Read Our Client Agreement

Firemyst's Client Agreement             logo.bmp (12950 bytes)

THIS AGREEMENT is made and entered between Firemyst, LLC, located at 416 Marietta Place, NW, Washington, DC 20011, hereinafter referred to as Firemyst and the Client, who wishes to use the services of Firemyst in accordance with Firemyst's policies and standard application located on the World Wide Web at http://www.firemyst.com/wehosting/agreements.html

SERVICE DESCRIPTION

As a World Wide Web service provider, Firemyst provides Internet web hosting, web site development, ecommerce, and associated services utilizing a network of dedicated server computers, routers, hubs, switches, other equipment and software.  The client wishes to establish an Internet web presence (including domain name registration, web hosting and web site development) by utilizing the hardware and software resources available to Firemyst. 

CONDITIONS and WARRANTIES

  • This agreement constitutes a legal and binding contract between Firemyst and the Client and does not extend to any other person or entity.   Client is liable and shall pay for excess resources utilized by Client to include data transfer and disk space.   Client may upgrade to the next higher level at any time.  Client is liable for the truthfullness and accuracy of information provided to Firemyst for the development of Client's web site.  Firemyst specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information posted on Client's web site or obtained through the services to be provided hereby.

  • With respect to the services to be provided herein, the Client acknowledges that Firemyst makes absolutely no warranties whatsoever, expressed or implied.  As a result, the Client agrees that Firemyst shall not be liable to the Client for any claims, damages, or loss of profit which may be suffered by the Client or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out or in relation to the services provided herein, including, but not limited to, losses or damages resulting for the loss of data as the result of delays, non-deliveries, and service interruptions. 

DOMAIN NAME

If Firemyst shall acquire an Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against Firemyst for any loss, damage, claim or expense arising out of or in relation to the registrationof such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Firemyst for any reason.

PAYMENT POLICY

  • Set-up fee.  The set-up fee is required before any service is activated and it is non-refundable.

  • Hosting-fees.  Services are provided on an annual basis.  The minimum contract is 12 months.  Payment of the annual web hosting and design fee is required within the first month of the service.  Special payment arrangements are available and provide for 50% of the hosting fee paid on the first month of the service and the rest 50% of the hosting fee paid monthly.  The monthly payments also include a small surcharge fee. 

  • Web site modifications.  Web sites are constructed according to the information provided by the Client at the time of the activation of the service.   Free-of-charge modifications are allowed upon renewal of the Client's annual contract.  Modifications requested during the course of the annual contract shall be billed separately. 

  • Renewal Notification.  Renewal notification is emailed to the billing contact a month prior to the end of the annual contract. 
  • Add-on fees.  Fees for add-on services are required before any service is delivered.
  • Domain name registration.  All domain name registration fees are separate from hosting fees.
  • Payment Method.  Firemyst accepts credit card payments (VISA and MASTERCARD only).  Firemyst also accepts checks and money orders.  The deadline for the payment of the monthly fee (when applicable) is the 5th day of the month.  If the Client fails to pay by such date, then the Client is subject to a $20.00 late fee.
  • Returned checks.  If a check is returned, the Client is subject to a $20.00 processing fee.

  • Cancellation fees.  Cancellation of service before the expiration of the contract is subject to a cancellation fee not exceeding the amount due to the end of the contract.

  • Service reactivation fee.  If a service is cancelled due to Client's request or billing issues and the Client wishes to reactivate the service, a non-refundable fee of $40.00 will be required prior to service reactivation.   Accounts are reactivated after all outstanding charges are paid.

 

UNILATERAL SERVICE REVOCATION

Firemyst reserves the right to terminate service at any time without liability for failure to pay or for violation of the Web Usage Policy described hereinafter.

Web Usage 

  • At our sole discretion, Firemyst reserves the right to refuse, suspend, or terminate service at any time. 

  • Our policy prohibits our clients' web sites from engaging in illegal or unsuitable activities.

Ilegal activities include but are not limited to:

  1. storage and/or distribution of illegal copies of copyrighted software,
  2. violation of copyrights, trademarks, or trade secrets,
  3. violation of regulations regarding unfair competition or false advertising,
  4. violation of U.S. Federal export laws, and
  5. violation of any applicable law, statute, ordinance or regulation.

