(Revised March 15, 2008)
By ordering Ionix service, you acknowledge that you are an adult (18 years or older), that you have read and understand the Terms and Conditions and agree to be bound by the Terms and Conditions in effect and as updated by Ionix from time to time. You acknowledge that Ionix will commence delivery of the Services and incur expenses and obligations commencing 24 hours from receiving your order. Your order shall be deemed acceptance of the Terms and Conditions (the "Acceptance). The latest version of the Terms and Conditions may be found at http://www.ionix.net. For purposes of the Terms and Conditions, you will be referred to as the "Customer."
1. Services: Customer agrees to purchase telecommunication and/or network access services ("Services") from Ionix. Customer shall be responsible for obtaining and maintaining any equipment needed to access, connect to, or use the Services. Customer shall be responsible for insuring that such equipment is compatible with the Services. Services provided by Ionix are for the sole use of the Customer and not for resale of any kind without the prior written consent of Ionix, which may be given in its sole discretion. In the event the Customer attempts to resell the Services, Ionix may, at its sole discretion, increase the fees associated with the Services, or terminate the Services.
2. Billing: Customer agrees to pay all charges to Customers account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. The recurring monthly fee is due and payable in advance of the first day of each monthly billing period for which the Customer has purchased Services, with the first payment due and payable on the installation date of the Services. Monthly fees are non-refundable. The initial payment may include non-recurring installation charges including, but not limited to equipment, inside wiring and installation fees. Delinquent accounts are subject to immediate termination or suspension of Services at the sole discretion of Ionix. A Customers account is considered delinquent and Customer will be subject to a late payment fee of 1.5% per month of the outstanding balance on Customers account or $15 dollars, whichever is greater (not to exceed the maximum rate permitted by law), if payment is not received by Ionix within five (5) days from the date payment is due.
3. Intended Use of the Services: Customer agrees not to use the Services in a manner prohibited by any federal or state law or regulation. Customer further agrees to adhere to Ionixs Acceptable Use Policy (AUP). Transmission of any material in violation of federal or state law or regulation, including, but not limited to any copyrighted material, material protected by a trade secret or material or messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, is prohibited.
4. IP Addresses: IP addresses are not portable and are not assigned for independent administration or distribution. Customer understands that IP assignments are not guaranteed, and may be modified as required by Ionix and/or the American Registry for Internet Numbers (ARIN).
5. Restrictions: Home DSL prices are set much lower than business services as Home DSL customers are expected use the service for primarily personal and recreational purposes. Home DSL customers agree not to run any commercial servers in conjunction with the Services, including but not limited to, Electronic Mail, NAT, DHCP and DNS servers. Under no circumstances may any Home DSL customer run a Real Audio/Video server, "shout-cast" station, MP3 or other audio or video download area with the Home DSL service. In the event any Home DSL customer attempts to utilize a commercial or any above-mentioned server on the network, or if Customers personal servers generate more than average amounts of traffic and/or bandwidth usage, Ionix may, at its sole discretion, increase the fees associated with the Services, or terminate the Services. Email messages left on the mail server should not exceed the 10 MB limit.
6. Inside Wiring and Installation: Customer acknowledges that the inability of Customers or third partys facilities to access the Services or other operational impediments may preclude or delay delivery of Services. Customer acknowledges that the installation representative may require inside wiring to complete Services delivery at an additional hourly or other charge. Customer further acknowledges this charge will occur at the sole discretion of the installation representative. In the event the Customer fails to keep an installation appointment, Ionix may charge the Customer a fee to recover its related costs, not to exceed 50% of the actual installation costs.
7. Term / Cancellation: Customer agrees to maintain Services for a specific period from the date of activation (the "Initial Term"). Customer shall specifically select the Initial Term when ordering Services. Said Initial Term shall be either One Year or Two Years. After the Initial Term, Services shall automatically renew on a month-to-month basis unless otherwise requested by client in writing. Customer may terminate the Services at the end of the Initial Term or any renewal term by providing written notice to Ionix not less than thirty (30) days prior to the expiration of the term. Termination notice must be sent to: Ionix Technology Corporation, Attention: Cancellation Department,
PO BOX 301043, Indianapolis, IN 46230-1043.
8. Early Termination: A Customer who terminates the Services after Acceptance, but prior to the Services activation date will be charged a $199.00 order cancellation fee. A Customer who terminates the Services prior to the end of the Initial Term may be liable for any or all of the following termination charges: (1) an amount equal to 50% of the monthly recurring charge multiplied by the number of months remaining on the Initial Term; (2) an additional termination charge in an amount equal to any promotional credit, discount, or fee waiver (if applicable) provided to the Customer; (3) an additional equipment rental charge equal to the monthly equipment rental charge multiplied by the number of months remaining on the Initial Term (if applicable); and (4) a line termination fee of $250 if cancellation occurs prior to the end of the first year of service. Termination charges are billed in one lump sum and shall be payable immediately upon termination.
9. Reconnect Fee: If Customers Service is terminated due to non-payment and/or abuse, Customer agrees to pay a $100.00 reconnection fee, if Service is reactivated.
