After the initial thirty days of service, each customer is committed to the remaining time on the service they purchased and no refunds will be given. Xtreme Net Designs, Inc. does not require that you finish off each term and you are free to close your account at anytime without any additional charges or fees. However, Xtreme Net Designs, Inc. will not pro-rate any return for unused service. For example, if you have an account that you are paying for monthly and you decide to close it a few days after your last payment, you will not be issued any refund, whether in full or pro-rated. By using Xtreme Net Designs, Inc., you understand and agree to this billing term. You also understand that while no refund will be issued, you are always free to keep your account open for the full amount of time you have paid for.

4) CANCELLATIONS:

Almost all web hosting, E-commerce plans include a 30-day money back guarantee. If for any reason our services haven't exceeded your standards, please let us know within the first 30 days of account activation and we will refund the money paid for that first month of service minus set-up fees and overage charges. Set-up fees are refundable only if the account order is canceled prior to activation. For web hosting contracts of 3 months or longer, the full contract amount less any set-up fees and overages will be refunded if Xtreme Net Designs, Inc. is notified within the first 30 days following activation. No refund is available after the 30th day. Due to security concerns (such as fraudulent cancellations), all account cancellations must be done through our cancellation form via your Control Maestro™ Panel. E-mail requests and phone calls will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation.

5) CONTENT:

You will not in any way use html, java or perl code that will result unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of Xtreme Net Designs, Inc. is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. Xtreme Net Designs, Inc. does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not conform to these requirements. Xtreme Net Designs, Inc. reserves the right to terminate any account, for any reason, without prior notice or warning.

6) E-MAIL:

You will not send out advertising e-mail, unsolicited bulk e-mail (UBE) or Spam, nor do anything that will result in excess mail traffic. You will not use your E-mail account to receive large files or programs over 5 MBs in size. Unsolicited advertising via e-mail or newsgroups is prohibited and will result in immediate account termination without compensation. Spamming, including (but not limited to) mass e-mailing, cross posting, or otherwise causing abuse to others on the Internet is prohibited and will be grounds for account termination without compensation. If you use the services of another provider to promote a web site hosted by or through Xtreme Net Designs, Inc., then the provisions of the above Policy shall apply as if the unsolicited e-mail were sent through our servers.

NOTE: Any accounts caught Spamming, or running Spam scripts, will be charged a $100 clean-up fee.

7) FILTERING/SPAM PREVENTION:

Xtreme Net Designs, Inc. uses two filters on all shared servers to help reduce the amount of Spam our users receive. Xtreme Net Designs, Inc. has chosen ORDB.org, which is the Open Relay Database, and www.spews.org. ORDB.org is a non-profit organization which stores IP-addresses of verified open SMTP relays. These relays are, or are likely to be, used as conduits for sending unsolicited bulk email, also known as Spam. By using Xtreme Net Designs, Inc., you understand and approve of such filtering. You understand that any person attempting to e-mail you from a server in the Open Relay Database or SPEWS database will be returned to the sender. If you do not want your service subject to such filtering, then you understand you are free to host your site elsewhere. For more information on ORDB.org, please click here. For more information on SPEWS.org, please click here.

NOTE: Xtreme Net Designs, Inc. will open up IP Addresses if we feel the IP Addresses were added to the third party database erroneously. You will need to contact us and tell us the IP Addresses.

8) ILLEGAL ACTIVITY:

Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. Xtreme Net Designs, Inc. reserves the right to report all such activities.

9) ACCESS:

Access to our servers is for the express purpose of setting up and managing your web site and e-mail. You are not to use the access to compile or run programs that do not directly relate to the web site. You will not view or attempt to modify files that do not belong to you. It is a crime to access any information in the non-public part of a computer regardless of damage or security of the information. Any actions construed to be negligent or malicious attack is strictly prohibited.

Under no circumstances may more than one person log in to any dial-up account at any one time. Violators will be billed as separate accounts and will be subject to immediate account termination without warning and without any refund of unused services.

