Axsen Support Services / Terms of Service

Axsen LLC Terms Of Service / Refund Policy

Terms Applicable to all of Axsen LLC Web Services

These Axsen LLC Web Services Terms of Service comprise a legal agreement between You and Axsen LLC and governs Your use of Axsen LLC Web Services. BY SUBSCRIBING TO AN AXSEN LLC WEB SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the Axsen LLC Web Services.

Axsen LLC Web Services is made up of websites, Web pages, and Web hosting operated by Axsen LLC (Axsen) and its affiliates and of various products and services that are provided by Axsen, its affiliates or third party service providers. These websites, Web pages, design services, and services will be collectively referred to in this Agreement as "Axsen Web Services." "You" means You, Your company, Your employees, and anyone who has access to use Your Axsen Web Services account. You must be at least eighteen (18) years of age to subscribe to and use any Axsen Web Services service or product.

The general provisions of these Terms of Service apply to Axsen Web Services hosting services (Axsen Web Services Network) and to all of the products and services provided through the Axsen Web Services Network. Each applicable Axsen Web Services website, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

The Axsen Web Services and Axsen Web Services Network are offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Axsen Web Services Network and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. You accept and agree to be bound by these Terms of Service and the Additional Terms at the moment You receive Axsen's Order Confirmation email or when You place an order in person, via email, telephone, facsimile, or via the Axsen on-line order page. If You do not accept all of these terms your order for services will be cancelled and You will not be charged. Axsen reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the Axsen Web Services Network after any such changes, Your continued use will constitute Your consent to such changes. Axsen does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.

Any rights not expressly granted herein are reserved by Axsen.

In addition, Your registration information and other information about You is subject to our Privacy Statement.

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please visit the Contact Us page of the Axsen website and send an email requesting a hard copy.

Your Warranties

By subscribing to any service offered on the Axsen Web Services site, You make the following representations and warranties. Axsen shall have the right to terminate your Axsen Web Services account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

  1. You and all users of the Axsen Web Services Network approved by you are at least eighteen (18) years of age;
  2. You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the Axsen Web Services service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; You will not use the Axsen Web Services Network for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process. Any products or services advertised, sold or otherwise distributed by You on or in connection with Your website are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your website, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your website.

By using the Axsen Web Services Network, You agree that You will defend and indemnify Axsen and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

Limitations on Your Use of the Axsen Web Services Network

The Axsen Web Services Network is provided to assist You with the operation of Your business. Your right to use the Axsen Web Services Network is limited to You, and Your company and its employees. You are solely responsible for Your content and Your website and your Axsen Web Services account. Axsen reserves the right, but is not obligated, to monitor or to review materials posted on Your website and to monitor your compliance with these Terms of Service and the Additional Terms. Axsen reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Axsen Web Services Network, except as expressly provided herein.

You may not use a name in connection with operating Your Axsen Web Services website that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.

You may not restrict or inhibit any other user from using and enjoying such user's rights in Axsen Web Services.

You may not interfere with or disrupt the Axsen Web Services Network or servers or any network connected to Axsen Web Services.

You may not use the Axsen Web Services Network or the products or services provided through or in connection with the Axsen Web Services Network to: rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns; harm minors in any way; publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or website that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any Axsen Web Services or Your website would cause Axsen to violate any law, statute or regulation; or any other illegal activity; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; violate any applicable government laws or regulations.

You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the Axsen Web Services Network." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not de-compile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Axsen Web Services Network, or in any product, service or Software provided through the Axsen Web Services Network.

The information provided by Axsen to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Axsen with any third party.

Fees

Some products and services available through or in connection with Axsen Web Services require that You purchase a subscription or otherwise pay a fee. You hereby authorize Axsen to charge Your credit card in advance for all applicable fees incurred by You or on Your behalf in connection with Your use of the Axsen Web Services product or service You have chosen to use. Axsen Web Services will automatically charge Your credit card each month for the fee(s) then due and Your credit card expiration date will automatically be extended for the purpose of providing uninterrupted services. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of Your Axsen Web Services account by you or anyone else using your account. Axsen reserves the right to modify the fees charged for Axsen Web Services products and services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after Axsen posts such modified fees on the Axsen Web Services website. Amounts not paid by You to Axsen when due may bear interest at the lesser of (a) one and one-half percent (1.5%) per month, and (b) the maximum rate permitted by applicable law.

