SECTION 1: SETUP FEE PAYMENT. 
Setup Fees including, but not limited to, additional programming are nonrefundable.

SECTION 2: HOSTING FEE PAYMENT.  
All fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice. All hosting services require each hosted customer to have a credit card on file for our automated billing system. You may select one of our hosting plans in 3, 6, 12, or 24 month packages - discounts may apply. Checks are only accepted under or 6, 12, or 24 prepay month options and must be paid 30 days prior to hosting service starts and during your contract. Month-To-Month hosting contracts are only provided via credit card payment and must be on file and current.

SECTION 3: LATE CHECK – MO PAYMENT.  
If payment has not been received by the 15^th of the current month, a deactivation of an account will occur.  We will keep the account de-activated for up to 48 hours.  All account re-activations will be subject to a $20.00 late fee.  Accounts de-activated for more than 72 hours are subject to a complete cancellation.  With all AXI1.com's connection's, a $50.00 closed account reinstatement fee will apply to reactivate the service(s) again. Returned checks will incur an administrative fee of $25 US.

SECTION 4: PAYMENT VIA INTERNATIONAL CHECKS.  
Checks that are written that do not draw upon a U.S. bank will have processing fees imposed by the banks. Processing fees imposed by the bank will be billed to the customer.


SECTION 5: CREDIT CARD PAYMENT. 
AXI1.com accepts payment via Master Card, AMEX, and Visa cards. Usage of a credit card indicates an authorization to cover current and all future monthly and additional fees with the credit card on file. Credit cards will be charged within the last week of the last hosting month for the new hosting calendar month(s).

SECTION 6: ACCOUNTS WITH NON-USABLE CREDIT CARDS. 
Credit cards on file are non usable when any of the following occur: 

6.1: The card has expired; 
6.2: The card declines our charges for any reason; 
6.3: The card is reported lost or stolen; 
6.4: The card is declared invalid by our processing system. 

6.5: If a credit card payment fails, the customer will be sent an e-mail and postal notice with 15 days to rectify the situation either with a new payment method or by updating the credit card. The charge will be re-attempted periodically within these 15 days with the last retry being on the 15th day. If the card still does not accept our charge and no other payment has been received by the 15th day, the account will be suspended without exception. The customer will have the option of reactivating the account after paying the full amount of the invoice due. An additional fee of $25.00 will be assessed for reactivation. The reactivation fee is non-negotiable. 

6.6: If AXI1.com does not receive payment within 5 days of the deactivation notice, the account will be permanently canceled. This includes the removal of ALL files that may remain. Canceled accounts can not be reactivated with AXI1.com until the reactivation fee is paid. 

SECTION 7: FREQUENTLY DELINQUENT POLICY.  
AXI1.com considers a customer to be “frequently delinquent” after the third past due or credit card problem notice within any one year period.  Customers who become “frequently delinquent” are required to have a positive account balance at all times to receive continued service.  
7.1: On the 30^th day of any month, a “frequently delinquent” customer must have enough money in his/her account to cover the next month’s hosting fee.  When a “frequently delinquent” customer fails to have sufficient funds to pay for the next month of service, the account will be suspended immediately and the account will remain suspended until payment is made.  This policy applies to all payment methods.  This policy is non-negotiable.  

SECTION 8: REQUESTING OF A CANCELLATION.  
If you cancel your service you will be refunded the prepaid fees for any unused month, once those services are no longer being provided, not including setup fees, if you have a contract, the terms of the contract apply. A cancellation will only be accepted if it is done by one of the following methods:
8.1: The customer must submit his/her virtual authorization by requesting cancellation on-line at: sales@axi1.com; or

8.2: The customer must fax a cancellation request to 909-242-3327.  The request must include the following information:
Account name and password
Cancellation request
Signature of account owner

SECTION 9: RESULT OF A CANCELLATION.  
When a cancellation request is made, the technical department will immediately remove all configuration information as well as all contents of the account.  AXI1.com will remove all files.  This may include unread e-mail left on AXI1.com’s servers. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services. If you wish services to cease immediately, you must request that our services be discontinued immediately.

9.1: Hosting only accounts include site passwords and FrontPage FTP. Grab-A-Stores do not provide FTP to sites.

