1. Acceptance of Terms
By accepting the Nanofire Computers’ Terms of Service (TOS) electronically or in writing, and/or by using Nanofire Computers’ Services, including but not limited to submission of content to our design department, payment or authorization of payment or sale, you (Client) agree to be bound by the following terms and conditions. You also agree that your electronic acceptance of these TOS shall have the same force and effect as if you had agreed to these TOS in writing.

Nanofire Computers provides its service to you subject to the following TOS, which may be updated from time to time without notice to you. You may review the most current version of the TOS at http://www.firnetone.com/tos. By using Nanofire Computers’ Service you also agree to the most current version of the TOS. Failure to comply with the TOS may result in account termination.

2. Description of Service
Nanofire Computers designs and hosts Websites and provides other Website-related services (Service) including, but not limited to: support and modification of Websites, e-commerce, flash, Web traffic reporting, database development, easy interface for updating the Website, e-mail accounts and additional Website related services. You understand that the Service may include certain communications from Nanofire Computers such as advertisements, notices, service announcements and newsletters. You are responsible for obtaining access to Nanofire Computers’ Service that may involve 3rd party fees (including but not limited to ISP, merchant account and gateway). You are also responsible for all equipment and software necessary to access Nanofire Computers’ Service.

3. Electronic Delivery Policy
Nanofire Computers is a website-related business and transacts with its clients electronically. When you accept this TOS you consent to receive electronically from Nanofire Computers any notices, agreements, disclosures, or other communications (Notices). You agree that Nanofire Computers can send you electronic Notices in either of the following ways. 1) To the e-mail address you provided to Nanofire Computers at the time of sale or 2) to the new e-mail address account you set up through Nanofire Computers. You agree to check your designated e-mail addresses regularly for Notices. Notice from Nanofire Computers is effective when sent by Nanofire Computers, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery.

4. Privacy Policy
Personal data and certain other information about you are subject to our Privacy Policy. For more information see our Privacy Policy at www.firenetone.com/privacy.html. By using Nanofire Computers’ Service you also agree to the most current version of our Privacy Policy.

5. Unacceptable Practices
As we strive to offer the very best service, there are certain guidelines and policies that must govern our efforts and relationships with our clients. Practices that are in violation of these guidelines and policies are strictly forbidden and will result in the immediate termination of our service. Such decisions are at the sole discretion of Nanofire Computers. Unacceptable practices include, but are not limited to:

• Adult or pornographic material

• Bulk e-mailing tools

• Distribution of Internet viruses or other harmful or destructive activity

• Gambling, gaming, lotteries, and like activities

• Harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, chauvinistically, ethnically or otherwise objectionable Content or language.

• Content or language that is harmful to minors in any way.

• Illegal activities, such as ponzi schemes, fraudulent charging of credit cards, copyright violations, plagiarism, software piracy, and all unauthorized use of materials or Content that infringes on third parties’ intellectual properties

• Intentional or unintentional violations of any applicable local, state, national or international law.

• Reselling e-mail accounts or hosting accounts to third parties

• Spamming and all other forms of unsolicited messages including, but not limited to: spam, pyramid schemes, chain letters, and junk e-mail

• Links to other sites that are in violation of Nanofire Computers’ policies and guidelines


• Other activities, whether lawful or unlawful, that Nanofire Computers deems to be in poor taste or that reflect adversely on Nanofire Computers or our other clients

As a Nanofire Computers Client, you agree to conduct your business in a legal and professional manner. You understand that all information, data, text, software, music, sound, photographs, video, messages and other material (Content) on your Website is the sole responsibility of the Client. You are fully responsible for all Website Content and agree to hold Nanofire Computers harmless in the event of third parties’ legal issues brought against you for your business practices. Nanofire Computers retains the right to terminate any accounts that are in violation with the letter or spirit of these TOS.

