TERMS OF SERVICE AGREEMENT

  1. Provision of Services. I understand and agree that, subject to the terms and conditions of this Agreement, Axion-IT shall provide me with certain web site hosting services, email, and support services. I understand and agree that I am fully responsible for the use of such services by me or by anyone whom I permit to use my services, and that Axion-IT reserves the right to terminate my services at any time, for any reason.

  2. Appropriate Use of Services. I agree to maintain all account passwords as private and confidential information. I agree to use my Axion-IT services in a way that conforms with all applicable laws and regulations. I specifically agree not to make any attempt to gain unauthorized access to any systems or networks. I agree that I will not use Axion-IT to publish, post, distribute or disseminate another's proprietary information, including trademarks or copyrighted information, without express authorization of the rights holder. I understand and agree that Axion-IT reserves the right to immediately remove (with or without terminating my services) from any web site I establish on Axion-IT's servers any material or information which infringes another's property rights.

  3. Payment Obligations.

    1. If I have elected to pay for my basic services through a monthly invoice mailed via the US Postal Service, I understand that Axion-IT's monthly billing cycle is based on calendar months. The basic service fee for each month, along with additional usage fees from the previous billing cycle and/or any late fees, will be charged at the beginning of the preceding calendar month and due at the beginning of each month for which services are to be provided.

    2. If I have given my credit card number to Axion-IT, I understand that charges will be billed to my credit card each month for my basic services, any additional usage fees, and any late fees. I authorize this automatic billing by Axion-IT. Axion-IT's monthly billing cycle is based on calendar months. The basic service fee for each month will be charged and due at the beginning of each month along with additional usage fees from the previous billing cycle and/or any late fees. I understand that I will receive an electronic copy of my invoice detailing charges and payments.

    3. I understand that all charges are considered valid unless disputed in writing within thirty days of invoice date. I understand and agree that Axion-IT shall not be responsible for any charges or expenses that I may incur resulting from overdrawing my bank account or exceeding my credit card limit as a result of an automatic charge generated by Axion-IT pursuant to this authority.

  4. Late Fees and Collection Charges. I understand that any balances past due for my services are subject to a 1.5 % late fee per month. If my payment check is returned unpaid, I am immediately subject to a returned check charge of $25.00. If my credit card payment is rejected, I am immediately subject to a non-payment charge of $25.00. I agree to pay Axion-IT all reasonable expenses, including attorney and collection agency fees, incurred in Axion-IT's efforts to collect payment for its services.

  5. Cancellation. I understand that unless I have signed a contract specifying a longer term, I may cancel my services at any time effective the end of that billing cycle. If I am not satisfied and wish to cancel my services within thirty days of the day Axion-IT activates my services, I may do so and receive a full refund of all money paid.

  6. Price Changes. I understand that Axion-IT may change its prices from time to time, and that I will be provided with 15 days written or electronic mail notice of any such changes. Price changes take effect at the beginning of the first billing cycle that starts 15 days after written or electronic mail notice has been sent. If I have a signed contract specifying a longer term of service, price changes will take effect at the beginning of the first billing cycle that starts after my contract term expires. Continued use of Axion-IT services once the new prices take effect constitutes acceptance of the new prices.

  7. Security. I understand that the information available through Axion-IT or interconnecting networks may not be accurate. I understand that some of the information available through Axion-IT or interconnecting networks may be intended for adult audiences. I understand that internetworking communications are not secure, and may be subject to interception or loss. Axion-IT makes no warranties of any kind, whether expressed, implied, or statutory concerning the data or information available through the Axion-IT network.

  8. Warranty Disclaimer. I understand that the use of Axion-IT services, and any data or information accessed, will be completely at my own risk. I understand that the cumulative liability of Axion-IT for any and all claims relating to the services provided by Axion-IT, in contract, tort, or otherwise, shall not exceed that total amount of the basic service fees paid to Axion-IT for services within the prior year. I agree that Axion-IT shall have no liability for any consequential, indirect, special or incidental damages regardless of the success or effectiveness of other remedies.

  9. Indemnification. I agree to defend, indemnify and hold Axion-IT and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from, any violation of this agreement by me or those who access the services through my account, or the use of the services or the Internet and the placement or transmission of any message, information, software, audio files or other materials on the Internet by me or by those who have access to the services through my account.

  10. Termination. I understand that Axion-IT reserves the right to terminate my services at any time, for any reason, including, but not limited to, my failure to abide by the terms of this agreement or my failure to pay any fees or charges when due. If my services are suspended, I may be required to pay reconnect charges and a prepaid deposit in order to re-activate my services. If my services include space on Axion-IT's servers, anything stored in this space will be deleted upon inactivation. I understand that violation of certain generally accepted guidelines on Internet usage, such as restrictions on mass e-mailings and mass advertising, or posting to inappropriate newsgroups, may cause severe operating difficulties for Axion-IT, and would be a likely cause for termination of my services. More detail of violations can be found in the Axion-IT Acceptable Use Policy. I agree to abide at all times by Axion-IT's then-current Acceptable Use Policy as made available on the Axion-IT web site and by any other policies posted on the Axion-IT web site.

  11. Law and Jurisdiction. I understand and agree that the laws of the State of Maryland govern these Terms of Service and my Axion-IT services. I expressly agree that exclusive jurisdiction for any claim or dispute with Axion-IT or relating in any way to my services or my use of Axion-IT resides in the courts of Maryland. I further agree and expressly consent to the exercise of personal jurisdiction in the courts of Maryland in connection with any such dispute, including any claim involving Axion-IT or its affiliates, subsidiaries, employees, contractors, officers, or directors.

  12. Complete Agreement & Amendments. In the absence of other signed written agreements, this agreement represents the complete agreement between Axion-IT and myself with respect to the subject matter of this Agreement, and supersedes any other oral agreement. I understand and agree that Axion-IT may amend or modify this agreement or impose new conditions at any time. Any use of Axion-IT's services shall be deemed to constitute acceptance by me of the then-current service agreement (including any amendments, modifications or new conditions) as published and made available via a link.

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