: 404-449-0087 Buyer acknowledges that Seller is under no obligation to ship any of the Products order under the Order until the Questionnaire has been returned to Hayes. Approved Sysop Price List - Effective 8/28/90 Hayes Part # Hayes Product / Description MSRP Sysop Price 08-00863 ULTRA 96 $1,199.00 $599.00 CCITT V.32 and V.42bis compatible at 9600 08-00854 V-series Smartmodem 9600 999.00 499.00 external unit, hardware only 08-00570 V-series Smartmodem 9600B (V.42bis) 799.00 399.00 internal board for IBM, hardware only 08-00927 V-series Smartmodem 2400 649.00 325.00 external unit, hardware only 08-00572 V-series Smartmodem 2400B (V.42bis) 599.00 299.00 internal board for IBM, hardware only 08-00324 Smartmodem 2400 499.00 249.00 external unit, hardware only 08-00261 Smartmodem 2400B 349.00 175.00 Internal board for IBM, hardware only 08-00283 Smartmodem 2400M 499.00 249.00 Internal unit for Apple Macintosh II, Hardware only 08-00394 Smartmodem 2400P 499.00 249.00 Internal (board) unit for IBM PS/2, Hardware only 08-00343 Smartmodem 2400Q 499.00 249.00 Internal unit for Compaq Portable III, Hardware only 08-00321 Smartmodem 1200 399.00 199.00 External Unit, hardware only 08-00244 Smartmodem 1200A 199.00 99.00 Internal unit (board), hardware only, for Apple II 08-00262 Smartmodem 1200B 199.00 99.00 Internal board for IBM, hardware only 08-00849 Rack 1A 999.00 499.00 Mounts up to 9 Hayes external modems in 19" cabinet 08-00895 Hayes JT FAX 4800B 295.00 149.00 Internal unit for IBM compatibles, with Software 08-00897 Hayes JT FAX 4800P 595.00 299.00 Internal unit for IBM PS/2, with Software 08-00893 Hayes JT FAX Portable 495.00 249.00 External unit for IBM compatibles, with Software 08-00899 Hayes JT FAX 9600B 695.00 349.00 Internal unit for IBM compatibles, with Software 08-00632 EtherMate 8 249.00 125.00 08-00680 EtherMate 8UTP 329.00 165.00 08-00681 EtherMate Trio16 349.00 175.00 08-00456 ESP(Enhanced Serial Port) EISA 299.00 149.00 08-00192 Smartcom III (IBM) 249.00 88.00 08-00962 Smartcom Exec (IBM) 129.00 45.00 08-00107 Smartcom II for the Mac (MAC) 149.00 53.00 (Send this section to Hayes) Questionnaire Bulletin Board Operator/SYSOP Program -------------------------------------------------------------------------- Return to: Hayes Microcomputer Products, Inc. Attn: Sysop Support Coordinator P.O. BOX 105203 Atlanta, Georgia 30348 FAX 404-449-0087 Bulletin Board Name__________________________________________________ SYSOP Name___________________________________________________________ Business Address_____________________________________________________ City/State/Province/Zip (Postal Code)________________________________ Business Phone ( )_________________________________________________ Bulletin Board Phone ( )___________________________________________ USER GROUP INFORMATION Name of Group________________________________________________________ Address______________________________________________________________ City/State/Province/Zip (Postal Code)________________________________ Officer or Contact_________________________ Phone ( )______________ BULLETIN BOARD INFORMATION General format of information provided by the Bulletin Board: _____________________________________________________________________ _____________________________________________________________________ Nonprofit or Commercial?_____________________________________________ Who writes or publishes the information?_____________________________ On what CPU does the BBS operate?____________________________________ How long has the BBS been in service?________________________________ Does it operate on a paid subscription basis?________________________ What are the operating hours? Weekdays?______________________________ Weekends: Saturday_________________ Sunday___________________________ Average number of calls received per month:__________________________ Approximate number of users:_________________________________________ So that we may call into the system, please provide any passwords or codes necessary to log in:___________________________________________ _____________________________________________________________________ _____________________________________________________________________ (Send this section to Hayes) Model Number Desired Quantity Subtotal _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ SUBTOTAL : ________ GA Customers add 5% sales tax/CA Customers add 7.25% sales tax:________ $5.00 PER UNIT FOR SHIPPING: ___________ x $5 =________ Total Order: ___________ ________ *** SPECIAL NOTE FOR CANADIAN SYSOPS *** You will be responsible for paying the 13.9% tax for customs duties on the subtotal. SOLD TO: (Please print or type) Customer Name:_______________________________________________ Customer Address:____________________________________________ City/State/Province/Zip (Postal Code):___________________________________ Shipping address (if different):_________________________________________ _________________________________________________________________________ Order Date:______________________________________________________________ Payment Terms: Payment for the entire amount of the [ ] Check purchase must be included with this [ ] Money Order PLEASE CHECK order form. You may pay by check, [ ] MasterCard ONE BOX money order, MasterCard, VISA