Unsuitable activities include but are not limited to:

  1. promotion of materials that may be considered deceptive, defamatory, libelous, lewd, or obscene,
  2. promotion of sexually explicit materials,
  3. promotion of violence, and
  4. promotion of discrimination based on race, sex, religion, disability, sexual orientation, or age. 

The determination of what is an "unsuitable activity" shall be solely made by Firemyst, LLC.

  • Our policy prohibits our clients from engaging in Internet abuse, which includes but is not limited to:
  1. mass distribution of unsolicited e-mail or e-mailing programs,
  2. posting messages to an abnormal number of usenet newsgroups,
  3. posting messages that may be onsidered threatening, deceptive, defamatory, libelous, lewd, or obscene,
  4. posting messages that promote violance or discrimination based on race, sex, religion, disability, sexual orientation, or age,
  5. distribution of harmful programming routines such as viruses, Trojan horses, worms, time bombs, or cancelbots,
  • Our policy prohibits our clients from engaging in system abuse, which includes but is not limited to installation of continuously runnning programs, gaining access to root or clients' accounts (hacking), and use of excessive disk space or excessive CPU resources.

IDEMNIFICATION

 The Client shall idemnify and hold harmless Firemyst from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgements, costs, expenses that may be initiated against Firemyst and Firemyst's partners, officers, directors, and employees for any service provided to Client from Firemyst to include content that violates any state and federal regulation or contains matter that is libellous or scandalous.

OTHER TERMS OF AGREEMENT

  • CHANGE IN AGREEMENT:  Firemyst reserves the right to make changes to the terms and conditions of this Agreement at any time, and to the service application including pricing with any changes in service fees effective only at the end of the annual contract.Client is solely responsible for staying informed with respect to changes in this Agreement

  • RELATIONSHIP: The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Client an agent, employee, partner, independent contractor, joint venturer, or any other similar entity.

  • GOVERNING LAW: This Agreement shall be governed by the laws of the District of Columbia of the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Washington, DC.   If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.

  • ARBITRATION: In the event a dispute or controversy arises out of or relating to this Agreement, such dispute or controversy (including contentions that a party is in default in performance of its obligations hereunder, but excluding questions as to the validity and binding effect of this Agreement, which shall be conclusively presumed) shall be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award may be entered in any court of competent jurisdiction.

  • SEVERABILITY: In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect. 

  • CONFIDENTIALITY: Client acknowledges that any information not generally known by or disclosed to the public to include but not limited to computer programs, source code, algorithms and inventions are the property of Firemyst and may not be utilized or released without the express written permission of Firemyst.

  • INTERPRETATION: The format, words and phrases used herein shall have the meaning generally understood in the Telecommunicatons/Software/Internet Industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.

 

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By filling out the on-line application directly or by placing an order telephonically and clicking on "Accept" below, Customer agrees to all the terms and conditions of this Agreement.

     

       

 

Read Our Affiliate Agreement

Firemyst's Affiliate Agreement                        logo.bmp (12950 bytes)

This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Affiliate Program.  This agreement is made and entered between Firemyst, LLC located at 416 Marietta Place, NW, Washington, DC 20011, hereinafter referred to as Firemyst and the individual or entity who wishes to participate to Firemyst's Affiliate Program, hereinafter referred to as the Affiliate.

  • To enroll, the Affiliate must accept this Agreement and submit the online application.   Firemyst will evaluate Affiliate's application in good faith and will notify you of the acceptance or rejection of the application.  At our sole discretion, Firemyst may reject Affiliate's application.

  • Affiliate income are described on World Wide Web at http://www.firemyst.com/webhosting/

  • To be entitled to affiliate income associated with a new client and the services ordered by such client, the Affiliate's username and the Affiliate's full legal name should be provided at the time of the request of the service.

  • Affiliates income is paid monthly.

Termination.  Firemyst reserves the right to terminate an Affiliate's partitipation in the Affiliate Program.  In such case, Firemyst will continue pay Affiliate income until termination of all client services referred to Firemyst by Affiliate. 

Change of Agreement.  Firemyst reserves the right, at its discretion, to change, modify, add, or delete any portion of the Agreement at any time.

General.  Participant acknowledges that participant has read this agreement and agrees to all its terms and conditions.  This agreement has been made in and shall be construed and enforced in accordance with the laws of the District of Columbia.   Any action to enforce this Agreement shall be brought in the federal or state courts in the District of Columbia.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By filling out the on-line application directly or by placing an order telephonically and clicking on "Accept" below, Customer agrees to all the terms and conditions of this Agreement.