Axiom Media Terms of Use

Axiom Media provides Internet web page design, web page hosting, graphic design, computer maintenance, networking, marketing, consulting and development. In doing such Axiom Media maintains certain ethical and legal responsibilities pertaining to the use of properties involved in these services.

By using any services offered by Axiom Media, or merely browsing the Axiom Media web site, you agree to and are bound by the Terms of Use. Axiom Media reserves the right to change the Terms of Use and other guidelines or rules at its sole discretion, and will provide notice of material changes on the home page of the Axiom Media web site. Axiom Media reserves the right to discontinue service, or deny access to any person or persons who violates our policies or the terms and conditions set forth without warning or prior notice. In the even that an account is terminated due to a violation of any polices below, no refunds or fees will be made to said account.

Server Abuse

Unacceptable use includes, but are not limited to, unsolicited bulk email (UBE), unsolicited commercial email (UCE), newsgroups spamming, illegal content, copyright and trademark infringement, pornographic material, and/or anything else deemed unacceptable by Axiom Media, including abuse of server resources.

Any shared hosting account that includes or links to the following content to the following content is subject to termination at the discretion of Axiom Media:

• Any acts of copyright including, but not limited to, offering pirated computer software or links to download pirated software, information to bypass manufacturer designed copy protection devices, including any type of cracker utility, serial number, or key generator.

• Material that exploits children less than 18 years of age.

• Material containing any obscene nude and/or pornographic material

• Material that is grossly offensive to the viewing party including blatant expressions of profanity, bigotry, hatred, or racism.

• Instructional information about illegal activities, or the promotion of violent acts towards any group or individual.

Unsolicited Email (UCE/UBE/SPAM)

Unsolicited email advertisements, or spam, are not permitted, and will result in an immediate account termination. Axiom Media holds a zero-tolerance approach towards spam originating from any server on our network, as well as any spam advertising a domain located on our network.

Opt-in mailing lists are allowed, however, there must be an easy to use removal method broadcast with every mailing list. All customers who maintain a mailing list must keep accurate records of all users subscribed to this list and remove any user upon requesting to be removed.

Activities of spam include unsolicited bulk or commercial email messages (UBE/UCE), forging or altering email headers (stealth spam), numerous messages to the same address with little or no change in message (mail bombing), posting advertisements to off-topic Usenet newsgroups where this action is unwarranted (spamming newsgroups), or any other type of harassment through the means of email. If legitimate proof is given for the use of the services of another service provider to promote a web site on the Axiom Media network (spamvertising), the provisions of this policy shall apply as if the span was sent from our network.

SMTP Mail Server Abuse

We do not allow any customer to send more than 2000 messages per day through the mail server on one hosting account. If you send more than 2000 messages per day, your account will be suspended pending an investigation of abuse.

Traffic Abuse

Axiom Media customers are granted limited traffic for their website based on web hosting package. Any account that exceeds allotted bandwidth traffic will be charged $10 per GB with a maximum of 2 GB until moved to next web hosting package.

CGI Scripts

Each shared domain hosting account comes with a private cgi-bin. You are free to install and use any cgi script that you wish in this space without asking permission beforehand. However, Axiom Media reserves the right to disable any CGI script that poses a security risk or effects normal operations without notice.

Cancellation

Axiom Media reserves the right to cancel service at any time at our discretion. All fees paid in advance of cancellation are non-refundable in the event that Axiom Media institutes our right to cancellation. Any violation of policies that results in extra costs will be billed to the customer.

All Axiom Media web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services within the first 30 days of your contract, a full refund will be granted to you. Excluding setup fees, domain registration fees, upgrade fees, or overages. Setup fees are only refundable if the account is cancelled prior to activation. No refunds will be given after the 30th day. Refunds will not be issued for any additional services such as additional email accounts, additional storage space, account overages, etc…

Refunds will be issued through company check within 30 days of receipt of cancellation.

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and any setup fees incurred are non-refundable. All pricing is guaranteed for the term of pre-payment. Axiom Media reserves the right to change prices at any time, unless other terms have been agreed upon. Any account past due more than one week (7 days) is subject to suspension and may be subject a late fee of no more than 50% of the past due balance. Accounts that have been suspended may be subject to a $50.00 re-activation fee. The customer is responsible for all money owed on the account from the time that it was established to the time that the customer notifies Axiom Media to terminate services. Payments must be made in U.S. currency. Axiom Media will bill each customer a minimum $50 fee per returned check. Accounts will automatically renew at their anniversary date unless a notification has been received at least 2 weeks (14 days) before the end of the billing cycle to terminate services.

Domain Ownership

Any material that AXIOM MEDIA contributes to the Web Site is owned by either AXIOM MEDIA or AXIOM MEDIA’s Licensors. These materials may only be used by Client on the Web Site. Client shall not distribute such material in any format or through any means, other than on the Web Site, including without limitation, authorizing electronic, photographic or any other reproduction of any such material for use in any medium. In addition, Client may not copy, modify, disassemble, reverse engineer, decompile, perform, distribute, or sublicense such material to third parties.. If AXIOM MEDIA is providing a Web Site pursuant to this Agreement, AXIOM MEDIA owns all right, title and interest (including copyright) in such Web Site. AXIOM MEDIA will affix its copyright notice to the homepage of the Web Site, and the Web Site shall not contain any other copyright notice. Client agrees to assist AXIOM MEDIA in registering and enforcing all copyrights and other rights and protections relating to the Web site in any and all countries. AXIOM MEDIA also owns all user information collected by AXIOM MEDIA on or through the AXIOM MEDIA Site, including Client’s Ads, and Client’s Web Site. AXIOM MEDIA retains of ownership of domain names. Client has entered into a lease arrangement of the domain, unless Client owned sixty (60) days prior to entering into this agreement. If Client would like to purchase such domain name it will be separate from this agreement and subject to terms of “Domain Sale or Transfer” as specified in Terms and Conditions of Sale or Transfer of Axiom Media policies. Notwithstanding the above, Client owns all right, title and interest (including copyright) in the Client Content, subject to the rights, if any, of Client’s licensors

Sale or Transfer of Domain

The client has first right to purchase domain but is not guaranteed a sale of the domain. The client will continue to lease the said domain from Axiom Media and a change of DNS will occur should the client choose to transfer the hosting of any domains in agreement with Axiom Media. There will be a $500 transfer fee to transfer the files to another web design firm if the client wants to keep the website that Axiom Media built. The new design firm will not permitted to make claim to the design of the website only to the hosting of the site. If the client transfers the hosting of the domain, but chooses to build an entirely new site the fee will be only $150 to transfer the domain DNS.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Axiom Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Axiom Media, its agents, its customers, 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's, it's agents, or employees. Customer agrees to defend, indemnify and hold harmless Axiom Media against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Axiom Media's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary right of a third party; (3) copyright infringement and (4) any defective products sold to customer from Axiom Media's server.

Disclaimer

Axiom Media will not be responsible for any damages your business may suffer, Axiom Media makes no warranties of any kind, expressed of implied for services we provide. Axiom Media disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Axiom Media and its employees. Axiom Media reserves the right to revise its policies at any time.

FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.