Terms
of Services
AXE, provides web hosting to number of
clients. We have a responsibility to protect each client and provide
the best services available. The following guidelines have been
established to insure this intent is met.
AXE Networks ("The Company") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
From herewith in this TOS and AUP(Acceptable Use Policy), the
usage of "us", "we", "our", "ours"
shall constitute reference to AXE Networks, the usage of "you",
"your", "they", "them" shall refer
to client / customer of AXE Networks.
Use of company services constitutes acceptance and agreement to
the company's AUP as well as the company's TOS. All provisions
of this contract are subject to the TOS of AXE Networks and AUP.
The AUP may be changed from time to time at the discretion of
the Company. Subscriber understands that change to the AUP by
the Company shall not be grounds for early contract termination
or non-payment.
AXE Networks reserves the right to make
changes to this Terms Of Services and Acceptable Use Policy at
any time without notice, and those changes will be effective immediatly
upon posting to AXE Networks website at http://www.axenetworks.com
Disclosure: The AUP specifically prohibits the
use of our service for illegal activities. Therefore, Subscriber
agrees that the Company may disclose any and all subscriber information
including assigned IP numbers, account history, account use, etc.
to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber.
Commercial Advertising- Email (SPAM): Spamming, or the
sending of unsolicited email, from a AXE server or using an email
address that is maintained by AXE Networks is STRICTLY prohibited
and will qualify your site for immediate deactivation with no
refund. AXE will be the sole arbiter as to what constitutes a
violation of this provision. Additionally claims investigated
by AXE about spam from any of our users or users of theirs, will
be fined and billed for such work. The fee for such an instance
if you are found to be at fault is INR 0.50 per email sent and
up to a Rs.5000 fine per incident.
Server abuse: Any attempts to undermine or cause
harm to any AXE server or customer of AXE is strictly prohibited.
AXE holds no responsibility for the use of our clients' accounts.
Any account that abuses server resources and is not corrected,
calls for immediate de-activation without any refund of payments
made thus far. Any site using what we deem to be using excessive
CPU cycles or any resources that cause strain to other sites may
also be offered new terms.
IP Ownership: If we assign a Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to us, and Customer shall have
no right to use that Internet Protocol address except as permitted
by us at our sole discretion in connection with the Services,
during the term of this Agreement. We shall maintain and control
ownership of all Internet Protocol numbers and addresses that
may be assigned to Customer by us, and we reserve the right to
change or remove any and all such Internet Protocol numbers and
addresses, in its sole and absolute discretion. Our allocation
of IP addresses is limited by new policies.
Contact & Billing Information: You must provide
us with, and keep current, good contact information for you, and
any change of contact from what has been earlier has to notified
to AXE. E-mail and telephone contacts are required, fax contact
information is encouraged.
Domain Registrations and New Orders: You are
also requesting us to register your site for you in the order
form of our site or by phone call or by person. We will use our
registrar such services for you on your behalf and ensure the
correct name servers are used saving you time and money. All domain
registrations are NON-REFUNDABLE.
Billing and Fees: Accounts not paid by due date
are subject to a INR 7.50 late fee. Service will be interrupted
on accounts that reach 5 days past due. Service interrupted for
nonpayment is subject to a Rs.1000 reconnect charge for dedicated
clients and Rs.100 reconnect charge for shared clients. Service
will be terminated on accounts that reach 15 days past due. If
any terms or conditions are failed to be followed the account
in question will be automatically deactivated. All credit card
accounts are to be automatically billed on their renewal date
unless otherwise requested by the client. We are not responsible
for any fees accessed on the client by their bank as a result
of the client's account being invoiced.
Disputes and Failure to Pay: All overcharges
or billing disputes must be reported within 60 days of the time
the dispute occurred. If you dispute a charge to your credit card
issuer that, in AXE Networks’s sole discretion is a valid
charge under the provisions of the TOS and /or AUP, you agree
to pay an "Administrative Fee" of not less than INR
50 and not more than INR 150. The Company may temporarily deny
service or terminate this Agreement upon the failure of Subscriber
to pay charges when due. Such termination or denial will not relieve
Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
Refunds: All payments are NON-REFUNDABLE! All
annual plans, both shared, dedicated, and co-location, are NON-REFUNDABLE!
All payments for dedicated, co-location, or related services are
NON-REFUNDABLE!
Cancellation: All cancellations must be sent to marketing@axe.co.in.
While there are no cancellation fees, you must cancel prior to
your next billing cycle. Payments made up to your cancellation
date are not refundable unless you're canceling within the 30
day guarantee period . This does not include any added support
or service fees you have contracted us to provide. We reserve
the right to remove any account without advanced notice for any
reason at any time without prior notice.
SLA and Credit for uptime: All users are subject
to the terms off this TOS (terms of service), our AUP (acceptable
use policy), and our SLA (service level agreement).
Liability and Warranty: We are not responsible
for any damages your business may suffer. We do not make implied
or written warranties for any of our services. AXE Networks denies
any warranty or merchantability for a specific purpose. This includes
loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by us. The client
acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence
of the company and that damages resulting from any interruption
of service are difficult to ascertain. Therefore, client agrees
that the company shall not be liable for any damages arising from
such causes beyond the direct and exclusive control of the company.
You further acknowledge that the company's liability for its own
negligence may not in any event exceed an amount equivalent to
charges payable by the client for services during the period damages
occurred. In no event shall the company be liable for any special
or consequential damages, loss or injury.
Refusal of Service: We reserve the right to refuse,
cancel, or suspend service at our sole discretion.
Modifications: These terms may be modified at
any time and without notice. All users previous and new clients
are always subject to the newest terms posted here at all times.
It is the end users responsibility to be aware of the latest terms
of service and other policies at all time. It is our responsibility
to provide these policies in a ready and readable form. We may
or may not elect to post updates to our policies in various mediums
available including but not limited to; email, forums,etc.