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Terms of Service

1. Introduction

1.1 This Terms of Service ("TOS") document is an agreement between Firestorm Networks (hereby known as FSN) and the person or entity using services provided by FSN (hereby known as The Customer).

1.2 This TOS document will determine your rights as an account holder on any of FSN's servers.

1.3 This TOS document will also determine what rights FSN has over an account.

1.4 The Customer agrees not to pursue any legal action against FSN due to DoS attacks or downtime beyond FSN's control.

1.5 FSN has the right to terminate The Customer's account if FSN sees excessive amounts of DoS attacks on The Customers's IP(s).

1.6 The Customer is wholly responsible for any data stored under their account, and hereby waives any liability by FSN as a result of their actions under 47 U.S.C. 153[10]. Files located on the The Customer's equipment, if found and deemed to be illegal under the jurisdiction of The Customer's location will result in termination the account without a refund at any time.

1.7 If at any time FSN is down due to unexpected outages, there will be a credit of days credited to the customer. Absolutely NO refunds will be given.

1.8 If The Customer is involved in any way with illegal actions under the jurisdiction of United States law or the State of Illinois, this users account can and will be immediately terminated without refund.

1.9 The customer in contract MUST be at least 18 years of age by law.

2. Responsibilities and liabilities of FSN

2.1 FSN will attempt to maintain a stable and usable system and infrastructure for all users.

2.2 FSN will extend account terms to compensate for unscheduled outages. However, FSN will not provide refunds for any reason.

2.3 FSN will attempt to accommodate most users needs.

2.4 FSN is not responsible for any damage caused to The Customer directly or indirectly by actions of FSN. In no event shall FSN's aggregate liability exceed the amount paid by the customer to FSN for FSN services. Incidents outside the network maintained by FSN are beyond FSN's responsibility. FSN does not compensate unexpected or indirect damages.

2.5 FSN has the right to change the way it provides service to the customer. Such changes will be declared thirty (30) days prior to any changes.

2.6 FSN has the right to change the customer's login, email and any information within FSN's network, in case it conflicts with the system configuration or operation of FSN.

3. Responsibilities and liabilities of The Customer

3.1 The Customer is responsible for seeing that resources used by their account are of no disturbance to other users of the system or network. The Customer is also responsible for function, ability, or costs of their own applications. Their own applications are all applications not installed by FSN.

3.2 The Customer is wholly responsible for his or her actions in the network.

3.3 The Customer is responsible for his or her account information, and is committed to keep this information private and not giving it to any third party. The customer is responsible for any actions done by using his or her account, and of possible expenses incurred by his or her account.

3.4 In case The Customer breaks this contract by non-compliance, The Customer is hereby responsible for compensation of damages caused to FSN or any third party. FSN reserves the right to terminate the contract without refund.

3.5 Since the billing and contacting is mainly done by email, The Customer is responsible for informing FSN of their current, working email address. FSN's can not be held responsible in cases where The Customer does not read email sent to an address they have given to FSN.

4. Billing

4.1 Billing period is Anniversary on the same date of each month as the initial date of signup, depending on the type of contract between FSN and The Customer. Payment will be done in advance of any services rendered.

4.2 Unless payment has been made by the day it is due, FSN has the right to terminate the customer's account.

4.3 FSN reserves the right to change the prices of its services. Customers will be informed of changes at least thirty (30) days in advance. Changes caused by law or taxes are immediate.

4.4 FSN reserves the right to change the prices for an individual customer or terminate his account in cases where excessive costs are imposed on FSN as a result of The Customer's actions.

4.5 FSN will bill all transactions via PayPal or Visa, Mastercard, American Express, or Discover. Customers located within 100 miles of FSN's primary business address of PO Box 51, Des Plaines, IL 60016 may make prior agreed upon arrangements to pay by cash or check.

4.6 Customers who have their accounts suspended for non-payment will be assessed a $10 reactivation fee at the time service is restored.

5. Validity

5.1 Contract is valid with a one (1) week cancellation window prior to The Customer's due date. Any services that are billed by FSN are billed in whole months only, and are only eligible for proration at FSN's discretion. Contract termination notices shall be made via email or fax, unless other arrangements have been made in writing. Both parties reserve the right to cancel the contract in cases where the other party does not obey terms set in the contract.

5.2 FSN reserves the right to cancel the contract immediately in cases where The Customer, by his or her actions, causes damage to the network or to a third party. Illegal usage of the services gives FSN right to cancel the contract.

5.3 FSN has right to move this contract to a third party. FSN will be responsible of informing The Customer of such changes not less than thirty (30) days prior to any change.

5.4 The Customer has no right to move this contract to a third party.

5.5 FSN retains the right to change terms of the contract or prices of its services at any time.

5.7 FSN has the right to not revalidate the contract, in cases where The Customer has received one or more warnings of their actions.

6. Abuse

6.1 FSN reserves the right to terminate anyone who is found to have abused his or her account. Without warning in extreme cases.

6.2 Any user exceeding his allotted resources to the extent that it interferes with normal server operations will receive notice of the occurrence within 24 hours and will be given one opportunity to correct the issue.

6.3 FSN policies allow hosting of any material deemed legal under United States law with the exception of adult content or any other materials that are explicitly forbidden by United States or Illinois law.

6.4 In the event that FSN notices The Customer is performing illegal actions under the jurisdiction of United States law, FSN will immediately, and without warning, suspend The Customer's account pending investigation by FSN. FSN will then determine what course of corrective action needs to be taken, up to and including contacting any relevant law enforcement agencies to handle said action.

6.5 Users who feel these abuse policies are unreasonable should consult with an administrator before purchasing an account. No accommodations will be made after an account has been established.

6.6 FSN reserves the right to blacklist content for any reason. Any account found participating or associating with any blacklisted content may be terminated without refund.

6.7 If at any time The Customer harasses or otherwise acts abusive toward any FSN representative, FSN reserves the right to terminate The Customer's account immediately and without refund.

7. Disputes

7.1 Any disputes that may arise shall be brought to the attention of any FSN representative via email or fax to be resolved in a timely manner.

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