Terms of Service

1. INTRODUCTION

This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of WorldAxs Hosting Services,  a Hawaii company (the "Company") doing business as WorldAxs Hosting Services, governing the use by the customer ("Customer") of Company's services and products ("Services and Products"). These Terms of Service have been created to promote the integrity, security, reliability and privacy of Company's facilities, network, and Customer data contained within. WorldAxs believes it provides the best services in the industry, and provides the following policies in the best interests of WorldAxs and WorldAxs's clients. WorldAxs retains the right to modify these Terms of Service at any time and from time to time and any such modification shall be automatically effective as to all customers. Company shall be the sole and final arbiter as the interpretation of the following. By utilizing WorldAxs's services and products, the Customer agrees to be bound by the terms herein outlined.

Questions or comments regarding this document should be forwarded to WorldAxs at the following address: legal@WorldAxs.com
Facsimile: (801) 659-7046.

2. COMPLIANCE WITH THE LAW

Customer shall not post, transmit, re-transmit or store material on or through any of Services or Products which, in the sole judgment of WorldAxs (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer. The Customer agrees to indemnify and hold harmless WorldAxs from any claims resulting from the use of the services which damages the Customer or any other party. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products.

3. PROHIBITED USES OF SERVICES AND PRODUCTS

In addition to the other requirements of these Terms of Service, Customer may only use the Services and Products in a manner that, in WorldAxs's sole judgment, is consistent with the purposes of such Services and Products. If Customer is unsure of whether any contemplated use or action is permitted, please contact WorldAxs as provided above. By way of example, and not limitation, uses described below of the Services and Products are expressly prohibited.

3.1. General

3.1.1. Pornography and pornographic related merchandising are prohibited under all WorldAxs's Hosting Services. This includes sites that include links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, IRC Bots, Egg Drop programs, any kind of illegal software or shareware. In addition, sites offering online gambling, casino functionality, sportsbook betting (including offshore), and internet lotteries are prohibited.

3.1.2. Violations of the rights of any Person protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer.

3.1.3. Actions that restrict or inhibit any Person, whether a customer of Company or otherwise, in its use or enjoyment of any of WorldAxs's Services or Products.

3.2. System and Network

3.2.1. Introduction of malicious programs into WorldAxs's network or server (e.g., viruses and worms).

3.2.2. Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. For purposes of this Section 3.2.2., "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

3.2.3. Executing any form of network monitoring which will intercept data not intended for the Customer's server.

3.2.4. Circumventing user authentication or security of any host, network or account.

3.2.5. Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).

3.2.6. Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.

3.2.7. Creating an "active" full time connection on a Company-provided account by using artificial means involving software, programming or any other method.

3.2.8. Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of WorldAxs, including but not limited to altering, removing or in any way modifying or tampering with Company created log files.

3.2.9. Any action which WorldAxs determines, in its own judgment, will reflect poorly on WorldAxs or negatively impact its operations.

3.2.10. Any action which WorldAxs deems to be an unacceptable use of resources, business practice or otherwise unacceptable to WorldAxs.

3.3. Billing

3.3.1. Furnishing false or incorrect data on the order form, contract or online application, including fraudulent use of credit card numbers.

3.3.2. Attempting to circumvent or alter the processes any billing procedures or procedures to measure time, bandwidth utilization, or other methods to document "use" of WorldAxs's Services and Products.

3.4. Mail

3.4.1. Sending unsolicited commercial email messages (UCE), including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of Customer or with whom Customer does not have an existing business relationship ("email spam").