If You notify Axsen by phone at the number found on the cancellation policy page of the Axsen Web Services website or in writing that You are canceling one or more Axsen Web Services or products, fees pre-paid by You to Axsen for Axsen Web Services products or services will be credited back to Your applicable credit card in accordance with the Cancellation Policy outlined below. Axsen is not required to refund directly to You any amounts paid hereunder. It is Your responsibility to notify Axsen Web Services if Your credit card has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.

In the event that Axsen terminates Your Axsen Web Services account or one or more of Your Axsen Web Services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.

Cancellation Policy

You agree that (a) Axsen Web Services cancellation policy will be posted on the Axsen Web Services website and may be changed from time to time by Axsen Web Services in its sole discretion and (b) the cancellation policy posted at the time you cancel your subscription shall govern the amount of the refund (if any) due to you. You acknowledge that if You cancel any subscriptions to an Axsen Web Services service that You may not be entitled to a refund of all or part of amounts already paid by You for such Axsen Web Services subscription. You agree to maintain service with Axsen Web Services for the minimum term of 12-months plus any additional time required by any promotions or discounts You accept. After that, You will become a month-to-month customer under this agreement. IF YOU CHOOSE TO END YOUR SERVICE BEFORE YOU BECOME A MONTH-TO-MONTH CUSTOMER (OR IF WE TERMINATE IT EARLY FOR GOOD CAUSE), YOU MUST PAY THE BALANCE OF YOUR SUBSCRIPTION AS AN EARLY TERMINATION FEE. If at any time You change service (by accepting a promotion, for example), You will be subject to any requirements, such as a new minimum term, Axsen Web Services sets for that change.

Changes to Services, Termination by Axsen Web Services

Axsen may change any of the Axsen Web Services at any time and from time to time without notice, including terminating the offering of any Axsen Web Services service altogether.

Axsen may terminate Your account, Your access to Axsen Web Services or any of Your Axsen Web Services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Axsen Web Services or from using the Axsen Web Services Network or from receiving any products, services or benefits from Axsen Web Services, if Axsen determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Axsen receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Axsen Web Services Network and there will be no refund of any fees prepaid by You. If You subscribe to a Axsen Web Services service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your annual fee for the Axsen Web Services service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.

Links to Third Party Sites

Links within the Axsen Web Services Network may let You leave the Axsen Web Services Network. You acknowledge that the linked sites are not under the control of Axsen and that Axsen is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site. Axsen is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Axsen of the linked site or any association with their operators.

License You Grant to Axsen Web Services

Axsen does not claim ownership of the materials You provide to Axsen (including feedback and suggestions) or that You post, upload, input or submit in connection with Your use of Axsen Web Services or any website ("Your website") created by You or on Your behalf in connection with the use of Axsen Web Services (collectively "Submissions"). However, You grant Axsen a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, link to, reproduce, edit, translate, sublicense and reformat Your Submission, and to publish Your name in connection with Your Submission) Your Submission only in connection with the operation and promotion of Axsen Web Services. You also grant Axsen the right to publish Your information in connection with any such use including, but not limited to, directory listings, bookmarks, coming soon and announcement page(s) and listings, and promotional link(s) to Axsen websites. No compensation will be paid or due You with respect to Axsen's or its sub-licensee's use of the materials as licensed above. Axsen is under no obligation to post or use any materials You may provide, and may remove such materials at any time in Axsen's sole discretion. By posting messages, uploading files (including graphics), inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Axsen Web Services Network, You represent and warrant that You own or otherwise control the rights necessary to do so and to grant Axsen the license set forth above, and You will defend and indemnify Axsen and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

You grant Axsen permission to use screen shots of any Web page that contains a link to Axsen Web Services or Axsen Web Services HTML code (with respect to the Axsen Web Services Banner Network) in Axsen Web Services promotional materials, and represent and warrant that You have sufficient authority to grant the foregoing rights.

