User Agreement - Introduction
Welcome to the Infinitie Networks® Networks Services website ("Infinitie Networks") operated by Eonix Corporation ("Eonix"). The Website products and services (collectively, the "Services") are offered by Eonix through Web pages and linked pages that display the Infinitie Networks® Hosting Service navigation bar and include a footer link to the Infinitie Networks® Hosting Services User Agreement. By accessing the Website or using any of the Services, you agree to be bound by this User Agreement and additional or alternative terms, conditions, rules and policies in connection with any particular Service. Please note that this User Agreement may be updated from time to time without notice to you. Because the User Agreement contains legal obligations, please read them carefully. If you reside outside of the United States, you are contracting with Eonix Corporation Canada. If you have any questions, please refer to the Help section on the Site.
Section 1. Using Infinitie Networks
By utilizing service from Eonix Corporation you acknowledge that you agree to the User Agreement set forth below.
If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our service.
You MUST read, agree with, and accept all of the terms and conditions in this Agreement and the Privacy Policy, which include those terms and conditions set out below and those incorporated by reference, before you may access Infinitie Networks’s service.
While utilizing the Infinitie Networks Network, you will not:
Post, transmit, display, distribute or promote any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, profane
racist, or indecent material of any kind.
Encourage, promote, solicit or commit conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any state local national or international law.
Post, transmit, display, distribute or promote in any way, information, software, or other material that violates, plagiarizes or infringes the rights of third parties including, without limitation copyright (including, without limitation, offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, or any type of cracker utilities), trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right.
Use the Infinitie Networks Network if one of your accounts are currently under Suspension, restriction or have any limitations in place due to safety concerns or otherwise. Suspended Users are NOT eligible to use our services.
Violate any laws, third party rights, or our policies including but not limited to this User Agreement.
Use our services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Infinitie Networks Network for previous violations.
Copy, modify, or distribute content from this site and Infinitie Networks’ copyrights or trademarks.
Send unsolicited or otherwise unauthorized spam in violation of the CAN-SPAM Act through the Infinitie Networks Network
Harvest or otherwise collect information about Infinitie Networks users through the Community Forums, including email addresses, without their consent
Engage in network crippling techniques such as sending out DDos Attacks to other networks, engage in Phising schemes, or anything other illegal activities that are prohibited by law or this User Agreement.
Distribute viruses or other technologies that may harm Infinitie Networks, It’s users or any interests and properties.
Transfer your Infinitie Networks Networks account without our express written consent.
Section 2. Abusing Infinitie Networks
Infinitie Networks and the Community work together to keep the site working properly and the Community safe.
People report problems, offensive content and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.
We also reserve the right to indefinitely suspend and/or cancel any accounts that are deemed unconfirmed,
or whom we cannot verify individual or corporate identity.
You understand and agree that in the event your account is suspended from our
network you will be unable to access our services or any content or data on our
network until the specific suspended account has been reinstated by Infinitie.
We are not responsible for any data loss incurred due to Indefinite Suspension
related issues related to serious policy violations of our network.
We also reserve the right to display a suspension page on any suspended line of
service while the account is under active suspension from our network.
You understand that any suspension pages displaying on your line of service will
no longer display when/if the line of service in question is reinstated by us.
If you registered a new domain name in conjunction with your service, and
Infinitie terminates your service due to a termination for cause, then Infinitie
reserves the right to request the domain name provider to remove the domain name
from the domain name registry and/or transfer the domain name from you to
Infinitie
Section 3. Fees and Services
Creating an Infinitie Networks Client/Billing Account or Infinitie Networks Community Account is free. However we do charge for using other services, such as website hosting, data protection services, dedicated server leases.
When you sign up for services you have an opportunity to review the fees and accept the fees that you will be charged based on our current fee schedule, which may change from time to time.
Changes to policy are effective after we provide you with at least fourteen days notice by posting the changes on our website.
We may choose to temporarily change the fees of our services for promotional events or new services, and such changes are effective when we post the promotional event and for the specified duration only.
Unless otherwise stated, all fees are quoted in United States Dollars (USD). You are responsible for paying all fees and applicable taxes associated with the site in a timely manner with a valid payment method.