3.4.2. Sending UCE referencing an email address for any domain hosted by WorldAxs;

3.4.3. Sending UCE referencing a domain hosted by WorldAxs;

3.4.4. Sending UCE referencing an IP address hosted by WorldAxs;

3.4.5. Posting advertisements on IRC, ICQ, or any other public chat system containing an email address hosted by WorldAxs, a domain hosted by WorldAxs, an IP address belonging to WorldAxs;

3.4.6. WorldAxs will be the sole arbiter as to what constitutes a violation of these provisions.

3.4.7. Harassment, whether through language, frequency or size of messages.

3.4.8. Unauthorized use, or forging, of mail header information.

3.4.9. Solicitations of mail for any other E-mail address other than that of the poster's account or service with the intent to harass or to collect replies.

3.4.10. Creating or forwarding "chain letters" or other "pyramid schemes" of any type.

3.4.11. Use of unsolicited email originating from within WorldAxs's network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by WorldAxs, or connected via WorldAxs's network.

3.4.12. Activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

3.4.13. Customer will be charged a minimum $300.00 service charge for each instance of a verifiable UCE that is reported to WorldAxs and faces immediate account suspension and/or termination, as well as further penalties. 

3.4.14. Email messages received by our mail servers are only guaranteed retention for a maximum of 90 days. Emails older than 90 days are subject to removal.

3.5. Customer Support

3.5.1. WorldAxs promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with agents of WorldAxs, via telephone, email, online chat or other means will result in immediate account termination not withstanding any other terms of this agreement. Violation of this or any section of this Agreement will result in refund ineligibility.

4. BANDWIDTH & UTILIZATION

In addition to the other terms of this agreement, which apply to all plans, bandwidth and utilization, by its nature, is subject to a number of differing and/or additional terms.

4.1 WorldAxs provides the space and unlimited transfer in good faith to our Customers so that they may create their WebSites without the fear of running over their Web traffic allocation. While most Customers will use the space and traffic for their legitimate WebSite needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:

4.1.1. Customer's site must use and store only the information and data that relates to the WebSite, at the IP address provided by WorldAxs.

4.1.2. Customer may not resell or give away Web space under a domain name, nor may Customer build WebSites that house "sub domain" WebSites on behalf of other companies, groups or individuals.

4.1.3. Customer may not use Customer's WebSite to store Web pages, files or data for other IP addresses or domain names, nor may Customer use its WebSite as a repository for file, data or "Warez group" download transfers. WorldAxs reserves the right to make this determination, in its sole and absolute discretion;

4.1.4. WorldAxs's "unlimited traffic" and "storage" offer is to provide WorldAxs's customers with storage space and bandwidth for active Web pages and cannot be used as a "storage space" for electronic files. An example of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files. WorldAxs permits up to 15 megabytes of archive storage, e.g. avi or wav files, images, compressed files, shareware, games, programs, etc.. All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Company's server and vice versa.

4.1.5. The storage and distribution of MP3 format files via WorldAxs network is prohibited.

4.1.6. WorldAxs does not permit sites where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in WorldAxs's view are detrimental to the enjoyment of WorldAxs services by WorldAxs's other clients, or are in the sole and final judgment of WorldAxs, detrimental to network or business operations.

WorldAxs may take whatever steps necessary to provide its services, and to provide for the enjoyment of such services by all of WorldAxs clients, and to ensure that certain clients do not utilize services to the detriment of other clients. Customers with Websites that do not comply with these simple rules, or who seek to take advantage of WorldAxs unlimited storage or traffic plan in any other way, will, at the discretion of WorldAxs, have their sites canceled and/or removed from the servers and have service charges assessed at the discretion of WorldAxs. WorldAxs will be the sole and final arbiter as to Websites or usages of resources that constitute violation or intent to violate our policies. Those Customers found in violation of these policies are subject to a $300.00 service charge for each instance of violation, exclusive of charges for the bandwidth and/or other resources utilized. Websites which WorldAxs must suspend or cancel due to violation of these rules are not eligible to receive a refund for unused service, and are subject to charges for bandwidth and usage of resources at twice the standard rate for such resources. Acceptance of these Terms of Services, and/or use of Company's services constitutes an acceptance of any fines, penalties or service charges which might arise out of violation of these policies.