Software Available on the Axsen Web Services Network

Software (if any) that is made available to download from or otherwise use through the Axsen Web Services Network, excluding software that may be made available by third parties via Axsen Web Services, ("Software") is the copyrighted work of Axsen and/or its suppliers. Your use of the Software is governed by these Terms of Service, and the applicable Additional Terms, and the terms of the end user license agreement (EULA), if any, which accompanies or is included with the Software ("License Agreement"). To the extent that the License Agreement conflicts with the Terms of Service or Additional Terms, the terms of the License Agreement shall govern Your use of the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless You first agree to the License Agreement. For any Software not accompanied by a license agreement, Axsen LLC hereby grants to You, the user, a personal, non-exclusive, non-transferable license to use the Software for viewing and otherwise using the particular Axsen Web Services website or Axsen Web Services service in accordance with the License Agreement, the Terms of Service and Additional Terms and for no other purpose. In addition, You shall keep intact all and may not alter any copyright and other proprietary notices contained in such Software. All Software is owned by Axsen and/or its suppliers, and is protected to the maximum extent permitted by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the Software may be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY TRADE SECRET CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. All software downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with RESTRICTED RIGHTS as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.

Limitations of Liability and Disclaimers

The information, software, products, services and other material included in or available through the Axsen Web Services Network may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via the Axsen Web Services Network should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of the Axsen Web Services Network, and products and services of Axsen Web Services, is at Your own risk. Axsen makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Axsen Web Services Network, or such products or services. Without limiting the foregoing, NEITHER AXSEN NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN AXSEN WEB SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AXSEN AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL AXSEN OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF AXSEN WEB SERVICES OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE AXSEN WEB SERVICES OR RELATED SERVICES;

THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH AXSEN WEB SERVICES; OR OTHERWISE ARISING OUT OF THE USE OF AXSEN WEB SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AXSEN OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF AXSEN WEB SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AXSEN WEB SERVICES NETWORK AND ITS RELATED SERVICES AND PRODUCTS.

Without limiting the foregoing, Axsen is not responsible for any of Your data residing on Axsen and Axsen Web Services Network hardware or systems, including such hardware or systems provided to Axsen by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Axsen or Axsen Web Services hardware or systems, including such hardware or systems provided to Axsen by third parties, whether or not such information is produced through the use of Axsen Web Services, including any information regarding the operation or use of Your website, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Axsen Web Services Network. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Axsen will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Axsen Web Services Network, its services or products; (b) Your customers' use of Your website hosted by or created through Axsen Web Services and Your products and services; © use of the Axsen Web Services Network by any other party to whom You have given access to Your company information for use of the Axsen Web Services Network; (d) errors, bugs or other defects in the Axsen Web Services Network; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Axsen Web Services Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Axsen's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your website, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Axsen Web Services Network.

Axsen is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Axsen Web Services information, through the use of the Axsen Web Services Network.

Axsen is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your website or between You and any user of any products or services offered or provided by You or by a third party through the Axsen Web Services Network. Axsen is not responsible for screening, censoring or otherwise controlling Your website, or any listings or transactions offered or conducted via Your website. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your website or through Axsen Web Services.

Axsen is not acting as Your or any third party's agent in connection with the operation of Axsen Web Services. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Axsen is not involved in any orders or other transactions between You and other users of Axsen Web Services or other marketplace forums, Axsen cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.

Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your website or on any Axsen Web Services service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Axsen is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Axsen makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Axsen Web Services.

Indemnity

You agree to defend, indemnify and hold Axsen and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Axsen or Your use of Axsen Web Services.

Access Restriction; Account Security and Passwords

Axsen reserves the right to deny in its sole discretion any user access to Axsen Web Services or any portion thereof without notice.

You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Axsen Web Services Network resulting from any third party using a password or user name issued to You. You agree to notify Axsen immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Axsen Web Services Network known to or suspected by You. You may change Your password at any time by following instructions on the Axsen Web Services website.

