Verification Products - ITI Internet Services

ITI Internet Services, Inc. Verification Products Terms & Conditions

Your use of the ITI Verification Products signifies that you have read and accept these Terms and Conditions. Please read this document carefully before registering and using any Verification Product. If you do not accept this Agreement, do not use ITI Verification Products.

1. Definitions

The following terms are defined for use in this Agreement:

"ITI" means ITI Internet Services, Inc. a Washington Corporation.
"Account" means An ITI issued account ID number used to access any service offered by ITI.
"Verification Products" means PhoneVerification, AddressVerification, CheckVerification, and BankVerification.
"Merchant" means the individual or business entity possessing an Account.
"Customer" means any person or entity using service(s) or product(s) made available by Merchant.
"Confidential Information" as used in this Agreement includes INTELLECTUAL PROPERTY, LOOK AND FEEL, source code, form variables, link tags, personally identifiable visitor information, lists, databases, reports, information created or obtained by Verification Products and such other materials as ITI may from time to time designate as "Confidential Information" under the terms of this paragraph.

2. Description of Services

Phone Verification: A service that returns the name and address for a given phone number.
Address Verification: A service used to compare an address as provided with the address of record.
Check Verification: A service that determines the likely hood of a check be negotiable, drawn on an open bank account and in good standing.
Bank Verification: A service used to identify a financial institution from an ABA / Routing number.

3. Payment

Fees charged per verification type are posted on the Verification Products web site and are subject to change. If ITI deems it necessary to change fees, notices will be mailed, emailed, and/or posted on the website 30 days prior to their subsequent change. To use any Verification Product, a Merchant must have an active Account with ITI and pay the associated $19.95 monthly service fee. Verification Product fees are billed to your ITI statement and paid automatically by the AutoPay feature of your ITI Account.

Accounts not paid due to Non-Sufficient Funds, or any other failure to remit valid payment, will be immediately suspended, possibly without notice, and charged a $25.00 return fee. Accounts suspended for 30 or more days will also be assessed a $15.00 reactivation fee. ITI reserves the right to cease all verification processing without notice until such time as outstanding balances are paid, including any late, bank and/or reactivation fees.

4. Merchant Cancellation

Merchant may at any time cancel this agreement with written notice to ITI and payment of any fees due. Accounts are not closed until the account balance is paid in full.

ITI reserves the right to cancel without notice any account that participates in any illegal, unethical, or any other socially unacceptable behavior that may reflect on the good name of ITI or its associated companies. ITI also has the right to cancel any account for non-payment of processing fees as required by this agreement.

5. Merchant's Obligation

Merchant agrees to only use the Verification Products for Legal activity and to follow all federal, state/provincial, and local laws and regulations regarding privacy, harassment and the use of personal information. Merchant agrees that it will not perform or fail to perform any act which would violate federal, state/provincial, or local law.

6. Ownership of Data

Merchant has no rights to the data acquired from the use of the Verification Products except for its own use to verify / validate its records. Under no circumstances can the Verification Product data be retransmitted or re-sold, regardless of price or compensation, without the express written consent from ITI. Verification Product data can NOT be made available to anyone other than the ITI Account holder.

7. Regulation Authorization

Merchant represents and warrants that it is legally authorized to use any information obtained through the Verification Products and has obtained all necessary regulatory approvals and certificates for the use of the information provided by ITI. Merchant further represents that it will conform to any and all laws, rules, regulations, requirements and/or other standards that are established by any regulatory agency.

8. Confidential Information and Intellectual Property

ITI reserves the right to restrict the use of its name, system, logo, software, and Confidential Information.

Merchant acknowledges and agrees that their web site information (including but not limited to name, e-mail address, URL, telephone, FAX numbers, etc.) may be utilized by ITI. Possible uses include (but are not limited to) response to a court order or subpoena and security operations.

The information provided by ITI to Merchant is proprietary in nature. Merchant acknowledges that they are not and will not be competitors of ITI for a period of 12 months, and agree not to share this information with any competitors. This obligation will survive any termination of this Agreement.

Merchant agrees that it will not make use or disclose in any way, regardless of format, within or without its own organization, any Confidential Information of ITI which is supplied to or obtained by it in writing, orally, by observation, or electronically except to the extent necessary for negotiations, discussions, and consultations with Merchant's personnel or authorized representatives concerning the subject matter of this Agreement, or any other purpose ITI may hereafter authorize in writing. This obligation will survive any termination of this Agreement.

Merchant agrees that it shall disclose the Confidential Information only to its employers or agents who need to know such information and who have first agreed to be bound by the terms and conditions of this Agreement.

Merchant agrees that it shall treat the Confidential Information with the same degree of care which is commonly accorded to Confidential Information in the high technology field.

