ITONIX Agreement

General Terms

The terms below are an integral part of this Internet Agreement between You: the organization, small business, government, or individual and ITONIX™, the service provider. The following words used in the context of this Web Agreement are defined as follows: the term "ITONIX" or "Company" means ITONIX; the term "Customer" means the person or entity requesting Web Services from ITONIX. Once the Customer agrees to accept ITONIX Web Services, the Customer also agrees to these terms and conditions as posted on the Internet Agreement page at http://itonix.com/company/agreement.html throughout the period of service. ITONIX values and is committed to a professional, ethical, and good faith business with the Customer pursuant to these terms and conditions defined.

ITONIX agrees to provide and the Customer agrees to receive specific Web Services as ordered by the Customer. The terms under General and Payment Terms, in addition to other applicable service terms are agreed to by the Customer and in effective July 1, 2010 as stated:

Law and Legal Dispute: In the event it is necessary to refer any dispute to an attorney, a collection agency or resolution in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. ITONIX will not hesitate to take legal action against the Customer when terms of this agreement are violated or payments due are not received, especially when no effort is made by the Customer to fulfill the business relationship in good faith. The location where this agreement is fulfilled shall be in Cass County, State of Missouri, in the United States of America.

Loss From Disruption: ITONIX Web Services are provided on an "as is" and "as available" basis. ITONIX gives no refunds or warranties, expressed or implied, for any scheduled or periodic outage that may occur with the service provided, including and without limitation, maintenance response time beyond our control or marketability and fitness for any particular purpose. This expressly includes any reimbursement for losses of income due to violation of this agreement, termination, disruption of service, or beyond fees paid and/or due by the Customer. However, ITONIX guarantees its support team will respond and troubleshoot a service outage within 24 hours of receiving written notification from the Customer.

Use of Internet and Software: ITONIX is not responsible for any lose or damages arising from the Customer's use of the Internet, or the inability to use Web browsers, tools, or other application software.

Public Accessibility: All information presented on websites should be considered publicly accessible because of the public nature of the Internet and important or private information should be treated carefully. ITONIX is not liable for the Customer's loss of money, protection or privacy from the use of either ITONIX service or any site including ITONIX.NET, sub-domains, applets, transactions, or non-ITONIX service (free or purchased).

Prohibited Content: The Customer hereby agrees that all domain names and any material submitted for posting on the Customer's domain, website, or image gallery will not violate or infringe upon any trademark, service mark, copyright, patent, statutory common law or proprietary rights of others. ITONIX does not host websites containing adult or sexual content. The Customer's domain, website, or images may not contain any abusive or harmful material, such as, pornography, obscenity, nudity, violations of privacy, hacking, viruses, excessive audio and video files, harassing material, or other overly offensive material deemed as such by ITONIX. Any violation of this paragraph or illegal activity will cause immediate cancellation of this agreement, deactivation, and a stoppage of all service without warning. The Customer hereby agrees to indemnify and hold harmless the Company for any loss or claims resulting from violation.

Legal Ownership: ITONIX maintains full legal ownership, control and rights to all files, text and images copyright by ITONIX, in addition to the use of domain names owned by or registered to ITONIX. Any use of such materials must be authorized in writing by ITONIX and shall be properly recognized at all times, whether on the Web or in print.

Customer Satisfaction: ITONIX takes pride in its ability to provide the highest quality and affordable Web Services. ITONIX is not perfect, but will make reasonable effort to assure satisfaction of every Customer will negotiate professionally and with fairness in disputes and allow flexibility in accordance with the communications and historical relationships with the Customer. ITONIX and the Customer may agree to variations of this Internet Agreement with a written amendment to applicable paragraphs.