9.2: We can transfer your site to your new location at $40 per hour estimated at 4 hours each site and does not include:

1. Any reconfiguration of site coding
2. No reconfiguration of email address or users
3. No backend web programming 
4. No changes to web site or its pages or content
5. No adaptations to make site function – just transfer of web sites 
   

9.3: If client desire to transfer web site(s) said web sites would be provided in a standard zipped format charged at $45 charge per web site. Additional web site configurations and or coding are billed on an hourly basis of $40 hour. An estimate is required and paid in full in advance of all work.


SECTION 10: REFUNDS WITHIN THE FIRST 30 DAYS OF SERVICE.  
If an account is canceled within the first 30 days of service, the customer will receive a full refund of all account fees, minus prorated days of use, except overages.  This 30 day policy shall include the 30^th day.  Any over usage fees including but not limited to additional bandwidth will not be refunded.

SECTION 11: REFUNDS OUTSIDE OF THE FIRST 30 DAYS.  
All service rendered to date will be billed and must be paid.  Refunds will be issued only for unused service time.  Accounts established under pre-paid contracts are normally offered a discount.  If cancellation of a pre-paid contract occurs before the pre-paid term expires, the discount will be voided and each month of service used will be billed at the regular monthly rate.  If pre-payment funds remain after payment of the monthly rate for each month of service used, a refund will be issued.

Refunds are only valid from the date of the official cancellation request under section 10 of this policy.

SECTION 12: UPDATING YOUR BILLING INFORMATION. 
You can submit billing information changes to AXI1.com via sales@axi1.com.  You may also fax an update to 909-242-3327.  Any fax must include the main account user name / password as well as signature or the account owner. 

SECTION 13: OUT OF DATE RECORDS. 
Periodically it may become necessary to contact the customer.  If the information provided to us is not current, it may lead to customers failing to receive notices.  The customer is responsible for keeping records current at all times.

AXI1.com is not responsible for actions that are taken as a result of customer’s failure to respond to AXI1.com’s notifications.  

SECTION 14: DATA OR MATERIAL USE.
The use of any data or material, which Customer receives from the service provided by AXI1.com, is at Customer's sole and absolute risk. AXI1.com specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.

SECTION 15: SERVICE WARRANTIES.
AXI1.com will utilize its best efforts to maintain acceptable performance of services, but AXI1.com makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. AXI1.com cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. AXI1.com will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. AXI1.com shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of AXI1.com.

SECTION 16: INDEMNIFY - HOLD HARMLESS.
Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ("Liabilities") against AXI1.com, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless AXI1.com against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with AXI1.com's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on AXI1.com's Server. As a result of this, Customer agrees that AXI1.com shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of AXI1.com. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.

SECTION 17: LEGAL SERVICE USE. The Customer may only use AXI1.com's services for lawful purposes. In the event that at any given time, AXI1.com believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, AXI1.com has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:

17.1: Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;

17.2: Unsolicited advertising via email and/or "Spamming" is a violation of State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. AXI1.com reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, AXI1.com will charge One Dollar ($1.00) per email recipient for any such activity;

17.3: Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. AXI1.com reserves the right to determine what is Net abuse;

17.4: Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;

17.5: The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. AXI1.com reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.

17.6: MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.

Resellers:

RESELLER DISCOUNTS.

SECTION 18: QUALIFYING FOR RESELLER DISCOUNTS. 
AXI1.com makes it possible for customers to resell additional accounts or start a AXI1 Jr. business.  Customers who have an account with AXI1.com, will receive a 25% discount on all additional accounts equal to or less than the default account.  

AXI1.com will automatically make the most expensive account the customer’s default account.

Accounts only qualify for the discount if they are applied for at sales@axi1.com.

SECTION 18: RESPONSIBILITY OF RESELLERS FOR COLLECTING PAYMENTS FROM CLIENTS.  
Resellers of AXI1.com are responsible for collecting payments from their own customers.  Resellers are in turn responsible for payment directly to AXI1.com for the full amount of their monthly bill.  Resellers shall pay AXI1.com for the services provided to Reseller by AXI1.com regardless of Reseller’s ability to collect payment for his/her services provided to his/her customers.  To assist Resellers with the collection of overdue accounts, AXI1.com will suspend an account and then reactivate it free of charge.

“Suspended” accounts will still be billed to the Reseller unless they request a cancellation of the account. Reseller may elect to use our Affiliate program which decreases reseller responsibility. Customers deal directly with AXI1.com and affiliate is paid commissions.  

If you have any questions concerning the above stated terms and conditions then please e-mail us.