2. Upon notice published over the Service, XCity may modify this agreement, the Operating Rules or prices, and may discontinue or revise any or all other aspects of the Service at its sole discretion and without prior notice.
3. Unless otherwise agreed, your right to use the Service or to designate users is not transferable and is subject to any limits established by XCity, or by your credit card company if billing is through a credit card.
4. You agree to indemnify XCity against liability for any and all use of your account.
5. You shall pay, in accordance with the provisions of the Billing Option selected by you, any registration or monthly fees, connect time charges, minimum charges and other charges incurred by you or your designated users at the rates in effect for the billing period in which those charges are incurred. You shall pay all applicable taxes related to use of the Service by you or your designated users. You shall be responsible for all use of the Service accessed through your or your designated users' password(s).
6. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER XCity NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES XCity OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER XCity NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISION OF THIS PARAGRAPH SHALL ALSO APPLY TO THE THIRD PARTY CONTENT.
7. If your account is a qualified business account and approved by XCity for corporate billing, charges for the services provided under this Agreement will be accumulated and identified by acctual Web pages published and will normally be invoiced following the end of the month in which the service is provided. Terms of payment on all charges are net, ten (10) days. If any payment due hereunder is not made by the you within thirty (30) days after the invoice date, late charges of one and one-half percent (1 1/2%) per month shall be due and payable with respect to such payment, and XCity may, in addition, at its sole discretion and without notice to the you or your designated users, (a) suspend its performance under this agreement and your or your designated users' access to and use of the Service, or (b) terminate this agreement and your or your designated users' access to and the use of the Service. For accounts not approved by XCity for corporate billing, you must provide payment by credit card or check or money order in advance of service.
8. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect.
Agreed to ______________________________________