|
Terms & Conditions
All users of Web Axis services, and all customers upon signing up
for Web Axis services, agree to comply with Web Axis Terms of Use (“TOU”).
The spirit of the TOU is to ensure customers are using Web Axis
services with due regard to the rights of other Internet users and
in conformity with the requirements of Web Axis network environment.
The TOU are not exhaustive and Web Axis reserves the right to add,
delete, or modify any provision of its TOU at any time without
notice, effective upon either the posting of the modified TOU to
www.webaxis.info or notification of the modified TOU. Any complaints
about a customer’s violation of the TOU should be sent to
info@webaxis.info
The TOU supersedes any other agreement with Web Axis, whether
written, oral, by conduct, or otherwise.
A. Web Axis Web Hosting & E-commerce Customer Restrictions
The following Terms of Use apply only to Web Axis Web Hosting and
E-Commerce customers, and supplement the terms in sections C and D
that apply to all Web Axis customers:
Support
Web Axis offers support through email. Web Axis does not guarantee
or apply any time limit for offering such support. Phone support is
available only for corporate accounts alone.
Server Resources
Any web site that uses a high amount of server resources (such as,
but not limited to, CPU time, memory usage, and network resources,
mail servers, Ftp servers, Http servers, SQL database servers)
reserves the right to suspend that site immediately. This policy is
only intended to prevent the misuse of our servers and to avoid
interruption in services to other customers. Customers may be
offered an option whereby Web Axis continues hosting the website for
an additional fee.
Web Axis will be the sole arbiter of what is considered to be a high
server usage level. Any Web Hosting and E-Commerce account deemed to
be adversely affecting server performance or network integrity will
be shut down without prior notice.
CGI Scripts / PHP and other scripts
Any scripts that pose a potential security risk or are deemed to be
adversely affecting server performance or network integrity will be
shut down or will be automatically removed without prior notice. Web
Axis does not permit CGI Scripts / PHP and other scripts sharing
with domains not hosted by Web Axis or any scripts that may be
abused for UCE purposes.
Chat Rooms
Web Axis does not allow Web Hosting and E-Commerce customers to
install their own chat rooms. Chat rooms tend to require significant
system resources and therefore cannot be permitted as an account
option.
Software Distribution
Web Axis Web Hosting and E-Commerce accounts are not configured for
the purposes of distributing software and/or multimedia products. If
you wish to distribute software and/or multimedia files, please
contact sales@webaxis.info to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video
files. Web Axis Web Hosting and E-Commerce accounts are not to be
used for the purposes of distributing and storing unusual amounts of
multimedia files. Any web site whose disk space usage for storing
multimedia files exceeds 30% of its total usage, in terms of total
size or number of files, will be considered to be using an unusual
amount of multimedia files.
Adult Content
Web Axis does not allow the follow material to hosted in any form.
Web Axis do not allow any of the following content to be stored on
its servers:
Illegal Material - This includes copyrighted works, commercial
audio, video, or music files, and any material in violation of any
Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or
otherwise lewd or obscene content. The designation of "adult
material" is left entirely to the discretion of Web Axis. Warez -
Includes pirated software, ROMS, emulators, phreaking, hacking,
password cracking. IP spoofing, etc., and encrypting of any of the
above. Also includes any sites which provide "links to" or "how to"
information about such material.
B. Web Axis Customer Restrictions
The following Terms of Use apply only to Web Axis customers, and
supplement the terms in sections C and D that apply to all Web Axis
customers:
Customer Security Responsibilities
The customer is solely responsible for any breaches of security
affecting servers under customer control. If a customer's server is
involved in an attack on another server or system, it will be shut
down and an immediate investigation will be launched to determine
the cause/source of the attack. In such event, the customer is
responsible for the cost to rectify any damage done to the
customer's server and any other requirement affected by the security
breach.
Billing for Network Resources
The customer understands that the customer is responsible for paying
for any network resources that are used to connect the customer's
server to the Internet. The customer may request that the customer's
server be disconnected from the Internet, but the customer will
still be responsible for paying for any network resources used up to
the point of suspension or cancellation.
