<img class="alignleft" style="border: 0pt none;" src="https://itxdesign.com/images/policies_account_setup_head.gif" border="0" alt="policies header" width="216" height="22" /><strong>
</strong>

Upon account setup and activation user agrees to be bound by <em>all guidelines</em> as outlined in our Acceptable Use Policy (AUP).

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_refusal_header.gif" border="0" alt="" width="216" height="22" />
We reserve the right to refuse, terminate, or suspend service at our sole discretion.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_content_header.gif" border="0" alt="" width="216" height="22" /><strong>
</strong>All services provided by ITX Design, LLC must be used  only for lawful purposes.  Any account that is found to be either  questionable or in violation of this policy will be terminated <em>without warning</em>.  As a user, it is your responsibility to request approval if you have  doubt or you are unsure on whether your content is acceptable.

ITX Design, LLC does not permit the following on our system:
<img style="border: 0pt none;" src="https://itxdesign.com/images/bullet.gif" border="0" alt="" width="8" height="8" /> <strong>Web sites with hacking content or links to hacking content</strong>
<img style="border: 0pt none;" src="https://itxdesign.com/images/bullet.gif" border="0" alt="" width="8" height="8" /> <strong>Pornographic material or links to sites with pornographic material</strong>
<img style="border: 0pt none;" src="https://itxdesign.com/images/bullet.gif" border="0" alt="" width="8" height="8" /> <strong>Improper use of copyrighted material</strong>
<img style="border: 0pt none;" src="https://itxdesign.com/images/bullet.gif" border="0" alt="" width="8" height="8" /> <strong>Pirated software</strong>
<img style="border: 0pt none;" src="https://itxdesign.com/images/bullet.gif" border="0" alt="" width="8" height="8" /> <strong>Warez sites</strong>
<img style="border: 0pt none;" src="https://itxdesign.com/images/bullet.gif" border="0" alt="" width="8" height="8" /> <strong>IRC Bots</strong>
<img style="border: 0pt none;" src="https://itxdesign.com/images/bullet.gif" border="0" alt="" width="8" height="8" /> <strong>Daemons</strong>

ITX Design, LLC will be the sole arbiter as to what constitutes a content violation.

All users of our system agree to indemnify and hold ITX  Design, LLC guiltless for any judgment or action taken against them due  to their actions or content that is placed on our system.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_spam_header.gif" border="0" alt="" width="216" height="22" />
The sending of unsolicited emails, or spamming, is  prohibited on all ITX Design, LLC servers. You are responsible for all  email addresses associated with your account and for all emails that are  sent through your domain. Any account found in violation of our  no-tolerance spam policy will be immediately terminated without warning.

Our AUP requires that all mass mailings be sent to closed-loop, or  double opt-in recipients only. A closed-loop opt-in system consists of  sending the opt-in recipient a single confirmation email at the time of  sign-up, which they must act upon before being added to that list. If a  recipient does not confirm their subscription, they should be sent no  further messages.

This method of mass mailing is required per our AUP, and will also  ensure that mailings are being sent only to recipients that genuinely  wish to receive them, reducing the number of complaints.

If you fail to abide by these policies and your account is terminated  for spamming there is a termination fee of $175 for shared accounts and  $300 for dedicated servers.  This cost covers the hours that are  required to terminate the server and contact all of the primary email  providers to ensure the server isn't blacklisted.  If you are terminated  for spamming your account will be removed without warning and all of  your files will be deleted.  The termination fee is then automatically  charged to the credit card that was on file for your account.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_10percent_header.gif" border="0" alt="" width="216" height="22" />
Usage of more than 10% of ITX Design, LLC system resources  at any given time is a harmful burden and is completely unacceptable.  Any account found in violation by using more than 10% of the system  resources at any given time will be terminated from the system  immediately without warning.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_backup_header.gif" border="0" alt="" width="216" height="22" />
Your are responsible for keeping current backups of your  files. Although, ITX Design, LLC conducts routine system backups and can  often restore client data we are not responsible for file or data lost.  If you incur file or data loss you agree to hold ITX Design, LLC  guiltless.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_payment_header.gif" border="0" alt="" width="216" height="22" />
Each account is automatically renewed for an additional  term upon your contract due date and the account balance is then debited  from the credit card on file for your account. If you are a credit card  paying client and the transaction is declined on your due date, a $0.50  fee will be applied against your current balance for each declined  charge due to the late payment on your account. If at anytime you wish  to cancel service you must complete our online cancellation form 48  hours before your next due date in order to avoid the automatic account  renewal. Cancellation of your hosting account is solely your  responsibility. There is no cancellation fee or penalty for terminating a  hosting account. However, if you cancel your account after billing has  occurred there is no refund for the remaining time unused.