10. Disclaimer of Liability: THE SERVICES PROVIDED BY IONIX ARE PROVIDED "AS IS."IONIX MAKES NO WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED,INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR ANY WARRANTY REGARDING THE RELIABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE OF ITS SERVICES. CUSTOMER UNDERSTANDS AND ACKNOWLEDGES THAT IONIX EXERCISES NO CONTROL OVER THE NATURE, CONTENT OR RELIABILITY OF THE INFORMATION PASSING THROUGH ITS NETWORK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IONIX, ITS DEALERS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY AND CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. IONIX MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, REGARDING THE QUALITY, ACCURACY OR VALIDITY OF THE INFORMATION AND/OR DATA RESIDING ON OR PASSING THROUGH ANY NETWORK. USE OF ANY INFORMATION OBTAINED FROM OR THROUGH SERVICES PROVIDED BY IONIX WILL BE AT CUSTOMERS OWN RISK. CUSTOMER ACKNOWLEDGES THAT IONIX IS NOT LIABLE FOR ANY ERRORS OR INTERRUPTION IN THE SERVICES, WHETHER WITHIN OR OUTSIDE THE CONTROL OF IONIX. UNDER NO CIRCUMSTANCES SHALL THE CUSTOMER HOLD IONIX RESPONSIBLE FOR ANY FORM OF DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES) SUFFERED FROM, BUT NOT LIMITED TO ERRORS, DELAYS, SECURITY BREACH OR "HACK", LOSS OF INFORMATION, OR INTERRUPTIONS IN SERVICES CAUSED BY THE CUSTOMER, IONIX OR A THIRD PARTYS NEGLIGENCE, FAULT, MISCONDUCT OR FAILURE TO PERFORM. CUSTOMER UNDERSTANDS THAT TELECOMMUNICATION AND/ORNETWORK ACCESS SERVICES MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE AND FOR OTHER REASONS WITHIN AND OUTSIDE OF THE DIRECT CONTROL OF IONIX. UNDER NO CIRCUMSTANCES DO ANY SUCH ERRORS, DELAYS, INTERRUPTIONS IN SERVICES OR LOSS OF INFORMATION NULLIFY OR MODIFY THESE TERMS AND CONDITIONS. IONIX RESERVES THE RIGHT TO REFUSE OR TERMINATE SERVICES TO A CUSTOMER AT ANY TIME WITHOUT CAUSE.
11. Additional Terms and Conditions. Ionix and/or third parties may, from time to time, send e-mail messages to Customer containing advertisements, promotions, etc. Ionix makes no representation or warranty with respect to the content of any such e-mail messages or goods or services which may be obtained in response to such e-mail messages and Customer agrees that Ionix shall not have any liability with respect thereto, nor shall any such e-mail messages amend the Terms and Conditions unless specifically stated. Additionally, Ionixs web site may contain links to web sites operated by parties other than Ionix. Such links are provided for your convenience only. Ionix does not control such web sites and is not responsible for their contents. Ionixs inclusion of links to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
12. Entire Agreement. These Terms and Conditions contain the entire agreement and understanding concerning the Services and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written or oral. The Terms and Conditions may be modified at anytime by Ionix and the latest version of the Terms and Conditions may be found at http://www.ionix.net. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative hearings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Assignment and Successors in Interest. All of the Terms and Conditions shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of Customer. Except as specifically stated herein, neither these Terms and Conditions nor any of the rights, interests or obligations of Customer or Ionix shall be assigned or delegated without the prior written consent of Ionix. Any unauthorized assignment or delegation shall be null and void. Notwithstanding the foregoing, Ionix may assign or otherwise transfer its rights and obligations to any affiliate (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.
14. Venue/Choice of Law. These Terms and Conditions shall be construed in accordance with the laws of the State of California (excluding rules regarding conflicts of law) and the United States of America. In the event of any dispute, the parties submit to the personal jurisdiction of and venue in the Superior Court of the State of California, County of San Francisco, or the United States District Court for the Northern District of California in San Francisco County, and both parties represent and agree that this agreement is entered into and is to be performed in the State of California, County of San Francisco.
15. Severability. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of these Terms and Conditions (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Terms and Conditions will remain in full force and effect.
16. Indemnification. Customer shall indemnify and hold Ionix harmless against any and all claims, losses, damages and liabilities sustained by Ionix resulting from, arising out of, or connected with any breach of, or non fulfillment of any representation, warranty, covenant or agreement made by or other obligation of Customer contained in these Terms and Conditions.
17. Privacy and Sensitive Information:
Your credit card information, date of birth, e-mail
address, and social security number will not be
shared with any third parties except:
- Under legal subpoena
- To verify billing information with the
Customer's financial institution
- For credit card fraud detection
- Other Information:
We may share other limited information about you
with our Partners, under confidentiality
agreements, so that they may offer special
promotions to you.
E-mail addresses will only be shared with a third
party as described in item 1 above.
We use Network Security Services (NSS) to protect
your billing information. Secure Sockets Layer (SSL)
encrypts information and keeps the data private and
confidential between your machine and Ionix. This
technology makes it safe to transmit your credit card
number over the Internet.
Look for two security icons, the "s" after "http" in
the address line and the lock in the top menu bar and
bottom status bar of your browser in Netscape (or in the
bottom status bar only in Internet Explorer).
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