PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
Terms of Service
Use of Axios Service constitutes understanding, acceptance and agreement to the Axios Terms of Service as well as the Axios Acceptable Use Policy. Axios may modify the Policy and the Terms at any time in its sole discretion. Any modifications are effective upon posting on the Axios web site. You understand that modification by Axios shall not be grounds for early contract termination or non-payment.
Description of Services
Axios provides Services to its customers for a monthly fee. Axios will provide You services, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. Axios reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Axios shall use reasonable efforts to notify You in advance of any planned changes to Axios's network or facilities that may adversely affect the Services provided under this Agreement.
Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly renewal date for future billings. Fees are due in advance of the monthly service cycle and will be invoiced prior to the 1st of each month. All payments to Axios are final and non-refundable.
Axios reserves the right to change fees, change monthly service rates or to institute new fees at any time upon posting to Axios website. Axios reserves the right to change Customers monthly service rates at any time upon 30 days prior notice to customer.
Axios provides options for payment:
- Credit Card on File. When you place a credit card on file with Axios, we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. If your invoice becomes 3-days or more past due (from the invoice Due Date) then Axios reserves the right to suspend service until payment is received or terminate service after 5 days past due.
- Axios is able to accept payments via Pay Pal. Payments must be fully cleared before they are credited to your account. Bounced payments will incur a fee of $35.00 or, if less, the legal limit for a bounced check or payment in your state or country. In the event Your invoice is 3-days or more past due (from the invoice Due Date) then Axios reserves the right to suspend service until payment is received or terminate service after 5 days past due.
In the event you fail to pay your invoice within 3 days of the due date, we reserve the right to suspend your service.
If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and destroy all existing data from our resources.
If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.
"Overage" is defined as usage of the Services provided by Axios to You in excess of the allocated limitation. Overages are charged for SAN, Backup, and Bandwidth used in excess of the amount allocated to Your account.
You agree to pay the then-current Overage fees and charges for the Axios services, including backup and bandwidth Overage fees, upon receipt of an invoice. Usage information is available upon request.
Overage fees can be avoided by subscribing to a higher service plan.
Term and Termination and Money Back Guarantee
You agree to a month to month term for the Services unless otherwise agreed to in writing. The month to month term for services is automatically renewed each month unless either party notifies the other in writing of its desire that the Agreement not be renewed, no later than ten (10) days before the next upcoming anniversary date for billing. For information on how to terminate Your account, please contact Axios customer service department at email@example.com.
Regarding mid-month or mid-period terminations, Axios will not issue pro-rated refunds for terminations received in the middle of a payment cycle. Receipt by you of any Services in a given period will obligate you to pay for the Services during that entire billing period.
Axios may terminate this Agreement effective immediately and without notice upon any breach by You of any of the terms of this Agreement. In such event, Axios shall have no obligation to refund any fees paid in advance by You.
At this time, Axios does not offer a refund-based money-back-guarantee of any kind.
Chargebacks and Payment Disputes
Under this Terms of Service agreement you must first contact Axios to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our billing department within one month of the invoice payment in question.
By using our services You agree to the above policy and to contact Axios before contacting your financial institution to seek a resolution.
In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.
Promotional or Special Offers: Pre-payment Offers
From time to time, Axios may offer discounted pricing for initial introductory periods. A condition of such discounted pricing may be the requirement that prepayment for a period longer than the introductory period be paid. For example, the first month's service may be offered for a discount, with the standard pricing going into effect during the second month, with a quarterly prepayment being required. Promotional offers are non-refundable.
Promotional or Special Offers: Other Types of Offers
From time to time, Axios may offer promotional or special offers as sales incentives. These offers may be comprised of discounts, free time, free services, discounted services, trial offer periods and other types of offers. Such offers cannot be combined with other offers unless otherwise stated and are one-time use offers. Only one offer permitted per customer. Offers are valid only where they are permitted by law. Offers are void where prohibited. Some offers require You, the Customer, to contact Axios prior to the expiration of the trial period in order to avoid being re-billed. Offers which provide a discounted monthly rate for a specified period of time will reset automatically to the full monthly rate once the promotional period has passed and You, the Customer, agree to pay, in full, the full monthly rate, unless You cancel in advance.
Any abuse towards any Axios employee will not be tolerated. You are expected to request and respond to support, billing and other issues in a professional manner, when emailing, calling or submitting online tickets to Axios. Any behavior which Axios, in its sole discretion, considers unacceptable shall be considered a violation of this Terms of Service agreement. Axios will not issue partial refunds or credits as a result of Policy violation termination.
Axios reserves the right to cancel, suspend or terminate any or all of the Services after receiving billing, sales or technical requests which Axios, in its sole discretion, considers unreasonable or excessive. Axios may limit, at any time or without prior notice to you, the availability and type of billing support provided.
License to Host
You hereby grant to Axios a non-exclusive, royalty-free, worldwide right and license during the term of this Agreement to do the following to the extent necessary to provide the Services under this Agreement: (a) install, upload, digitize, convert, select, order, arrange, compile, combine, synchronize, use, reproduce, store, process, retrieve, transmit, distribute, publish, publicly display, publicly perform and hyperlink any content uploaded by You; and (b) make backup or archival copies of content uploaded by You to the Axios servers. Axios shall have the right, but not the obligation, to make backup copies of the data uploaded by You to the Axios servers. You are responsible for any of your content residing on Axios's servers and for the backup thereof.