As a Nanofire Computers Client you will have access to editing tools for your Website. You may edit, add of delete Content to your Website at anytime. With this understanding Nanofire Computers may or may not pre-screen Content. Nanofire Computers shall have the right (but not the obligation) to pre-screen and refuse or remove any Content at its sole discretion. You agree that you bear all risks associated with the use of all Content, whether edited or written by Nanofire Computers or not, including any reliance upon accuracy, usefulness or completeness.

You acknowledge that Nanofire Computers may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to comply with legal processes, enforce the TOS, provide customer service or protect the rights, property, or safety Nanofire Computers and the public.

6. Intellectual Property Policy
Nanofire Computers respects copyright laws and the intellectual property of others. Nanofire Computers may terminate accounts for copyright infringement. If you believe your work has been copied and is accessible on a Nanofire Computers Website please see our Intellectual Property Policy at www.firenetone.com/intellectual.html.

7. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all laws regarding the transmission of technical data exported from the United States or the country in which you reside.

8. Interstate Communications
Client acknowledges that by using Nanofire Computers’ services you will be causing communications to be sent through Nanofire Computers’ computer networks which may be located throughout the United States. Due to the nature of electronic communications, even communications that seem to be intrastate can result in the transmission of interstate communications. Client acknowledges that use of Nanofire Computers’ Service results in interstate data transmissions.

9. Website Construction Procedure

With the help and input from the Client, Nanofire Computers will prepare the appropriate custom design and text for the Website. Client must submit complete Content to the design department before site construction begins on the custom Website. Client must submit Content through the online design packet to be eligible for Content submission discount. Client may submit Content directly to designer through e-mail, or regular mail but will not be eligible for the Content submission discount. If original sale included the Content submission discount and the online design packet submission is not used, the balance due will be billed. After Content is submitted by the Client the site will move to the layout and design department. Once the layout and design are approved by the Client the site will move to the text and html department. Nanofire Computers will add the text and Content to the Website. The text may be reviewed by the Nanofire Computers QC team before site goes live to correct any possible errors. After the Client approves the text and Content added to the Website, the Website will go live. Nanofire Computers will not be held liable for accuracy of information, typos, or spelling errors in any of the content approved by the Client and published on the Website. Client will be notified by e-mail that the Website is now live. Once the Website is live, Client may contact the Nanofire Computers Technical Support Department support@firenetone.com for any and all future changes or questions. Client understands that the Website may be taken live “as-is” or “under construction” if we do not receive Client’s response to missing information requests or requests to approve completed Website within two weeks.

Nanofire Computers does not guarantee a time frame for completion of the custom Website as Content may continue to be submitted by Client throughout the design process. Nanofire Computers cannot start and complete the design of the custom Website until complete Content is submitted. If Client continues submitting additional Content, this increases the design time frame. If Client does not submit complete Content and Nanofire Computers is not able to start or complete the custom Website design, Client is still responsible for all fees incurred including, but not limited to, set-up, enhancement and monthly hosting charges that begin accruing from date of sale.

Client is provided with a space holder immediately after sale. Client is also provided with an optional Welcome Website shortly after the initial sale. The Welcome Website is a temporary Website Client can modify and send customers to while the custom Website is being built. Client may choose not to have a Welcome Website if so desired.

10. Website Change Requests During Design Process

Nanofire Computers agrees to build a Website or database to specifications quoted as per the original sale and original invoice. Any additions or changes requested outside of the scope of the original sale prior to the custom Website going live will be billed at Nanofire Computers’ standard hourly rate. Nanofire Computers is not obligated to complete Client requests or changes outside of the scope of work or the original invoice quote. If Nanofire Computers does not agree to Client requests or changes, Client is still obligated to pay all fees incurred and due. If Client requests changes to a pre-packaged database, store or previously built database these are to be billed based on an hourly rate. There is no guarantee that changes made by Nanofire Computers to a previously built database or store module will work and all fees invoiced and/or paid for Client requested changes are non-refundable.

