Terms of Service

Order of Service When accepted by XFire Web, the Order submitted by the Customer creates a contract between the Customer and XFire Web, consisting of the Order, the applicable Service Description, these Terms of Service, the Acceptable Use Policy, and Privacy Policy. Customer agrees to purchase and pay for the Services specified in the Order, for the fees specified in the Order.

Service

         a. In connection with any Hosting Services, Customer agrees not to exceed the limit of the storage space purchased. If excess storage space is used Customer agrees that XFire Web may assess fees in accordance with it's current policy and fees on additional space.

         b. In connection with any Hosting Services, Customer agrees that should their average bandwidth usage exceed the amount purchased for 2 consecutive months that their service contract may, at XFire Web's sole discretion, be increased to the next level of service if applicable that covers the current usage level and that XFire Web may assess additional fees for the use of the excess bandwidth each month usage exceeds the amount purchased. If the Customer extends in writing an acceptance of changing service levels within 10 days of any overage fee XFire will accept this as authorization to increase the level of service plan and will provide a 50% discount on any overage charges due.

         c. In connection with any Hosting Services, all backups of client data and XFire provided services, including but not limited to web site statistics and email are provided as-is and not guaranteed by XFire. The only exception is where a client pays for extended backup services as part of their contract for hosting.

Fees and Payment Customer will pay XFire Web the Service Fees in the manner set forth in the Order. XFire Web may increase the Service Fees in the manner permitted in the Service Description and at any time on or after the expiration of the Initial term by providing fourteen (14) days written notice to the Customer. Unless otherwise specified, invoices for the Service Fees and related charges shall be due and payable within 15 days after the date of the invoice. If any invoice is not paid within 45 days after the date of the invoice, XFire Web may charge a late fee of $15; in addition any amounts payable not paid when due will bear interest at the rate of one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. If XFire Web collects any amount due through an attorney at law or under advice therefrom or through a collection agency, Customer will pay all costs of collection, including, without limitation, all court costs and reasonable attorney's fees. If any check is returned for insufficient funds, XFire Web may impose a processing charge of $25.

Term and Termination Services will commence on the Effective Date indicated on the order and continue for the duration of the Initial Term. Thereafter, the Order will automatically renew for successive periods (i) of one month or (ii) as specified in the Service Description (with respect to contract customers) unless the Order is earlier terminated in accordance with its terms, or either party gives written notice to the other party of non-renewal at least 14 days prior to expiration of the then-current term. Any account cancelled within 45 days of opening the account is subject to reinstatement of applicable setup fees.

a.     Either party may terminate this Agreement immediately upon the occurrence of any one or more of the following events: (i) the other party fails to pay when due any amounts required to be paid under this Agreement; (ii) the other party breaches any material term or provision of this Agreement (other than a breach as described in subsection (i) above), and if capable of cure, such breach remains uncured 30 days after the non-breaching party gives written notice thereof to the breaching party; or (iii) the other party becomes insolvent, makes an assignment for the benefit of its creditors, institutes or becomes the subject to any proceeding under any bankruptcy or similar laws for the relief of debtors, or seeks the appointment of, or becomes subject to the appointment of, any trustee or receiver for all or any portion of such party's assests.

b.     XFire Web may terminate this Agreement (i) if the Services are prohibited by applicable law, or become impratical or unfeasible for any technical, legal or regulatory reason, by giving Customer as much prior notice as reasonably practicable or (ii) immediately by giving written notice to Customer, if XFire Web determines in good faith that Customer's use of the Services violates the Acceptable Use Policy.

c.     Upon termination of this Agreement where any breach of the Order was not by XFire Web, Customer shall still be responsible for the remaining scheduled fees in regards to the then-current term of the contract. If Customer terminates the Order in response to a breach of the Order by XFire Web, Customer shall accept as Customer's sole and exclusive remedy for XFire Web's breach of the Order, any Service Fees paid in advance by Customer hereunder attributable to Services not yet rendered as of the date of termination.

d.     Exceptions on termination. XFire Web may reject such request for termination so long as the Customer has a remaining unpaid balance on their account with XFire Web. Furthermore, XFire Web may place an account on hold, and place the domain, if registered through XFire Web on registrar-lock preventing its transfer to a different registrar in the event that the Customer has an unpaid past due balance on their account with Diversified Programming Enterprises LLC, a partner company of XFire Web, or any other company with a reseller account at XFire Web.

Domain Registration or Renewal Upon the customer's request and subject to the terms below, XFire Web will register or renew an Internet domain name for the customer with an ICANN approved registrar.

1. Customer acknowledges that the registration process and that its rights to any domain name registered by XFire Web are not being granted by XFire Web and are subject to the rules and regulations of ICANN, the applicable Registrar and applicable law.
2. Customer agrees to be bound by the terms of the applicable Registrar's then-current domain name policies and the policies of the national DNS registration authorities to which the Customer becomes subject upon registration of the domain name.
3. Customer represents and warrants that all information it provides to XFire Web in connection with its domain registration or renewal request will be true and correct.
4. XFire Web's sole responsibility will be to process the registration or renewal using the Registrar's provided mechanism. XFire Web will have no responsibility or liability for any loss, interruption of service, service errors, or loss of data caused by the Registrar.
5. During the transfer process of some domains the registrant information may be displaced with XFire information. This does not constitute a change of ownership. XFire will make every effort to update this in a timely manner, however, if the information remains as XFire past 14 days, please contact support so we can correct this immediately. This process is due to the new ICANN registrat that we are using and the way their reseller accounts and application programmer interface works.
6. If the Customer requests XFire Web to renew a prior registration of Customer for a domain name with a different Registrar than held the current registration, Customer agrees that it will designate XFire Web as the billing contact and be subject to all of the terms and conditions of such different Registrar.
7. Customer agrees to indemnify and hold harmless XFire Web for any loss of domain names, service interruptions, damage, liability or expense arising from the request for domain registration or renewal. Customer agrees that all information provided on the XFire Web Customer Control Panel is provided as-is and is not meant to replace checking with the registrar whois information, including Expiration dates provided on the XFire Web Control Panel, as such information can be unreliable.

(Last Updated March 29, 2003)