5. TERMS AND TERMINATION

For the purposes of Section 5 of this agreement, the term "Thirty Day Guarantee Period" shall be defined as the period extending from the date a Customer signs up his or her first domain with WorldAxs through the thirtieth (30) day following the initial signup of the first domain enrolled.

5.1. All cancellations must be received by WorldAxs a minimum of five (5) days prior to the next billing date of the domain being cancelled. 

5.1.1. If the Customer notifies WorldAxs less than five (5) days before the next billing date of the domain being cancelled, the charges incurred as a result of that renewal will not be refunded.

5.1.2. Cancellations requested within the Thirty Day Guarantee Period are eligible for a full refund, less setup fees and add-on-service fees which are non-refundable. Cancellations requested outside the Thirty Day Guarantee Period are not eligible for a refund in part or in full. 

5.1.3. Cancellation requests will only be accepted via WorldAxs's Cancellation e-mail: cancel@WorldAxs.com . Any other form of cancellation request is not acceptable. Client will receive an email evidencing cancellation immediately after contacting Company's representatives. 

5.2. Customer will not receive a refund for any other reason, including but not limited to: late cancellation, slow connection caused by Customer's ISP/network, Customer's ignorance, InterNIC delays, account termination for violation of policies

5.3. By submitting a credit card or ACH information, Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to the terms of this Agreement.

5.4. Customer will not receive a refund for any setup fees or any fees other than the annual  recurring hosting fees.

5.5. Customer will be charged a $20 domain reactivation fee for each site suspended due to a billing-related issue.

5.6. Customer shall pay the fees and other charges for Services ordered from Company and WorldAxs reserves the right to change rates without notice; any changes in price will take effect upon renewal of the existing hosting account, immediately for new purchases.

5.6.1. Customer agrees that WorldAxs reserves the right to change its fees, features, and discount offerings and the Customer agrees to be bound by any changes of fee, feature, and/or discount.

5.7. WorldAxs reserves the right to terminate this agreement, and to delete the Website from its hardware and Servers, immediately upon the occurrence of any of the following events:

5.7.1. Non payment of any charges due from Customer;

5.7.2. Breach of any term or condition of this agreement by Customer;

5.7.3. Commencement of any lawsuit or proceeding against Customer arising from or relating to its use of the Website, whether or not such suit names WorldAxs as a party or seeks any recovery from WorldAxs.

5.7.4. Payment for any charges is due at the time of signup and renewal respectively. All payments must be in U.S. Dollars. Accounts which have balances outstanding shall be deemed to be in default and subject to termination of service. Customer shall be responsible for all costs of collection, including reasonable attorney's fees and court costs, in event of a default for nonpayment of any amounts due WorldAxs.

5.7.5. Any domain setup by WorldAxs on behalf of Customer is considered the property of WorldAxs. If Customer wishes to purchase the domain name and transfer to another registrar and hosting company, Customer agrees to pay WorldAxs the amount of not less than the current annual registration renewal and hosting fees.

6. INDEMNIFICATION OF PROVIDER/RELATIONSHIP OF PARTIES

6.1. Customer agrees to indemnify and hold WorldAxs harmless from any lawsuit, claim, charge, or expense, including reasonable attorney fees and costs of defense, for any matter arising from or relating to Customer's WebSite provided hereunder.

6.2. Nothing contained herein shall be deemed to create a relationship between WorldAxs and Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that WorldAxs has no interaction with the data or substance of Customer's WebSite, except as necessary to maintain the WebSite.