11. E-mail Accounts

Based on the hosting support package purchased e-mail accounts are also provided. E-mail accounts may be set up and used immediately upon purchase of your Website. Client does not need to wait until custom Website is live to use e-mail accounts. To begin using e-mail accounts Client should contact Technical Support at support@firenetone.com .

12. Use and Storage

You acknowledge that Nanofire Computers may establish general guidelines and limits concerning use of the Service and may modify these guidelines at any time. Limits may include but are not limited to, the maximum number of days that e-mail messages or other Content will be retained, maximum number of e-mail messages that may be sent from or received by an account, the maximum size of any e-mail messages sent and the maximum disk space that will be allotted on Nanofire Computers servers on your behalf. Nanofire Computers periodically backs up the Websites we host. However, Client acknowledges that Nanofire Computers is not responsible for backing up Client’s Website and data and that Client should seek appropriate backup solutions. Changes made by the Client using the editing tool or by Nanofire Computers may be lost if data loss occurs after a scheduled backup by Nanofire Computers.

13. Hosting Support Policy

Based on your hosting package, Nanofire Computers may provide 12 hours annually of free updates and changes or “design hours” that are available to Client to use after your Website is live. After your Website is live, you may wish to make changes to or update your Website from time to time. Most changes can be made using our online editors. For changes that cannot be made with the editors, Client may use available Nanofire Computers design hours. These changes must be requested through our Technical Support Department at support@firenetone.com . The design hours can be used for modifying the design or layout of your Website, adding additional pages, adding picture galleries or photos, adding products to your store, or adding e-commerce. Nanofire Computers is not responsible for any changes Client makes to Website, or if client breaks the Website. Time required by Nanofire Computers to repair changes made by Client will be billed to client if it exceeds available “design hours”

14. Domain Names Purchased/Hosting Agreement

Domain names purchased by Nanofire Computers and site designs created by Nanofire Computers are the property of Nanofire Computers. After two full years of paid hosting, ownership of the site and domain name is transferred to the Client. Sham purchases of sites may not be transacted with the intent and/or result of having a site built, then transferring the site to another hosting service.

15. 30-Day Satisfaction Guarantee

Nanofire Computers provides a 30-day satisfaction guarantee. Nanofire Computers will continue to change and modify your site to your liking, within the first 30 days from the date of sale, at no additional cost to you. Nanofire Computers has a No Refund policy. Nanofire Computers will Not Refund initial set-up or enhancement fees incurred or paid by the Client after the initial sales date. Nanofire Computers will Not Refund monthly hosting fees incurred or paid by the Client prior to receipt of notice to cancel. Any set-up and hosting fees invoiced and incurred are valid and Client agrees to pay. Monthly hosting may be canceled after one full year of paid hosting with 30 days notice (see Termination).

Nanofire Computers makes no representations as to the marketing of Client’s products, services or sales. Client’s obligations to pay fees due to Nanofire Computers are due at time of sale of Website design and hosting services and are not contingent upon Client’s marketing of said Website.

16. Billing Policy

The initial Set-up Fee is due and billed in full at the time of the original sale. (Installment payments may be accepted for the Set-up Fee only if agreed to in writing per the original invoice.) Monthly hosting is incurred and billed every month beginning 30 days from the date of the original sale. Monthly hosting may be billed on the 1st or 15th of each month to coincide with Nanofire Computers billing cycles. The amount of the initial Set-up Fee and monthly hosting fees are detailed on the original invoice confirming amounts of sale. Monthly hosting amounts may vary depending upon the hosting package select by Client.

Client requests for enhancements to the original site will be due and billed separately and at the time of request. The monthly hosting fee will be adjusted according to the enhancements requested or the hosting package selected by Client.

Nanofire Computers reserves the right to change prices at any time including monthly hosting amounts and hourly design fees.