Storage and Security
At all times, You bear full risk of loss of any content and software you place on the Axios servers. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of the content displayed, linked, transmitted through or stored on the server.
You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent backup and archival copies of Your content; and (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on Axios servers. Axios shall have no liability to You or any other person for loss, damage or destruction of any of Your content.
IP Address Ownership
Axios will maintain and control ownership of all Internet Protocol (IP) numbers and addresses that Axios may assign to customer. Customer shall have no right to use that IP number or address except as permitted by Axios in connection with the services. Axios reserves the right to change or remove any and all such IP numbers and addresses.
Acceptable Use Policy
You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; - administer IRC; - provide web proxying or other anonymizing services to hide the origin of network traffic; - harm minors in any way; - impersonate any person or entity; - "stalk" or otherwise harass another person; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; - upload, post, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); - upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; - upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes;" - upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; - interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; - intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; - provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or - collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.
Zero Tolerance Policy for Unsolicited E-mail/Black Listing
"Unsolicited E-mail Complaint" is an occurrence of a third-party complaint regarding a specific E-mail communication message sent by You.
Black Listing: "IP Black Listing" is an occurrence when a third party black listing service determines that a Axios issued IP address is a frequent source of Unsolicited E-mail. Black Listings result in the IP address (or multiple IP addresses in the same "IP range") being unable to send E-mail to certain third parties.
The following portion of this Agreement is intended to comply with the United States CAN-SPAM Act (the "Act".) The Act states that commercial E-mail must be solicited, an effective, visible and clearly defined un-subscription process be in place, that every E-mail message sent be sent from a valid address, without any form of IP or source spoofing, that every E-mail message sent contain the physical contact information of the sender, that every recipient of such E-mail messages has requested to receive such E-mails and that the messages and method in which they were sent comply with the other provisions of the United States CAN-SPAM Act.
Zero Tolerance for Black Listing: Axios has a Zero Tolerance policy regarding Black Listings and considers any attempt to send Unsolicited E-mail Messages or other forms of Spam E-mail (including "Spamvertising" other websites or services or products) to be violations of this Agreement. If an IP address assigned to You is found to be Black Listed, Axios reserves the right to discontinue your services immediately with or without warning.
Furthermore Axios will levy a Black Listing processing fee of $100 for the first instance of IP Black Listing and $200 for the second instance of IP Black Listing (collectively, the "Penalties".) If your service is terminated under the Unsolicited E-mail Policy then you forfeit all fees paid, including pre-paid fees and unused time. All fees paid become non-refundable. Further, account termination does not absolve or nullify Penalty payments you may owe to Axios. Further, you may accumulate additional Penalties based on complaints received after your termination. This section of the Agreement will survive for a period of one year after this agreement is terminated.
Axios will not issue partial refunds or credits as a result of Policy violation termination.
Disclaimer of Warranties
You acknowledge and agree that Axios exercises no control over, and accepts no responsibility for, the content of the information passing through the host computers, network hubs and points of presence or the Internet. NEITHER AXIOS, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT AXIOS PROVIDES. NEITHER AXIOS, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. AXIOS IS NOT LIABLE FOR THE CONTENT OR LOSS OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CLIENTELE VIA THE SERVICES PROVIDED BY AXIOS.
You agree to indemnify, hold harmless, and defend Axios and all directors, officers, employees, and agents of Axios from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) arising out of or relating to the use of the Services by You, including any violation of the Acceptable Use Policy set forth in this Agreement. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or damage to business.
Limitation of Liability
IN NO EVENT SHALL AXIOS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF AXIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Axios's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by You for the Services during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Axios's Utilization of Third Party Services
Axios reserves the right, and You agree to pay for, services of third party entities hired by Axios in its discretion to assist Axios in providing the Services to you. Fees for the services of third parties retained by Axios will be charged to You in the invoice covering the period during which the third party services were utilized by Axios.
Axios shall not be liable for failure or delay in performing its obligations under this Agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
You represent and warrant that Your use of the Services shall not infringe the intellectual property or other proprietary rights of Axios or any third party. You further acknowledge that all right, title and interest in any and all technology, including the software that is part of or provided with the Services and any trademarks or service marks of Axios is owned by Axios and/or its licensors. Unless otherwise specifically provided in this Agreement, You shall have no right, title, claims or interest in or to Axios's intellectual property.
You shall not copy, modify or translate any Axios intellectual property or related documentation, or decompile, disassemble or reverse engineer same, to use it other than in connection with the Services, or grant any other person or entity the right to do so. Unless otherwise specifically provided in this Agreement, You are not authorized to distribute or to authorize others to distribute Axios intellectual property in any manner without the prior written consent of Axios.
Axios respects the intellectual property of others, and we ask You to do the same. Axios may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers.