You hereby authorize Axsen to rely on any data, notice, instruction or request furnished by You to Axsen, or that Axsen reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Axsen is not responsible for fraud of participants or of other users of your account.

Your Customer Data

Axsen Web Services will not use Your customer data or Your customer contact list for any purposes other than those intended by the Axsen Web Services Network. Your customer information will not be shared with any other parties, unless you are also subscribing to a Axsen Web Services service where one of the features of such service is the sharing of customer information between the services. Axsen Web Services will not use Your customer information for the purpose of sending unsolicited commercial e-mail to such customers.

General

These Terms of Service and the Additional Terms are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Alameda County, California, U.S.A. in all disputes arising out of or relating to the use of the Axsen Web Services or the Axsen Web Services Network. Use of the Axsen Web Services Network is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Service, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Axsen as a result of these Terms or Service or use of Axsen Web Services.

Axsen's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Axsen's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Axsen Web Services Network or information provided to or gathered by Axsen with respect to such use.

If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Axsen with respect to the Axsen Web Services Network and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Axsen with respect to the Axsen Web Services Network.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The example companies, organizations, products, people and events depicted within Axsen Web Services are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.

Axsen is not obligated to monitor the content on Axsen Web Services. Axsen reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Axsen's Privacy Statement located at http://www.axsen.com/policy.asp. Axsen reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Axsen Web Services websites, in Axsen's sole discretion, without notice at any time.

Any rights not expressly granted herein are reserved by Axsen, including all legal and equitable remedies available to Axsen or violation of any of these Terms of Service.

Copyright and Trademark Notices

All contents of the Axsen Web Services Network are: Copyright © 2017 Axsen, Inc. and/or its suppliers, c/o Axsen LLC, 5472 Black Ave., Suite 1000, Pleasanton, California, U.S.A. All rights reserved.

Trademarks

Axsen Web Services is either a trademark or registered trademark of Axsen LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by Axsen.

Notices and Procedure for Making Claims of Copyright Infringement

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. To see Axsen's Notice and Procedure for Making Claims of Copyright Infringement, contact Axsen at support@axsen.com.

Service Contract

If You need to contact Axsen regarding the Axsen Web Services Network, please send e-mail via our Contact Us form.

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Axsen LLC Acceptable Use Policy

As a provider of website hosting and other internet-related services, AXSEN offers its customers the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. AXSEN respects that the internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, AXSEN reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, AXSEN has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing AXSEN's services. This AUP will be revised from time to time. A customer's use of AXSEN's services after changes to the AUP are posted on AXSEN's website, www.axsen.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the internet is that no one party owns or controls it. This fact accounts for much of the internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the internet, both in the information they acquire and in the information they disseminate to others. When customers obtain information through the internet, they must keep in mind that AXSEN cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the customer must exercise his or her best judgment in relying on information obtained from the internet, and also should be aware that some material posted to the internet is sexually explicit or otherwise offensive. Because AXSEN cannot monitor or censor the internet, and will not attempt to do so, AXSEN cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal internet communications.

When customers disseminate information through the internet, they also must keep in mind that AXSEN does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over AXSEN's network and may reach a large number of people, including both customers and noncustomers of AXSEN, customers' postings to the internet may affect other customers and may harm AXSEN's goodwill, business reputation, and operations. For these reasons, customers violate AXSEN policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

  1. Spamming – Sending unsolicited bulk and/or commercial messages over the internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward AXSEN, but also because it can overload AXSEN's network and disrupt service to AXSEN customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, AXSEN has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
  2. Intellectual Property Violations – Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. AXSEN is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also AXSEN's policy to terminate the privileges of customers who commit repeat violations of copyright laws.
  3. Obscene Speech or Materials – Using AXSEN's network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. AXSEN is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through AXSEN's network.
  4. Defamatory or Abusive Language – Using AXSEN's network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
  5. Forging of Headers – Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
  6. Illegal or Unauthorized Access to Other Computers or Networks – Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
  7. Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities – Distributing information regarding the creation of and sending internet viruses, worms, trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
  8. Facilitating a Violation of this AUP – Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
  9. Export Control Violations – Exporting encryption software over the internet or otherwise, to points outside the United States.
  10. Other Illegal Activities – Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
  11. Other Activities – Engaging in activities, whether lawful or unlawful, that AXSEN determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the customer. AXSEN will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with AXSEN policy or applicable law. When AXSEN becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a website, implementing screening software designed to block offending transmissions, denying access to the internet, or take any other action it deems appropriate.

