THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING THE TERMS AND CONDITIONS.
IMPORTANT - A X Web Hosting , LLC IS A SOFTWARE DEVELOPMENT, SOFTWARE SOLUTION AND ONLINE TECH SUPPORT COMPANY. THIS AGREEMENT WILL BE BETWEEN A X Web Hosting , LLC AND YOU THE SUBSCRIBER. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE APPLYING FOR, ACCEPTING, USING, OR SUBSCRIBING TO THE A X Web Hosting , LLC SERVICES. BY USING, APPLYING FOR, OR PURCHASING THE SERVICES OR BY ACCEPTING THIS AGREEMENT BY CLICKING ON "I ACCEPT" BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, THAT YOU AGREE TO AND ACCEPT THE TERMS AS PRESENTED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT APPLY FOR, ACCEPT, USE, OR PURCHASE THE SERVICES AND CLICK "DECLINE" BELOW. THE SERVICES ARE FOR A LIMITED TIME ONLY. FAILURE TO USE THE SERVICES WITHIN THE SUBSCRIPTION PERIOD SHALL NOT BE GROUNDS FOR A REFUND OF ANY FEES PAID..
The terms and conditions set forth below (the "Agreement") constitute a binding agreement between you (the "Subscriber" or "you") and A X Web Hosting , LLC (A X Web Hosting , LLC) with respect to your use or purchase of the Services. To receive the Services, you must agree to these terms and conditions. You also agree that any failure to abide by them shall void any and all obligations of A X Web Hosting , LLC hereunder.
"A X Web Hosting , LLC Web site" means the A X Web Hosting , LLC web site that is offering the Services to Subscriber. The A X Web Hosting , LLC Web site will contain pricing information and other details about the Services being offered. Services may not be available separately and all Services may not be available at all times.
"Malware" means any files or programs identified by A X Web Hosting , LLC, in its sole and absolute discretion, as being harmful or dangerous to standard PC operation. "Services" means A X Web Hosting , LLC's Support Services, which are A X Web Hosting , LLC's chat and phone based computer optimization and cleaning services as set forth on the A X Web Hosting , LLC web site. The Services include virus diagnosis, virus removal, PC tune-up, Internet login protection, email account setup, software installation, printed setup, printer support, and general computer trouble shooting services. The scope of the services is subject to change without notice, and A X Web Hosting , LLC may discontinue or modify the Services in its sole discretion.
"Software" means any software used by A X Web Hosting , LLC in connection with the Services.
"Subscription Period" means the time period that Subscriber is eligible to receive the Services. The Subscription Period shall commence on that date the Services are subscribed to and shall terminate after one year or the period specified in the chosen package.
The Services are provided only via phone, Internet chat and remote desktop sharing. Services are provided upon Subscriber's contacting A X Web Hosting , LLC support personnel as explained on the A X Web Hosting , LLC Web site. Subscriber authorizes A X Web Hosting , LLC to configure its computers and delete the files that A X Web Hosting , LLC deems unnecessary to a computer's operation. Subscriber gives A X Web Hosting , LLC express permission to alter the registry of any computer receiving the Services as needed to provide the Services. The Services may require additional software. Subscriber gives A X Web Hosting , LLC express permission to install, configure, and use such software on Subscriber's computers.
To provide the Services, A X Web Hosting , LLC must access a computer receiving the Services over the Internet. Subscriber must assist A X Web Hosting , LLC in any manner necessary to diagnose the computer and provide the Services. Failure to fully cooperate with the A X Web Hosting , LLC representative shall be considered a breach of this Agreement. All instructions and steps taken in providing the Services shall be left to the A X Web Hosting , LLC representative's sole discretion. Subscriber warrants that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, Subscriber must have administrator rights to the computer, have a back-up of all data on the computer, and provide A X Web Hosting , LLC with correct and accurate information.
The Services are subject to change without notice. The Services do not cover hardware repair services, lost or expected profits,. A X Web Hosting , LLC does not guarantee against the loss of any file, information, or data. Subscriber is solely responsible for backing up and safely storing its data, information, and files. A X Web Hosting , LLC does not guarantee that it will recover lost or corrupted data, lost or deleted work, or lost or damaged personal files.
The Services are provided only over Internet chat, and access to the Internet is required to receive such Services. A Broadband Internet connection must be in place in order for A X Web Hosting , LLC to deliver their services. Subscriber is solely responsible for providing a broadband Internet connection and access to its computers. Any interruption or disconnection to the Internet may limit Subscriber's ability to receive the Services. A X Web Hosting , LLC makes no representations or warranties regarding the availability or quality of the Services or that the Services will be performed in a timely manner. Subscriber authorizes A X Web Hosting , LLC to accept, download, install, and use Software and third party software on its behalf.