If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. This includes charging other payment methods on file with us, retaining collection agencies and legal counsel.
Members who are on contract terms with us and have overdue or suspended accounts are responsible for all early termination penalties as a result of termination due to delinquent status.
All paid accounts are setup on a pre-pay basis. Setup fees are charged for all new account (unless otherwise stated) and are non-refundable.
All prices are guaranteed for the term of pre-payment or the contract term specified at setup.
Infinitie Networks reserves the right to change prices with 30 days notice, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 72 hours of email notification.
Any account not brought current within 5 days of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation at Infinitie Networks’s Discretion. After 30 days services may be terminated, removed or suspended from Infinitie's servers by Infinitie with or without notice, and all the information contained within deleted permanently. Infinitie accepts no liability for information or content that is deleted due to an invalid payment method or where payments are past due on the specific account.
The customer is responsible for all money owed on the account from the time
it was established to the time that the customer notifies Infinitie Networks in
writing at
http://www.infinitie.net/pages.php?cont=cancelreq to request for termination of services.
Service Cancellation Procedure, Terms and Deadlines:
Service cancelation requests for the following month must be submitted before
the 10th day of the current billing month in order to avoid being billed for the
next month of service.
Cancellations that are submitted after the 10th of the month, will still be
subject to any fees for the next billing cycle where notification was not given.
Cancellation and Refunds:
When submitting a cancelation we will follow this process: We will first contact
you to confirm the cancellation and verify that you are authorized under your
account to cancel it, we will also verify your cancelation time frames. Then, we
will immediately suspend future billing on the service that was specified for
cancellation. Your specified services will remain until the end of the paid
period. After the paid period has expired your cancelled services will no longer
be available on our network.
Refunds will not be given on a pro-rated basis for Services provided in a given
billing period. Receipt by you of any Services in a given period will obligate
you to pay for the Services during that entire billing period.
Payments made to Infinitie Networks or Eonix Corporation are non-refundable, in the event of a dispute or adjustment in services, customers will receive a credit at Infinitie Networks’ Discretion, deposited into their Infinitie Networks Billing Account
Infinitie Networks will bill each client $50.00 per returned check and per credit card chargeback received.
If on a contract term and your account becomes suspended, it will renew at the length in which your account was suspended for.
Section 4. Overdue Accounts
You expressly understand and agree that all payments for services are due on the first of each month. Failure to make payment by 11:59PM on the first day of the month will result in a
your account being considered late.
We will allow a 5 day grace period before assessing a flat fee penalty.
If your account continues to be delinquent we reserve the right to suspend or terminate your account at any time without notice to you. You also understand and agree that you will not hold Infinitie Networks responsible for any lost data as a result of an account termination for delinquency.
If your account is terminated on a month-to-month term, there is no termination penalty; however you will be responsible for any amounts owing to Infinitie Networks. Any amounts owing after 90 days will be forwarded to a third party collection agency.
If your account is terminated on a contract term, you understand and agree you will be responsible for any penalties owing for early termination as well as any amounts owing to Infinitie Networks.
Section 5. Seizure of Domain Ownership.
You expressly understand and agree that any domains registered by you in your name using our registration service may be seized without notice to you by Infinitie Networks as collateral for any overdue amounts owed to Infinitie Networks IF your account remains overdue past ninety (90) days, or as a result of a failure to meet your contractual obligations with Infinitie Networks.
You understand that in the event your account is past due ninety (90) days your domain ownership will be seized by Infinitie Networks and will immediately be transferred to the “Eonix Asset Collections Department”. At which time the domain will be held by us for a period of thirty (30) days; if your account still remains delinquent after the holding period, Infinitie Networks will consider the Seizure permanent, and the domain may be sold by Infinitie Networks to offset any costs written off as a result of the delinquency.
In the event the domain is unsold after the holding period, you may contact the Asset Collections Department and request to purchase the domain from Infinitie Networks for the fee of $125.00 as well as any written-off amounts due to Infinitie Networks.
Section 6. Seizure of Co-location Server Hardware.
You expressly understand and agree that any hardware owned by you may be seized without notice to you by Infinitie Networks as collateral for any overdue amounts owed to Infinitie Networks IF your account remains overdue past ninety (90) days, or as a result of a failure to meet your contractual obligations with Infinitie Networks.
