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 December 1, 2008 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 the agreement is signed and fulfilled shall be in the City of Twentynine Palms, San Bernardino County, State of California, 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 warranties, expressed or implied, for any scheduled or periodic outage that may occur with the services 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 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 services or any site including ITONIX.NET, sub-domains, applets, transactions, or non-ITONIX services (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 services 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.

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

Payment Method: Web Services normally have a NET 30 payment term or other as stated on the invoice including the Due Date for renewal payment. All payments should be made on the ITONIX website using our Order Form via PayPal® secure transaction or by check using the specific instructions under the Customer note section of the invoice.

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 services if the Customer contacts the Company BEFORE service expiration date.

Authorized Refunds: ITONIX will refund the full amount of payment if the Company is not able to provide the hosting plan ordered on specific domain. There are no refunds to the Customer for domain name registration or Web Publishing services unless deemed appropriate by ITONIX.

Cancellation of Service: This agreement may be canceled anytime by the Customer within the first thirty (30) days or anytime afterward with a written notice of cancellation. ITONIX reserves the right to terminate all services and cancel this agreement if the Customer violates any terms of this agreement. When the Customer cancels this agreement, the Customer is not freed from payments due for work completed or services renewed on the Customers behalf and for invoices due as of the date of cancellation.

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, the Customer must pay a Hosting Restoration fee when the hosting plan services have been deactivated. In any case, the Customer is responsible and must notify ITONIX of any situation hindering payment to prevent termination of services.

Content Responsibility: The Customers is solely responsible for their websites. The Customer maintains full legal ownership, control, and rights to all applications, files, text, and images uploaded, installed, provisioned 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. Should the Customer transfer domain name registration to another registrar without proper notification, then Web services and domains are terminated.

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 services 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. The Customer is not allowed to resell or transfer accounts, hosting, or storage space, or Internet bandwidth.

Backup Responsibility: 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. Web applets, and other custom Web programming which are exclusively available on ITONIX Web servers may not be transferrable to other hosts.

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