Nanofire Computers charges a $25.00 fee for returned checks and a $100.00 fee to handle unauthorized credit card disputes. If you wish to dispute a charge you must first contact our billing department and you must allow 14 business days for a response. To avoid any dispute about your attempt to contact us, please send your request in writing to the following address. Requests may be e-mailed to billing@NanofireComputers.com. If you choose to send your request by e-mail, you must also send a copy of your request by mail (to the address below) as confirmation of your request.
Attn: Billing Department, Nanofire Computers,

1913 Southwest Freeway,

Houston, TX 77098.

17. Termination

Nanofire Computers, at its sole discretion, may terminate its service and remove and discard any Content, for any reason, including and without limitation, for lack of use, or if Nanofire Computers believes you have violated the TOS. Nanofire Computers may also at it sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of this TOS may be effected without prior notice and that Nanofire Computers may deactivate or delete Client’s account and all related information files. You agree that Nanofire Computers shall not be liable to Client or any third-party for any termination of Services. Paid accounts that are terminated will not be refunded.

Nanofire Computers also reserves the right to discontinue the designing of Client’s Website at any time, at Nanofire Computers’ sole discretion, with an appropriate refund to the Client. Under no circumstances is the refunded amount to exceed the amount collected by Nanofire Computers.

Additionally, accounts that become 30 days delinquent will be terminated. The Client may terminate hosting services with 30 days written notice after TWO full years of paid hosting. Billing of monthly hosting amounts will be terminated and the Website removed. Previously billed set-up and hosting fees incurred are valid and Client agrees to pay. Requests for Website termination should be sent to the following address. Requests may be e-mailed to billing@firenetone.com . If you choose to send your request by e-mail, you must also send a copy of your request by mail (to the address below) as confirmation of your request:
Attn: Billing Department, Nanofire Computers,

 1913 Southwest Freeway,

Houston, TX 77098.

The Client is responsible for all fees owed from the time of sale until the time Client notifies Nanofire Computers of request for termination, and at a minimum for hosting fees paid for one year. Transferring a domain name to another provider or non-use of client’s hosting account does not constitute termination of the account. Client must notify Nanofire Computers in writing or via e-mail to terminate the account and avoid further monthly hosting charges. It is client’s responsibility to secure confirmation from Nanofire Computers that the request for termination has been received and no further hosting fees will be billed.


18. Nanofire Computers Proprietary Rights
Client acknowledges and agrees that Nanofire Computers’ Service may contain proprietary and confidential information that is protected by intellectual and proprietary rights laws. Client agrees to not to reproduce, duplicate, copy, sell, resell or exploit any portion of, use or access to Nanofire Computers’ Service.

19. Use of Client Information
Client hereby agrees that any information or ideas submitted to Nanofire Computers by any means may be used by Nanofire Computers without compensation or liability to you for any purpose whatsoever, including but not limited to developing Websites, databases, ecommerce and developing, manufacturing and marketing other products. This provision does not apply to Client Content or to personal information that is subject to our privacy policy.

Client hereby gives permission to Nanofire Computers to use samples or links to Client’s custom Website designed by Nanofire Computers for marketing and advertising purposes, including but not limited to use in our online client portfolio.

20. Third Party Services
From time to time third parties may offer service to Nanofire Computers Clients. Use of such third party services will be at your own risk and subject to the terms and conditions of those third parties. Nanofire Computers does not represent and warrant that use or access to any third party services will be compatible, uninterrupted, error free, without defects or that you will be able to access Nanofire Computers’ Service. You also agree that Nanofire Computers is under no obligation to provide you with any enhancements, updates, or fixes to make Nanofire Computers’ Service accessible through any third party applications.

