This Extreme Programming Terms Of Service agreement (hereafter referred to as the "TOS") lays down the terms and conditions by which Extreme Programming's Services (hereafter referred to as the "Services") will be provided to you upon registration. The TOS also describes prohibited uses of the Services. This TOS is not exhaustive and Extreme Programming reserves the right to modify it from time to time, effective when posted at www.extremeprogramming.com. No verbal or written agreement/statement by any Extreme Programming employee or at Extreme Programming's website will take precedence over the TOS.

On registering for and using the Services, you the Customer agree to all the terms and conditions of the TOS, as modified from time to time, in its entirety. Violation of the TOS or any such action that Extreme Programming deems inappropriate may result in the termination or suspension of the Services for the Customer. Service is also subject to disconnection for any violations of the TOS or AUP of or nonpayment for services provided by any other WebCom Resources, LLC companies. Use of Extreme Programming's Service constitutes acceptance and agreement to Extreme Programming's TOS as well as Extreme Programming's AUP (Acceptable Use Policy).

The Services purchased by the Customer will be in the form of a specific Service Plan. Each Service Plan outlines the features, resources and storage that Extreme Programming will provide to the Customer for the stated Service Fee. Each Service Plan along with their features, resources, storage and Service Fee are defined at www.extremeprogramming.com. Extreme Programming has the sole right to determine how the features, storage and resources under each Service Plan are interpreted and how they will be provided to the Customer. The Customer must clarify any questions about the Service Plan he or she wishes to purchase with Extreme Programming before registration. The Service Plan will be provided to the Customer in the form of a Service Account, which would allow the Customer to manage and use the features, resources and storage stated in the chosen Service Plan. All prices mentioned in the TOS and at www.extremeprogramming.com are in US Dollars (USD)

While registering for a Service Plan, the customer may choose a Billing Period (also know as Payment Term) of 1 Month, 3 Months, 6 Months or 1 Year. All Service Accounts are setup on a pre-pay basis. Upon the start of each Billing Period, the Customer will be charged the Service fee for the duration of the Billing Period. There may be additional charges according to our Overage Policy if any additional resources, features or storage is purchased or used by the Customer under the chosen Service Plan (which were not otherwise included for free). The Billing Period will renew itself automatically on termination unless the Customers chooses to cancel his or her Service Account (according to the Cancellation/Refund Policy)

Payments

All charges will be debited against the Customer's balance maintained by Extreme Programming. The customer is required to clear his or her balance within 7 days by the chosen Payment Mode (selected during registration). If the customer's chosen payment method is Auto Pay, Extreme Programming would attempt to charge the credit card number provided by customer (upon or after registration) automatically. For all other purchases (i.e. purchases from PayPal.com as well as by Check), customer must manually pay following payment procedures defined by Extreme Programming.

Failure of customer to pay manually or for Extreme Programming to charge customer's credit card (due to any reason, in particular in case of an invalid credit card number or credentials) would lead to Service Account suspension. The Customer's Service Account would only be resumed when the customer clears his or her balance and pays for the Service Fee for the duration of the next Billing Period as well.

If the Customer does not pay his or her balance within 14 days after Service Account suspension, Extreme Programming reserves the right to terminate the Customer's Service Account. Once the account(s) is terminated the Subscriber will have 30 calendar days to pay all unpaid invoices. If the invoice is not paid at the end of 30 days the Subscriber's accounts and subaccounts, if applicable, will be deleted from the server.

The Company is not liable for lost information or damage due to the subscriber's neglegence in not paying their invoice ending in account suspsension or termination. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Payments by check may be mailed to the Extreme Programming. For new accounts, after payment has been received and funds verified, the account will be activated. Accounts changing to mail in check payment will remain active as long as each payment is received by the due date of the account and funds are available in the checking account.

A fee of $30 USD will be levied for every returned check. If you dispute a charge to your credit card issuer that, in Extreme Programming's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Extreme Programming an "Administrative Fee" of not less than $50 and not more than $150.

Extreme Programming reserves the right to change pricing of the Services from time to time. Extreme Programming also reserves the right to withdraw any feature from a Service Plan, at any time it wishes to do so.

In the event that Extreme Programming determines that the services of a collection agency are necessary or appropriate to collect amounts due under this paragraph, which determination shall be made in Extreme Programming's sole and unfettered discretion, any and all collection agency fees and other costs of collection shall be added to the amount due under this provision.

If Customer exceeds the feature, storage or resources limits defined by his or her chosen Service Plan, he or she will be charged for the extra usage according to the Overage rates outlined in that Service Plan. Customer may also purchase additional features, storage and resources by the same overage rates. If Customer uses/purchases more than 200% of the resources allocated in the chosen Service Plan, Extreme Programming reserves the right to terminate the Customer's Service Account with a 5-day prior notification. All overage rates are prorated. The overage fees charged will be for the remaining portion of the Customer's current Billing Period

As part of the Services, you will provide Extreme Programming with a registered domain name or names or Extreme Programming will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any registration services' policies, or any law or regulation.

As consideration for the domain name registration services and/or other services provided by Extreme Programming to you, you agree to pay Extreme Programming, prior to the effectiveness of the desired domain name registration, the applicable service(s) fees for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. Your requested domain name will not be registered unless we receive actual payment of the registration fee.

In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Extreme Programmin will attempt to register an alternative domain name chosen by you. You agree to be bound by the terms of the domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of your domain name. The inability to use a domain name shall not entitle you to a refund by Extreme Programming of any fees paid with respect to the registration of such unusable domain name.

