Axishift Web Solutions: Terms of Service ("TOS")
This Terms of Service was last updated on August 3, 2014.
AXISHIFT ('The Company") agrees to furnish services to the subscriber of service ('Client'), subject to the following TOS ('Terms of Service') and other policy.
AXISHIFT reserves the right to change this TOS at any time. Such changes, modifications, additions or deletions shall be effective immediately upon posting on-line at this location. This policy defines the terms of service all customers agree to when they sign-up for hosting services with AXISHIFT. You acknowledge and agree that it is your responsibility to review this site and this TOS periodically and to be aware of any modifications. You may identify whether AXISHIFT has revised this TOS by noting the "Effective Date" above. Your continued use of the services after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS. If you do not agree to these terms, please contact us to cancel your services.
The most current version can be viewed at: http://www.axishift.com/legal/termsofservice
Customers using any services offered by AXISHIFT.COM consent to be bound by and must comply with all policies in this TOS entirely. At the sole discretion of AXISHIFT.COM, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.
Disclaimer of Warranty:
The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, AXISHIFT.COM offers a 99.9% server uptime guarantee. This is valid for only for the condition of operable hardware. The network connection is not covered. AXISHIFT.COM will pursue all resources and channels available to maintain maximum uptime; however, AXISHIFT.COM is not responsible for any down time caused by client's error.
You understand that by placing information on AXISHIFT.COM'S servers that such information becomes available to all Internet users and that AXISHIFT.COM has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of AXISHIFT.COM'S servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through AXISHIFT.COM or on the Internet generally.
Your use of the service is at your sole risk. AXISHIFT.COM is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AXISHIFT.COM servers.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by AXISHIFT.COM, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future AXISHIFT.COM policy decisions.
AXISHIFT.COM reserves the right to monitor any and all communications through or with our facilities.
You agree to indemnify, defend, and hold harmless AXISHIFT.COM from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, AXISHIFT.COM, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Services provided by AXISHIFT.COM:
AXISHIFT.COM will provide Internet hosting rental ("The Service") to its members for the express purpose of allowing customers to provide website Internet content to the general public. The Service allows AXISHIFT.COM members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. AXISHIFT.COM members will use the provided services in a manner consistent with any and all applicable laws. AXISHIFT.COM provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, AXISHIFT.COM can suspend and/or terminate client's account without notification.
AXISHIFT.COM reserves the right to require changes and/or disable/terminate as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. AXISHIFT.COM also reserves the right to make any such modifications in an emergency at our sole discretion.
- Contact Information:
You agree to provide AXISHIFT.COM with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to AXISHIFT.COM in order to receive or to continue receiving services. Further, you agree to provide AXISHIFT.COM with updated contact information within a reasonable period of time following the change in circumstance that creates the need for updated information.
- False Information:
You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree that you are an authorized user of any credit card or PayPal account that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card or PayPal use and prosecute if wrong doing is found.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a client, friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- Sharing of web hosting space:
You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client. Customer may not resell space in their account. Accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved.
- Content Responsibility:
Client agrees that web pages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of AXISHIFT.COM or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to AXISHIFT.COM or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emails, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks and software serial numbers. Any site with adult-oriented content, including but not limited to any pornographic material, is not allowed on our shared hosting platform. AXISHIFT.COM will be the sole and final arbiter as to what constitutes a violation of this policy. AXISHIFT.COM does not normally monitor the contents of clients servers, however if suspicion occurs, AXISHIFT.COM reserves the right to investigate and terminate the clients subscription to the service.
- Bandwidth Usage:
AXISHIFT.COM offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended until the cycle is reset. You can request that your site be allowed to go over your bandwidth limit, however, a $1.00/per GB overage charge will be applied to your account. You can upgrade your plan within seven (7) days of the end of the month to avoid bandwidth overages.
- Server / Network Excessive Resource Usage Policy:
*Applies to shared accounts. Resources are defined as CPU and/or RAM utilization. A website is considered using "excessive amounts of resources" when it monopolizes the system resources available, using an average of 8% or more, within a 24-hour period. There are numerous issues that could cause such problems, this includes: CGI scripts, FTP, HTTP, etc. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our virtual private servers or dedicated server or to seek alternative hosting arrangements. AXISHIFT.COM will be the sole and final arbiter as to what constitutes a violation of this policy.
