Host Axe Network - TERMS OF SERVICE (TOS)

Information Updated
As part of the signing up process, you are required to provide us certain information and to update us promptly as such information changes so that our records are current, complete and accurate. You are obliged to provide us the following information:

Changes in e-mail address
Change of payment method
Change of address
Change of phone number
Change of ownership of account

30 Day Money Back Guarantee
Our service includes a 30 day money back guarantee. If you are not completely satisfied with our service within the first 30 days, you will be given a full refund of the monthly fee excluding any setup fees, account add-ons, bandwidth, overages, or domain registration. No refunds will be issued after fourteen (30) days, whether in full or prorated. All refunds will be made by company check or issued back to the credit card within thirty (30) days of receipt of cancellation. Account setup fees, sofware's licenses, reseller plan and domain registration fees are not refundable. In rare case, there will be no 30 days refund for sites which consume more then 50% transfer during the first month. Please direct refund requests to including the following information:

Please type "Refund Request" in the subject line of the e-mail
Please indicate the service that you would like a refund for.
Please indicate the account name and password (if applicable).
Please indicate the date of purchase.
Please indicate the amount that you paid for the service.
Please indicate the reason for return.
Please include the original email reciept and keep a copy for your records.

All refunds are issued by check regardless of the method of payment. Please allow one to two (1-2) weeks for processing and delivery. Refund check is only issued to the name of the person/company/organization that was given at the time of sign up as the "Billing Name". Refunds are only delivered to the address given at the time of sign up as the "Billing Address".

Cancellation
Monthly account may be refundable if the account is canceled prior to the date the account was activated. All hosting accounts are to remain in full force and effect until Host Axe has received notification via our e-mail no less than 5 business days prior to the first of the month, as to afford Host Axe a reasonable opportunity to act on it. To cancel your account please send an e-mail towith the following information:
• Username
• Password
• Domain Name
• First and Last 4 digits of your credit card

Guarantees
Host Axe guarantees the service will be available 99.9% per month of the time for a "Uptime Guarantee" to any of our customers in good financial standing. Downtime is defined as the time between when a trouble ticket is received and when it is resolved. The trouble ticket must specifically relate to a downtime issue under the control of the Company. Predetermined percentage refunds will be applied based upon total downtime for the month. Downtime refunds are made on an individual basis per customer. Customer must submit a trouble ticket for any downtime issues. Total downtime for the month is calculated using the sum total of all trouble tickets for an individual customer. If we fail to meet the 99.9% Uptime Guarantee, the following credits will apply to those who qualify:

99.7% or above = Guarantee

99.4% - 99.69% = 25% Discount

99.39% - 90.1% = 50% Discount

Lower than 90.0% = 1 MONTH FREE

Customers must request such credit within seven (7) days after Network Unavailability. Please e-mail to . Please include your full name, user name, website, and the dates and times of the unavailability of your website. Host Axe will calculate Network Unavailability in a calendar month. Credits will not be provided to customers in the event that the Network Unavailability was due to (I) scheduled maintenance as posted from time to time at Host Axe, (ii) customer's behavior or the performance or failure of customer's equipment, facilities or applications, or (iii) circumstances beyond Host Axe's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third part software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site.

Note: Credits will only be applied to accounts in good standing

Restrictions

Credits will not be provided to Customer in the event that you have any outage resulting from:

1. Third party services
2. Failure of your equipment or applications
3. Scheduled server and network maintenance
4. Off-network Internet traffic
5. DNS Propagation
6. Domain registration or transfer failure
7. Failure to comply with Host Axe AUP and Terms of Conditions
8. Third party software or scripts
9. Circumstances beyond Providers control including, but not limited to, acts of nature, terrorism, fire, flood, sabotage, strike, acts of any governmental body and war.

» Billing/Payment Policy

Billing Period
All hosting accounts are based on a month to month prepay basis. Invoices are typically e-mailed between the 1st and the 7th of the month for the upcoming billing period. Each billing period runs on the 1st of each month. The Provider reserves the right to change monthly fees, additional costs, billing methods, or any other area of Service it deems necessary at any time, for any reason. Either party may, at its sole discretion, may terminate the Customers account at any time without refund for any remaining portion of the monthly fee.

Payment Methods
Payments must be made in USD (United States Dollars) and received by the 1st of the month. We accept major credit cards including, Visa, MasterCard, Discover and American Express. Payment by Money order or Paypal (fees apply) are also accepted.

Credit Card Payments
By submitting your credit card information you agree to allow Host Axe to charge your credit card each month for any charges relating to your hosting account. You also agree that you will not charge-back any amount to your credit card.
All Credit card charges are typically made on the first of each month for the Customers monthly hosting account. Services and features added on to the account mid-month are charged upon completion of said service.
If you are due a credit please e-mail with your full name, user name and reason for credit request.

