Web Hosting Terms of Service

Netfire Design reserves the right to change this Policy any time, so please, check this page periodically or when in doubt.

Definitions

1. "We", "Us", or "Our" refers to any representative or employee acting on behalf of Netfire Design Co.
2. "You" or "Your" refers to the person purchasing any of Our Services, or any member of Your staff acting with authority over Your account.
3. "Services" refers to any Services rendered to You by Us.
4. "Servers" refers to Our computer hardware, software, and equipment used to render the Services.
5. "Terms of Service" or "Agreement" refers to this document and all of the conditions listed on this page.
6. "Welcome Letter" refers to the initial email You receive from Us that explains how to login to Your account on Our web site.

Domain Name Registration

1. When You register for web hosting Services, Our standard procedure is to register the domain name for You. A whois query will show the domain to be registered to Us. You will still retain ownership of the domain, and You have the right to request the domain to be transferred into Your name. This will include changing the username and password to whatever You wish, and also changing the contact information to reflect Your information instead of Ours.
2. If You wish to change any specifications of Your domain name records, including Your username and password or billing or technical contact information, You are free to do so by contacting Us with a request to make changes.
3. Any fees paid by You to Us for registration of a domain name will be non-refundable.
4. We shall not release any domain name to another provider, naming authority or any other person unless You have provided Us with Your prior written consent.
5. If You choose to have Your domain name renewed manually, as defined in Your account profile, We will contact You and request instructions via email approximately one month prior to the renewal date. If We do not receive payment from You before the due date, the domain name will NOT be renewed and it will return to the custody of the registrar.
6. If You choose to have Your domain name renewed automatically, as defined in Your account profile, You authorize Us to deduct payment from Your debit or Your credit card approximately one week prior to the renewal date and send You a receipt via email showing the charge.
7. If You do not select credit card billing for Your account, We will send You an invoice via email approximately one month prior to Your domain name renewal date. If You fail to pay Your renewal fees before the due date, the domain name will not be renewed and it will return to the custody of the registrar.

Acceptable Use Policy

1. You will not employ programs on Our Servers which consume excessive system resources including, but not limited to, CPU, bandwidth, and memory. We reserve the right to determine what programs are using excessive resources. If We determine that You are responsible for such a program, We will make an attempt to notify You and reserve the right to either deactivate or delete the program at Our discretion.
2. If You exceed Your allotted disk/bandwidth usage as described in Your purchased plan, You will be contacted by Our staff and asked to remedy the problem. Failure to comply with Our requests may result in Suspension of Your account.
3. We reserve the right to remove any material which We deem inappropriate from Our Servers at any time, however We will make an effort to contact You prior to removal so that You are aware of such an infraction.
4. You shall make no use of Our Servers which is detrimental to Our other customers or Our Servers as defined by Us in any way.
5. You agree that all email You transmit using Our Servers is sent in accordance with any federal or state laws that are applicable.
6. Any unsolicited commercial email (SPAM) sent using Our Servers, by You or Your staff, or any such message that advertises or mentions a site hosted on Our Servers, is expressly prohibited.
7. We do not allow mass email marketing sites on Our Servers, including opt_in marketing. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that We consider harmful to the Server's performance.
8. If Your domain is involved in spamming activities, and Your account is subsequently Terminated, You are not entitled to a refund.
9. All Services provided by Us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. You agree to indemnify and hold Us harmless from any claims resulting from the use of the service which infringes on any other party.
10. Pornography is prohibited on Our Servers. This includes sites that may infer sexual content, or links to adult content elsewhere. We will be the sole arbiter in determining violations of this provision.
11. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Our Servers or any other server on the internet. Links to such materials are also prohibited. We will be the sole arbiter as to what constitutes a violation of this provision.
12. Examples of unacceptable content or links
    • Pirated software
    • Hacker programs or archives
    • Warez sites
    • Online gambling

Payment

1. All charges payable by You for the Services We render shall be in accordance with the prices listed on Our web site and shall be due and payable by You prior to Services rendered.
2. We reserve the right to change the price of Your account plan at any time, although written notice will be provided to You prior to any such changes.
3. Payment is due at the frequency specified in Your account profile and shall continue to be due at that frequency until closure notice is given, received and acknowledged by Us.
4. If You choose to pay by credit or debit card You authorize Us to debit Your account renewal fees from Your credit or debit card. Such fees will include payment for Services or registration of domain names.
5. All payments must be made in US Dollars.
6. Any sum payable to Us that is not paid on or before the due date shall warrant the Suspension or Termination of Your account.