- IP Allocations:
All IP addresses which are assigned to Client must be justified per ARIN Guidelines at http://www.arin.net/policy/nrpm.html. If it is determined that IP addresses which have been assigned to Client are not being used in accordance with these guidelines, they may be revoked.
- Upstream AUP Violation:
Accounts that house insecure scripts which result in an upstream AUP violation will be charged a one-time fee of $10 for cleanup and reactivation. If your account causes a second upstream AUP violation as a result of the same script, your account will then be subject to termination at the sole discretion of AXISHIFT.COM.
- Unsolicited commercial e-mail / Unsolicited bulk e-mail:
(SPAM) Use of the AXISHIFT'S service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending AXISHIFT account.
You may not use your account to send unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it.
Beginning Immediately, anyone hosting websites or services on our server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account and/or server immediately removed from our network. Offenders will be charged at $500/hour for repair of damages related to Spam and having IP space listed in any Spam database. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer.
- Licensed Software Only:
Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
- Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.
- Abusive behavior against staff:
We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any AXISHIFT.COM staff member(s). By violating this policy, we reserve the right to suspend or permanently terminate your account(s) without prior notice and without any refund.
AXISHIFT.COM performs daily/weekly & offsite backups of accounts as a courtesy service only. AXISHIFT.COM is not responsible for the completeness, integrity, or freshness of your account. AXISHIFT.COM recommends you have your own backup system in place. Account backups are intended for disaster recovery purposes only. AXISHIFT.COM reserves the right to charge fees for restores which are requested that are not for disaster recovery purposes.
- Payment Obligations:
Full payment is required in advance before hosting service is established. AXISHIFT.COM sends out invoices that are due every pay period. You are given seven (7) days to fully pay the invoice. If you have a credit card on file, your credit card will automatically be charged each renewal period unless cancelled. You warrant and represent that the information you supply in the Order Form (or other information that AXISHIFT.COM may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. To have your account re-established, you will need to pay the monthly fees, plus a $25 re-connect fee. There is a $25 fee for bounced checks and a $45 processing fee for illegitimate charge backs. Users who partake in the free domain registration promotional offer and cancel services within 1 year of their signup date are required to pay AXISHIFT.COM $14 for the domain registration fee.
Any invoice that is overdue for 14 days or more will be charged an additional $10 late fee. If AXISHIFT fails to collect Clients debt at 30 days or past the invoice due date, we reserve the right to turn the account over to a third party (either a collections agency or attorney) for further action. All costs incurred through the debt collection process are billable to the Client.
Your account will be automatically renewed under the same time and fee structure unless you give written notice to AXISHIFT.COM seven (7) days before the renewal date that you do not wish to renew such account.All invoices must be paid on or before the due date, failure to do so may result in suspension and/or termination of the Clients account at AXISHIFT. It is the Client's responsibility to know when the invoice is due, and to pay it by the due date. If a client holds multiple services with AXISHIFT, this is considered a single account, and all services may be suspended due to an overdue invoice.
- Account Cancellation & Refunds:
In the event you cancel your service, you will be charged in full for the entire month in which you canceled your service. No refunds will be granted beyond the initial 15-day money back guarantee. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. A $25 collections fee will be added to any accounts passed on to our third party collection agency. There is a $45 administrative fee for any illegitimate charge backs placed against us. Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation. Payments made for domain registrations or account upgrades are non refundable. Cancellations must be received at least seven (7) days prior to your renewal date. A cancellation request must be submitted through the account management site at http://axishift.com/accounts/ OR a cancellation email, which includes your domain name, username and password, must be received by our Billing team.
- We reserve the right to refuse service to anyone at any time for any reason.
- The Company is not responsible for data integrity on equipment reclaimed for non-payment.
- Anything not explicitly stated in this TOS is subject to interpretation at AXISHIFT'S sole and absolute discretion.
Please direct all questions regarding this TOS to our Legal team.