Changes and Amendments: ITONIX reserves the right to amend this Internet Agreement without warning. Web Services provided to the Customer are pursuant to the terms and conditions of this agreement as presented at http://itonix.com/company/agreement.html on the Company website. These terms must be agreed to by the Customer. This agreement is effective on the date stated in the second paragraph above, and it is the responsibility of the Customer to be aware of and to review this agreement when placing an order or renewing Web Services. The Company may periodically request agreement to these terms when it deems it necessary.

Payment Terms

The Customer authorizes ITONIX to collect payments due from accounts submitted and provide Web Service as ordered.

Payment Method: Web Services normally have a NET 15-30 payment term or other as stated on the invoice including the Due Date for renewal payment. We accept online payment for Web Service providing secure electronic check, ATM, or credit card transaction via PayPal^® with email invoicing. After receiving your order we will send a verification and process your service request. Payment can also be made by check or money order made payable to "KENNETH BARTASH" and mailed to the address stated on the invoice. Customers should not make a renewal payment without first receiving an invoice from ITONIX Finance at the finance@itonix.com email address.

Lack of Payment: At least three (3) service renewal invoices will be sent to the contact email address via high priority message prior to the service expiration date. ITONIX understands financial problems may occur and will gladly negotiate with the Customer if notified of a payment problems in advance. However, it is totally the responsibility of the Customer to contact ITONIX in case of payment difficulty or cancellation of service. A payment schedule can be negotiated without disruption or termination of service if the Customer contacts the Company BEFORE service expiration date.

No Refunds: ITONIX verifies all orders are legitimate as requested by the Customer. All service orders are final and no refunds can be offered.

Renewal of Service: Services are not automatically renewed unless communicated to ITONIX by the Customer. All payments for renewal of service must be made using the applicable "Add to Cart" buttons for the amount shown on the ITONIX Web Services invoice by the due date. In addition, after receiving the third and final renewal notice and Domain Name registration has expired, the Customer must pay the Hosting Restoration Fee to renew service. In any case, the Customer is responsible and must notify ITONIX of any situation hindering payment to prevent disruption of service.

Cancellation of Service: This agreement may be canceled anytime by the Customer with a written notice of cancellation and future invoicing will be canceled. ITONIX reserves the right to terminate service and cancel this agreement if the Customer violates any terms of this agreement. Should the Customer transfer domain name registration to another registrar without proper notification, then Web service and pending renewal is terminated.

Hosting Terms

Content Responsibility: The Customer is solely responsible for their websites and maintains full legal ownership, control, and rights to all text, files, images, and custom applications, uploaded, installed, provisioned and/or copyright by the Customer.

Domain Administration: The Customer retains ownership of domain names and is the official registrant owner of record when kept active and paid in full annually. Customer domain name registration must be provided by ITONIX as the registration provider for all required ITONIX Web Hosting plans. The Customer agrees that administration of Web hosting is provided solely by ITONIX including domain name records, name servers, MX records, administrator accounts, file transfer accounts, email accounts, restricted folders, and other related hosting functions.

Technical Ownership: ITONIX maintains full legal ownership, administrative control, and rights to any and all identifications for Web server administration, accounts, Universal Resource Location (URL), Internet Protocol (IP), ITONIX.NET folders and all unpaid Web service that may be used by or assigned to the Customer. ITONIX reserves the right edit ITONIX owned accounts, domains, directories and files.

Bandwidth Usage: In rare instances, ITONIX reserves the right and sole discretion, to disrupt the Customer's website if the Internet traffic on the Customer's website causes major Internet network outages or disturbances.

Backup Responsibility: Unless Maintenance Service is active, the Customer is solely responsible for independent backup including, but not limited to Web pages, images, files, documents, databases, mailing lists, and discussion lists through the Web browser save feature, Internet or application software, and other backup methods. ITONIX is not responsible for the backup of email messages sent or received by the Customer. ITONIX is not responsible for archiving and does not backup a Customer's Web pages, unless the Customer has purchased a Maintenance Service. ITONIX hosted Web applications and custom programming which are exclusively available on ITONIX Web servers are not transferrable to other hosts.

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