eXtremesurf users must read and agree to all terms and conditions below before signing up.

This agreement is meant to clarify the relationship between the "customer" also known as the "user" and The "company" eXtremesurf. The customer is to abide by these terms and conditions as long as the customer is using eXtremesurf's services.

Term

This Agreement shall be for the term specified on the Order Form (the "Initial Term"). This Agreement will be automatically renewed, at the end of the Initial Term, on a year-to-year basis unless either party provides sixty (60) days written notice to the other of termination of this Agreement prior to the end of the then current term. The Initial Term and all year-to-year extensions thereof are collectively referred to herein as the "Term" of this Agreement.

Billing

All periods of service must be prepaid by the customer. eXtremesurf will email invoices to the email address provided with signup. It is the customer's responsibility to notify eXtremesurf of any changes to their personal contact information on file. eXtremesurf will not extend payment deadlines due to failure to pay an invoice as a result of incorrect contact information. Hard copy invoices and statements can be requested on demand. Postage charges may apply.

Suspension or interruption of service for Non-Payment
In the event Customer's invoice becomes 14 days past due eXtremesurf may, in its sole discretion, suspend, interrupt or disconnect the Services. This includes removal of user accounts and files.

Credit card billings and transfers are handled by third party merchants. eXtremesurf does not handle credit card information or direct credit card billings and is not responsible for lost or stolen payment information. eXtremesurf will do it's best to correct any billing issues. Auction winners must leave feedback within 10 days to complete the payment and signup process. Failure to leave feedback will cause your accounts to be put on hold.

Technical

eXtremesurf reserves the right to designate and make changes in Company's rules of operation, including but not limited to, accessibility periods, Customer identification procedures, type of server and connection equipment, configuration and location of system and service equipment and content rules without notice.

Bandwidth and Disk space

Standard set bandwidth accounts are provided with the bandwidth listed when they sign up. eXtremesurf may change this bandwidth limit at any time and will notify the customer of any changes to their plan. Users who go over their bandwidth limit are subjected to billings of $2/Gig over the monthly limit described. Bandwidth not used in a previous month is not carried over to the next month or any month thereafter. In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms. eXtremesurf provides the space and transfer limitations in good faith to our Customers so that they may create their Websites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate Web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:
Customer's site must use and store only the information and data that relates to the Website, at the IP address provided by eXtremesurf. Customer may not resell or give away Web space under a domain name, nor may Customer build Websites that house "sub domain" Websites on behalf of other companies, groups or individuals without a reseller account. Customers who wish to resell eXtremesurf's Web space should utilize eXtremesurf's Reseller Program or purchase additional accounts for each new individual. A Customer may not use the customer's Website to store Web pages, files or data for other IP addresses or domain names, nor may a customer use its Website as a repository for file, data or "Warez group" download transfers. eXtremesurf reserves the right to make this determination, in its sole and absolute discretion. eXtremesurf's "unlimited traffic” and “unlimited storage" offer is to provide eXtremesurf's customers with storage space and bandwidth for active Web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large gallery or archives of images, compressed files, web cams linked from external sites, movies, sound files, or PC backups. When using an unlimited account, All HTML pages MUST be linked to files (HTML, .jpg, .gif, .avi, .mpg, etc.) stored on eXtremesurf's server and vice versa. eXtremesurf may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of eXtremesurf clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of eXtremesurf unlimited storage or traffic plan in any other way, will, at the discretion of eXtremesurf , have their sites canceled and/or removed from the servers without notice or refund and may have service charges assessed at the discretion of eXtremesurf. Users who violate our strict unlimited bandwidth policy will be removed on their first violation. Monthly customers paying for fixed bandwidth are not bound by the terms marked for unlimited bandwidth usage. eXtremesurf will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies.

Ownership

Customers of eXtremesurf will in no way claim ownership of machine services, system utilities, shell access or IP addresses provided. eXtremesurf does not work for the customer. The use of eXtremesurf services are a privilege, not a right.

Backups and Limitation of Liability

The customer is responsible for retaining separate backups off of eXtremesurf's services. eXtremesurf does not guarantee the safety of data on it's services. The customer must assume by uploading a file it will be made publicly available. eXtremesurf may take backups or transfer user's files to a 3rd party machine. eXtremesurf is in no way liable for data loss, loss of sales or loss of security for services provided.

