Website Terms of Use
Development Engagement Terms of Service
Hosting Terms of Service
Domain Name Terms of Service
Software Licensing Terms
Welcome to the www.aixen.com Website (the "Site"). Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms.
General
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site as needed.
Promotion
Any promotions described or posted on this Site shall be governed by the rules regulating such event.
Links To Other Websites And Services
This Site may contain links to outside services and resources, the availability and content of which www.aixen.com has no control nor does www.aixen.com have any responsibility for the linked websites thus, any link thereto, should be directed to the particular outside service or resource.
Disclaimer
Occasionally there may be information on www.aixen.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
www.aixen.com expressly disclaims any duty to update or revise the materials on this site, although www.aixen.com may modify the materials at any time without prior notice. By your use of this site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site. You further acknowledge that www.aixen.com shall not be liable for any damages or any kind related to your use of this site.
Indemnification
You agree to defend, indemnify and hold www.aixen.com harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
Miscellaneous
This Site and the Contents thereof are displayed solely for the purpose of promoting www.aixen.com's products and services available in the United States. This Site is controlled and operated by www.aixen.com from its office in Malibu, California.
Termination
This Agreement is effective unless and until terminated by either you or www.aixen.com. You may terminate this Agreement at any time. www.aixen.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in www.aixen.com 's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or www.aixen.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise.
• Client agrees not to solicit for employment, or retain for consulting services, any employee or agent of Aixen any time during or within one year of completion of the work or project set forth in this Agreement, without the prior written consent of Aixen.
• Client and Aixen have discussed the risks, rewards, and benefits of the project and Aixen's total fee for services. One of these risks stems from Aixen's potential for human error. The risks have been allocated such that Client agrees that, to the fullest extent permitted by law, Aixen's total liability to Client for any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this Agreement, from any cause or causes, shall not exceed the total amount of Aixen's fee for services rendered on the project. Such causes include, but are not limited to, Aixen's negligence, errors, omissions, strict liability, breach of contract, and breach of warranty.
• Client agrees to deliver all necessary assets, content, and most importantly, creative direction for the services contracted Aixen for within eight (8) weeks of the signing of this Agreement. Client understands that if Client is not able to deliver these items by this date, there may be additional fees incurred, and that Aixen may not be able to deliver/complete the services in the time frame originally committed to.
• Client further understands that during the course of the project Aixen may provide Client with drafts along with a request for approval or comment. If no response is received within 10 business days of the request, Client agrees that additional fees may apply. Client further agrees that Client will not unreasonably deny approval.
• Inasmuch as the redesign, and/or rehabilitation of existing websites requires that certain assumptions be made regarding existing conditions and because some of these assumptions cannot be verified without expending great sums of additional money, Client agrees that Client will hold harmless and indemnify Aixen from and against any and all claims, damages, awards, and costs of defense arising out of the professional services provided by Aixen under this Agreement. Aixen does not assume any liability for original design, nor the performance of the existing website .
• Client agrees to defend, indemnify and hold Aixen harmless from and against any right, claim, demand, or cause of action by any third party which arises out of the professional services provided by Aixen under this Agreement, and which claim or claims exceed the aggregate amount of Aixen's total fee for services rendered on the project.
• This Agreement may be terminated by either party upon fifteen (15) days' written notice. Aixen shall be paid for work performed until the effective date of termination. CLIENT'S INITIAL DEPOSIT ON THE PROJECT SHALL BE NON-REFUNDABLE.
• This budgets proposed are only quotes. It is possible that there will be unforeseen costs related to hardware, software, accessories, and/or time. Any additional needs for any of these items will be charged in addition to the estimated costs thereing.
• Written quotes are good for thirty (30) days from the authoring date as specified on the first page of the contract.
• All hourly rates quoted in contracts are subject to a seven percent (7%) rate increase effective January 1st of each year.
• A service charge of one and one-half percent (1.5%) per month is charged for all accounts outstanding beyond thirty (30) days. In addition, we reserve the right to suspend services under this Agreement until payment has been made in full for all amounts due. Payment shall not be contingent upon Client’s ability to collect from others. Client agrees to, and shall pay for, all our costs incurred in collecting outstanding invoices not paid as implied and as agreed to in this Agreement, including attorneys’ fees and costs.
Terms of Service for Aixen Solutions Web Hosting and Email Services.
Aixen.com is pleased to welcome invited guests to our Internet portal areas. However, please keep these Terms of Use guidelines below in mind as you navigate. Should you violate any of the guidelines, aixen.com reserves the right to terminate your web site. Should you participate in any spamming, spoofing, pornography, flame mail, or illegal activities, your web site will be immediately terminated. By accessing our services you agree to be bound to these terms and conditions. Should you have any questions regarding the information below, please feel free to contact us via e-mail or telephone.
1. Any individuals less than eighteen (18) years of age should be supervised by an adult while viewing content on this server. We do not intend to provide services or gather any information from persons under the age of 18. Adult flirtations with persons known to be underage are very strictly prohibited. It is our further desire that persons under the age of thirteen (13) refrain from visiting this site under the Children's Online Privacy Act of 1998.
2. While we do not intend to censor or regulate free speech, you as the owner of your web site are responsible for the content of your web site and e-mail. As stated above, we do however require that you refrain from spamming, spoofing, pornography, flame mail, and illegal activities. Web sites that advocate genocide, pornography, hate speech or hate crimes, bigotry, hacking, fraud, copyright violation, and criminal drug abuse are not welcome at aixen.com. Should any illegal activity be discovered by aixen.com, it will be immediately referred to the appropriate law enforcement authority.