or [ ] VISA bank transfer. [ ] Bank Transfer Credit Card #: _______________________________________ Expiration Date: _____________________________________ Signature: ________________________________________________ (Must complete if paying by credit card) Please enter our Order for the Products indicated above ("Products") subject to the terms and conditions set forth on the face and reverse side of this order. THIS ORDER IS NEITHER AN EXPRESSION OF ACCEPTANCE OF ANY OFFER MADE NOR A CON- FIRMATION OF ANY CONTRACT OR AGREEMENT BETWEEN BUYER AND SELLER. THIS ORDER IS AN OFFER TO SELLER TO CONTRACT ON THE TERMS SET FORTH HEREIN. ACCEPTANCE OF THIS ORDER BY SELLER IS EXPRESSLY LIMITED TO THE TERMS SET FORTH HEREIN AND ANY ADDITIONAL OR DIFFERENT TERMS PROPOSED BY SELLER ARE SPECIFICALLY REJECTED. EACH SHIPMENT RECEIVED BY BUYER FROM SELLER SHALL BE DEEMED TO BE ONLY UPON THE TERMS AND CONDITIONS. Buyer Accepted on ________________, 19____ _____________________________________ Hayes Microcomputer Products, Inc (Type or Print) By___________________________________ By _________________________________ (Keep this section for your records) TERMS AND CONDITIONS -------------------- 1. Acceptance of Offer. This order is subject to acceptance by Hayes Microcomputer Products, Inc., ("Seller"), and upon acceptance by Seller, the individual or entity set forth following the words "Sold to" on the face of this order ("Buyer") shall be bound hereunder. Seller shall indicate its acceptance hereof (1) by depositing the acknowledgement copy of this order duly executed by an authorized representative of Seller, in the U S mail postage prepaid and addressed to Buyer at the Shipping Address designated on the face of this order or (2) by shipping the Products ordered, or any portion thereof. 2. Integration, Interpretation, Definitions and Modifications. The terms set forth on the face and reverse side of this order, any other documents specifically incorporated herein by reference on the face of this order and such additional terms as are approved in writing by Seller with respect to this order (collectively this "Order"), constitute the entire order of Buyer, and, upon acceptance by Seller, are the entire and exclusive statement by Buyer and Seller of the terms of their agreement. All prior and contemporaneous proposals, negotiations, representations and agreements are merged in this Order and no course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this Order. Acceptance or acquiescence in a course of performance rendered under this Order shall not be relevant to determine the meaning of this Order, even though the accepting or acquiescing party had knowledge of the nature of the performance and opportunity for objection. Whenever a term defined by the Uniform Commercial Code of Georgia (the "Code") is used in this Order, the definition contained in the Code is to control. The terms of this Order may not be altered, modified, superseded or amended and no additional or different terms shall become a part hereof and this Order may not be rescinded, except pursuant to a writing specifically referencing this Order and signed by an authorized representative of the party against whom enforcement is sought. 3. Applicable Law. Limitations. This Order shall be governed by the Code and other laws of Georgia in effect on the date of Seller's acceptance of this Order. Any action for a breach of the terms and conditions of this Order must be commenced within one (1) year after the cause of action has accrued. 4. Waiver Renunciation. No claim or right arising out of a breach of the terms and conditions of this Order may be discharged in whole or in part by a waiver or renunciation of the claim or right or termination of this Order unless the waiver renunciation or termination is in a writing specifically referencing this Order and signed by the aggrieved party. Waiver by either Seller or Buyer of a breach by the other of any provision of this Order shall not be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect. An attempted modification or recision which fails to comply with Section 2 hereof shall not operate as a waiver. Legal and equitable principals of estoppel shall not apply to this Order or to the relationship between Buyer and Seller described in and resulting from this Order, including, without limitation, and attempted waiver. 5. Assignment-Delegation. No right or interest under this Order shall be assigned by either Buyer or Seller without the written permission of the other party, and no delegation or subcontracting of any obligation owed, or of the performance of any duty, by either Buyer or Seller shall be made without the prior written permission of the other party. Any attempted assignment or delegation shall be wholly void for all purposes unless made in conformity with this Section. 