The terms below are an integral part of this Terms of Service Agreement for the 2017 calendar year between You: the small business, organization, club, government, or individual and ITONIX™-WarGamex™ as the business and service provider. The following words used in the context of this Agreement are defined as follows: the term "ITONIX" or "Company" or "We" means ITONIX-WarGamex as the legal partnership entity; the term "Client" means the person, customer, or entity requesting Web Services from ITONIX. Once the Client agrees to accept ITONIX Web Services, the Client agrees to these terms and conditions as posted on this Web page at http://itonix.com/index.php?id=agreement throughout the period of service. ITONIX values and is committed to a professional, ethical, and good faith business with the Client pursuant to these terms and conditions defined.
ITONIX agrees to provide and the Client agrees to receive specific Web Services as ordered by the Client. The terms under General and Payment Terms, in addition to applicable service terms are agreed to by the Client and in effective the day of purchase or renewal each year 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 Client when terms of this agreement are violated or payments due are not received, especially when no effort is made by the Client to fulfill the business relationship in good faith. Our office is considered located in the greater Huntsville, Alabama metropolitan area; and the location where this agreement is fulfilled shall be within the City of Fayetteville in Lincoln County, State of Tennessee 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, marketability and fitness for any particular purpose, or lack of reasonable communications from Client. 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 Client. However, the Company guarantees its support team will respond and troubleshoot a service outage promptly after receiving an email message or written notification from the Client.
Use of Internet and Software: ITONIX is not responsible for any lose or damages arising from the Client's use of the Internet, lack of Client's communication with ITONIX support through designated email addresses, 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 Client's loss of money, protection or privacy from the use of either ITONIX service or any site including the ITONIX Cloud, domains, sub-domains, webapps, transactions, maintenance, or other external services (free or purchased).
Prohibited Content: The Client hereby agrees that all domain names and any material submitted for posting on the Client'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 Client'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 Client 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.
Client Satisfaction: ITONIX takes pride in its ability to provide personal and Client support with quality and affordable Web Services; therefore, we we make every reasonable effort to assure full Client satisfaction. We never sell or provide Client information to external third party vendors. We always negotiate professionally and with fairness in disputes and allow flexibility in accordance with the communications and business relationship. However, the Company has reserves the right to immediately cancel services and terminate this agreement at any time and with notification if the Client is deemed by us to be unreasonable, unprofessional, unruly, or hostile to our business. The Company and the Client may agree to variations of this Terms of Service 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 Client are pursuant to the terms and conditions of this agreement as presented at http://itonix.com/services/agreement.html on the Company website. These terms must be agreed to by the Client. This agreement is effective on the date stated above, and it is the responsibility of the Client 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 necessary.
Domain Name Registration: The Client retains ownership of domain names and is the official registrant owner of record when kept active AND paid for in full on an annual basis. The Client domain name registrations must be solely provided by ITONIX as the registrar or registration provider for all ITONIX domain hosting plans, except for subdomains under the Cloud Hosting Plan. The Client agrees administration of web hosting is managed solely by the Company including domain account, administrative contact, name records, name servers, MX records, domain transfers, file transfer accounts, email accounts, database accounts, restricted folders, and other related services.
Web Content Responsibility: The Client 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 Client. ITONIX monitors only active services and security of technical hosting information, and insures privacy of Client data and content including user profiles, email messages and attachments, chat rooms, and other access restricted applications.
Web Service 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 Client. ITONIX reserves the right edit the Company owned accounts, domains, directories, files, and other related service provision and control systems.
Network Bandwidth Usage: In rare instances, ITONIX reserves the right and sole discretion, to disrupt the Client's website if the Internet traffic on the Client's website causes major Internet network outages or disturbances.
Data Backup Responsibility: Unless applicable Maintenance Service is active, the Client 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 Client. The Company is not responsible for archiving and does not backup a Client's Web pages, unless the Client has purchased a Maintenance Service. ITONIX hosted Web applications and custom programming which are exclusively available on our Web servers are not transferrable to other hosts.
The Client authorizes ITONIX to collect payments due from accounts submitted and provide Web Services as ordered.
Payment Method: Web Services have annual payment terms stated on the invoice including the Due Date for renewal payment. The Client understands all payments must be made online via PayPal Invoice and payment by paper check or money order is not accepted. We are an online service and require online payment for all Web Services providing secure electronic check, ATM, or credit card transaction via PayPal® transaction with email invoicing. After receiving your order we will send a verification and process your service request. If the Clients should contact ITONIX before making a renewal payment if an invoice has not been received from ITONIX at the firstname.lastname@example.org 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 Client if notified of a payment problems in advance. However, it is totally the responsibility of the Client 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 Client contacts the Company before the Expiration Date.
Payment Refunds: ITONIX verifies orders are legitimate as requested by the Client. All service orders are final and no refunds are offered for unused services.
Renewal of Service: Services are not automatically renewed unless communicated to ITONIX by the Client. 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 Client must pay the Hosting Restoration Fee to renew service. In any case, the Client is responsible at all times to notify ITONIX of any situation hindering payment to prevent disruption of service.
Change or Cancellation of Service: Services may be changed or this agreement may be canceled anytime by the Client with a written notice of change or request for cancellation by either 1) sending a message to ITONIX Services at email@example.com, or 2) sending a letter to the ITONIX business address on the invoice. Future services will be changed or canceled as requested, except for unpaid balance due. The transfer of ITONIX Domain Name registration without notification constitutes a violation, and ITONIX reserves the right to terminate all services and cancel this agreement if the Client violates any terms of this service agreement.