5.2. Quality of Services:
All Services shall be provided using commercially reasonable efforts. A X Web Hosting , LLC makes no representations or warranties that commercially reasonable efforts will restore the computer to a working state, remove any viruses or problems, that all computer operations will be fully functional, or that the Services will increase or modify the speed or efficiency of the computer.
6.Limitations to Services
The scope and extent of the Services shall be limited to the options selected by the Subscriber when registering for the Services. The scope of performance of the Services shall be provided in any manner A X Web Hosting , LLC sees fit. A X Web Hosting , LLC does not guarantee that any of the Services will be available or offered in all cases. A X Web Hosting , LLC makes no representations or warranties regarding the availability or the provisioning of the Services.
A X Web Hosting , LLC occasionally offers special promotions for the Services, including a free thirty-day trial period. If Subscriber registers for a special promotion, A X Web Hosting , LLC may still gather payment information from Subscriber. Generally, credit card information is required in order to access the free trial. However, no charges shall be made to the credit card until the trial period has ended. At the end of the trial period, Subscriber will automatically be billed for the Services to which it has subscribed during the free trial sign-up unless A X Web Hosting , LLC is notified by email through the email address provided during the registration for the Services of Subscriber's cancellation of the Services. Annual subscriptions shall expire one-year from the end if the trial period. A X Web Hosting , LLC shall not be obligated to provide further notice to Subscriber of a trial period's expiration or before the Subscriber's credit card is billed for the Services. Subscriber is solely responsible for ensuring that it unsubscribes from any unwanted Services prior the end of the trial period. No refunds shall be given for a failure to cancel the Services. Free trials and other promotional offers are limited to one per Subscriber. A X Web Hosting , LLC reserves the right to deny or revoke a free trial at any time for any reason.
8.Term and Termination
Single-use Services shall expire once the session with the A X Web Hosting , LLC representative terminates. For subscription-based Services, this Agreement shall be effective from the date of registration and will automatically renew at the end of the originally purchased plan’s tenure. In addition, A X Web Hosting , LLC may cancel the Services at any time if A X Web Hosting , LLC, in its discretion, determines that Subscriber's use of the Services is excessive, inconsistent with the scope of the Services, abusive, or inappropriate.
Notice of the natural expiration of this Agreement may not be provided, and A X Web Hosting , LLC is not liable for any damages that may result from expiration or termination of the Agreement. Subscriber may purchase additional subscriptions to the Services through the A X Web Hosting , LLC web site. Any breach of this Agreement shall immediately terminate Subscriber's subscription to the Services and/or may limit Subscriber's access to the Services. No refunds shall be provided upon termination of the Agreement.
Subscriber shall pay A X Web Hosting , LLC the amount set forth on the A X Web Hosting , LLC web site for the Services. The amount must be paid in full to receive the Services.
10. Renewal Policy
You agree and acknowledge that a Subscription under the Recurring Payment Plan will automatically renew at the end of the originally purchased plan’s tenure, unless notified otherwise by You ("Auto Renewal"). Your credit card, which was used in paying for the original Plan will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registration. If you would like to opt out of the Auto Renewal, please call us at 1-888-924-9309 and speak with one of our representatives or write to us at support@A X Web Hosting.com.com
A X Web Hosting , LLC support representative may need to download, run, or use software on the Subscriber's computer to assist in diagnosing and resolving computer problems. Such software may include toolbars, utilities, and other tools that allow A X Web Hosting , LLC to improve computer performance and solve technical problems (collectively, the Diagnostic Software"). The use of all Diagnostic Software is subject to the license agreements and terms and conditions associated with the Diagnostic Software. Subscriber shall be bound by all such license agreements.
A X Web Hosting , LLC may monitor and record all customer touch points such as incoming or outgoing calls, online remote support sessions, chat transcripts and email conversations. These recordings are primarily for improving customer service, internal training, and internal market research. A X Web Hosting , LLC may disclose these recordings and any other information to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or A X Web Hosting , LLC' customers.
ANY SOFTWARE IS PROVIDED TO SUBSCRIBER "AS IS" BY A X Web Hosting , LLC, AND ANY USE OF PROVIDED SOFTWARE IS AT SUBSCRBER'S OWN RISK. THE SOFTWARE MAY CONTAIN BUGS, ERRORS, AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS. A X Web Hosting , LLC DOES NOT WARRANT THE PERFORMANCE OF ANY SOFTWARE AND DOES NOT WARRANT THAT ANY SOFTWARE WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION ACCOMPANYING THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, A X Web Hosting , LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, AND NON-INFRINGEMENT. A X Web Hosting , LLC DOES NOT WARRANT THAT THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS SUBSCRIBER MAY HAVE OR THAT THE SERVICE WILL BE PROVIDED IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY.
13. Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED HEREIN, A X Web Hosting , LLC AND ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNATIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM (A) THE USE OF THE SERVICES, (B) ANY MALWARE PRESENT ON A COMPUTER, (C) ANY DELAY OR INABILITY TO USE OR CLAIM THE SERVICES, (D) ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES, OR (E) UNAUTHORIZED THIRD PARTY ACCESS TO A COMPUTER. A X Web Hosting , LLC IS NOT LIABLE FOR ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. THESE LIMITATIONS APPLY WHETHER SUCH CLAIM IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE AND APPLY EVEN IF A X Web Hosting , LLC, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL A X Web Hosting , LLC' ACCEPT TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES EXCEED THE FEES PAID BY SUBSCRIBER TO A X Web Hosting , LLC FOR THE SERVICES.
14. Unlimited Support and Fair Usage Policy
Subscribers are entitled to “unlimited support” during the subscription period. The unlimited plan provides you with a toll-free number and an unlimited number of support sessions during the entire subscription period, subject to certain restrictions. Your use of the Services is subject to reasonable use limitations. Reasonable use means that your use of the Service does not materially impair A X Web Hosting , LLC’ ability to provide the Service to other customers. If your use of the Service exceeds four times the average monthly usage of all other A X Web Hosting , LLC’ unlimited plans, it is presumed that you have violated our Fair Usage policy. Support sessions are limited to technical support queries only, however A X Web Hosting , LLC support agents may at their sole discretion decide to offer assistance relating to application usage "how to support" type queries.
All Subscribers' use of the support services are subject to A X Web Hosting , LLC "fair use" policy. Under this policy, if at any time, at the sole discretion of A X Web Hosting , LLC, a subscriber is found to be abusing the service by exceeding the level of use reasonably expected from a Subscription based Plan, then A X Web Hosting , LLC reserves the right to suspend or terminate Subscriber's Subscription Services or immediately convert your unlimited plan to a per incident plan and charge you accordingly. In addition, A X Web Hosting , LLC reserves the right to suspend or terminate any Subscriber that A X Web Hosting , LLC, in its sole discretion, determines is being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to A X Web Hosting , LLC; provided, however, that User will not be entitled to a refund of any fees prepaid for the Service.
15. Force Majeure
A X Web Hosting , LLC is not responsible for any cessation, interruption or delay in the operation of the Services or the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of a party. A X Web Hosting , LLC is not liable for any failure or delay caused by problems with Internet connections.
16.Governing Law; Venue
Subscriber and A X Web Hosting , LLC agree that any disputes related to this Agreement shall be governed in all respects by and construed in accordance with the then current laws. Any actions arising out of or based, in whole or in part, on this Agreement shall be brought in the courts designated at the time of the dispute.
17. Entire Agreement
This Agreement shall constitute the entire Agreement between the parties. Any waiver of this Agreement shall only be effective if it is in writing and signed by both parties. A X Web Hosting , LLC may change, modify, amend, suspend or discontinue any aspect of the Services in its sole discretion, including pricing, scope of the Services, its web site, and the Services available in any subscription plan. Such changes will be made without notice or liability to Subscriber or to any third party. A X Web Hosting , LLC may impose limits on certain features of the Services at any time. A X Web Hosting , LLC may amend this Agreement at any time by posting a copy of the amended Agreement on the A X Web Hosting , LLC web site. Such amendments may be made in A X Web Hosting , LLC's sole discretion and are binding when posted. Subscriber must review the Agreement periodically to obtain notice of any changes. Continued use of the Services constitutes acceptance of any changes. Section headings are for convenience only and shall not be considered in the interpretation of this Agreement.
A X Web Hosting , LLC is not bound by any representation of (i) any agent, representative or employee of any third party; or in (ii) information posted on the A X Web Hosting , LLC web site of a general informational nature.
Subscriber will make all notices, demands or requests with respect to this Agreement in writing to A X Web Hosting , LLC, 520 Blue Haze Dr. Fort Worth, TX 76108. Notices to Subscriber shall be made by posting such notice on the A X Web Hosting , LLC web site. Subscriber agrees to regularly check the A X Web Hosting , LLC web site to be aware of all such notices.
Provisions regarding proprietary rights, indemnity, warranty disclaimers, and limitation on actions shall survive this Agreement.
20. Limitation on Actions
Neither party may bring any action, regardless of form, arising out of nor relating to this Agreement more than three (3) months after the cause of action has accrued.
Subscriber is entitled to use the subscription for personal usage, but not entitled to sell the subscription to other parties in any way, nor to rent, lease or transfer the rights or obligations under this Agreement without first obtaining A X Web Hosting , LLC's written consent. Subscription is transferable from the registered device to another device, maximum of one(1) time per year. Each additional transfer will cost an extra fee. Any attempt to assign or transfer the rights and interests granted herein shall render the Agreement voidable in A X Web Hosting , LLC's discretion. A X Web Hosting , LLC may assign and transfer its obligations under this Agreement as it sees fit.
BY CLICKING "I ACCEPT" BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ASSOCIATED WITH THE SERVICES. DO NOT CLICK THE "I ACCEPT" BUTTON IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.