| This IX-ONE.COM Online File Folder End User License Agreement ("Agreement") is by and between IX-ONE.COM ("IX-ONE.COM"), a/an individual and you, your heirs, assigns, agents and successors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of IX-ONE.COM's Online File Folder and represents the entire agreement between You and IX-ONE.COM. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which IX-ONE.COM may establish from time to time, which include the Universal Terms of Service. Such Agreements may be found here. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with IX-ONE.COM, whether or not the transactions were in Your behalf. You acknowledge that IX-ONE.COM's acceptance of any application made by You for services provided by IX-ONE.COM will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA. |
| In consideration for the Service purchased by You and provided to You by IX-ONE.COM, You agree to pay IX-ONE.COM an annual fee. You have the option of automatically renewing Your Online File Folder Service each year. If You choose to automatically renew this Service, Your annual billing date will be determined based on which day and month You establish Your Online File Folder Service with IX-ONE.COM, unless that date falls after the 28th of a month, in which case Your billing date will be the 28th of each month. Payment is to be made by You by providing either a valid credit card, an online check, or using "Good As Gold" to establish a cash reserve for charge by IX-ONE.COM (collectively, the "Payment Method"). Personal checks and money orders may only be used to fund "Good As Gold" (GAG) accounts, must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason IX-ONE.COM is unable to charge Your Payment Method for the full amount owed IX-ONE.COM for the Service provided, or if IX-ONE.COM is charged a penalty for any fee it previously charged to Your Payment Method, You agree that IX-ONE.COM may pursue all available remedies in order to obtain payment. You agree that among the remedies IX-ONE.COM may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of the Service. IX-ONE.COM reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your account. If Your account is set to automatically renew, in the absence of notification from You, IX-ONE.COM will automatically continue the Online File Folder Service indefinitely and will charge the Payment Method You have on file with IX-ONE.COM, at IX-ONE.COM's then current rates. In the event You terminate, moving Your stored data off the IX-ONE.COM Online File Folder Service is Your responsibility. IX-ONE.COM will not transfer or FTP Your data to another provider. |
| Online File Folder is not intended to assist You in engaging in unlawful or morally objectionable activities. IX-ONE.COM explicitly reserves the right to terminate Your license if it comes to IX-ONE.COM's attention that You are using Online File Folder to enable or otherwise enhance Your participation in objectionable activities, which include, but are not limited to, the following: the transmission of any material that contains software viruses or harmful computer code, or programs that are intended to maliciously disrupt servers or networks associated with the Service; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way. Due to the encryption technology incorporated within Online File Folder, IX-ONE.COM is not allowed to ship Online File Folder outside of the United States, Canada, or a U.S. Territory. Also, the Software is not allowed to be used by anyone in a government agency or a government end-user. By using Online File Folder, you agree and certify the following: - You are downloading Online File Folder to a computer that is within the United States, Canada or a U.S. Territory;
- You realize that Online File Folder is subject to export controls under the Export Administration Regulations, 15 C.F.R. Parts 730-734, administered by the Bureau of Export Administration in the U.S. Department of Commerce and agree to be bound by those regulations;
- You will not transfer this software to a computer or a user outside of the United States, Canada or a U.S. Territory;
- You are not using this software for government purposes, nor are you a government end-user.
Photo-Related Services In addition to any and all other restrictions or obligations for using Online File Folder, if You elect to use any of the photo-related services offered through Online File Folder (collectively, the "Photo Services"), You acknowledge and agree to the terms and conditions contained in this section. You acknowledge and agree that You may not - post, obtain, upload or transfer any image using the Photo Services which: is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under any applicable law; and
- infringe rights of privacy, publicity or copyrights or otherwise use content without the permission of the owner of such content and the persons (or their parents or legal guardians, where applicable) who are shown in any material.
While IX-ONE.COM offers an unconditional guarantee in connection with the products purchased through the Photo Services, You acknowledge and agree that the guarantee is subject to and conditioned upon the following: (i) errors in spelling, punctuation, accuracy or quality in the information, text or images submitted by You when using the Photo Services; (ii) the submittal by You of poor quality or resolution images; and (iii) errors related to customizable features, including, but not limited to, enhancements, choice of finish, cropping, border selection, size and formatting. The determination as to whether the guarantee applies to each particular order will be made by IX-ONE.COM in its sole discretion. Additionally, in the event You become aware of an error, such as a misspelling in an order placed using the Photo Services, You acknowledge and agree that You will have up to sixty (60) minutes in which to call customer service to have the order cancelled due to an error. After such sixty (60) minutes period, all orders will be considered placed and unchangeable. You acknowledge and agree that IX-ONE.COM or a third-party service provider may, but is not obligated to review any or all images provided to IX-ONE.COM and is not responsible for such images. Further, IX-ONE.COM expressly reserves the right to delete, edit or rearrange images that, in its sole discretion, it deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, and You acknowledge and agree to IX-ONE.COM's right to do so. You also acknowledge and agree that IX-ONE.COM or a third-party service provider may remove, publish, copy, modify, transmit and/or display any image submitted using the Photo Services. In the event You submit any images that are in violation of these terms and conditions, You acknowledge and agree that IX-ONE.COM or a third-party service provider may retain such image(s) and charge You for the full amount of Your order including a reasonable service charge for handling the order. You agree to defend, indemnify and hold harmless IX-ONE.COM for, from and against any and all damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees and costs) incurred by IX-ONE.COM as a result of third-party claims in connection with (i) Your use of the Photo Services in violation of the terms and conditions set forth in this Section; (ii) Your use of the Photo Services to the extent that such use causes or is the basis for such third-party claim(s); (iii) the violation of any applicable law to the extent such violation results from Your use of the Photo Services; and/or (iv) claims that any material You provide in connection with the Photo Services infringes or misappropriates any or all intellectual property rights of a third-party. |