9. Limitations of Liability for ITI

ITI does not guarantee or insure the accuracy or completeness of information delivered by the Verification Products.

ITI assumes no liability for disruptions of the Verification Products including but not limited to, vandalism, theft, phone service outages, Internet disruptions, loss of data, extreme or severe weather conditions or any other causes in the nature of " ACTS OF GOD" or force majeure. ITI shall not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case shall Merchant be entitled to recover damages from ITI which exceeds the sum of the Service Fees retained by ITI Verification Products under this Agreement during the six months prior to the event giving rise to the claim for damages.

The Verification Products and the use of the Verification Products are provided " as is" to the fullest extent permissible pursuant to applicable law. ITI disclaims all warranties expressed or implied, including, but not limited to warranties of Merchantability and fitness for a particular purpose, in relation to the service, its use and the results of such use. Without limiting the foregoing, ITI specifically disclaims any warranty (i) that the service will be uninterrupted or error-free, (ii) that defects will be corrected, (iii) that security methods employed will be sufficient, or (iiii) regarding correctness, accuracy or reliability. Applicable law may not allow the exclusions of implied warranties so the above exclusions may not apply fully to you.

10. Indemnification

Merchant is fully responsible for the content of its Website and for the advertising and promotion through any media of all of Merchant's offerings. Merchant certifies and represents to ITI that it is the owner or that it has full right and authority to use and disseminate all information, data, graphics, text, video, music or other intellectual property which either forms a part of its Web site, which is provided by Merchant to Customers, or which is used by Merchant in its advertising or promotion.

Merchant agrees to indemnify and hold harmless ITI Internet Services, Inc., its employees, officers, agents, and directors from any and all fines, penalties, losses, claims, expenses (including attorney fees), or other liabilities resulting from or in connection with this Agreement. ITI assumes no liability of Merchant for failure to follow this Agreement and any results caused by the acts, omissions, mis-use, or negligence of Merchant, sub-contractor or an agent of Merchant or an employee of anyone to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with Merchant's products, or services, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights or any claim for violation of privacy laws or related criminal statutes.

11. Term

The initial term of this Agreement shall be 90 days, automatically renewing for additional 30 day terms until a written notice of cancellation by Merchant and payment of fees due is received by ITI or until terminated under other provisions of this Agreement. ITI reserves the right to terminate this Agreement without cause upon notification to Merchant. ITI may terminate this Agreement immediately without notice at any time Merchant breaches any part of this Agreement.

12. Default

In the event Merchant defaults in any provision or fails to perform pursuant to this Agreement, ITI shall be entitled to all damages, costs and attorney's fees from Merchant.

Anyone found in deliberate violation of these terms and conditions is subject to being banned from use of all ITI goods and services without recourse ad infinitum.

It is agreed that unauthorized use or disclosure of the Confidential Information will diminish its value to ITI and will impair ITI's ability to compete in the marketplace; therefore, if Merchant breaches the Confidential Information provisions, then, not withstanding any other term or provisions of this agreement, ITI shall be entitled to all remedies available at law or at equity, including injunctive relief.

Merchant agrees to defend, indemnify and hold ITI harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from the violation of this Agreement or any third-party's rights, including but not limited to infringement of any copyright, violation of any proprietary right and invasion of any privacy rights. This obligation will survive any termination of this Agreement.

13. Invalid or Non-enforceable Provisions

The invalidity or un enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this Agreement shall be construed in all respects as if such invalid or unenforceable provision were reformed to the extent necessary to make them enforceable.

14. Choice of Law/Venue

This Agreement shall be construed and enforced in accordance with the laws of the State of Washington and the venue for any action, dispute or proceeding with respect to this Agreement shall be Pierce County, Washington.

15. Captions

The captions in this Agreement are for convenience only and shall not be used in interpreting, construing, performing or enforcing this Agreement.

16. Amendments and Modifications

Except as hereinafter provided, no Amendment or modification of this Service Agreement shall be valid unless same is in writing and signed by all parties hereto. ITI may amend this Agreement to take into account changes in law or regulations or industry mandates and to accommodate changes imposed on ITI and to make other changes deemed necessary by ITI, provided that such changes do not materially alter the ongoing obligations of the parties, by providing Merchant a notice of the changed Agreement. Unless Merchant rejects the changed Agreement and terminates this Agreement by notice to ITI in writing within fifteen (15) days after ITI provides notice of changed Agreement, the changed Agreement shall replace this Agreement and be in full force and effect.

16. Miscellaneous

This Agreement represents the complete agreement between Merchant and ITI regarding Verification Products. This agreement does not replace, but rather compliments ITI Internet Services, Inc.'s service agreement which is required to open an ITI account and made a part of this agreement by reference.

These terms were last edited on March 19th, 2009