C. All Web Axis Customer Terms of Use
The following Terms of Use apply to ALL Web Axis customers:
Web Axis Services
Web Axis services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining,
terminating, or reconnecting customers’ account (including all
billing data and the space on the particular Web server that Web
Axis provides to customers);
any use by customers, or any access provided to customers by Web
Axis, of computing, telecommunications, software, information,
hardware, and equipment;
any act, or provision of any service, by Web Axis to customers,
related to web hosting and domain name registrations (including
server usage and technical support), regardless of duration and
whether paid for or not;
any provision by Web Axis to customers, of any space, Internet
connectivity, or electrical power;
any access or use related to the Web Axis web site, including the
web site itself;
any other service mentioned in the TOU;
any other service provided by Web Axis to customers, whether used or
not;
any other Web Axis services that are used by customers, whether
offered or provided by Web Axis to customers.
Ownership of Web Site
The legal owner of customers’ web sites and accounts with Web Axis
will be the individual or organization whose name is listed in Web
Axis database as the owner. Customers will fully cooperate with and
abide by any and all of Web Axis security measures and procedures in
the event of any dispute over ownership of customers’ web sites and
accounts with Web Axis.
Illegal Use
Web Axis servers may be used for lawful purposes only. Transmission,
storage, or distribution of any information, data, or material in
violation of any applicable law or regulation, or that may directly
facilitate the violation of any particular law or regulation is
prohibited. This includes, but is not limited to: copyrighted
material; trademarks; trade secrets or other intellectual property
rights used without proper authorization; material that is obscene,
defamatory, constitutes an illegal threat, or violates export
control laws. Additionally, in purchasing Web Axis services, all Web
Axis customers certify that they and/or the organization they
represent in procuring services from Web Axis are not, nor have been
designated, a suspected terrorist as defined by the Constitution of
India; are not owned or controlled by a 'suspected terrorist' as
defined by the Constitution of India; and are not on, are not a
member of, related to, associated with, or controlled by any
organizations listed as terrorist by the Govt. Of India.
System and Network Abuse
Violations of system or network security are prohibited and may
result in criminal and civil liability. Examples of system or
network security violations include, without limitation the
following: unauthorized access to or use of data, systems or
networks, including any attempt to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner
of the system or network; interference with service to any user,
host or network including, without limitation, mail bombing,
flooding, deliberate attempts to overload a system and broadcast
attacks; forging of any TCP-IP packet header or any part of the
header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Web Axis services or equipment for creating or sending
Internet viruses, worms or Trojan horses, or for pinging, flooding
or mail bombing, or engaging in denial of service attacks is
prohibited. It is also prohibited for any customer to engage in
other activity that is intended to disrupt or interfere with, or
that results in the disruption of or interference with, the ability
of others to effectively use Web Axis services and equipment (or any
connected network, system, service or equipment) or conduct their
business over the Internet.
Privacy
Web Axis is concerned with the privacy of on-line communications and
web sites. In general, the Internet is neither more nor less secure
than other means of communication, including mail, facsimile, and
voice telephone service, all of which can be intercepted and
otherwise compromised. As a matter of prudence, however, Web Axis
urges its customers to assume that all of their on-line
communications are insecure. Web Axis cannot take any responsibility
for the security of information transmitted over Web Axis
facilities.
Customer Responsibility
Customers are required to use the Web Axis network responsibly. This
includes respecting the other customers of Web Axis. Web Axis
reserves the right to suspend and/or cancel service with any
customer who uses the Web Axis network in such a way that adversely
affects other Web Axis customers. While Web Axis may monitor its
service electronically to determine that its facilities are
operating satisfactorily, as a general practice, Web Axis does not
monitor its customers' communications or activities to determine
whether they are in compliance with the TOU. However, when Web Axis
becomes aware of any violation of the TOU or other user agreements,
Web Axis may take any action to stop or correct such violation,
including, but not limited to, denying access to Web Axis services
and equipment or to the Internet. In addition, Web Axis may take
action against a customer or a customer of such customer because of
the activities of such customer. webaxis anticipates that customers
who offer Internet services will cooperate with Web Axis in any
corrective or preventive action that Web Axis deems necessary.
Failure to cooperate with such corrective or preventive measures is
a violation of Web Axis policy and Web Axis reserves the right to
take any such action even though such action may affect other
customers of the Web Axis customer.
