Terms of Service (TOS)

Please read these terms of use carefully. If you disagree with these terms, do not create an account, access, or use Axtov’s services.

Introduction

1. Axtov, a registered trademark of Incubecom Limited (“Axtov,” “we,” “us,” or “our”), provides hosting, software, and support through https://control.Axtov.com and other associated websites, forums, communities, events, applications, services, software, and individuals (collectively, the “Services”). This agreement refers to “Client,” “you,” and “your” as individuals or organizations that purchase, use, or utilize the Services. Our Clients develop and manage Client Applications using our Services. This agreement defines End Users as third-party Client Application visitors.
2. Our Service Level Agreement (“SLA”), available at https://axtov.com/legal/, forms a legally binding agreement between Axtov and you. You warrant and agree that you can legally bind yourself or the person, organization, or group you represent to a contract.
3. We may change these Terms at any moment. We’ll change the date at the top if we change these Terms. You accept our changes by continuing to use our Services. Check these Terms often for changes.

Account

1. The Services require a Axtov account (the “User Account”). Hosting Client Applications requires a Service subscription (the “Hosting Account”). “Account” refers to a User Account and a Hosting Account. Authorized Hosting Account users may have different permissions. Only the Company Owner can terminate or transfer a Hosting Account. All Hosting Account users must register a User Account and agree to these Terms, regardless of access. You consent to receive Account- and service-related emails at your designated Email Address. You agree to check and amend your designated Email Address to receive Axtov emails. You also authorize Axtov to display Account and Service alerts in MyAxtov. If you don’t read Axtov’s emails, log in to My Axtov to receive notifications, and take action, Axtov’s Services may suffer. SLA does not cover this impact.
2. The Service’s minimum age is 13. (or any higher minimum age in your jurisdiction). If you’re at least 13 years old (or a higher minimum age in your location) but under 18, please examine these Terms with your parent or legal guardian (a “Minor”). The Account and Services, including purchases, are the Minor’s parent or legal guardian’s responsibility.
3. You may not use the Services or register for an Account if (a) you are located in, under the control of, or a national or resident of any country which has embargoed goods or services, including Iran, Syria, Cuba, North Korea, and Ukraine’s Crimea, Donetsk People’s Republic (DNR), or Luhansk People’s Republic (LNR); or (b) you are subject to economic or other sanctions.
4. You agree to (a) provide accurate, truthful, current, and complete information; (b) maintain and promptly update your Account information upon any changes; (c) safeguard your password and restrict access to your Account and Service plan; and (d) promptly notify Axtov of any security breaches or unauthorized access related to your Account.
5. Suppose the Company Owner or account owner is disputed. We reserve the right to investigate and determine Account ownership, including the legitimate Company Owner, using our best discretion.

Transactions

1. The Client agrees to pay Axtov’s discretionary fees (the “Fees”) immediately and with a valid payment method (e.g., credit card). Prepaid or postpaid services depend on your subscription.
2. You agree that (a) your prepaid Services will be automatically renewed monthly or annually and (b) subscription Fees will be prepaid at the start of the subscription period.
3. You agree that (a) subscription Fees will be postpaid and accrue and be paid once per month or when your use of the Services reaches a predetermined billing threshold, whichever occurs first, and (b) all postpaid Services will automatically renew until the subscription to each postpaid Service is terminated.
4. Your approved payment method will immediately be charged fees. To avoid future charges and renewals, discontinue your Services.
5. Axtov may cancel or suspend your hosting Account and related services if you fail to pay your Fees on time. Axtov may suspend or terminate Services for disputed charges or chargebacks.
6. Even if your third-party clients don’t pay you, you’re responsible for all Fees if you use the Services to create, construct, or manage Client Applications.
7. The listed fees do not include taxing authorities’ levies or duties (such as value-added, sales, goods and services tax, and so on). You agree to indemnify Axtov against any obligations, interest, penalties, or fees incurred due to your failure to pay such taxes.
8. Axtov may change its fees at any time with notice. If you disagree with a Fee modification, you may stop the Services without paying the new Fee, but you will not receive a refund.
9. If you received a promotional Fee, promotional credit, or free trial, Axtov will automatically renew your Services and charge your payment method the standard (non-promotional) Fee.

Client Content

1. Axtov may allow you and End Users to post, import, upload, store, share, send, display, or otherwise transmit text, data, information, code, software, domain names, materials, designs, photos, images, media files, logos, or other content to or through the Services to create, manage, and operate your Client Applications (collectively and collectively, the “Client Content”).
2. Axtov cannot prevent or resolve all security risks related to the Services or Client Content, including Malicious Activity (as defined below).
3. Axtov does not process or modify Client Content, which you own and control. You must notify and receive consent from all parties, including End Users, regarding Client Content.
4. Client content—including apps—is yours. You are solely responsible for the design and development of the Client Content; all necessary changes to the Client Content, such as changes to Client Applications’ appearance; all code development, creation, editing, writing, testing, auditing, modification, and optimization required or desirable for the Client Content’s operation; and optimizing the Client Content’s performance.
5. If you switch providers, you must migrate Client Content.
6. Axtov uses Client Content in several ways to provide Services. You grant Axtov a non-exclusive, transferable, sub-licensable, global, royalty-free license to access, use, copy, edit, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute Client Content for the limited purpose of delivering the Services.
7. You represent, warrant, and agree that Client Content will not (a) infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, confidentiality, moral, or privacy right, or any other proprietary or intellectual property right; (b) violate or promote the violation of any law; (c) be defamatory, fraudulent, false, misleading, or deceptive; or (d) constitute, consist of, or enable spam, phishing attempts, “chain letters,” “pyramid.”Axtov can determine if Client Content violates the Terms of Service.
8. Axtov does not verify, correct, or update Client Content. Axtov may edit, remove, or refuse to display Client Content that violates these Terms.