6. Identification, Delivery, Titel and Risk of Loss. Identification of the Products shall occur when the Products are shipped. If this Order is F.O.B. place of shipment as designated on the face hereof, Seller shall put the Products in possession of a carrier, contract with the carrier for the shipment of the Products to the destination designated on the face hereof and obtain and promptly deliver to Buyer the documents, if any, necessary to obtain possession of the Products. Seller shall bear the expense of putting the Products in the possession of the carrier. Buyer shall bear all other expenses of transportation including without limitation, loading and unloading, storage and freight. Title to and risk of loss of the Products shall pass to Buyer upon placement of the Products into the carrier's possession by Seller. The Products shall be deemed rendered to Buyer upon their delivery to the carrier by Seller. If this Order is F.O.B. place of destination, Seller shall deliver the Products to the destination, give oral notice to Buyer for Buyer to take delivery, and hold or cause the Products to be held for one (1) day after such date at the disposal of Buyer. Failure of Buyer to call for the Products within such period will constitute a repudiation by Buyer of this Order. All facilities for receipt of the Products at the destination shall be arranged and paid for by Buyer. Buyer shall pay Seller any increase in freight expense that takes effect subsequent to the date of this Order. Seller initially shall have the right to designate the means of transportation and routing. If Buyer requests or requires a more expensive means of routing, Buyer shall pay any extra cost incurred. Title to and risk of loss of the Products shall pass to Buyer upon delivery of the Products to Buyer or its designee, at the destination. Whether this Order is F.O.B. place of shipment or destination, Seller shall have the right to deliver all of the Products at one time or in portions from time to time. The delivery of nonconforming Products, or a default of any nature, in relation to one or more installments of the Products shall not substantially impair the value of the Products, the installment, or this Order as a whole, and shall not constitute a total breach of this Order as a whole. 7. Delay, Force Majeure. The Estimated Delivery Date provided for in this Order is approximate and not a guarantee of delivery on such date. Under no circumstances shall Seller be liable for failure to deliver or delay in delivery occasioned in whole or in part by fire, flood, explosion, casualty, riot, strike, embargo, transportation delay, breakdown, accident, act of God, or by inability to secure materials, fuel, supplies, power or shipping space, or because of the public enemy, any governmental authority, or any other causes or circumstances beyond Seller's reasonable control affecting Seller's or its suppliers' plants or otherwise affecting transportation or production of the Products. In such circumstances Seller shall have the right to extend the date of delivery for a reasonable period of time after the period of delay (but in no case for less than the period of delay) and shall have the right to apportion its materials and products among its customers in such manner as it may deem equitable. Buyer is not relieved from accepting delivery at the agreed price when the causes interfering with delivery are removed. If delivery is in installments, delay in delivery of any installments shall not relieve Buyer of its obligations to accept remaining installment deliveries at the agreed price. 8. Warranty. (a) Seller warrants to Buyer that the Products will conform to their description as set forth on the face hereof ("Seller's Warranty"). (b) Seller warrants the Products to the Buyer as original end user, in accordance with Seller's limited warranty applicable to the Products (the "Limited Warranty"). (c) On the date that title pases to Buyer pursuant to the Order, Buyer shall acquire good and clear title from Seller to each unit of the Products purchased hereunder, except with respect to portions of any software product constituting the Products which are subject to restrictions and any license agreement pertaining thereto as set forth on the packaging of each unit thereof ("Title Warranty"). (d) Seller warrants to Buyer that none of the Products will infringe any valid United States patent, United States trade mark, United States copyright, United States license or other United States proprietary right of any third party that is not an affiliate of the Buyer (the "Noninfringement Warranty"), provided however that the Noninfringement Warranty shall not be effective unless Buyer notifies Seller promptly in writing of any claim or threatened claim of infringement against Buyer and thereafter cooperates with Seller so that Seller will not be prejudiced in the defense, settlement or other handling thereof, and Buyer permits Seller, at Seller's option and expense, to control the defense, settlement or other handling of such claim or threatened claim. The Noninfringement Warranty shall not apply, and Buyer shall warrant to Seller to the full extent of the Noninfringement Warranty (i) any modifications of the Products implemented by Seller at Buyer's request; (ii) any unit of the Products or any part thereof, manufactured and produced in accordance with Buyer's specifications; or (iii) any combination of the Products, or any unit thereof, with equipment or software or other items not supplied by Seller. (e) SELLER'S WARRANTY, THE TITLE WARRANTY, THE NONINFRINGEMENT WARRANTY AND THE LIMITED WARRANTY ARE MADE EXPRESSLY IN LIEU OF ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO BUYER, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. 