10) RESOURCE USAGE:

Xtreme Net Designs, Inc. enforces a strict policy on resource use that all accounts must abide by. In order to keep our servers running at optimal levels, any sites running a process that requires more than 8Mb of memory, more than 30 CPU seconds, or uses more than 10% of all available system resources at any time will be required to move up to a dedicated solution or be hosted elsewhere. Web sites requiring the following are also limited and may not even be allowed at all:

• High CPU-use CGI Scripts - CGI script sharing with domains not hosted by Xtreme Net Designs, Inc. is not permitted. Any CGI-scripts deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. If your web site has been shut down at another web host for high CGI resource use, you will certainly be shut down here as well. We will not allow a user's web site to affect the other web site owners on our servers.
• CGI-based Chat Rooms - Xtreme Net Designs, Inc. does not allow customers to install their own CGI-based chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. Xtreme Net Designs, Inc. does offer Java-based chat for its customers for an additional fee.
• CGI-based Forums - Xtreme Net Designs, Inc. does not allow customers to install their own CGI-based Forums. YaBB and Ultimate Bulletin Board Forums tend to require significant system resources and therefore cannot be permitted. Xtreme Net Designs, Inc. recommends vBulletin or phpBB.
• Background Running Programs and Cron Jobs - Xtreme Net Designs, Inc. may allow programs to run in the background. These programs will be considered on an individual basis. Customers will not be allowed to execute a cron more then once per hour with Xtreme Net Designs, Inc.. If you wish to run background programs please contact us so that we can arrange set-up.
• IRC - Xtreme Net Designs, Inc. does not allow IRC or IRC bots to be operated on our servers.
• Webcams - Xtreme Net Designs, Inc. does not allow web-cams to be refreshed more then once in a 5 minute period. If you require a refresh rate quicker then 5 minutes, you will need to host your site on a Virtual Dedicated Server.
• Hotlinking - Xtreme Net Designs, Inc. does not allow hotlinking of any kind (whether hosted by Xtreme Net Designs, Inc. or hosted elsewhere). This includes using your site to host images or content that is being used in HTML e-mails sent in bulk.
  

11) UNMETERED BANDWIDTH POLICY:

The purpose of the Xtreme Net Designs, Inc. unmetered bandwidth policy is to assure owners of standard operating web sites and small businesses that they will not be surprise billed for bandwidth usage. It is one less thing someone will need to worry about while hosting their web site at Xtreme Net Designs, Inc.. The Xtreme Net Designs, Inc. unmetered bandwidth policy does not cover certain web sites. These include the following:

If you are planning on using our servers to host one of these sites, Xtreme Net Designs, Inc. will allow for 10 GBs of transfer per month. You will be billed $10.00/10 GBs/mo thereafter. All other accounts for personal and small business are allowed unmetered bandwidth. If you adhere to our Terms and Conditions of Use Policy and run a standard web site, you will be covered under the unmetered bandwidth policy. (99.9% of all Xtreme Net Designs, Inc. hosted web sites enjoy unmetered bandwidth usage.) Accounts that do not follow our Terms and Conditions of Use policy are classified as metered bandwidth accounts and will be billed accordingly.

12) 99.9% UPTIME GUARANTEE:

(1.) Coverage - This 99.9% Uptime Guarantee applies to any Xtreme Net Designs, Inc. client in good financial standing with Xtreme Net Designs, Inc. at the time of a service outage.

(2.) Service Level - Xtreme Net Designs, Inc. endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time.

(3.) Credits - In the event that your web site is not available for more than 99.9%, Xtreme Net Designs, Inc. will credit the following month's service fee as follows. For any client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to the Xtreme Net Designs, Inc. Billing Department. The body of this message must contain your account number, the dates and times of the unavailability of your web site, and such other customer identification requested by Xtreme Net Designs, Inc.. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions - Credits shall not be provided to you in the event that you have any outage resulting from; (i) scheduled maintenance as posted from time to time at Xtreme Net Designs, Inc.; (ii) your behavior or the performance or failure of your equipment, facilities or applications; (iii) circumstances beyond Xtreme Net Designs, Inc.' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site; or (iv) a client breaking any item in Xtreme Net Designs, Inc. Terms and Conditions of Use policy causing a machine to fail as a result. Dedicated Server customers are only guaranteed 99.9% uptime for network connectivity, not server performance.

