User Level Agreement

Wildcard Corp. User Level Agreement, Last Updated 8/1/2025
  1. This is an agreement between the customer (Herein known as the “user’) and Wildcard Corp. (Herein known as the “Provider”) herein collectively referred to as the “Parties” or individually as a “Party”. Use of Wildcard Corp.'s service and/or equipment  constitutes acceptance and agreement to Wildcard Corp.'s Terms of Service.
  2. Parties using Provider owned and maintained equipment must agree and abide by the terms of this user agreement. Use of the equipment constitutes acceptance of these terms and binds you to follow them during any user interaction for the life of the contract.
  3. Authorizations
    1. User hereby warrants that it has all necessary rights, authorizations, or license to provide the Services hereunder and to provide all related Software, and Services required under this Agreement, and that such actions by User do not violate any laws or infringe upon any third party’s rights to such Software or materials
    2. Provider hereby warrants that it has all necessary rights, authorizations, or license to provide any software or materials to user which Provider will supply to User to enable Provider to perform the Services and that such actions by Provider do not violate any laws or infringe upon any third party’s rights to such software or materials.
  4. Prohibited Activities. You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that the Provider will impose fees; and/or pursue civil remedies without providing advance notice.
    1. Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.
    2. Spam and Unsolicited Bulk Email (UBE): The Provider has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Wildcard Corp. whether or not the message actually originated from our network.
    3. Mailing Lists: Provider's mass mailing rules also apply to mailing lists, list services, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
    4. Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
    5. Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Provider. or Provider's customers.
    6. Providing False Data on any Contract or Application: including fraudulent use of credit card numbers
  5. Lawful Use. Provider and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Provider's services may not be used to facilitate infringement of these laws in any way.
  6. Responsibility of traffic content. Provider does not prohibit the use of distributed, peer to peer network services such as Tor, nor does Provider routinely monitor the network communications of customers as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Provider services. Any usage that prompts the receipt of abuse complaints pertaining to violation of United States and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
  7. Security. Provider requires the following security measures to be implemented on all User owned equipment managed by Provider, as well as all Provider owned equipment that is leased/rented by the user. Provider will facilitate installation of these security measures during the installation process. Failure to maintain these measures can result in termination of your contract. See Terms of services and specific contract terms.
    1. Antivirus
    2. Spam Filter
    3. Two Factor Authorization
    4. Strong Passwords and Password Management
  8. Approved Software. Provider maintains a list of approved software per contract terms that is allowed to be installed on network attached equipment. No unapproved software may be installed on this equipment without the written consent of the Provider. Failure to receive consent is a violation of this agreement as well as the Provider. Terms of Service. The Provider will include an addendum to this ULA containing the list of authorized software after discussion with user stakeholders.
  9. Cancellations. If customer is provided accounts on Provider systems it agrees that;
    1. Provider reserves the right to suspend network access to any customer if, in the judgment of the Provider network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Provider chooses. Provider. will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Provider reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
    2. If at any time it becomes necessary for Provider to cancel a customer's service without cause,Provider may not provide advance notice.
    3. Services are canceled via the terms established in the statement of work. Services may be canceled with thirty (30) days notice if no statement of work was established prior to services starting.. Accounts are canceled on the date indicated in notice or before the start of the next billing cycle. Cancellation of service does not relieve the customer of responsibility of all accrued charges. Customers will be billed via Wildcard Corp. billing platform on the next billing cycle with all invoices due via net 30 terms. All late invoices will be subject to Wildcard Corp. unpaid policies.
  10. General Warranty Disclaimer.  The total liability, if any, of Company pursuant to this Agreement including but not limited to liability arising out of contract, tort, breach or failure of warranty, or otherwise shall not in any event exceed the fees paid by Company under the applicable Statement of Work.  Neither Party shall be liable to the other Party hereunder for any incidental, indirect, special, or consequential damages relating to breach of warranty or other actions under this agreement, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and whether or not such damages were foreseen or unforeseen, even if the other Party has been advised of the possibility thereof.
  11. Limitation of Liability. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Provider and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the Provider shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Provider. Provider will not be held liable for incidents that occur in result of the failure to apply basic security requirements set forth in section 7, failure to patch systems in the result of customer request, or the through the use of end of life systems. Customer further acknowledges that the Provider's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the Provider be liable for any special or consequential damages, loss or injury. The provider is not responsible for any damages your business may suffer. The provider does not make implied or written warranties for any of our services. The Provider denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by the Provider. Customer is responsible for making sure they are procuring the services to meet any regulatory, insurance policy or standards for their organization.
