Terms & Conditions

Server Privacy Policy

1. ACCOUNT ACTIVATION

We setup and activate new accounts within 24 hours after we receive your payment. Generally, we will activate your account within 2 or 3 hours but sometimes we may need more time to verify your payment and make sure it is not fraudulent. We do not accept payments from unverified PayPal accounts.

2. PAYMENT OBLIGATIONS

All services provided by Axis are due and payable in advance of services being provided. If you remit payment to Axis via check, any invoices you receive should be considered due upon receipt.

Any invoices that have not been paid within 7 days of being delivered via email will be considered past due, and your account will be considered delinquent. In the event that your account be considered delinquent, we will contact you via email to request payment. If payment is not rendered in 2 business days after a request for payment, your account will be suspended. If your account is suspended, you will have to pay any balance due plus a 500/-Rs. reconnection fee for Axis to restore service. If you would like your account reconnected after business hours, you will be charged a minimum reconnection fee of 750/- Rs. If it takes more than one hour to reactivate your account, any additional time required will be billable at 10000/- Rs. per hour, in 15 minute increments.

Billing disputes must be made in writing within 30 of the original invoice date. Any disputes after the inital 30 days will be considered null and void. Courtesy invoices are supplied via e-mail on the recurring billing date. It is the customer's responsibility to verify that the charges are appropriate and submit any disputes immediately

If Client chooses to register a domain name(s) through Axis, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Axis does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Axis and agrees to pay any and all fees incurred by Client. Clients who subscribe to services billed on a monthly basis will not be eligible for refunds of any kind. Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid Axis for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.

Should Axis be required to retain professional services in direct relation to client's site (such as law enforcement / IRS / legal actions), client shall be responsible for all third party expenses, in addition to administrative fees incurred by Axis. Axis shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Axis.

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Axis be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Axis from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERMINATION

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must info@axisonair.com. All cancellation requests must be received one business day before the end of your term. Sections 3 - 9 shall survive termination or expiration of this Agreement.

5. 15 DAY MONEY BACK GUARANTEE

If for any reason you wish to cancel your account within the first 15 days of setting up the account with us, we will issue a full refund (minus setup fees and surcharge charges) with no questions asked. To request a refund you will need to submit Cancellation request from the billing portal.

Please note that VPS, Domain names, Domain transfers, SSL Certificates, Additional domains, Additional Databases, Dedicated application pools and/or any of the hosting addons/plan-upgrades are non-refundable.

Also, there will be no pro-rated refunds issued after 15 days of service. Accounts that are terminated due to violation of Axis's Terms and conditions will not be eligible for any kind of refund. Additionally, accounts with any pending dues or overusages will not be eligible for any refunds.

A surcharge (processing fee) of 7% will be deducted from the refunds.

Only first-time signups will be allowed to utilize our 15 days money back guarantee. For example, if you have had an account with us, canceled and signed up again, you will not be allowed to utilize our money back guarantee. This also applies for current customers who sign up for a second account.

6. DISCLAIMER OF WARRANTY

The services, the Axis site, including without limitation, all products and services displayed or offered on the Axis site, and all text, graphics, links and applications are provided to client on an 'as is' basis and without warranty of any kind. Axis disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Axis specifically disclaims any warranty that (1)the services will be uninterrupted or error-free; (2) defects will be corrected; (3) there are no viruses or other harmful components; and (4) the security methods employed will be sufficient.

7. LIMITATION OF LIABILITY

In no event shall Axis be liable for damages resulting from loss of data, profits, use of the Axis site or any Axis products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Axis cumulative liability exceed an amount greater than five hundred dollars ($500 us).

8. LAWFUL PURPOSE

Axis reserves the right to refuse service to anyone. Customers may only use Axis 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, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Axis management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Denver County, Colorado, and any dispute will be litigated or arbitrated in Denver County, Colorado. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Denver County courts.

9. DATA LOSS

Axis is not responsible for any data loss. Customers are strongly encouraged to and are responsible for keeping local backup files of all sites. Any backup services provided by Axis are at our discretion and are not guaranteed unless otherwise specified under seperate contract. Restoration of files from backup may incur restoration fees.

