FOXXNET DISCOUNT WEB HOSTING TERMS AND CONDITIONS OF HOSTING SERVICE.

Foxxnet web hosting will provide site hosting services to individual account holders in exchange for payment of fees and compliance with the terms and conditions of this document, which includes the ACCEPTABLE USE POLICY.

PAYMENT OF WEB HOSTING FEES

Service payments will be submitted in advance of receiving services and must be paid in full before the transaction will be considered complete.

Payments due on the first of the month will be sent to the account holder on or about the 25th. of the month before the due date. Payment is due upon receipt of our invoice by e-mail and chargeable to your credit card within 24 hours.

Credit card chargebacks will be billed at the rate of $15.00 for each occurence. We don't get this money. This is what the bank charges to us for chargebacks.

We will charge your credit card every month until you notify us in writing to stop. By filling out our E-mail form with your personal and credit card information, and submitting this form to Foxxnet, you are agreeing to allow Foxxnet Web Hosting to charge your credit card every month for continuing hosting services until you notify Foxxnet of cancellation. You agree to allow Foxxnet Discount Web Hosting to charge your card every month until you notify us to stop. Other payment arrangements may be made on an individual basis. "In writing" also includes by E-mail, but the request must come from the E-mail address we have on file for your account.

The account holder must notify Foxxnet Web hosting in advance of payment due if a credit card is no longer valid for any reason, and submit new credit card information to continue uninterrupted site hosting services.

Delinquent accounts are those that remain unpaid by the due date.

If no "other" arrangements have been made with Foxxnet web hosting, and the account is delinquent by the due date, Foxxnet Web hosting may at its discretion terminate any portion or all of the site hosting services provided with no liability.

A terminated account, at the discretion of Foxxnet web hosting, may or may not require a $10. set up fee for reconnection of site hosting services.

Foxxnet web hosting may bill for "extra" bandwidth if more was used than was paid for in advance.

Changing passwords will be free the first request. Subsequent changes will be billed at the rate of $2.00 per change.

TERMINATION OF WEB HOSTING SERVICES

Cancellation requests by web hosting accounts must be received by e-mail, fax, or postal service. Such requests must be received no later than 10 days prior to the end of the payment cycle upon which the cancellation will take effect. If the cancellation notice arrives to Foxxnet web hosting with less than 10 days remaining in the billing cycle, termination will take affect 10 days from the receipt of notice to cancel. This may be done by e-mail to Foxxnet Web Hosting. Acknowledgment from Foxxnet must be received by the client. Sometimes, e-mails don't get delivered for various technical reasons. It is the responsibility of the client to be sure Foxxnet Web Hosting has received his notice to quit. If the client does not receive acknowledgment from foxxnet, it is the responsibility of the client to contact us again. The client may also contact us by phone (415-892-5571) but written notice must also be given.

Site hosting for the last month of service, will be billed for actual bandwidth use for the full month, (or the minimum use rate, whichever is greater,) or the site will be closed when the pre-paid bandwidth has been fully used.

LEGAL STUFF

As provided by United States federal law and by International treaties, copyrighted materials (e.g.., images, text, and programs) may not be uploaded using Foxxnet Web hosting services without the permission of the copyright holder. Copyright material may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others.

The account holder agrees to use the services provided by Foxxnet Web hosting as permitted by applicable state and federal laws. The account holder agrees, therefore, not to use these site hosting services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.

The account holder acknowledges that Foxxnet Web hosting makes an honest effort to keep the information available on Foxxnet's system accurate. However, Foxxnet Web hosting can make no warranty of any kind, either expressed or implied.

The account holder agrees to indemnify and hold Foxxnet Web hosting harmless from any claims, including attorney's fees, resulting from the account holder receiving Foxxnet site hosting services which cause direct or indirect damage to another party.

Violations of the Foxxnet Web hosting conditions of use are unethical and may be criminal offenses. You are expected to report to Foxxnet Web hosting any information you may find concerning instances in which the conditions of use have been or are being violated.

Anyone accepting hosting services from Foxxnet Web hosting agrees to indemnify and hold Foxxnet Web hosting harmless from any claims, either by the account holder or any other claimant.

Force Majeure.Foxxnet Web Hosting will be excused from performance under any agreement to the extent that performance is prevented by any act of God, war, civil disturbance, court order, acts or regulations of governmental bodies, labor disputes or strikes, failure or loss of supply or market, failure of a third party's performance, failure, fluctuation or non availability of electrical power, heat, light, air conditioning or telecommunications equipment, other equipment failure or similar event beyond its reasonable control.

ABUSE OF WEB HOSTING SERVICE

Depending on the severity and number of abuses, the user may receive an E-mail warning or have their account suspended by Foxxnet Web hosting.

All scripts or software that require uploading to the Foxxnet Web hosting server must be approved by Foxxnet Web hosting prior to uploading for compatibility revue.

UCE or "Spamming" may be grounds for discontinuing service, depending on the severity of the abuse and or complaints resulting from this activity.