7. SECURITY/SOFTWARE

7.1. Customer agrees to take all steps reasonable, necessary, and prudent to protect Customer's login ID and password.

7.2. Customer agrees not to attempt to undermine or cause harm to any server, software, system or customer of WorldAxs.

7.3. Customer agrees to maintain Customers' computing equipment responsibly, including running virus software.

7.4. Uploading a virus to a Company server will result in account termination, service charges and/or prosecution.

7.5. Customer acknowledges that WorldAxs cannot provide technical support for any software and/or script that the Customer installs, other than variable name changes. Customer also acknowledges that WorldAxs does not supply technical support for Microsoft FrontPage, other than initial configuration. WorldAxs supplies technical support for Web hosting issues only. WorldAxs shall be the sole arbiter as to what constitutes a "Web host" issue.

8. VIOLATION

Any attempt to undermine or cause harm to WorldAxs server or another customer's Web presence is strictly prohibited. Any violation of the above Terms of Service will result in grounds for account termination, with no refunds given; WorldAxs reserves the right to remove any account without prior notice. Violation of these Terms of Service may result in legal action, service charges or a combination thereof.

9. CONFIDENTIALITY

Customer acknowledges that by reason of their relationship, both the Customer and WorldAxs may have access to certain products, information and materials relating to the other part's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both WorldAxs and the Customer agree that it will not use in any way for its own account or for the account of any third part, nor disclose to any third part, any such information revealed to it by either part, as the case may be.

The Customer and WorldAxs further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or WorldAxs.

10. REFUSAL OF SERVICE

10.1. WorldAxs reserves the right to refuse or cancel service in its sole discretion with no refunds.

10.2. If any of these Terms of Service are failed to be followed it will result in grounds for immediate account deactivation.

11. DISCLAIMER

11.1. USE OF WorldAxs'S SERVICES AND PRODUCTS IS AT CUSTOMER'S SOLE RISK. NEITHER WorldAxs NOR ITS EMPLOYEES, AGENTS, RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT WorldAxs'S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF WorldAxs'S SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED THROUGH WorldAxs'S SERVICE, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WorldAxs AND ITS EMPLOYEES OR OTHER CAUSES.

11.2. THE SOLE CUMULATIVE LIABILITY OF WorldAxs FOR ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS OF FORM, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES AND CHARGES PAID TO WorldAxs BY THE CUSTOMER.

11.3. WorldAxs reserves the right to revise or change these Terms of Service at any time.

11.4. This Agreement shall be governed in all respects under the laws of the State of Hawaii  applicable to contracts made, accepted and performed wholly in Hawaii, without application to principles of conflict of laws, and the Customer and WorldAxs agree that the sole venue and jurisdiction for any disputes arising from this Agreement shall be the appropriate federal or state court located in the State of Hawaii.

12. DOMAIN REGISTRATION AGREEMENT

For domain name registrations obtained by the Customer via WorldAxs, an authorized reseller of the ICANN registration system, in addition to this Agreement and notwithstanding any other term of this Agreement, you agree to be bound by the terms and conditions of the Service Agreement of ICANN, Inc. as amended from time to time (the " Registration Agreement Exhibit A"), and you agree to be bound by all policies of and all agreements betweenWorldAxs and ICANN. Without limiting the generality of the foregoing, you agree that any dispute with respect to your domain name will be subject to the provisions of the domain dispute policy (Uniform Domain Name Dispute Resolution Policy ) located at http://www.icann.org/dndr/udrp/policy.htm  as such policy is amended and revised from time to time. 

12.1. Customer acknowledges that all WorldAxs fees billed for domain registration will be billed directly to the Customer and that

12.2. By registering a domain name, WorldAxs is establishing a relationship with Customer.

12.3. WorldAxs Hosting Services is the domain name hosting business. All customer accounts are setup with the understanding that the Customer will transfer authoritative DNS control of the domain hosted to WorldAxs or its Designee, i.e., WorldAxs requires the Customer to update the domain name registration of any domain hosted by WorldAxs to list WorldAxs's domain name servers as the hosting entity. WorldAxs does not provide extended access to its network through non-authoritative DNS means for any purpose other than initial account setup. Third-level domains are provided for 30 days after account creation and may not be used as a Primary means of access to an assigned web space.