Governing Law and Forum Selection
This Agreement shall be interpreted and construed according to, and governed by, the laws of the State of Florida. The Circuit Court of Palm Beach County, Florida shall have exclusive jurisdiction to hear any dispute under this Agreement, or, if such court is without subject matter jurisdiction, the United States District Court for the Southern District of Florida shall have exclusive jurisdiction.
Waiver and Modification
Except as otherwise provided herein, this Agreement may not be amended except through a writing executed by the parties. Any failure or delay in exercising any right, remedy, or power under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
Assignment and Severability
This Agreement shall be binding upon and inure to the benefit of You, Axios and their respective successors, and assigns. You may not assign this Agreement without the prior written consent of Axios, which consent will not be unreasonably withheld. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Additional Incorporated Agreements
Additional amendments to the Agreements, when noted, are amendments to this Agreement and are to be incorporated into it. Examples include terms and conditions for promotional offers and other additional terms and conditions.
Axios reserves the right to modify this agreement as needed without notice, and You agree that by creating, using, or otherwise engaging in business with Axios, that You have fully read, fully understand and agree to these Terms and Conditions. You understand that the Terms and Conditions in the Agreement are legally binding and that you are authorized to enter into such agreements on behalf of Your organization or Yourself.
DMCA Notice Policy
Axios, LLC. respects the intellectual property of others, and we ask our users to do the same. Axios may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Axios's Compliance Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Axios's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By CERTIFIED mail:
Axios, LLC. Compliance Agent 5000 T-Rex Ave Ste 325 , Boca Raton, FL 33431
WHILE EVERY ATTEMPT WILL BE MADE TO PROCESS YOUR REQUEST WITHIN THE SHORTEST POSSIBLE TIME PERIOD, DUE TO WORKLOAD PLEASE ALLOW UP TO 5 BUSINESS DAYS FOR PROCESSING.
We are committed to protecting your privacy
We may collect any or all of the information that we require via both automated means such as communications profiles and cookies. Personal Information you give us depends on the type of service, support, or sale inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, credit card or other payment information. The financial information will only be used to bill you for the products and services you purchased. If you purchase by credit card, this information may be forwarded to your credit card provider.
This information is used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorized access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.
We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.
We do not disclose any personal information obtained about you from this website to third parties. This does not apply to affiliates that provide services to you based on links provided within any third party hosting control panel, wherein information will be shared to facilitate your use of additional amenities included with your hosting account.
We may use personal information to keep in contact with you and inform you of developments associated with our business. We may also disclose aggregate, anonymous data based on information collected from users to potential partners, our affiliates, and reputable third parties.
Correcting/Updating Personal Information
If a customer's personally identifiable information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer's personal data in our records. In most cases, this can be achieved via our account management panel. Otherwise, please contact us at firstname.lastname@example.org .
Opt Out & Modifications
By default, customers do receive any voluntary system updates, such as newsletters, invoices, and mailings. Any customer who voluntarily receives these updates may unsubscribe at any time. Customers may not opt out of possibly receiving important system notifications, in the rare event that such notification would be necessary.
Axios uses technical security measures to prevent the loss, misuse, alteration or unauthorized disclosure of information under our control. Axios uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. When we ask customers or users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer ("SSL") technology.
Data and Information Submitted to Another Person or Entity on Our Network
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about Users upon valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or stop activity we consider illegal or unethical.
Changes to this Policy
Enforcement and Dispute Resolution
5000 T-Rex Ave, Ste 325
Boca Raton, FL 33431
Axios will seek to resolve any concerns. Axios has also agreed to participate in the dispute resolution program provided by the European Data Protection Authorities.
Service Level Agreement
99.9% Network Uptime Guarantee
Axios is committed to maintaining a reliable, high-speed network with a guaranteed network uptime of 99.9%. We will credit a percentage of the subsequent month’s fee for any excess downtime that is experienced due to circumstances within our control. This guarantee applies to any Customer who has purchased service and whose account is in good standing.
If network downtime is in excess of .1% for the month, customers may request a credit of one day’s fees for every consecutive 30 minutes the network is unavailable in excess of .1%. Credit will be calculated using the monthly recurring base fee, excluding any set-up or additional service charges. Total credit is not to exceed 50% of monthly base fee.
Network uptime includes functioning of the network infrastructure and does not include services or software running on your server. Network downtime is defined as 100% packet loss from Axios to its backbone providers.
Exceptions include (i) scheduled maintenance and emergency maintenance and upgrades; (2) network interruption beyond Axios’s reasonable control
In order to receive credit, please submit a support ticket to customer service department within 30 days of the occurrence.
Axios is proud to provide high quality brand name hardware to our hosting server customers. In the event of a hardware failure, Axios will replace any failed component at no cost to the customer. This includes any faulty RAM, hard disk, motherboard, processor, or NIC card.
Your eligibility to receive credit or a refund is not cumulative, but is limited to one credit or refund per incident. Axios shall apply credit or refund based on the predominant issue with the problem, as determined in Axios's reasonable discretion, and shall issue the larger of two credits should two equally important issues occur in the same incident.
Furthermore, credits are calculated for the exact impacted services. To avoid any confusion, credits are not calculated for an entire account unless all services under that account were impacted.