AXSEN also is concerned with the privacy of on-line communications and websites. 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, AXSEN urges its customers to assume that all of their on-line communications are insecure. AXSEN cannot take any responsibility for the security of information transmitted over AXSEN's facilities.

AXSEN will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. AXSEN may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, AXSEN may disclose information, including but not limited to, information concerning a customer, a transmission made using our network, or a website, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. AXSEN assumes no obligation to inform the customer that customer information has been provided and in some cases may be prohibited by law from giving such notice. Finally, AXSEN may disclose customer information or information transmitted over its network where necessary to protect AXSEN and others from harm, or where such disclosure is necessary to the proper operation of the system.

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Privacy Policy

Our customer's privacy is important to us.

Because we may gather certain types of information about our customers, we want our customers to understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather, how we use it, and how to correct or change it. AXSEN's policies and procedures for handling customer information have been created with the understanding that internet technologies are still evolving and that internet business methods are continuing to evolve to meet the needs and opportunities of the changing technologies. As a result, AXSEN's policies and procedures are subject to change.

In the course of serving its customers, AXSEN acquires, stores and transmits customer communications and information that customers may regard as private or sensitive. Some of this information - such as the customer's name, address, telephone number, and credit card data - is provided to AXSEN by its customers in order to establish service. Other information - such as the customer's account status, choice of services, and customer logs - is created and maintained by AXSEN in the normal course of providing service. AXSEN also uses cookies, which are small pieces of information that a website can store in a designated file on a user's computer for various reasons. In addition, AXSEN may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

Data Security

AXSEN will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of AXSEN, its employees and other customers of AXSEN's services. To protect the loss, misuse, and alteration of information that is collected from customers, AXSEN has appropriate physical, electronic, and managerial procedures in place.

How is customer information used?

AXSEN may use customer information to provide its customers with system information or information about new or upgraded products.

Opt Out & Modifications

Customers may opt out of receiving notices of new or upgraded products from AXSEN by following the instructions contained at the end of the notice. However, customers may not opt out of receiving information from AXSEN which is essential for maintaining or updating customers' accounts or system information.

If offered, customers may access and modify their personal information via their online personal control panel/account information page. Customers may access and modify their personal information by contacting the appropriate AXSEN department.

Domain name customers who have registered a domain name with AXSEN and wish to change the Technical Contact from AXSEN to another company, may send a request to domain@axsen.com. It is important to note that customer domain name registration information is made publicly available in the registry of domain names.

Disclosure of customer information and communications

AXSEN will not otherwise disclose its customers' personal and account information unless AXSEN has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of AXSEN, AXSEN's customers, or others, or where AXSEN has a good faith belief that the law requires such disclosure.

AXSEN also will not, except for reasons stated below, disclose to third parties the contents of any electronic mail or other electronic communications that AXSEN stores or transmits for its customers. The circumstances under which AXSEN will disclose such electronic customer communications are when:

  1. it is necessary in order to provide service to the customer;
  2. it is necessary to protect the legitimate interests of AXSEN and its customers;
  3. it is required to cooperate with interception orders, warrants, or other legal process that AXSEN determines in its sole discretion to be valid and enforceable; and
  4. it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by AXSEN and appear to pertain to the commission of a crime.

AXSEN disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. AXSEN will, however, review, delete or block access to communications that may harm AXSEN, its customers or third parties. The grounds on which AXSEN may take such action include, but are not limited to, actual or potential violations of AXSEN's Acceptable Use Policy.

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