You understand that in the event your account is past due ninety (90) days your hardware will be seized by Infinitie Networks and will immediately be transferred to the “Eonix Asset Collections Department”. At which time will be held by us for a period of thirty (30) days; if your account still remains delinquent after the holding period, Infinitie Networks will consider the Seizure permanent, and the hardware may be sold by Infinitie Networks to offset any costs written off as a result of the delinquency.
In the event the hardware is unsold after the holding period, you may contact the Asset Collections Department and request to repurchase the hardware for the "delinquent seized items recovery fee" of $125.00 as well as any written-off amounts due to Infinitie Networks.
Section 7. Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of Infinitie Networks is strictly prohibited.
Any unauthorized use of accounts or computers by an Infinitie Networks customer, whether or not the attacked account or computer belongs to Infinitie Networks, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
Infinitie Networks reserves the right to discontinue service, or deny access to anyone who violates our User Agreement WITHOUT WARNING OR PRIOR NOTICE. No refunds or fees paid will be made if account termination is due to violation of these terms.
Section 8. Web Content Storage & Internet Link
Infinitie Networks agrees to store actively paying clients Web Site(s) on the Infinitie Networks Network of servers. The parties expressly recognize that the Internet servers, equipment and telecommunications links are susceptible to crashes and down time. Infinitie Networks warrants that it shall use its best efforts to maintain a consistent link with the Internet, but cannot and does not warrant that it shall maintain a continuous and uninterrupted link.
Section 9. Bandwidth
Infinitie Networks does not guarantee any specific response rate or download/upload time. Infinitie Networks will make best efforts to ensure that there is sufficient bandwidth available to meet all Clients' bandwidth needs.
Section 10. Liability
You will not hold Infinitie Networks or Eonix Corporation responsible for other users’ actions of inactions, including things they post. You acknowledge that Infinitie Networks is a venue and we allow anyone to host anything, at anytime, from anywhere.
Except for any warranties recited in this User Agreement, Infinitie Networks disclaims all other warranties including, but not limited to, any express or implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, non-infringement and title. Infinitie Networks shall not be liable for delays or defaults in furnishing goods or services hereunder, including, but not limited to: acts of God or of a public enemy; fires, severe weather, floods, earthquakes, natural disasters, explosions or other catastrophes, and; causes beyond the control of Infinitie Networks in furnishing items or services including, but not limited to, breakdown or failure of machinery or equipment, or delay in Client reporting problems or furnishing information or materials.
Section 11. IP Address Assignment, Rights and Usage Requirements and Recovery Surcharges
You understand and agree that IP addresses assigned to your account remain
the property of Infinitie Networks and by using the assigned IP address it does
not grant you rights to the specific IP address.
We reserve the right to reclaim IP addresses that have been assigned if the
justified need arises.
You further understand that IP address assignment is governed by ARIN policy,
namely justification requirements for assignments over 8 IP addresses.
A recovery surcharge (IPRC) will apply to all IP addresses
assigned in excess of 8 IP addresses. The Recovery Surcharge cost is a flat fee
of $0.16 per IP address issued to your account.
Section 12. Throughput
Infinitie Networks does not guarantee any specific response rate or download/upload time. Infinitie Networks will make best efforts to ensure that there is sufficient data throughput rate available to meet its Clients' throughput needs. In order that the Infinitie Networks can properly plan for its Clients' throughput needs, it is imperative that Client notifies the Service Provider of any expected significant increase or decrease in download traffic to its Web Site or Domain Name. If Client is expected to generate a significantly larger than average number of visitors / downloads for any reason it is the Client's responsibility to notify Infinitie Networks. If Client does not make efforts to notify the Service Provider of throughput needs in advance, it may be necessary for Infinitie Networks to set limits on the number of visitors the servers will process for the Client in order to protect Infinitie Networks’s other client interests.
Section 13. Network Maintenance & Performance Upgrades
Infinitie Networks may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of Infinitie Networks’ systems. However, the Infinitie Networks shall provide prior notice where it is reasonably practical under the circumstances, and Infinitie Networks shall restore service as soon as it is reasonably practical. Client shall not be entitled to any setoff, discount, refund or other credit.