Web Axis and its , affiliates and associates shall not be liable, at
any time for damages (including, without limitation, damages for
loss of business projects, or loss of profits) arising in contract,
tort or otherwise from the use of or inability to use the Service,
or any of its contents, or from any action taken (or refrained from
being taken) as a result of using the Service or any such contents
or for any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer
virus, communications line failure, theft or destruction or
unauthorized access to, alteration of, or use of information
contained on the service. No representations, warranties or
guarantees whatsoever are made as to the accuracy, adequacy,
reliability, completeness, suitability or applicability of the
information to a particular situation. You agree that Web Axis has
no responsibility or liability including but not limiting to the
deletion, corruption, loss or failure to store any messages or
content / data maintained or transmitted by any Web Axis Service.
You acknowledge and agree that no compensation shall be payable
whatsoever with respect to the aforesaid by Web Axis. Web Axis Makes
no warranty that the services will be uninterrupted, timely, secure
or error-free.
Actions Taken by Web Axis
The failure by a customer to meet or follow any of the TOU is
grounds for account deactivation. Web Axis will be the sole arbiter
as to what constitutes a violation of the TOU. Web Axis reserves the
right to remove any account without prior notice and to refuse
service to anyone at any time. When Web Axis becomes aware of an
alleged violation of its TOU, Web Axis will initiate an
investigation. During the investigation, Web Axis may restrict a
customer's access in order to prevent further potentially
unauthorized activity. Depending on the severity of the violation,
Web Axis may, at its sole discretion, restrict, suspend, or
terminate a customer's web hosting account and/or pursue other civil
remedies. If such violation is a criminal offense, Web Axis will
notify the appropriate law enforcement authorities of such
violation. An unlisted activity may also be a violation of the TOU
if it is illegal, irresponsible, or constitutes disruptive use of
the Internet. Web Axis does not issue credits for any outages
incurred through service disablement. Violators of the policy are
responsible, without limitations, for the cost of labor to rectify
any damage done to the operation of the network and business
operations supported by the network, and to respond to complaints
incurred by Web Axis.
Indemnification
Web Axis customers agree to protect, defend, hold harmless, and
indemnify Web Axis, any third party entity related to Web Axis
(including, without limitation, third party vendors), and Web Axis
executives, directors, officers, attorneys, managers, employees,
consultants, contractors, agents, parent companies, subsidiaries,
and co-subsidiaries with the same parent company as Web Axis, from
and against any and all liabilities, losses, costs, judgments,
damages, claims, or causes of actions, including, without
limitation, any and all legal fees and expenses, arising out of or
resulting in any from the customer’s use of Web Axis services.
Disclaimer
The Web Axis service is provided on an as is, as available basis
without warranties of any kind, either express or implied,
including, but not limited to, warranties of merchantability,
fitness for a particular purpose or non-infringement. Web Axis
expressly disclaims any representation or warranty that the Web Axis
service will be error-free, secure or uninterrupted. No oral advice
or written information given by Web Axis, its employees, licensors
or the like, will create a warranty; nor may you rely on any such
information or advice. Web Axis and its partners and suppliers will
not be liable for any cost or damage arising either directly or
indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed
by the customer, or any third party against the customer,
Web Axis
may immediately terminate provision of Web Axis services to the
customer without prior notice or penalty. Such customer consents to
the grant of relief from any automatic stay of proceedings against
Web Axis in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND
UNDER NO THEORY OF LAW OR EQUITY, WILL Web Axis (INCLUDING, WITHOUT
LIMITATION, Web Axis EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS,
MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT
COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT
COMPANY AS Web Axis, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS,
LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING Web Axis SERVICES, BE LIABLE FOR THE LOSS
OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES
DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR
Web Axis SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF
ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Web
Axis SERVICES EVEN IF Web Axis HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Web Axis TOTAL CUMULATIVE LIABILITY, IF ANY, TO
CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO
THE TOU OR Web Axis SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE
FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Web Axis OR Web Axis
REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE
LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL INDIAN RUPEE AMOUNT PAID
BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES,
LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE
DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Web Axis may discontinue, upgrade, replace, modify, or change in any
way, without limitation, any software, application, program, data,
hardware, equipment, or portions or components thereof, used to
provide customers with Web Axis services. Certain changes to Web
Axis services may affect the operation of customers’ personalized
applications and content. Each customer is solely responsible, and
Web Axis is not liable, for any and all such personalized
applications and content.