10. GENERAL USAGE

Services may only be used for lawful purposes. Transmission, storage or displaying any information, data or other material in violation of any United States Federal, State, County or City law is strictly prohibited. This includes, but is not limited to: * Copyrighted Materials (which you do not have written permission from the copyright holder) * Pirated Software, Warez Materials * Hacking / Cracking related sites or software, Sites supporting or related to UCE/spam * Copyrighted MP3 files * IRC related sites * Pornography or other adult related material, Sexually related materials (products, services, banners) * Phishing / Identity Theft * Links to any above materials Sites found to contain any prohibited data or materials will be cancelled immediately without warning and will not be eligible for any refund. We retain the final decision as to what constitutes a violation of this policy. We may, at our discretion, report and forward any suspected materials to a variety of police agencies, including, but not limited to the Software Piracy Association, the FBI and other local, state or national police agencies as we deem necessary. We will cooperate fully with official investigation by any recognized law enforcement organization. Sites whose primary purpose is for the file distribution or site mirroring are prohibited.

11. E-Mail / Spam / UCE

Axis maintains a "zero tolerance" for spam and UCE. Spamming or "UCE" (Unsolicited Commercial E-Mail (does not necessarily need to be commercial in nature, however)) is the sending of unsolicited e-mail to any person or persons the sender does not know or have prior explicit consent to send the message(s) to. Using fictitious e-mail addresses of any domain housed on our network is forbidden. Unsolicited e-mail of any type (to e-mail addresses or newsgroup postings) is classified as UCE. UCE referencing sites on our servers in any manner (as originator, intermediary, destination or reply-to address) is STRICTLY PROHIBITED and your account may be terminated without notice or refund if you send UCE through our network or your site on our network is referenced in UCE. In addition, we reserve the right to impose a minimum Rs.5500/- fee for each reported unsolicited e-mail. Additional charges may apply for administrative work or any penalties incurred by Axis or it's up line providers for abusing our services. Opt-Out mailing lists are strictly prohibited. This includes any lists or databases purchased or otherwise obtained from third parties, as the persons on such lists did not specifically solicit mail from you. Any mailing lists you maintain must be true confirmed opt-in in nature. (information regarding confirmed opt-in lists and responsible e-mail marketing can be found here and here) This requires a user to specifically request to be added to your mailing list. Having to unsubscribe from mailing lists during product registration and similar sign up forms is not classified as opt-in, but rather opt-out, which is in violation of this UCE policy. In addition, any opt-in mailing lists must include an automated unsubscribe facility where clicking on a link within the e-mail will automatically and immediately unsubscribe users from lists. Reply-to e-mail addresses to unsubscribe are known to be ignored and are unreliable, therefore not permitted within our UCE policy. Any violation of this policy may result in the immediate termination of your e-mail service and/or your entire account without notice at our sole discretion. No refunds will be issued for accounts canceled for sending or being referenced in UCE. We reserve the right to refuse or cancel service of known spammers. We may also notify any confirmed UCE to other service providers used or referenced in the transmission of UCE, as well as law enforcement agencies when appropriate.

12. EXCESSIVE USAGE

CGI, ASP and Cold Fusion and other scripts may cause excessive usage (system resources and/or bandwidth) which will detrimentally effect other sites on our network. Client takes full responsibility for all scripts executed from their account - regardless how the script was obtained. Any account found to be using excessive usage may be suspended or terminated without warning. When possible, advanced warning will be provided, however if the excessive usage is deemed to be causing immediate harm to our servers or network, no warning will be provided. Clients will need to make acceptable arrangements (typically removal of the offending script) with Axis prior to the account being reinstated. Repeated excessive usage will result in the account being canceled without the possibility for reinstatement or refund. Bulletin Boards (such as the Ultimate Bulletin Board) are known to be major resource hogs and are strongly discouraged on shared hosting accounts. If you expect to host a highly used bulletin board script, you may want to consider moving to a dedicated server to prevent potential account suspension or cancellation. Chat scripts are not allowed on our servers due to their known resource demands. Axis retains sole discretion over what constitutes excessive usage.

13. SERVER ABUSE

Any attempts to cause harm or hack into our servers in any manner is strictly prohibited and we will pursue any user attempting to illegally access our servers. All evidence will be turned over to the FBI or other law enforcement agencies.

14. DISCLOSURE OF CUSTOMER INFORMATION AND COMMUNICATIONS

Axis will not disclose its customers' personal and account data unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Axis, Axis's customers, or others, or where Axis has a good faith belief that the law requires such disclosure. Axis also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that Axis stores or transmits for its customers. The circumstances under which Axis will disclose such electronic customer communications are when: * it is necessary in order to provide service to the customer; * it is necessary to protect the legitimate interests of Axis and its customers; and * it is required to cooperate with interception orders, warrants, or other legal process that Axis determines in its sole discretion to be valid and enforceable; and * it is necessary to provide a law enforcement agency when the contacts are inadvertently obtained by Axis and appear to pertain to the commission of a crime. Customers may modify their personal information by emailing support@karnavati.net or by opening a helpdesk ticket.