Section 14. Breach of Term Contracts & Commitments
If you made a commitment as part of a promotional or plan benefit (such as an equipment upgrade, a free month of service, free installation, a rebate, or other incentive), unless otherwise specified in the offer you received, your commitment begins on the earlier of the day that you use the new equipment or accept the promotion or benefit. We will disclose the length of the commitment or contract as part of the promotion or plan.
You are permitted to cancel your plan prior to the end date of your commitment, however in most instances an early termination fee will apply.
Section 15. Data Backup, Loss, Risk & Unauthorized Access
Infinitie Networks is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from Infinitie Networks Networks' failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
Infinitie Networks is not responsible for maintaining working backup copies of data that is stored on any of our services through our wide array or available services, as such Infinitie Networks cannot be held liable for data loss of any kind and we suggest that data of any importance is frequently backed up.
Section 16. Prohibited Uses of Unmetered Traffic Feature
Infinitie Networks customers are privileged to be offered from time to time unlimited traffic for all their web sites. The intention of Infinitie Networks is to provide a large space to serve web documents without strict limitations, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Infinitie Networks’ Server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Infinitie Networks. Any customer who violates Infinitie Networks’ Policies in abusing either space/site transfer will be notified and given 24 hours to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages at $0.05/MB/per Month and may face temporary or indefinite suspension.
Section 17. Copyright Infringement
Written notification must be submitted to the following Designated Agent:
Eonix Corporation of America
Legal Department / Copyright Infringement
2360 Corporate Circle Suite 400
Henderson NV 89074
legal@eonix.net
Notification of Claimed Infringement must include the following:
Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
Statement that the complaining party has "a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law."
Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Section 18. Indemnity
You agree to defend, indemnify and hold Eonix, its affiliates, Sponsors, Suppliers and other partners, directors, officers, employees and agents harmless from any and all liabilities, claims, costs and expenses, including reasonable attorneys' fees, related to or in connection with your, or any user of your account:
a. violation of the User Agreement;
b. use of the Website or any of the Services;
c. placement, posting or transmission of any message, information, software or other content on the Website or through any of the Services.
Section 19. No Warranty
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states to not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
Section 20. Limitations of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EONIX, INCLUDING ITS AFFILIATES, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER EONIX HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OR THE WEBSITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY OF THE SERVICES, REGARDLESS OR WHETHER ANY OF THE FOREGOING IS DETERMINED TO CONSTITUTE A FUNDAMENTAL BREACH OR FAILURE OF ESSENTIAL PURPOSE.
Section 21. Resolution of Disputes
If a dispute arises between you and Infinitie Networks, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Infinitie Networks agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by contacting us directly. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of Nevada as they apply to agreements entered into and to be performed entirely within Nevada between Nevada residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Infinitie Networks must be resolved by a court located in Clark County, Nevada, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Clark County, Nevada, for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Infinitie Networks or Eonix Corporation must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Eonix may recover attorneys' fees and costs up to $1000, provided that Eonix has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Section 22. Additional Terms
The following policies are part of this Agreement and provide additional terms and conditions related to specific services offered on the Site:
Prohibited or Infringing Content Policy
Investigations Policy
Our Policy Governing Data Retrieval for Suspended Users
Suspended User or Non-Eligible User Policy
Rules for Everyone
Privacy Policy
Each of these policies may be changed from time to time. Changes take effect when we post them on the Site. When using particular services on the Site, you are subject to any posted policies or rules applicable to services you use through the Site, which may be posted from time to time. All such policies or rules are hereby incorporated into this Agreement.
Section 23. General
Eonix Corporation is located at 2360 Corporate Circle Suite 400 Henderson NV 89074. If you reside outside of the United States and are registered on this site, the policies are administered by Eonix Corporation Canada, International Policy Department, located at: PO BOX 4798 Station Main, Vancouver British Columbia, V6B 4A4 Canada
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. Additionally, we will notify you through the Site's message center tools. This Agreement may not be otherwise amended except in a writing signed by you and us. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
This User Agreement was last revised on June 1, 2011
