Axon Access Terms and Conditions
This Agreement is between USER and Axon Access. This agreement is the sole agreement between USER and Axon Access, and supersedes any other written or oral agreement. This agreement is bound when any user initiates service with Axon Access. Axon Access also reserves the right, upon published notice to USER's electronic mail account, to modify the terms and conditions specified below.
If at any time you do not agree to these terms and conditions, please notify Axon Access so that we may cancel your account.
Axon Access understands that using the Internet "properly" (as defined by the Internet community generally) can be very unclear and confusing. It is certainly not our goal to punish someone for not fully understanding how the Internet works. Our goal is to help you use the Internet most effectively.
However, we reserve the right to cancel the account privileges of anyone who purposefully and repeatedly abuses the system. If you are new to the Internet and have questions about these points, please give Axon Access a call.
We also reserve the right to cancel any account privileges without cause or notification to the USER at any time.
USER agrees to abide by the following acceptable use policies:
USER will not send mass-unsolicited electronic mail. Mass-unsolicited electronic mail is defined as any electronic mail sent to a group of electronic mail addresses, where the recipients have not specifically requested information or a response. Any user who violates this policy will be subject to a $1.00 fine per e-mail message sent.
USER will not post commercial advertisements to USENET newsgroups unless the newsgroup specifically states in its FAQ (Frequently Asked Questions) that advertisements are permissible.
USER will not use their account for any unlawful purpose, including but not limited to: Illegal On-line gambling; transmission, posting or downloading of child pornography; intentional spreading of computer viruses; unlawful entry into public or private computer systems including Axon Access's own network infrastructure; trafficking in stolen credit card codes; or any other violation of Federal or State law.
USER will not engage in any activity that unreasonably burdens Axon Access's system resources. Axon Access reserves the right to turn off any account immediately and without notice if such account restricts or prohibits other Axon Access users from accessing their accounts.
USER's failure to comply with the above listed policies will result in termination of USER's account.
Payment and Termination:
Axon Access's billing cycle begins on the 1st of each month. Any activation fee is due at the time of sign-up; this is a non-refundable payment. If you pay by check, an invoice will be mail / e-mailed to you every month. Payment is due by the 15th of upcoming month. Monthlies started during the 1st half of the billing period will be billed at the daily rate for the remainder of the month, those started during the last half of the billing period will be billed at the daily rate for the remainder of the period, plus the next full month. Quarterly, Semi Annual and Annual invoices will be mail / e-mailed on the first day of the first month of the fiscal period. New accounts started during the 1st half of the month will be billed at the daily rate for the remainder of that month then for the full period (Quarterly, Semi Annual or Annual) selected. There will be a $25.00 service charge on all returned checks.
Axon Access will publish a notice of fee increase/decrease/modifications 30 days before such increases take effect.
No consulting, service or maintenance fees are refundable. Furthermore the cost of software licenses or software development services is not refundable.
Due to the nature of computer products, Axon Access does not accept returns for refunds. The only exclusion to this is purchased hardware that is returned unopened within 7 days of purchase and not damaged in any way. The unopened item will incur a 20% restocking fee.
If you wish to cancel or have any questions, comments or concerns about our refund policy, you may contact us by clicking on this link: firstname.lastname@example.org.
Accounts that are past payment due date will lose their access privileges and a $5.00 late fee will be added to the amount due. Any electronic mail sent to these accounts will be stored for 30 days from the date payment was due.
Termination of Account:
Any account that remains in a past payment due status for more than 30 days will be terminated and all files (including electronic mail, world wide web pages, and home directory files) stored in that account's directory will be deleted.
Phone Support and Support Services:
Included phone support will be limited to 60 minutes a month, with further support being billed to your account at $10 per 15 minutes.
Limitation on Liability and Indemnity:
By using a Axon Access Account, USER agrees that Axon Access will not be responsible for any direct, indirect, consequential, special or punitive damages or losses USER may incur in connection with Axon Access's system or any of the data or other materials transmitted through or residing on Axon Access's system, even if Axon Access has been advised of the possibility of such damage or loss. In addition, USER agrees to defend, indemnify Axon Access, and hold Axon Access harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys fees) relating to any acts by USER for materials or information transmitted by USER in connection with our system leading wholly or partially to claims against us or our system by other users or third parties.
Violation of any Axon Access conditions of use are unethical and may be criminal offenses. You are expected to report to Axon Access any information you may have concerning instances on which the conditions of use have been or are being violated.
When Axon Access becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Axon Access may suspend access to services to the account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at Axon Access discretion, following payment of any delinquent fees.
Axon Access is not responsible for any computer viruses, worms, Trojan horses or other computer errors or defects that may lead to loss of data or damage to systems. Axon Access does not warrant or guarantee that programs or services uploaded or downloaded fromAxon Access services shall be free of all viruses. Any customer found uploading a 'virus' would be automatically terminated from the system and legal action will be pursued.
This agreement shall be governed and construed on accordance with the laws of the Commonwealth of Kentucky.
Axon Access provides private electronic mail boxes or mail services to all of our accounts. While Axon Access will endeavor to protect the privacy of all members' electronic mail, we do not warrant or guarantee the privacy of that Axon Access mail. strongly recommends that wherever possible, users employ their own encryption algorithms to protect the privacy of their personal or sensitive messages. Ownership of Materials: USER may upload, download, transmit, and re-distribute public domain materials. USER is solely responsible for determining if materials are within the public domain. USER agrees not to violate any copyright, trademark, patent or other legally protected interest by uploading, downloading or distributing copyright, trademark, patent or other protected material through Axon Access's system without consent of the owner of that material.