The Cancellation form is located at:
<a href="http://www.itxdesign.com/web-hosting-cancellation-page/"><strong>https://itxdesign.com/webhosting_cancellation.php</strong></a>

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_domain_header.gif" border="0" alt="" width="216" height="22" />
Domain Registration is currently offered through ITX Design,  LLC at the rate of $8.95/year for domains hosted by ITX Design, LLC and  the InterNIC approved registrar is Bulkregister. All domain names are  registered using the Administrative, Technical and Billing Contacts  specified when you place an order. Since the domain name is registered  in your name you receive full rights to the domain name. All domain  registrations are for a one-year period and they are set to  automatically renew 30-days before the next due date to ensure that you  maintain control of your domain. If you do not wish to renew your domain  name please contact us 30-days before the domain expiration date and we  will then remove the automatic renewal feature from your account. If  the domain name is not hosted by ITX Design, LLC the renewal rate is  $35.00/year and you must contact ITX Design, LLC with the proper billing  information to ensure the domain is properly renewed. There are no  refunds for either registered or renewed domain names.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_support_header.gif" border="0" alt="" width="216" height="22" />
ITX Design, LLC offers multiple forms of customer support.  All clients should utilize the online knowledgebase and help desk to  receive support from ITX Design, LLC. In the event that the previous  methods do not bring about your satisfaction telephone support is also  available. As a user of our system you agree not to abuse our customer  support. ITX Design, LLC will be the sole arbiter as to what constitutes  a violation of this provision. Customer support does not include the  debugging of any client content.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_failure_header.gif" border="0" alt="" width="216" height="22" />
Failure to follow any term or condition will be grounds for  immediate account termination. No refunds are guaranteed under any  circumstances and any that is given is solely at the discretion of ITX  Design, LLC.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_termination_header.gif" border="0" alt="" width="216" height="22" />
Neither party will be liable to the other for any  termination or expiration of any Service or this Agreement in accordance  with its terms.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_liability_header.gif" border="0" alt="" width="216" height="22" />
ITX Design, LLC shall not be responsible for any claimed  damages, including incidental and consequential damages, which may arise  from ITX Design, LLC's servers going off-line or being unavailable for  any reason whatsoever. ITX Design, LLC makes no warranties of any kind,  expressed or implied, for services we provide. ITX Design, LLC disclaims  any warranty or merchantability or fitness for a particular purpose.  This includes loss of data resulting from delays, non-deliveries, wrong  delivery, and any and all service interruptions caused by ITX Design,  LLC and its employees. Further, ITX Design, LLC shall not be responsible  for any claimed damages, including incidental or consequential damages,  resulting from the corruption or deletion of any web site from one of  ITX Design, LLC's servers.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_indemnification_he.gif" border="0" alt="" width="216" height="22" />
Client agrees to indemnify ITX Design, LLC for the  violation of any law or ITX Design, LLC policy that results in loss to  ITX Design, LLC or the bringing of any claim against ITX Design, LLC. In  the event ITX Design, LLC is sued as result of activities of the client  that violate any law, or this policy, the client agrees to pay any  damages awarded against ITX Design, LLC, plus costs and reasonable  attorneys' fees.

ITX Design, LLC shall be the sole arbiter of what is and is not a  violation of these acceptable use policies. ITX Design, LLC reserves the  right to terminate an account at any time and for any reason that  causes harm to any ITX Design, LLC client's web sites. ITX Design, LLC  reserves the right to delete all content and files upon termination. ITX  Design, LLC reserves the right to withhold any pre-paid funds for any  site removed for violations of these policies. ITX Design, LLC reserves  the right to refuse, cancel, or suspend service at our sole discretion.

All clients must be at least 18 years of age to obtain our service.

ITX Design, LLC reserves the right to change the Acceptable Use Policy  and hosting plan configurations without prior notice or warning.  Non-enforcement of any part of the Acceptable Use Policy does not  constitute consent.

Violations of these Acceptable Use Policies should be brought to our  attention immediately . All complaints will be investigated promptly.

<img style="border: 0pt none;" src="https://itxdesign.com/images/policies_final_header.gif" border="0" alt="" width="216" height="22" />
This Agreement shall be governed by and construed in accordance with the  laws of the State of Virginia, without regard to its conflicts of law  provisions.  The exclusive jurisdiction and venue for any disputes  arising out of this Agreement shall be the federal or state courts  located in Fredericksburg, Virginia, and all parties hereby consent to  personal jurisdiction and venue therein.

ITX Design, LLC and Client hereby knowingly, voluntarily and  intentionally waive the right to a trial by jury in respect of any claim  based hereon, arising out of, under or in connection with this  agreement or any other documents contemplated to be executed in  connection herewith or any course of conduct, course of dealings,  statements (whether verbal or written) or actions of any party relating  to the parties’ business relationship, and agree that no party will seek  to consolidate any such action with any other action in which a jury  trial cannot be or has not been waived.  This waiver constitutes a  material inducement for ITX Design, LLC to accept this agreement.

This agreement supersedes any written, electronic, oral or implied  communication you may have had with ITX Design, LLC or any agent or  representative thereof, and constitutes the complete and total agreement  between the parti