All Contents Copyright © 1997-2012 ION Graphics, LLC. All Rights Reserved.
INTRODUCTION & PURPOSE
This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of IONGraphics.com run by ION Graphics, LLC, governing the use by the Customer and/or Visitor ["Customer/Visitor"] of IONGraphics.com's web site, services and products.
Please read through these Policy & Terms. By accessing the IONGraphics.com web site, or by otherwise accessing any content found on this web site, or by becoming a Customer, you are deemed to have entered into an agreement with ION Graphics, LLC.
You [the Customer/Visitor] should be aware that it is illegal to reproduce or distribute copyrighted material without the permission of the
All web pages, including graphics and text elements, displayed on this ION Graphics web site are protected by copyright under
U.S. copyright law, international conventions, and other copyright laws.
[Customer/Visitor] cannot use the Content, except as specified herein.
Any visitor is hereby permitted to view, copy, print, and distribute any page of this web site subject
to the following conditions:
- The copy/print may be used for limited, personal, non-commercial informational purposes only.
- Any copy of this web site or portion thereof must include the copyright notice.
- Any other use or reproduction requires express written consent of ION Graphics.
- Links to the ION Graphics web site requires prior written consent of ION Graphics.
- All other rights reserved.
THIRD PARTY WEB SITES
The ION Graphics web site may from time to time electronically refer or connect users to third party web sites.
Such web sites may contain copyrighted material that remains the property of their respective owners.
ION Graphics web site may be linked to other sites not maintained by
ION Graphics and therefore is not responsible for the contents of those web sites. Including an ION Graphics link does not
imply endorsement of those sites. Descriptions of, or references to, products or web sites within the ION Graphics web site
do not imply endorsement of that product, web site or service.
ION Graphics", "An Eye On Graphics" and "For Scouts Only" are trademarks of ION Graphics and MAY NOT be used by any
visitor in any manner without the prior written consent of ION Graphics, LLC.
All other product names and company logos published herein remain the trademarks, as applicable, of their respective
ERRORS, OMISSIONS AND CHANGES
While ION Graphics, LLC makes every effort to ensure the accuracy of
materials presented within the ION Graphic's web site, there may be unintentional technical or factual inaccuracies or
typographical errors. It is your responsibility to verify any information before relying on it. ION Graphics makes
no commitment to update the information and expressly disclaims liability for errors or omissions in it. Changes are
periodically added to the information herein; these changes will be incorporated in new editions of the web site. ION
Graphics may make improvements and/or changes in the text, graphic(s), product(s) and/or program(s) described or
displayed in this web site at any time.
General Email Usage:
If you provide your e-mail address to public domains such as chat rooms or newsgroups, or you provide it to websites which don't respect your privacy, you may begin to receive unsolicited e-mail. Unsolicited e-mail is also known as spam. Although ION Graphics has strict rules prohibiting spam and we do block certain known groups from sending unsolicited messages to IONGraphics.com server, it is generally a good idea to provide your e-mail address only to people or groups that you trust.
Backup Your Emails:
[Customer] must also do regular back-ups of their emails as ION Graphics cannot be responsible for any missing or saved emails. We do backups on a regular basis with the server but they are only saved for 7 days, if your emails are left on the server and not downloaded.
Webmail/Horde for Checking Emails:
Our webmail system, Horde, is provided to you [Customer] as a means to check your emails, not a means to store and use as an email program. Please use Outlook or Thunderbird for your email client. Other options would be to use an email service such as Google Apps, Office 364, Fusemail, or Appriver.
Viruses and other BadWare:
We do not guarantee that your emails are free from viruses or any other defects although due care has been taken to minimize the risk with added software on the IONGraphics.com server. No liability or responsibility is accepted if information or data is, for whatever reason corrupted or does not reach its intended recipient. We highly recommend [Customer] install some type of anti-virus software on their computers.
Prohibited Actions with Email:
[Customer/Visitor] have a responsibility to use this resource in an efficient, effective, ethical, and lawful manner. Violation of this policy may result in possible termination or legal action.
Email Account Security:
- Generating unsolicited commercial e-mail - SPAM.
- Using our service to violate rights of others
- Impersonation of other individuals
- Anonymous use of this service
- Reverse engineering, hacking, altering our service
- Illegally sharing copyrighted items (software, photos, music, etc.)