13) 24-HOUR TROUBLE TICKET RESPONSE TIME GUARANTEE:

(1.) Coverage - This 24-Hour Trouble Ticket Response Time Guarantee applies to any Xtreme Net Designs, Inc. client in good financial standing with Xtreme Net Designs, Inc. at the time of the trouble ticket submission.

(2.) Service Level - Xtreme Net Designs, Inc. endeavors to have all trouble tickets opened with the Control Maestro™ Panel responded to within 24 hours after initial submission.

(3.) Credits - In the event that your trouble ticket is not responded to within 24 hours, Xtreme Net Designs, Inc. will credit your account $10.00 USD per incident. In order for you to receive a credit on your account, you must request such credit within seven (7) days after you notice the break in the guarantee. You must request credit by sending an electronic mail message to the Xtreme Net Designs, Inc. Billing Department. The body of this message must contain your account number, the date, the time and the trouble ticket number, and such other customer identification requested by Xtreme Net Designs, Inc.. Credits will usually be applied within thirty (30) days of your credit request. Credit to your account shall be your sole and exclusive remedy.

(4.) Restrictions - Credits shall not be provided to you in the event that you do not have a response within 24 hour resulting from (i) scheduled maintenance as posted from time to time at Xtreme Net Designs, Inc., and/or (ii) circumstances beyond Xtreme Net Designs, Inc.' reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to respond to trouble tickets.

14) TRADEMARK AND COPYRIGHTS:

You hereby agree and warrant that any material submitted for publication or use through your account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful, and you indemnify Xtreme Net Designs, Inc. as to the same.

The Digital Millennium Copyright Act ("DMCA") sets forth the requirements for valid copyright infringement notification. Xtreme Net Designs, Inc. takes all allegations seriously and will investigate each notice immediately. Once Xtreme Net Designs, Inc. receives your infringement notice, we will notify the web site owner that they will have 24 hours to either (i) take down or remove the disputed material, or (ii) provide a counter-notice. Xtreme Net Designs, Inc. still reserves the right to remove or take down material immediately without any prior notice.

If you would like to notify Xtreme Net Designs, Inc. of an infringement of your copyright, the DMCA requires that you:

• Send your notification to Xtreme Net Designs, Inc., You may use one of the following two avenues for this notification:
  
  1. Fax to: Xtreme Net Designs, Inc., Attention: Abuse at (775) 295-7916
     
  2. Mail or courier to: Xtreme Net Designs, Inc., Attention: Abuse, 98-288 Kaonohi Street, Suite 403, Aiea, HI  96701-2355
     
     
• Include in your notification the following information
  
  1. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant")
     
  2. Identification of the copyrighted work(s) claimed to have been infringed.
     
  3. Identification of the material claimed to infringe the copyright(s), and enough information for Xtreme Net Designs, Inc. to locate it.
     
  4. The Claimant's name, address, and telephone number(s).
  5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
     

17) ACTIONS TAKEN :

The failure by a customer to meet or follow any of the Terms and Conditions of Use is grounds for account termination. Xtreme Net Designs, Inc. will be the sole arbiter as to what constitutes a violation of the Terms and Conditions of Use. Xtreme Net Designs, Inc. reserves the right to remove any account without prior notice.

When Xtreme Net Designs, Inc. becomes aware of an alleged violation of its Terms and Conditions of Use, we will initiate an investigation. During the investigation, Xtreme Net Designs, Inc. may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Xtreme Net Designs, Inc. may, at its sole discretion, restrict, suspend, or terminate a customer's account and/or pursue other civil remedies. If such violation is a criminal offense, Xtreme Net Designs, Inc. will notify the appropriate law enforcement authorities of such violation.

Xtreme Net Designs, Inc. does not issue credits for outages incurred through service disablement resulting from Terms and Conditions of Use violations. Xtreme Net Designs, Inc. does not issue refunds for accounts terminated for Terms and Conditions of Use violations.

18) WARRANTEES: