1. DESCRIPTION OF SERVICES. Touchpoint90 will provide USER with the Services ordered during the sign up process. The mobile website service may be unavailable for short periods of time due to maintenance and upgrading on off hours. While the Touchpoint90 service is unavailable, mobile websites will be unavailable.
2. SUBSCRIPTION, PRICING AND PAYMENT. At the time of initial signup, you will be subject to acceptance by Touchpoint90. Your subscription to the Services will be deemed accepted by Touchpoint90 when the company delivers a confirmation of the subscription to you. Touchpoint90 reserves the right to refuse to provide service for any reason. The payments will be made to Touchpoint90 through online credit card or pursuant to the any other methods set forth by Touchpoint90. In the event of a charge back by a credit card Touchpoint90 (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the applicable service or subscription fee, you acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in Touchpoint90's sole discretion. All fees are non-refundable, in whole or in part, even if your service is suspended, cancelled or transferred prior to the end of the then-current service term.
4. SUPPORT. Touchpoint90 agrees to provide reasonable technical support to USER during Touchpoint90's normal technical support hours. Touchpoint90 additionally agrees to provide USER service support in the form of e-mail during Touchpoint90' normal USER support hours [9am-5pm PST]. 5. DISCLAIMER AND WARRANTIES. Touchpoint90 warrants that Touchpoint90 will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. Touchpoint90' warranty obligations are personal to USER and may not be extended to any third party. Except as expressly provided in this Agreement, the Services and USER Web sites are provided "as is," and Touchpoint90 expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties, and agreements. 6. Agreement TERM AND TERMINATION. This Agreement is effective as of the Effective Date and shall continue unless terminated; Touchpoint90 may terminate this Agreement after seven (7) days' notice to USER if USER materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (7) day period; and upon the termination of this Agreement, USER will pay Touchpoint90 for all Services provided to USER by Touchpoint90 prior to termination