Termination

1. If You violate any of the Terms of Service listed on this page, We shall be entitled to Suspend the Services and/or Terminate this Agreement, but We will endeavor to contact You and explain the reason before such actions are taken.
2. By violating the terms of service listed on this page, You are not entitled to any refund.
3. You may Terminate Your Services with Us at any time by contacting a member of Our staff and requesting cancellation of Services. In the event of Termination, You will a be entitled to a prorated refund based upon the remaining period of membership. Your account will not be considered closed until You receive a confirmation email from Us stating that We have successfully closed Your account.
4. We reserve the right to Suspend the Services and/or Terminate this Agreement at any time. In the event of Termination, You will a be entitled to a prorated refund based upon the remaining period of membership.
5. During the first 30 (thirty) days of service, You are entitled to a full, no-questions-asked, refund of fees paid with the exclusion of domain name registration fees. You will not be entitled to a refund on this basis if You have previously had an account with Us under any plan or service.
6. You must allow 30 (thirty) days for refund payments to be processed. If You have not received Your refund within this time allotment; please contact Us.
7. Where payment has been made by credit or debit card, any refund issued will only be issued to the same credit card or debit card. All other types of payment will be refunded in the form of a check, payable to You.
8. On Termination of this Agreement We shall be entitled to immediately delete/deactivate all data pertaining to Your account, including:
   
   • files pertaining to Your web site
   • undelivered email messages still remaining on Our Servers
   • MySQL databases pertaining to Your web site
   • all backup copies of Your data
9. We reserve the right to Suspend Your Services at any time for any reason, but if such suspension lasts, or is expected to last, more than 24 (twenty-four) hours, We will endeavor to contact You and explain the reason.

Limitation Of Liability

1. Our total liability to You for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by You in respect of the Services which are the subject of any such claim.
2. In any event no claim shall be brought unless You have notified Us of the claim within one year of it arising.
3. In no event shall We be liable to You for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
4. You shall keep secure any identification, password and other confidential information relating to Your account and shall notify Us immediately of any known or suspected unauthorized use of Your account or breach of security, including loss, theft, or unauthorized disclosure of Your password or other security information, including credit or debit card information supplied in Your account profile.
5. You are responsible for maintaining adequate insurance coverage with respect of any loss or damage to any data stored on Our Servers.
6. We will use every reasonable means at Our disposal to ensure the integrity and security of Our Servers, but We make no guarantee that Our Servers will be free from unauthorized access and We shall be under no liability for any loss of data or Services due to such an event.
7. We shall use every means at Our disposal to ensure that Our Servers available to You at all times, but We shall not, in any event, be liable for interruptions of service or down-time of the Servers.
8. You agree to defend, indemnify and hold Us harmless against any liabilities arising out of:
   
   1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Our Servers.
   2. Any material supplied by You infringing or allegedly infringing on the proprietary rights of a third party.
   3. Any defective products sold to You using Our Server.
   We shall be the sole judge of what constitutes a violation of these Terms.
9. Full backups of Your data are created nightly. No guarantees are made of any kind as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of Your web content.

Support

1. On Our web site You will find links to all the information needed to get Your web site and account features operational. All information pertaining to Your account, including important URLs and login information, should have been included in the Welcome Letter You received when We created Your account. If You did not receive a Welcome Letter email, please contact Us.
2. The support provided under this agreement is limited to resolving issues pertaining to the features described on Our web site. If You require more advanced support, We can offer You assistance at a price of $60 (sixty) US dollars per hour of service, billed in 15 (fifteen) minute increments of $15 (fifteen) US dollars each. We reserve the right to waive this fee at any time.
3. Support can only be addressed in the English language.
4. Any abuse towards Our support staff will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Us or otherwise utilizing Our support system, You will refrain from cursing, yelling, or other disruptive behavior.
5. Any threat; whether verbally, orally, written, or delivered by another party and directed towards Us or any of Our employees, partners, equipment, and concerns shall be construed as a violation of this Agreement.
6. It is Your responsibility to create and develop Your website. We shall not be responsible for creation or development of Your website unless You have paid for an enhanced support agreement. Contact Us for details.