9. Buyer's Remedies. (a) In the event that any unit of the Products purchased by Buyer hereunder shall not conform to the Seller's Warranty, Buyer's sole and exclusive remedy with respect to such non-conformity shall be the secure replacement of any unit of the Products, or at Seller's option, to secure the refund of the purchase price paid for any unit of the Products that does not conform to the Seller's Warranty provided, however, that if Buyer shall fail to notify Seller in writing of such non-conformity of any unit of the Products and of the facts constituting such non-conformity within twenty (20) days of Buyer's receipt of the non-conforming units of the Products, Seller shall have no obligation to replace or to refund the purchase price paid for those non-conforming units of the Products. Seller shall bear all transportation charges in connection with the exercise of Buyer's rights under the Seller's Warranty. (b) In the event that any unit of the Products purchased by Buyer shall not conform to the Limited Warranty, the sole and exclusive remedy of Buyer with respect to any non-conformity of any unit of the Products shall be the remedy set forth in the Limited Warranty applicable to the non-conforming Products. (c) In the event that any unit of the Products purchased by the Buyer hereunder shall not conform to the Noninfringement Warranty, buyer's sole and exclusive remedy with respect to such non-conformity shall be, at the option of the Seller, for Seller: (i) to pay any final judgement by a court of last resort rendered with respect to such infringement claim to the extent based upon such infringement claim or any settlement made with respect to such infringement claim to which Seller agrees; (ii) to obtain for Buyer the right to continue the use of those units of the Products subject to the ingringement claim; (iii) to substitute other functionally equivalent products for the infringement units of the Products or modify the infringing units of the Products so that they no longer infringe; or (iv) to accept the return of the infringing units of the Products and grant to Buyer credit for the Products as depreciated. The depreciation shall be an equal amount per annum over the lifetime of the Products as determined by the Seller, but in no event shall be less than the duration of the Limited Warranty (excluding the duration of the Extended Warranty, if any) applicable thereto. (d) [there is no paragraph 'd'] (e) No claim by Buyer of any kind, whether or not based on Seller's alleged negligence or otherwise, shall be for an amount greater than the purchase price of such portion of the Products with respect to which such claim is made. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER OR NOT CAUSED BY OR RESULTING FROM THE NEGLIGENCE OF SELLER, BY REASON OF THE FACT THAT THE PRODUCTS DO NOT CONFORM TO SELLER'S WARRANTY, THE LIMITED WARRANTY, THE TITLE WARRANTY, THE NONINFRINGEMENT WARRANTY, OR TO ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, although it is the intention of the parites that all such other warranties are excluded and disclaimed by Seller. Notwithstanding the foregoing, this Section 9 shall not limit the liability of Seller or any other person or entity for bodily injury caused by any item of the Products. 10. Price and Terms. Buyer will pay as the purchase price for each type and quantity of the Products ordered hereunder, the price set forth opposite the type of the Products ordered set forth on the face of this Order. The aggregate purchase price for all of the Products ordered hereunder ("Price") shall be paid by Buyer to Seller in accordance wth the payment terms provided on the face of this Order. The Price shall not be subject to set off for claims of Buyer in the event Seller deems it necessary to enforce this Order (including without limitation, to collect any amount due hereunder) by or through an attorney at law. Buyer shall pay to Seller upon demand all costs and expenses of such enforecment including, without limitation, reasonable attorney's fees. Seller may withhold subsequent deliveries until the full Price and any other amounts due hereunder are paid in full. Acceptance by Seller of less than full payment of the Price shall not be a waiver of any of its rights to collect the remainder due. 11. Taxes. The amount of any present or future sales, use, excise, or other similar tax applicable to the Products shall be paid by Buyer, or in lieu thereof Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authority. 12. Return of Products. Buyer may not return any of the Products unless such return as been authorized in writing by the Seller prior to such return. Buyer shall bear all costs of such return including, without limitation, transportation charges. 13. Inspection and Acceptance. Buyer shall have no rights to inspect the Products prior to acceptance thereof. Buyer shall accept the Products upon tender thereof. Once Buyer has accepted the Products, Buyer shall have no right to revoke its acceptance of the Products. 14. Severability. The invalidity in whole or part of any provision hereof shall not affect the validity of the remainder of such provision or any other provision. 15. Headings. Section headings herein are for convenience only and shall in no case be considered in construing this Order.