Terms and Conditions | Privacy Policy | Acceptable Usage Policy

 

This web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your use of AxWeb Solutions for web hosting services. You certify that you are at least 18 years of age. To become our account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by us. This Agreement will become effective when any account order is placed and accepted. By posting notice in web page available on our web site we may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

 

Customers are prohibited from transmitting on or through any of AxWeb Solutions services, any material that is, in AxWeb Solutions sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Our services may only be used for lawful purposes. Any transmission, distribution, or storage in violation of United States law or state regulation or law, or by common law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. AxWeb Solutions Services reserves the right to remove such illegal material from its servers.

 

* Payment Policies *

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts, major account changes and All payments are final and non-refundable!. All pricing is guaranteed for the term of pre-payment. AxWeb Solutions reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within 3 days of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies AxWeb Solutions in writing for a request for termination of services. All payment is in U.S.D/Peso currency.

 

By using Western Union or ML Kwarta Padala you are expected to open ticket with the complete details of the Payment transactions for the Administrator to pick-up your payment. When using Western Union or ML Kwarta Padala, you need to wait for 7 days longest waiting or atleast 48 hours for the Admin to pick-up all the payments. Each payment is due 3 days, failure to pay will cause suspension/termination of the account. Reactivation of the account is $10 dollars. All charges for Services must be paid in advance according to the current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by Western Union/ML Kwarta Padala, or receive an invoice and pay using paypal.com! You must notify axwebsolutions of any changes to your billing address, or any information that may prohibit axwebsolutions from charging your account. You agree to pay to axwebsolutions the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments(paypal), late charges then the account and all services will be suspended/terminated.

 

All incomplete payment using paypal within the week MUST be PAID and completed within 7 days. If the payment for a product is not fully paid after 7 days the account/product will be suspended/terminated. Please be sure to pay the exact amount in your invoice otherwise the product will be suspended/terminated within or after 7 days.

 

* Customer Billing Account *

Subscribers are responsible to keep their e-mail address and credit/debit card information up to date with AxWeb Solutions to avoid account cancellation if a problem should arise with the processing of payment. Any account not brought current within 48 hours of e-mail notice or exceeding this time frame in any way is subject to suspension. Accounts not paid by due date are subject to a $10 late fee. Service interrupted for non-payment is subject to a $10 reconnect charge. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Such termination will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

 

* Account Ownership *

AxWeb Solutions is only responsible to the present owner of the Web hosting space. We verify ownership by Paypal(payment), name, address, email address, username, & password from our helpdesk or clients area.


If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to AxWeb Solutions servers. Once the Web site is published to AxWeb Solutions servers the account owner has retained ownership of that content.

 

Terms of Service

 

* Scope of Services and Your Obligations *
1.1. This Agreement defines the terms and conditions of our services as offered by AxWeb Solutions and used by you, including the provision of web hosting services on our servers and connectivity to the Internet (the "Services"). We will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, we maintain control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.

 

1.2. As part of the Services, we will also provide your own web-based control panel (the "Control Panel") with own billing account containing links to your payment history, summaries of the Services you have chosen, newsletters and other current information.

 

1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your web site, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your web site, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your web site that may be put on by a third party (such as the usage of Free For All links pages). Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your web site, and includes, but is not limited to, the following: web publishing requires knowledge of HTML, properly locating and linking documents, FTPing web contents, graphics, text, sound, image mapping, etc.; FrontPage web publishing requires knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-scripts requires knowledge of the UNIX environment, tar, gunzip commands, Perl, CShell scripts, permissions, etc.; and mail requires knowledge of use of mail clients to receive and send mail, etc. You acknowledge that you have the necessary knowledge to create, modify and maintain your web site. We assume no responsibility to provide you with such knowledge.

 

1.4. In connection with the Services, we may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software for designing web sites (collectively, the "Tools"). Access to these Tools may be accessed via your Control Panel. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

 

1.5. We reserve the right to monitor our systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. We will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of.

 

1.6. web sites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of web sites located on our servers nor the links to other web sites are screened, approved, reviewed or endorsed.. We are not a publisher of any of the content of web sites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such web sites are the opinion of the specific author and are not our statements of advice, opinion or information.

 

* Limited Warranty; Limitation of Liability; Indemnification *

2.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither we, nor any of our employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. We are not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will we be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

 

2.2. Limitation of Liability. AxWeb Solutions shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from AxWeb Solutions servers going off-line or being unavailable for any reason whatsoever. Further, AxWeb Solutions 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 AxWeb Solutions servers. All damages shall be limited to the immediate termination of service. AxWeb Solutions shall be the sole arbiter of what is and is not a violation of these acceptable use policies. AxWeb Solutions reserves the right to terminate an account at any time and for any reason that causes harm to any AxWeb Solutions customer's web sites.

 

AxWeb Solutions reserves the right to delete all content and files upon termination. AxWeb Solutions reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. AxWeb Solutions reserves the right to refuse, cancel, or suspend service at our sole discretion.

 

2.3. Indemnification. You agree to indemnify, defend and hold us and our affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto our servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to our equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by our gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

 

* Cancellation *

- All cancellations MUST be submitted online prior to your next billing cycle.

- All cancellations must be made atleast 7 days before the next service renewal period using the form at: https://www.axwebsolutions.com/clients/

- Services will be cancelled imediatly upon receipt of cancellation request.

- How to Cancel my products? click here!

 

* Termination or Suspend of Service and Modification *

You understand and agree that, without prior notice and in AxWeb Solutions sole discretion, your access to and use of this Service may be terminated or suspended; and further, that within the Service, for any reason, including, without limitation, for lack of use or if AxWeb Solutions believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. You agree that AxWeb Solutions shall not be liable to you or any third-party for any termination of your access to the Service. You agree that AxWeb Solutions is not required to refund to you any money you may have paid if you are terminated as a User. We reserve the right, at our discretion, to change, add, or remove portions of these Terms and Conditions at any time. Please check back at this webpage periodically for changes. Your continued use of AxWeb Solutions following the posting of changes to these terms will mean you accept those changes.