- Sending e-mail/files that is harmful to minors
- Intentionally transmitting viruses, worms, trojan horses, back doors, hoaxes, chain letters, and the like
- Any illegal activities
- Sending a bulk number of emails to intentionally consume a large amount of disk space is prohibited.
[Customer] is responsible for any misuse of their email account. Subscribers must take steps to ensure that others do not gain unauthorized access to their account. It is the responsibility of the [Customer] to keep his/her password secure.
All our employees and programmers, who have access to, and are associated with the processing of personal data, are obliged to respect the confidentiality of our [Customer] personal data.
We ensure that your personal data will not be disclosed to State institutions and authorities except if required by law or other regulation.
Hosting prepayments are nonrefundable. [Customer] must request cancellation prior to the start of your next billing cycle to prevent charges from being assessed. If [Customer] decides to discontinue a domain prior to renewal, their account is still available for them to substitute another domain not presently or previously hosted by us. Setup of domain is $65.00 each occurrence.
All payments must be in US Dollars. We will accept a checks. If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $50.00 plus late fees if applicable.
All charges payable by [Customer] for the Services shall be in accordance with the scale of charges and rates we set and shall be due and payable in advance of our service provision.
[Customer] billing is based on the date that you signed up with us. There are incidences when the payment date has been, or will be, modified.
Without prejudice to our other rights and remedies under this Policy, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of services to [Customer].
Account Suspension for non-payment, can result in an administrative fee of $30, to re-connect service.
ION Graphics is not a lawyer or law firm and does not employ any lawyers or legal counsel of any type. This website is for informational purposes only and does not give legal advice or substitute for consulting an attorney. Nothing contained herein shall constitute the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, including but not limited to the preparation of any contract or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined. Transmission of any information by and/or through ION Graphics is not intended to create and receipt thereof does not create an attorney-client relationship. ION Graphics makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website and its associated sites. Because legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, ION Graphics recommends that all Members and/or Customers discuss their particular situation with an attorney.
LIQUIDATED DAMAGES / LIMIT OF LIABILITY
Under no circumstances shall ION Graphics be liable to any [Customer/Visitor] on account that [Customer/Visitor] use or misuse of or reliance on the[product/information/service] provided by and/or through ION Graphics. In no event shall [Customer/Visitor] recover more than the amount paid by [Customer/Visitor] for the [product/information/service] purchased from and/or through ION Graphics.
ION Graphics assumes no liability for the information, services, and/or products provided by and/or through ION Graphics. Any information contained in ION Graphics, any products purchased from and/or through ION Graphics, and any information contained in or a part of any products purchased from and/or through ION Graphics is provided "AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
CHOICE OF LAW, MEDIATION, VENUE
Any dispute arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through ION Graphics shall be governed by and construed in accordance with the substantive laws of the State of Texas and the laws of the United States of America applicable to transactions within the State of Texas. Any purchase made from and/or through ION Graphics shall constitute an agreement (the “Agreement”) performable in Harris County, Texas. Prior to instituting any legal action in any court of law arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement, [Customer/Visitor] and ION Graphics expressly agree that any such dispute shall first be subject to non-binding mediation conducted by Dispute Resolution Services of Southeast Texas. [Customer/Visitor] and ION Graphics shall bear the cost of said mediation equally. [Customer/Visitor] and ION Graphics may institute legal action arising out of, in connection with, or in relation to the interpretation, performance, or breach of the Agreement only after participating in said mediation. Following the requisite mediation, any legal action arising out of, in connection with, or in relation to the information, services, and/or products provided by or through ION Graphics shall be brought exclusively in a State of Texas court in Harris County, Texas. The information, services, and/or products provided by and/or through ION Graphics shall be deemed made and performable in Harris County.
To the fullest extent permitted by law, [Customer/Visitor] shall RELEASE, INDEMNIFY, DEFEND, and HOLD HARMLESS ION Graphics from and against, and assume responsibility for, any and all claims, damages, losses, fines, civil penalties, liabilities, judgments, costs and expenses of any kind or nature whatsoever (including but not limited to interest, court costs and attorney’s fees) arising out of, in connection with, or in relation to the information, services, and/or products provided by and/or through ION Graphics to [Customer/Visitor] or any intended third-party beneficiaries of [Customer/Visitor], regardless of whether or not the damage, loss or injury complained of arises out of or relates to the negligence (whether active, passive or otherwise) of, or was caused in part by, ION Graphics.
ION GRAPHICS, LLC
P.O. BOX 5535
KINGWOOD, TEXAS 77325-5535