21. Disclaimer of Warranties
YOUR USE OF NANOFIRE COMPUTERS’ SERVICE IS AT YOUR OWN RISK. NANOFIRE COMPUTERS’ SERVICE IS PROVIDED “AS IS”. NANOFIRE COMPUTERS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NANOFIRE COMPUTERS DISCLAIMS ANY WARRANTIES REGARDING THE SERVICE INCLUDING THAT IT WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NANOFIRE COMPUTERS DISCLAIMS ANY WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NANOFIRE COMPUTERS’ SERVICE, INCLUDING RESULTING SALES AND WEB TRAFFIC. NANOFIRE COMPUTERS DISCLAIMS ANY WARRANTIES REGARDING THE MARKETING OF CLIENTS’ PRODUCTS, SERVICES, SALES, OR WEBSITE. NANOFIRE COMPUTERS DISCLAIMS ANY WARRANTIES REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED, ADVERTISED OR OBTAINED THROUGH NANOFIRE COMPUTERS’ SERVICE, OR LINKS PROVIDED BY NANOFIRE COMPUTERS’ SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE PROVIDED BY NANOFIRE COMPUTERS OR OBTAINED THROUGH LINKS PROVIDED THROUGH NANOFIRE COMPUTERS’ SERVICE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NANOFIRE COMPUTERS’ SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR OTHER LIABILITY THAT RESULTS FORM THE DOWNLOAD OF SUCH MATERIAL.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

22. Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NANOFIRE COMPUTERS, IT’S SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, (EVEN IF NANOFIRE COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR INABILITY TO USE NANOFIRE COMPUTERS’ SERVICE, RELIANCE ON NANOFIRE COMPUTERS SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF NANOFIRE COMPUTERS’ SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED THROUGH NANOFIRE COMPUTERS’ SERVICES OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS AND ANY STATEMENTS OR CONDUCT OF A THIRD PARTY OR ANY OTHER MATTERS RELATING TO NANOFIRE COMPUTERS’ SERVICES. SUCH LIMITATION SHALL FURTHER APPLY, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED IN ANY WAY TO NANOFIRE COMPUTERS’ SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstance shall Nanofire Computers be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, or other casualty, illness, accidents, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non performance of third parties, or loss of or fluctuations in heat, light or air conditioning. Nanofire Computers’ full and complete liability, for any reason whatsoever, shall be limited to the full refund of all monies paid to Nanofire Computers.

23. Indemnification
You agree to defend, indemnify and hold harmless Nanofire Computers, it’s directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees that may arise or result from any Content you submit, post, transmit or make available through Nanofire Computers’ Service, from any product sold by Client, its agents or employees or assigns, from any Service provided or performed or agreed to be performed by Nanofire Computers or from your violation of the TOS or your violation of any rights of another.

24. Notice

Unless otherwise specifically provided, all notices required or permitted by this Agreement shall be in writing and in English and may be delivered personally, or may be sent by e-mail, facsimile or certified mail, return receipt requested, to the address set forth below. If you choose to send your request by e-mail or facsimile, you must also send a copy of your request by mail (to the address below) confirmation of your request.

Nanofire Computers
1913 Southwest Freeway

Houston, Texas 77098

Attn: Director of Operations

25. Severability

In the event that any provision hereof is found invalid or unenforceable pursuant to judicial decree or decision the remainder of this Agreement shall remain valid and enforceable according to its terms.

26. Jurisdiction

The TOS agreement shall be governed by the laws of the State of Texas. All legal proceedings are to be submitted exclusively to the jurisdiction of the courts in the State of Texas, County of Harris. Client agrees to binding arbitration if requested by Nanofire Computers.

27. Governance

Nanofire Computers may investigate any reported violations of this agreement, its policies or any other complaints and take any action it deems appropriate to protect its systems, facilities, Clients, and/or third parties.

28. General Information

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior oral or written agreements (including, but not limited to, any prior versions of the TOS). Any modifications to this agreement must be in writing and signed by an authorized officer of Nanofire Computers. All representations not in writing are null and void. Written agreements may include, but are not limited to e-mails and electronic acceptance of this Terms of Service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.