  12. Entire Agreement; Amendments.  This instrument including the Exhibits attached hereto contains the entire agreement between the Parties and there are merged herein all prior and collateral representations, promises, and conditions in connection with the subject matter hereof.  Any representation, promise, or condition not incorporated herein shall not be binding upon either Party and this Agreement supersedes and is in lieu of all prior or contemporaneous agreements or arrangements between the Parties with respect to the subject matter hereof.  Any modification of any provision of this Agreement must be in writing and signed by authorized representatives of the Parties hereto.
  13. Choice of Law and Forum.  To the extent not governed by U.S. Federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, excluding any choice of law provisions contained therein or giving effect to principles of conflicts of law thereof, regardless of the place of making or performance.  All disputes arising hereunder shall be heard exclusively by a court of competent jurisdiction in Portage County, Wisconsin or the U.S. District Court for the Western District of Wisconsin, with each Party to this Agreement expressly consenting to the jurisdiction of these courts.
  14. Waiver of Jury Trial.  Each Party hereby waives such Party’s rights to a trial by jury in any action or proceeding based upon, or related to, the subject matter of this agreement and the business relationship that is being established. This waiver is knowingly, intentionally and voluntarily made by each Party.  Each Party acknowledges that no person has made any representations of fact to induce this waiver of trial by jury or has taken any actions which in any way modify or nullify its effect.  Each Party acknowledges that this waiver is a material inducement to enter into a business relationship, that each Party has already relied on this waiver in entering into this agreement and each Party will continue to rely on this waiver in their related future dealings.  Each Party further acknowledges that each has been represented by independent legal counsel (or has had the opportunity to be represented) in the signing of this Agreement and in the making of this waiver.
  15. Notices.  Any notices to be given hereunder by either Party to the other may be affected either by personal delivery in writing, nationally recognized express courier service or by mail, registered or certified, postage prepaid with return receipt requested.  Mailed notices shall be addressed to the Parties at the addresses appearing in the introductory paragraph of this Agreement, but each Party may change such address by written notice in accordance with this paragraph.  Notices delivered personally will be deemed communicated as of actual receipt.  Mailed notices will be deemed communicated as of the date of confirmed receipt or date of refusal to accept the mailed notice.
  16. Severability.  If any provision of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entirety of this Agreement, but rather, unless a failure of consideration would result, the entirety of this Agreement shall be construed as if not containing the particular invalid or unenforceable provision, and the rights and obligations of the Parties shall be construed and enforced accordingly.  No covenant or provision shall be dependent upon any other covenant or provision unless so expressed herein.  If the time, area or scope referred to in any provision of this Agreement shall be considered unenforceable by any court of competent jurisdiction, such provisions shall be reduced to apply to the maximum time, area or scope permitted by law or, if not subject to such reduction, such provision shall be deemed severed here from with all other provisions of this Agreement remaining in full force and effect.
  17. Binding Effect.  This Agreement shall ensure to the benefit of and shall be binding upon user and the Provider and their respective successors and assigns.
  18. Headings.  All section headings and captions used herein and in the schedules attached hereto are for the convenience of the Parties only and shall not be part of the text hereof or deemed in any way to limit or affect the meaning of this Agreement.
  19. Warranty Disclaimer. You agree that your use of the Provider’s service and/or equipment shall be at your sole risk. All services provided by the Provider are available as is, without warranty expressed or implied. Services are not guaranteed and fitness of service for a particular use is not warranted. 
  20. Acceptance of Terms. By using our equipment and/or software you are agreeing to all terms and conditions as set forth in this document and as listed on wildcardcorp.com. The Provider reserves the right to change these conditions at any time without notice.
  21. No Third Party Beneficiary Rights.   The provisions of this Agreement are not intended to be for the benefit of any creditor or any other Person to whom any debts, liabilities or obligations are owed by (or who otherwise has any claim against) either of the Parties; and no such creditor or other Person shall obtain any right under any of such provisions or shall by reason of any of such provisions be allowed to make any claim in respect of any debt, liability or obligation (or otherwise) against either of the Parties.  The term “Person” shall mean an individual, corporation, trust, association, unincorporated association, estate, partnership, limited liability company or partnership, joint venture or similar entity.
  22. Authority.  Each Party hereby warrants that it is duly organized and validly existing under the laws of the state of its organization, and that each Party has full power and authority to perform all of its obligations under this Agreement and the person executing this Agreement on behalf of each Party has been duly authorized and empowered to bind the applicable Party to this Agreement.
  23. U.S. Government License Rights and Restrictions.  This provision shall only be applicable if the user is United States government.  The Services are provided to the United States government with the commercial license rights and restrictions stated in:  (a) this Agreement, (b) in subparagraph (a) of the Rights in Commercial Computer Software or Commercial Computer Software Documentation clause at DFAR, 48 CFR 227.7202-3, as may be amended from time to time and (c) in subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights clause at FAR, 48 CFR 52.227-19, as may be amended from time to time.