Acceptable Usage:

Spamming

Any form of unsolicited e-mail or mass posting on web or usenet or other services is defined as Spamming. Customers of eXtremesurf are not allowed to use our services or include any addresses (such as URLs, e-mail addresses and site names hosted eXtremesurf's services) in any form of unsolicited e-mail. eXtremesurf holds the right to cancel accounts for spamming at it's discretion. eXtremesurf may disable access to SMTP (outgoing) email and charge a $500 cleanup fee at it's discretion.

Content

eXtremesurf tries to allow a no content restrictions policy for it's members. This allows users to store file types with any extension or media type. In order to provide this we must lay a few ground rules for abuse and pass on rules we are bound by from upstream providers. Files you upload still must meet copyright and bandwidth terms listed here.

Infringing or misappropriating the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities are not allowed on eXtremesurf's services. Users are to build their websites with caution and only store and use content that they are the soul author of or have written permission from the original author.

eXtremesurf does not allow it's customers to put up sites or send e-mails containing information or files on:
Pornography, Photo galleries containing people in underwear or swimsuits, Hate material or material that discriminates a race, religion or sex, warez and hacking - cracking - phreaking, Mp3 sites that infringe on copyright laws, Multi Level Marketing (MLM), Pyramid schemes and Spamming and anything that violates state or provincial laws.

Sites that promote or distribute material for hacking, virus or trojan creation and general denial of service attacks are forbidden on eXtremesurf's machine(s). This also includes using eXtremesurf's service in such attacks and distributing instructions or material for such services via email. Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Customers are not allowed to export encryption software over the Internet or otherwise, to points outside the United States that violate laws in any country.

Customers are not allowed to use eXtremesurf's services to advertise, transmit, store, post, display, or otherwise make available child pornography, adult material or obscene speech or material. eXtremesurf is required by law to notify law enforcement agencies when it becomes aware of the presence of Illegal activities involving it's machines.

eXtremesurf does not allow it's customers to link or provide directions to such content listed above in the 'content' section on their websites.

eXtremesurf reserves the right to decide what's acceptable on it's machines and to change the above list.

eXtremesurf can not be held responsible for the content of customer/user's websites or contents of services provided. All customers are expected to abide by content rules. eXtremesurf reserves the right to remove web or email content or accounts at it's discretion without notice. The billing contact for the account is responsible for the content others uploads and post on his/her site. All content on the servers are subjected to review by eXtremesurf personal. By agreeing to this contract you agree to have your accounts under review at eXtremesurf's discretion. Subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within these terms.

Cancellation

Cancellation of your services or having force cancellation by eXtremesurf will not be issued refund unless noted by eXtremesurf. Removing sites from the system could take up to 1 (one) week and include all users, websites, database users and all files. Cancellation or set account removal deadlines will not be extended. Accounts violating the terms in this agreement will be cancelled unless otherwise noted by eXtremesurf. Refunds made by extremesurf will not include portions of service periods already used by the customer. Accounts with a 30 day money back guarantee are the exception to this refund rule and allow a full refund if the customer has not violated policies listed here.

Expenses of Enforcement

In the event the Customer fails to pay undisputed portions of invoices when due or if the Customer or Company breaches this Agreement, and either party is required to engage legal counsel for purposes of enforcing the terms of the Agreement or collecting outstanding invoices, then the breaching party shall be responsible for all reasonable legal fees, expenses, and court costs finally awarded by a court of competent jurisdiction in a proceeding from which no appeal is taken.

Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. Unlimited users may not share or create accounts to give other people access to the account to upload or edit files. Doing so will cause immediate account removal without notice or refund. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Authority

Customer and eXtremesurf each represent and warrant that they have the authority to execute this agreement, and shall indemnify the other Party for any lack of such authority.

Execution of agreement

By signing up, you agree to these terms and conditions listed above. All users are given the chance to review the Terms of Service either by a link, instructions on an auction or on the signup form. If any part of this agreement is found to be unbounding reamining policies still apply. Users who have signed up without reading the Terms of Service are considered to be in violation of the terms and will be removed from eXtremesurf's services or placed on hold until agreed to these policies.