Charge Back payments
Returned Checks, Stop Check Payments, and Charge Back will be subject to a $30 service charge. Failure to do so will result in account termination.

Domain Registration
When requesting Host Axe to register a domain on your behalf please be sure the accuracy of the domain name is correct. We will not be responsible for client-side mistakes or typos made to a domain name when registering/transferring through our system and may refuse any refund to the customer.
If your account cancellation is not received before the new billing month you will not be entitled to any refund of charges, including prorated charges.
Please Note: For security and authentication purposes, phone request is not an acceptable method of cancellation. To cancel your account please send an e-mail to:

Network Security
Customer agrees that your use of our services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. The Provider expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Provider makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free. This includes loss of data resulting from delays, and any service interruption caused by Host Axe employees.

The Provider will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that the Provider shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the web servers. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the service. The Provider may perform regular back-ups of all data stored on behalf of the Customer, but shall have no liability to customer in the event all data is lost or destroyed. The Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the service.

Prohibited Uses

HOSTAXE Servers may only be used for lawful purposes.

Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

The Customer agrees not to upload, transmit, or post copyrighted material, including trademarks or protected material to the Internet without express authorization or purchased license of the owner(s) or person(s) owning the copyrighted material. At any time, the Provider may, at its sole discretion, require a copy of any and all legal documentation showing rightful ownership, or licensed distribution for any item displayed on the Customers web site.

The Customer agrees to keep their site free of any illegal content including, but not limited to, displaying material that exploits children under 18 years of age, "Pirated software", "hackers" programs, "MP3", Warez sites, and IRC bots or clients.

The Customer agrees to comply with all applicable laws, rules and regulations in connection with their use of the Service. In the case of Adult Oriented Sites, the Customer agrees to present a disclaimer and a means of exit to visitors before granting access to any area deemed as pornographic or unsuitable materials for minors.

CPU Resources

User acknowledges that the Service is provided on a shared server and agrees not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the HOSTAXE servers, including without limitation, use of highly active CGI scripts or chat scripts. It is a violation for anyone to post information or to include programs on our servers that consume server system resources and slow down the server in turn. Any party that slows our servers down, can and will be notified. HOSTAXE reserves the right to terminate any running software processes that are overloading a server, or slowing it down heavily.

IRC or IRC bots

We do not allow IRC or IRC bots to be operated on our servers.

Back Up and Monitoring

User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site. HOSTAXE is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons.

Unsolicited E-mail ("spam")

The Customer agrees not to use the facilities and capabilities of the Provider to solicit the performance of any activity that is prohibited by law or for the illegal distribution of unsolicited e-mail, commonly known as "spam" Unacceptable uses also include, but are NOT limited to: Bulk e-mailing, unsolicited e-mail, and newsgroup spamming containing commercial advertisements. Failure to comply will result in account suspension or cancellation without prior notice. There is a fee of $10 per intended recipient for customers who violate this clause.

Unauthorized Access

Unauthorized Access of the servers is strictly prohibited. The Customer agrees not to engage in such activity or to attempt to breach the Servers for the purpose of altering or manipulating the hardware and software, compromising the Servers, or for any other unauthorized use commonly known as "hacking". The Customer agrees to indemnify and hold harmless the Provider for any liability arising from the use of their service.

Account Termination

Either HOSTAXE or User may terminate this Agreement at any time upon providing three business days prior notice to the other party.

HOSTAXE may terminate this Agreement, discontinue the Service and delete the Site at any time without notice to User in any of the following circumstances:

a. User violates any term of this Agreement, any municipal, provincial or federal laws or regulations, or any policy or guideline set out, from time to time, by HOSTAXE anywhere on the site www.hostaxe.com;

b. User engages in conduct or posts material on the Site that HOSTAXE in its sole discretion believes is harmful to other Users, the business of HOSTAXE or any third-party;

c. User engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the HOSTAXE server;

d. User disputes the terms of this Agreement or any amendment set out, from time to time, by HOSTAXE anywhere on the site www.hostaxe.com

e. HOSTAXE receives any complaints regarding User or the Site from any other Users or third parties

f. Sub-directory hosting is not allowed on any hosting plans (pointing domains to sub-directories).

E-commerce
The Customer will be responsible for all content and transactions related to their on-line store including, but not limited to credit card transactions, fulfillment of orders, and calculation of sales tax, confidentiality and security of their customers.

Indemnity
The Customer agrees to release, indemnify, and hold the Provider, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the service(s) provided. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Acceptable Use Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your website(s).

* We reserve the right to change our Terms of Service at any time.