Terms & Conditions =================== Terms & Conditions All Terms and Conditions of this TOS (Terms of Service) may be modified at our sole discretion without prior warning. A change to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of SecureAX Internet’s Service constitutes acceptance and agreement to SecureAX Internet’s TOS (Terms of Service). From herewith in this TOS, the usage of “us”, “we”, “our”, “ours” shall constitute reference to SecureAX Internet, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of SecureAX Internet. Acceptance of Contractual Agreement 1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by SecureAX Internet, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed. 2. SecureAX Internet will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay SecureAX Internet any additional fees as specified in the Service Description. Payment: Establishment of this service is contingent upon receipt of payment from Customer to SecureAX Internet. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Delinquent Accounts: SecureAX Internet may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. Account Cancellation: All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to support[at]secureax.com. Refunds and Disputes: All payments to SecureAX Internet are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargeback’s, in SecureAX Internet’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service. Acceptable Usage Policy (AUP) Use of SecureAX Internet Service constitutes acceptance and agreement to SecureAX Internet’s AUP as well as SecureAX Internet's TOS (Terms of Service) SecureAX Internet reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of SecureAX Internet’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). IMPORTANT NOTICE: *All Payments To SecureAX Internet Are Non-Refundable* We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. SecureAX Internet may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your SecureAX Internet account or other actions as detailed below without notice, based upon the nature of the violation This document is intended to provide a basic understand of SecureAX Internet's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of SecureAX Internet's AUP. If a SecureAX Internet account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service. The following constitute violations of this AUP: - Illegal Activities: SecureAX Internet's services may not be used for illegal purposes, or in support of illegal activities. SecureAX Internet reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. - Media: SecureAX Internet would like to believe that all media posted is legal, and does not infringe copyright. This is the “good-will” law. However, to protect ourselves, we understand that not all people mean good. Therefore, we do not allow media to be posted on the server. If you want to link to media, there is no problem with that. - Adult Content: SecureAX Internet does not allow adult content in any way shape or form on all designated “shared” servers. - Harm or Endangerment to other people: You may not use SecureAX Internet’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use SecureAX Internet’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. - Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. - Unsolicited E-mail, News Bombing (SPAM): Use of the SecureAX Internet service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending SecureAX Internet account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending SecureAX Internet account. - Copyright or trademark infringement: Use of the SecureAX Internet service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the SecureAX Internet service to collect, or attempt to collect, personal information about third parties without their knowledge or consent, Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. - Server Resource Usage Policy: Customer may not run the following within the SecureAX Internet server and SecureAX Internet reserves the rights to suspend any abusive accounts: 1) Run any sort of cpu intensive script or software that impacts the quality of service on other customers for any extended period of time. 2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 3) Run any software that interfaces with an IRC (Internet Relay Chat) network. 4) Run any bit torrent application, tracker, or client and provide any sort of file mirror or repository type service. 5) Participate in any file-sharing/peer-to-peer activities or offer any sort of free web hosting. - Network disruptions: Use of the SecureAX Internet service for any activity which affects the ability of other people or systems to use SecureAX Internet Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. SecureAX Internet will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. SecureAX Internet, does not allow the hosting of IRC, IRC Bots, or egg drops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the SecureAX Internet service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of SecureAX Internet's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending SecureAX Internet account is subject to immediate termination. - Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. - Network Security: SecureAX Internet accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. REPORTING VIOLATIONS OF SECUREAX INTERNET AUP Shared Hosting is the renting of a certain amount of space and data transfer off of any one server. This service is fully managed and the overall server, which hosts many clients, is upgraded nightly by our system administrators. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Network Uptime is the total time in a calendar month that SecureAX Internet network is available through the Internet, provided that Client has established connectivity. SecureAX Internet takes responsibility Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, rendering 100% packet loss 99% of each calendar month. This means that the network will have errors no more than 430 minutes in a normal 30-day calendar month. Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled “Network Uptime” above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in SecureAX Internet’s Network as confirmed by SecureAX Internet. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month. Scheduled Downtime is any SecureAX Internet scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 10 hours notice. If the downtime period does not exceed 20 minutes, advanced notice may not be given. - Setup Times: All accounts with SecureAX Internet will be setup within 48 hours. However in case of an act of god or other uncontrollable action, we will not be able to uphold that setup time. - Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: - Scheduled downtime - Problems outside of SecureAX Internet’s network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network, including certain ISP’S not able to connect to our name servers, causing the client to be unable to browse sites hosted by us, by domain name. - Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, client abuse or over utilization of resources, hacked servers, attacks, exploits, or server hardware failures. - Loss of Data SecureAX Internet provides daily backups for all the web services. However, we recommend you backup your data daily to a local hard drive. Because of the previous statement, SecureAX Internet is not responsible for the loss of your data.