In the event you received a "Free Domain Name Registration" offer when you signed up for the Services, and you terminate the Services within one year of such domain name registration, you agree to immediately pay Extreme Programming the full retail price for such domain name registration in effect when you registered such domain name, in addition to any other fees for early termination described herein.

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your registration or other services are set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account information when renewal fees are due. Should these fees go unpaid, your services will expire or be cancelled.

Requests for cancelling accounts may be made in writing with at least 10 days notice but not more than 60 days prior to requested cancellation date. Written notice may be sent to:

Extreme Programming
Attn: Cancellations
P.O. Box 367
Atchison, KS 66002

Or you may fax the cancellation request to 888-260-7307.

You may also email your cancellation request to billing@extremeprogramming.com.NO refund is given for unused prepayment, however, the credit may be applied to other Extreme Programming services.

Liabilities/Obligation on Service Account Termination

Services are provided on an "as is" basis." Extreme Programming is not liable to you for any compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.

Customer is liable to pay all charges accrued during Service Account operation. The customer is in no way relieved from paying these charges on Service Account interruption, suspension, termination or cancellation.

Material and Product Requirements

You must ensure that all material and data placed on Extreme Programming's servers/systems is in a form requiring no additional manipulation by Extreme Programming. Extreme Programming will make no effort to validate any of this information for content, correctness or usability.

Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use of the Services. You must have the necessary knowledge for your intended use of the Services. Extreme Programming will not provide this knowledge to the Customer

Intellectual Property Rights

You must not use the Services in a manner that would infringe, violate, dilute or misappropriate any copyright laws, or laws protecting trademarks, trade secrets or proprietary information. If you use a domain name in connection with the Services, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Web Site Operation and Security

If you run a Web Site through the Services, you are solely responsible for it's operation and maintenance and Extreme Programming plays no such role in it.

You are also responsible for the security of any client credit card numbers and related client information you may access as a result of conducting electronic commerce transactions through your Web Site. Extreme Programming will not be responsible for the security of such information

You also expressly (i) grant to Extreme Programming a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Extreme Programming under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Extreme Programming shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Extreme Programming. Extreme Programming reserves the right to change or remove any and all such IP numbers and addresses.

General Abuse

Any attempt to cause harm or undermine Extreme Programming's servers, computers, network or customers is prohibited. Use of the Services to carry out any activity that is illegal under US and International laws is also prohibited.

Prohibited uses of the Services also include, but are not restricted to:
1. Use of IRC, bots or clients
2. Unsolicited Bulk Emailing
3. Newsgroup spamming
4. Hosting, promoting or linking to pornographic content
5. Illegal Content
6. Copyright infringement
7. Trademark infringement
8. Hosting and linking to pirated computer software and music.
9. Hosting/linking to software or information (such as software cracks, software cracking tutorials and software serial numbers) that may help any individual to obtain copyrighted software or music illegally.
10. Hosting or linking to computer software that may be used for spamming (know as spamware)
11. Providing/Promoting material that is grossly offensive to Internet Users which includes blatant expressions of bigotry, racism or hatred
12. Providing/Promoting material about illegal activities or promoting physical injury or harm against any group or individual
13. Providing/Promoting material about exploitation of children under the age of 18

Email Abuse

The following activities are considered as email abuse and are prohibited
1. Unsolicited bulk emailing. This includes, but not limited to commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such emails may only be sent in if the receiver explicitly requested such information directly from you.
2. Stealth Emailing. This includes forging, altering or removing email headers
3. Mail Bombing. This includes sending a large number of emails to disrupt or compromise a servers, systems or network
4. Emailing that may harass or intimidate others. This includes harassment or intimidation through frequency of emails, size of emails and the language of emails. If the recipient asks to stop, you must discontinue sending any further emails
5. Newsgroup Spamming. This includes unwelcome commercial advertising and posting that may be against the rules of a Usenet discussion group or mailing list.

Such activities carried out from servers/systems not managed by Extreme Programming are ALSO prohibited if they link to websites, content or material hosted on Extreme Programming's servers/systems.

Emailing abuse carries a fine of up to $100 USD per email message sent, depending on the severity of the violation. Email abuse is also grounds for immediate suspension of your Service Account and an appropriate legal action.

Server Abuse

Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, Extreme Programming will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, Extreme Programming will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced Extreme Programming that the abuse will not occur again. Extreme Programming will endeavor to provide prior notification before carrying out any such action but Extreme Programming may do so without any such notification, in its own discretion.

Lawful Purpose

Extreme Programming reserves the right to refuse service to anyone. Customers may only use the Services for lawful purpose. Transmission of any material in violation of US and International laws is prohibited. This includes, but is not limited to copyrighted material without explicit permission from the author/owner, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Extreme Programming. The client agrees that for purposes of venue and jurisdiction the TOS was entered into and performed in Atchison, KS and any dispute will be litigated or arbitrated in Topeka, KS. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the courts of Kansas. IN NO EVENT SHALL Extreme Programming'S MAXIMUM LIABILITY EXCEED UNUSED PORTION OF THE TOTAL AMOUNT PAID BY CUSTOMER.

Notifications

All notifications to the customer will be sent by electronic mail (email). It is the responsibility of the customer to ensure his or her email address is valid at all times. Extreme Programming will not be responsible if Customer fails to receive any email Extreme Programming attempted to send

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Extreme Programming HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Extreme Programming, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Extreme Programming AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Extreme Programming SERVICES; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Extreme Programming SERVICES

Disclaimer

Extreme Programming WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Extreme Programming MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Extreme Programming DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Extreme Programming AND ITS EMPLOYEES. Extreme Programming RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.