We deliver services and software development in the following areas:

Xtra MediA Services including Free Services ("Service") is provided to you ("Member") under the terms and conditions of these Terms of Service and any operating rules or policies that may be published by Xtra MediA.

The Terms of Service comprises the entire agreement between Member and Xtra MediA and supersedes all prior agreements between the parties regarding the subject matter contained herein.

BY COMPLETING THE REGISTRATION PROCESS AND CHOOSING THE "I AGREE" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE.

DESCRIPTION OF SERVICE
The Service makes possible to use Xtra MediA domain name as a service provider. Xtra MediA provides Members with a capability to use our services via the World Wide Web and on Xtra MediA's own system provided that using of the Service meets the guidelines of the Terms of Service.

LINK TO Xtra MediA WEBSITE : ABSOLUTE REQUIREMENT
In order to use Xtra MediA services it is absolutely required that the Member places a link back (a link to Xtra MediA website) on the main page of the Member's website. The linking code and the detailed instructions on how to place it on the webpage are provided in the Welcome email that is sent upon account activation.
Failure to comply with the Rule above will lead to Member's account termination

MODIFICATIONS TO TERMS OF SERVICE
Xtra MediA may make changes to the terms of service. Upon any change in the terms of service, Xtra MediA will notify you by posting the changes on this website. Member's continued use of the Service constitutes an affirmative:
(1) acknowledgment by Member of the Terms of Service and its modifications; and
(2) agreement by Member to abide and be bound by the Terms of Service and its modifications.

MODIFICATIONS TO SERVICE
Xtra MediA reserves the right to modify or discontinue the Service with or without notice to the Member. Xtra MediA Services shall not be liable to Member or any third party, should Xtra MediA exercise its right to modify or discontinue the Service for any reason.

PRIVACY POLICY
Member acknowledges and agrees that Xtra MediA neither endorses the contents of any Member sites or pages nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.

MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password and information at any time by following instructions.

Member agrees to immediately notify Xtra MediA of any unauthorized use of Member's account or any other breach of security known to Member.

DISCLAIMER OF WARRANTIES
Service is provided on an "as is" and "as available" basis. Xtra MediA expressly disclaims 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.

Xtra MediA makes no warranty that the service will meet Member's requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does Xtra MediA make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.

No advice or information, whether oral or written, obtained by member from Xtra MediA or through the service shall create any warranty not expressly made herein.

LIMITATION OF LIABILITY
Xtra MediA shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the service or for cost of procurement of substitute service or goods or for unauthorized access to or alterations of Member's account, transmissions, or data, including but not limited to damages for loss of profits, use, data or other intangible, even if Xtra MediA has been advised of the possibility of such damages.

NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member agrees not to resell the Service without the express consent of Xtra MediA

SERVICE FAILURE AND OTHER LIMITATIONS
Xtra MediA assumes no responsibility for the deletion or failure to redirect requests for free domain names. Xtra MediA has set no fixed upper limit on the number of redirects a Member may receive through the Service; however, Xtra MediA retains the right, at Xtra MediA's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the Terms of Service and may terminate Service if a Member's conduct is found to be inconsistent with the Terms of Service.

MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.

Member agrees:
(1) to comply with Malawi law regarding the transmission of technical data exported from the Republic of Malawi through the Service;
(2) not to use the Service for illegal purposes;
(3) not to interfere or disrupt networks connected to the Service; and
(4) to comply with all regulations, policies and procedures of networks connected to the Service.

The Service makes use of the Internet to receive and redirects requests for Xtra MediA domain name; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.

Xtra MediA feels very strongly that the sending of unsolicited bulk email ("spamming") constitutes theft of service, and we do not condone or tolerate the use of our service for this purpose. If we receive complaints that a Xtra MediA member account has been used for this purpose, we will investigate the complaints thoroughly, insure the member is infact spamming, and take legal action against the owner of the said service.

Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. Xtra MediA may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the Terms of Service.

Member may not redirect to an advertising account or affiliate program with out permission from Xtra MediA. Exceptions are made, especially for affiliate programs offered by commercial sites that allow modification of the store front or tour page.

TRADE MARKS
Xtra MediA does not have the desire and ability to maintain a large database of all registered Trade Marks. However all Free .Xtra MediA domain names (free subdomains of Xtra MediA domain name) found to be similar to any registered trade mark will be a subject to deletion.

Domain names (subdomains of Xtra MediA) similar to the trade marks can only be given to the official representatives of the trade mark holder.

RESTRICTED DOMAINS
There is a number of domain names (subdomains of Xtra MediA domain name) that Xtra MediA decided to reserve to avoid confusion. They are such domains as smtp.Xtra MediA, pop3.Xtra MediA,mail.Xtra MediA, etc. Xtra MediA reserves the right to recognize any registered subdomain of Xtra MediA domain name to be a restricted one within 30 (thirty) days from registration, and terminate the service for the Member who registered this free domain / subdomain.

INDEMNIFICATION
Member agrees to indemnify and hold Xtra MediA, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of the Terms of Service by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

TERMINATION
Either Member or Xtra MediA may terminate the Service with or without cause at any time and effective immediately. Xtra MediA shall not be liable to Member or any third party for termination of Service.

Should Member object to any terms and conditions of the Terms of Service or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately:
(1) discontinue use of the Service; and
(2) terminate Service membership. Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Xtra MediA will have no obligation thereafter to forward any requests for .Xtra MediA domain to Member or any third party.

NOTICE
All notices to a party shall be in writing and shall be made via email. Xtra MediA may broadcast notices or messages through the Service to inform Member of changes to the Terms of Service, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Xtra MediA assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

DOMAIN NAME & SERVICE RULES
By completing the registration you also agree to Domain Name & Service Rules which are different for each Package and are shown during the initiation of service.

AUTOMATIC DELETION OF UNPAID SERVICES
Unpaid services and accounts that are inactive for more than 30 days shall be automatically deleted or switched off without any prior notice.