3. Aixen.com has a no-tolerance policy related to spammers. Should you send an e-mail with more than fifty (50) recipients as a carbon copy (cc:) or blind carbon copy (bcc:), aixen.com may, in its sole discretion consider such e-mail to be spam for purposes of the within terms of use guidelines, regardless of the actual content of the e-mail. Non-commercial mailings shall be exempt from this rule, if the recipient of the e-mail opted to sign up for that list. You agree not to create or send commercial mailings using the aixen.com header or domain name. Aixen.com is able to provide domain registration and site hosting for commercial web sites upon request. Spam is defined as unsolicited e-mail or data that attempts to solicit money, services, advertises a web site, or bulk sales practice.
4. Aixen.com has a no-tolerance policy related to spoofers. Spoofing is causing domain names to be forwarded to a web site that has no relation to the domain name, often using the name of a famous person or title to fool people into entering a different site. Spoofing of domain names and mail headers is strictly forbidden by aixen.com, and will result in the immediate shut down of your web site. Aixen.com retains all rights to protect and defend its reputation against such unscrupulous practices. Additionally , if you hire a third party provider to use such spoofing methods to trick people into coming to your site on aixen.com, your web site will be subject to termination.
5. You agree not to place or post nude images of the human body on the aixen.com servers with the exception of photographs that are accompanied by a medical article written by a licensed physician. Outside of this medical exception nude images shall not be placed on the server for purposes of adult entertainment.
6. With regard to chat, message boards, and list servers, we ask that you refrain from obscene behavior and intense cursing.
7. Under no circumstances may an aixen.com password to be given to an unauthorized person as this has the potential of undermining the network security of other web sites on the aixen.com servers. It is your responsibility to protect the security of your passwords. Unauthorized misuse of passwords may result in suspension of service and/or termination of your account.
8. By using aixen.com services, you and aixen.com both agree the laws of the State of California will govern all matters relating to this site, without giving effect to any principles of conflicts of laws. You also consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California and the laws of the United States of America in all disputes arising out of or relating to the use of this site. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified, except in writing.
9. Service Guarantee – Aixen.com offers a 99% uptime guarantee on server related services. This means that aixen.com may experience up to 8 hours of downtime over the course of 30 days in the event of which aixen.com will not offer any compensation.
10. Payment Issues - With the exception of yearly subscriptions, all payments for services at aixen.com shall be made by credit card. Acceptance of checks creates accounting problems for us. In the event checks are accepted, they can only be accepted for once a year annual hosting payments, and or to resolve a back balance, or to redeem a suspended web site. Those checks must be drawn from an organizational or corporate account. Personal checks will not be accepted. Money orders or cashier’s checks are preferred in lieu of organizational checks. We reserve the right to impose a fee of $25.00 for any checks returned NSF.
We bill some accounts monthly and some quarterly and some yearly. It is your responsibility to notify us by mail or e-mail should you wish to terminate your services prior to the next billing date. Billing is automated and recurring according to the billing period mutually agreed upon until such time as a verified account termination order is received from the customer. Ten days notice is required and 30 days notice is preferred. In the event a refund is warranted, a pro-rated refund will be given on a case by case basis with the exception of cases involving customer misconduct.
If your account is more than fourteen (14) days past due, you will be assessed a $35.00 late payment processing fee, and aixen.com reserves the right to terminate all services previously engaged or contracted. If your account is more than one month past due, aixen.com will permanently delete all account services and information.
Terms of Service for Aixen Solutions Domain Name Registration Services.
1. Aixen will retain ownership of domain name until all oustanding invoices are paid.
2. Your domain name will be automatically renewed anually unless you provide a written cancellation notice 30 days prior to it's expiration date which will be 1 year from the renewal/original registration date.
3. If you choose cancel any services with Aixen, your domain name may not be released until all outstanding invoices are paid.
Software End User License Agreement
This End User License Agreement (hereinafter End User Agreement) is an agreement between you and Aixen, Inc (hereinafter Author). The End User Agreement applies to all commercially distributed versions and modifications of proprietary software (hereinafter Software), namely “RealSite™” – a proprietary ecommerce and content management software suite, and other API source code used for website functionality.
Software is a set of source code files (ColdFusion scripts and associated materials like SQL scripts, reference manual and the text of this End User Agreement) designed to implement a web-based software and reproduced either in files or on paper including soft and/or hard copies.
By purchasing the Software you acknowledge that you have read this End User Agreement, and that you agree to the content of the End User Agreement and its terms, and agree to use the Software in compliance with this End User Agreement.
The End User Agreement comes into legal force at the moment we receive a signed copy of this document.
The Author is a copyright holder of the Software. The Software or a portion of it is a copyrightable matter and is liable to protection by the law. Any activity that infringes terms of this End User Agreement violates copyright law and will be prosecuted according to the current law.
The Software is sold "AS IS" without warranties as to performance, merchantability, data integrity, and warranty of any kind, either expressed or implied. The Author is not liable for any damage or possible damage caused to you, your information and your business arising out of the use or inability to use this Software.
This End User Agreement gives you right to use one copy of the Software for this web-based application on one website hosted only on Aixen's servers. A separate License should be purchased for each new Software account, or web-based application. Any distribution of the Software without preliminary Author's consent, including noncommercial distribution is regarded as violation of this End User Agreement and entails liability, according to the current law.
You have the right to request any changes to be made to the source code as means of modifying the functionality of the Software. However, any changes to the source code may only be made by the Author.
The Author is not liable to you for prosecution arising from use of the Software against law (including, but not limited, selling prohibited products or products acquired as a result of criminal activity exasperating interracial or international antagonism through the online shop; and etc.).
The End User Agreement may be terminated in case you provide a 30 day written notice, and you are not under any other term agreements with Author. Termination of this End User Agreement does not obligate or otherwise bind the Author to return to you the funds spent for purchase of the Software.
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