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Terms of Service

Customer agrees to the following terms of service:

  1. Term and Termination: Customer agrees to a month to month or year to year contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Firelit Design, LLC ("Firelit"), may terminate this Agreement upon non-payment as set forth in paragraph 7 below. At its sole discretion, Firelit, may terminate this Agreement if Customer violates the acceptable use policy in paragraph 16.
  2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date ("Anniversary Billing Date") for all future billings. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date.
  3. Yearly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the Anniversary Billing Date for all future billings. Fees are due in advance of the yearly service cycle and will be billed on the anniversary date.
  4. One Time Fees: One time fees, such as design fees, setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred.
  5. Cancellation: All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
  6. Refunds & Disputes: All services rendered by Firelit, are non-refundable. This includes, but is not limited to: design fees, setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors should contact Firelit, via the website http://www.firelitdesign.com/. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys' fees, court costs and collection agency fees) incurred by Firelit, in enforcing collection.
  7. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly or yearly anniversary date is a violation of the TOS. Failure to remit payment for five (7) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Failure to remit payment for services within fourteen (14) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
  8. Data: Firelit, agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention.
  9. Permitted Use: By accepting the Terms of Service, Customer agrees to use Firelit's services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF FIRELIT'S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, Firelit reserves the right to immediately terminate Customer's account and will pursue any and all legal remedies available.
  10. Laws: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN DALLAS, TEXAS AND PASADENA, CALIFORNIA, UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTURED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE LOS ANGELES COUNTY, PASADENA, CALIFORNIA. EACH PARTY IRREVOCABLY CONSENTS TO THE FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
  11. Indemnification: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS FIRELIT, FIRELIT'S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS' FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
  12. Limitation of Liability: FIRELIT SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. FIRELIT SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF SERVICE, THE MAXIMUM AGGREGATE LIABILITY OF FIRELIT AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
  13. Arbitration: Any controversy or claim arising from service or related to this Terms of Service or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
  14. Legal Compliance: By accepting this Terms of Service, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least 18 years of age or older and are not otherwise legally incapacitated to execute this Agreement.
  15. Electronic Signature: Acceptance by Customer of the Terms of Service and Privacy Policy hereby initiates billable services and is deemed complete by agreement to the terms as described herein and commencement of services.
  16. Acceptable Use Policy: The purpose of this AUP is to inform all Customers of unacceptable, anticipated Customer use. Due to the myriad of possibilities in maintaining multiple websites and services, this AUP is intended to act as a guideline to service and not to be all encompassing. UNSUITABLE uses of Firelit services include, but are not limited to, those that:
    • Disrupt services to other Firelit customers
    • Disrupt Firelit services and/or are fundamentally at odds with the purposes or services of Firelit
    • Store or use any kind of spamming software
    • Operate mailing lists (e.g., mailman, majordomo, PHPlist, etc.) (we recommend that you use a service like icontact.com or constantcontact.com for this)
    • Contain sexually explicit, adult or pornographic materials
    • Contain hate/violent/offensive content
    • Promote illegal activities or otherwise violate any applicable laws
    • Violate any intellectual property rights
    • Promote or link to online/offline Casinos or gambling
    • Try to gain shell access or to run system command lines
    • Are directly related to the use of bit torrents
    • Serve files or services to another domain name
    • Provide proxies
    • Attempt to gain unauthorized access to any service or server (e.g., hacking, password cracking, IP spoofing, etc.)
    • Promote, engage in or support fraudulent activities or misleading business practices
    • Promote or supports terrorist activities
    Please contact Firelit directly in order to find out if the Customer's use of Firelit's services are in violation of the Acceptable Use Policy.