Policy

Contract for Data Storage and Transfer

The following agreement is by and between Axishosting and you.
WHEREAS, Axis offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize Axis’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Axis can make no guarantee that any given reader shall be able to access Axis’s server at any given time. Axis represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
WHEREAS, the party has authority to enter into this agreement on behalf of the Company, if applicable;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;I. Financial Arrangements:

1. Customer agrees to a monthly contract, beginning upon commencement of service.
2. First month payment plus a nonrefundable setup charge, if any, shall be due upon receipt of contract.
3. This agreement will automatically renew for successive every month for the life of the contract until canceled in writing. Customers paying by check or money order will receive an invoice for charges and payment is due upon receipt. Customers paying by credit card expressly agree to have their credit card account billed monthly for the recurring charges for the life of the contract including any automatic renewal periods.
4. Initial payment is due with the contract. For accounting purposes, renewal charges for contracts received on or after the 20th of the month will accrue as of the 1st of the following month. By way of example, an account setup on August 20th will be setup immediately and the initial payment will be due with the contract. The initial term of the agreement will be August 20 through september 30. The first renewal charge will be due monthly.

II. Taxes: Axis shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Axis’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:

1. Customer will provide Axis with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Axis. Axis shall make no effort to validate this information for content, correctness or usability.
2. Use of Axis ‘s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Web space by the Customer.
3. Axis will exercise no control whatsoever over the content of the information passing through the network. Axis makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Axis also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Axis is at the Customer's own risk, and Axis specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Axis expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro- rata monthly charge during the system unavailability. Axis specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Axis may, at its option and at any time, reject this material, including but not limited to after it has been put on Axis ‘s Server. Axis agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Axis. If the Customer fails to modify the material, as directed by Axis, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

IV. Trademarks & Copyrights:

Customer warrants that it has the right to use the applicable trademarks, if any.

V. Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Axis. Axis makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Axis service.

VI. Age:

The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Axis may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Axis. All messages transmitted via Axis should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VIII. Termination:

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be faxed or, mailed. Axis will not accept termination's by electronic mail or over the telephone. Notwithstanding the above, Axis may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including nonpayment. Axis reserves the right to charge a reinstatement fee.

IX. Limited Liability:

Customer expressly agrees that use of Axis ‘s Server is at Customer's sole risk. Neither Axis, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Axis ‘s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Axis Server service, unless otherwise expressly stated in this Agreement.
Under no circumstances, including negligence, shall Axis, its offices, agents or any one else involved in creating, producing or distributing Axis ‘s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Axis Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Axis ‘s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Axis’s Server service.

Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

X. Lawful Purpose:

Customer may only use Axis ‘s Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene,child pornography, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

XI. Indemnification:

Customer agrees that it shall defend, indemnify, save and hold Axis harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Axis, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Axis against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Axis ‘s Server; (ii) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Customer sold on Axis Server.

XII. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Axis. Services as specified in Section I. Financial Arrangements.

XIII Transfer: Customer may not transfer this agreement without the written consent of AXIS.