Backup of Data
Except where Web Axis has expressly agreed in writing to the
contrary, customers are solely and entirely responsible, and Web
Axis is in NO way responsible, for the management and backup of all
customer data, and all updates, upgrades, emails and patches to any
software that customers use in connection with Web Axis services.
Third Party Licenses
Web Axis makes a reasonable effort to provide customers with
technologies, developments, and innovations (collectively
“Technologies”), part of which may be licensed, or co-branded, from
or by, third party entities. However, Web Axis makes NO warranty of
any kind, either express or implied, regarding the quality,
accuracy, reliability, validity, or continued existence of any or
all aspects of such Technologies. Moreover, Web Axis specifically
disclaims all warranties of merchantability and and fitness for a
particular purpose for such Technologies. Furthermore, no customer
will hold Web Axis liable in any way for the revocation of any
license, which has been licensed to webaxis. The use of the
Technologies obtained from or through Web Axis, or any other
referred third party, whether directly or indirectly, is at the sole
risk of customers.
Non- Web Axis Products
Any mention of non- Web Axis products by Web Axis, its employees, or
any third party entity related to Web Axis is for information
purposes only and does not constitute an endorsement or
recommendation by Web Axis. Web Axis disclaims any and all
liabilities for any representation or warranty made by the vendors
of such non- Web Axis products or services.
Web Axis Intellectual Property
Customers will not, without Web Axis express written consent, copy,
reproduce, republish, or otherwise use any material, in whole or in
part, that is located on Web Axis web site, and customers will not
use any of Web Axis trademarks, service marks, copyrighted
materials, or other intellectual property without Web Axis express
written consent. Customers will not, in any way, misrepresent their
relationship with Web Axis, attempt to pass themselves off as Web
Axis, or claim that customers are Web Axis.
Assignment
Customers may not assign or delegate their rights or obligations
under the TOU or other agreement for Web Axis’s services, either in
whole or in part, without the prior written consent of Web Axis.
Minimum Age Requirement
Web Axis customers must be at least 18 years of age. Any individual
under the age of 18 years (“Minor”) must have a parent or guardian
accept the TOU in order for the Minor to become a Web Axis customer.
A parent or guardian who accepts the TOU on behalf of a Minor will
be primarily liable for ensuring complete and proper compliance with
the TOU, including the timely and full payment of the charges for
Web Axis services, and such primary liability will continue even
when the Minor has attained the age of 18, unless the parent or
guardian obtains Web Axis express written consent to the contrary.
Any acceptance of the TOU or any other agreement for Web Axis
services will be deemed null and void to the extent that Web Axis
will not be liable in any way as a result of the Minor’s age or
legal incapacity or the Minor’s use of Web Axis services.
Governing Law and Severability
The TOU, and any other agreement for Web Axis services, will be
governed by and construed in accordance with the laws of the State
of Andhra Pradesh, India without reference to its conflicts of laws
principles. Any litigation or arbitration between a customer and Web
Axis will take place in Chennai, and the customer will consent to
personal jurisdiction and venue in that jurisdiction. If any
provision or portion of the TOU or other Web Axis agreement is found
by a court of competent jurisdiction to be unenforceable for any
reason, the remainder of the TOU or the agreement will continue in
full force and effect.
Force Majeure
Web Axis will not be liable for delays in its performance of the TOU
or Web Axis services caused by circumstances beyond Web Axis
reasonable control, including acts of God, wars, insurrection, civil
commotions, riots, national disasters, earthquakes, strikes, fires,
floods, water damage, explosions, shortages of labor or materials,
labor disputes, transportation problems, accidents, embargoes, or
governmental restrictions (collectively “Force Majeure”). Web Axis
will make reasonable efforts to reduce to a minimum and mitigate the
effect of any Force Majeure. Notwithstanding anything contained
elsewhere herein, nor will any event of Force Majeure suspend any
obligation of customers for the payment of money due.
Independent Contractors
Nothing in this Agreement will be construed as creating a
partnership or relationship of employer and employee, principal and
agent, partnership or joint venture between
Web Axis and its
customers. Each of Web Axis and its customers will be deemed an
independent contractor at all times and will have no right or
authority to assume or create any obligation on behalf of the other,
except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is
used, it will be construed as including all genders, and wherever
the singular is used, it will be deemed to include the plural and
vice versa, where the context so requires. The division of the TOU
into sections/paragraphs, and the insertion of headings/captions,
are for convenience of reference only and will not affect the
construction or interpretation of the TOU. Any rule of construction
to the effect that any ambiguity is to be resolved against the
drafting party will not be applicable in the construction or
interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for
Web Axis services,
constitutes the complete understanding and agreement between Web
Axis and its customers. Except when expressly agreed to the contrary
in signed writing by an authorized representative of Web Axis, the TOU supersedes any other written (including digitized/computerized)
agreement, oral agreement, and/or agreement by conduct. This TOU,
and/or any other specific agreement for Web Axis services is between
Web Axis and its customers only and will not confer any rights in
any third party except as otherwise expressly provided by Web Axis.
D. All webaxis Customer Billing Policy
The following Terms of Use constitute Web Axis Billing Policy and
apply to ALL Web Axis customers:
Payments
Web Axisaccepts the following types of payment:
- Check/money order
- Bank wire transfer
- Fund Transfer from bank accounts
All payments are due on the Account Statement Date. The Account
Statement Date is the monthly anniversary of the date the account
was activated. You are responsible for directly updating, or
notifying Web Axis, of any changes to your billing details.
Accounts that are past due will be automatically suspended. All past
due and unpaid balances are subject to collection. In the event of
collection, you will be liable for costs of collection including
attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Web Axis offers three Billing Cycles (terms) for hosting charges:
Yearly (12 months). The Billing Cycle begins on the Plan Activation
Date. Resellers are limited to the Yearly Billing Cycle for all of
their charges.
You may elect to change your Billing Cycle at any time; however, the
new Billing Cycle will only take effect at the time of the next plan
renewal.
All additional features added to an account are charged yearly.
Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans
has to be renewed. The customer has the sole responsibility to keep
track of the expiry date and renew the services well in advance at
least 10 days before expiry. It is not the responsibility of
Web Axis
to give you any intimations in advance. It is confirmed by you that
the responsibility of renewing the service will lie with you. The
renewal of your account is subject to realization of payment by Web
Axis. Payment of account fee after expiry date does not guarantee
the renewal of account with Web Axis. Web Axis cannot guarantee the
renewal of account, if the payment is made after expiry date.
Renewal of services such as domains, ssl certificates etc, involve
companies, on whose activities, Web Axis does not have control over.
Hence, Web Axis is not liable for interruption in services, loss of
data, loss domain names, ssl certificates etc.
Statements
Web Axis will mail paper invoices or statements. Statements can be
viewed on given email id.
Domain Transfer Charges
Domain Transfer Charges Rs 2500/- Web Axis cannot guarantee the
renewal of account, if the payment is made after expiry date.
Renewal of services such as domains, ssl certificates etc, involve
companies, on whose activities, Web Axis does not have control over.
Hence, Web Axis is not liable for interruption in services, loss of
data, loss domain names, ssl certificates etc.
Bank Account Payments
Web Axis charges Rs.50 for outstation checks, Account transfers.
Reactivation
Customers that wish to reactivate a closed account will be assessed
a Rs.2000 reactivation fee.
Cancellations
Hosting plans will automatically expire until a plan is renewed. In
order to cancel service, you must contact Web Axis 's Billing Team
at billing@webaxis.info with proper payment details and account
details. Please be aware that there are no refunds after the service
is provide. No refund is available for Web Axis Start Up/Reseller
Accounts in the event of cancellation. Web Axis doest give any money
back guarantee for all the services advertised through our website.
Web Axis does not monitor, plans for problems related to domain name
transfers, non-usage, Internic, your ISP, or any other secondary
issues not directly related to Web Axis services. Cancellation of
services does not relieve the customer from paying any outstanding
balance owed on the account. Web Axis reserves the right to cancel
any account, at any time, without notice, for any reason
Web Axis
considers appropriate.
Billing/Price Changes
Web Axis policies and prices are subject to change without notice.
Any price changes become effective in the next billing cycle.
|
|