Features Requests

1. We welcome Client Content, questions, comments, recommendations, and ideas about Axtov and our Services (“Submissions”). You agree that Axtov owns any Submission you send via email or otherwise.
2. Axtov owns all intellectual property rights and can use and distribute Submissions and any changes, updates, or improvements we make to the Services based on them for any reason, commercial or otherwise. Axtov is not required to acknowledge or pay for Submissions.

Responsibilities

1. Be decent: Do not send Axtov or its Clients, End Users, employees, or representatives humiliating, harassing, harmful, abusive, derogatory, insulting, defamatory, false, misleading, or otherwise objectionable information.
2. Respect the laws: Our services must comply with all local, state, national, and international laws and data privacy laws. You may not use the Services on behalf of or for the benefit of any person or organization subject to embargoes, sanctions, or otherwise listed on any prohibited parties list.
3. You agree to collaborate with Axtov to comply with applicable laws concerning your use of the Services, including providing Axtov with helpful information.
4. You must provide telephone, computer, hardware, Internet, and other services to access the Services.
5. Misbehavior: While using the Services, you agree not to commit, attempt, or encourage Malicious Activity. Malicious activity includes any or all of the following: access or tamper with non-public areas of the Services; (ii) test the vulnerability of any Axtov system or breach any security or authentication measures; (iii) test the vulnerability of any Axtov system or breach any security or authentication measures; (iv) circumvent any security or authentication measures implemented by Axtov or any third party to protect the Services; (v) copy, modify, decompile, disassemble, reverse engineer,
6. Axtov and clients must quickly isolate, mitigate, and eradicate Malicious Activity.
7. If Axtov finds Malicious Activity occurred accidentally during a Client-performed website transfer, the Client can quickly remove it. Axtov will charge $100.00 using the Client’s default payment method if the Client fails to immediately stop the Malicious Activity (including auto payment).
8. Limitations. You will work with Axtov to measure resources accurately. Do not overstress the Services, CPUs, servers, or other resources.

1. Limit bandwidth and data transfer. We may restrict your access to the Services or move you to a metered plan if your bandwidth or data transfer usage exceeds that of similarly situated Customers.
2.  You agree not to exceed the data transmission, visit, or disk space limits of your Service plan. Our then-current charge applies to additional data transfers, visits, and disk space (https://axtov.com/knowledge/overages/). If you exceed your Service Plan’s data bandwidth, visits, or disk space, we may limit your Services use.
3.  If the Services degrade disk capacity by creating large system-generated or application-generated files (e.g., log files, backup files, and cache files). To maintain Service reliability, we may remove system/application-generated files and/or limit your use of the Services. You commit to working with us to ensure the Services do not degrade disk space resources.
4.  Use the Services only to provide open proxies for IRC, cryptocurrency mining, or other activities not promoted on our website.
5.  Avoid bandwidth-intensive actions like providing or transmitting video, audio, or downloaded digital goods on the Services (e.g., downloadable zip and pdf files). Client Applications that use these activities should use a third-party storage provider, a content delivery network (CDN), or alternative configurations to reduce Axtov’s bandwidth charges. Client Applications must be configured for these operations.

Property and Rights

1. Axtov owns all Services except Third-Party Services. Software, servers, artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including HTML), applications, audio, music, video, and other media, designs, animations, interfaces, documentation, derivatives, and versions thereof, the look, feel, and arrangement of the Services, methods, and product development are reserved.
2. Subject to these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Services solely for creating, managing, and operating your Client Applications. Except as permitted by these Terms by Axtov in writing, you may not rent, lease, license, sell, distribute, or otherwise transfer the Services to third parties. Axtov or its licensors do not give you any intellectual property rights except for the license and rights granted in this Section. You must stop using the services immediately and delete all copies of these terms, or the services will be terminated.
3. We may change or cancel any part of our Services without your notification or obligation.

Copyright

1. Axtov terminates repeat infringers of others’ copyrighted content at its discretion following the Digital Millennium Copyright Act (“DMCA”) and other laws. Axtov may also limit access to the Services and/or suspend the Accounts of any Clients we suspect of infringing third-party intellectual property rights, regardless of repeat offenses. The Axtov Copyright Agent can be notified if you believe the Services breach your copyright:
   
   Attn: Privacy and Data Protection Officer
   Axtov (Incubecom Ltd.)
   9/F, Amtel Building.
   148 Des Voeux. Central.
   Hong Kong.
   Contact: Send us a message
   Phone: +1 (669) 279-2226
   
   
2. Assume you purposefully misstate in your notification that the material or activity infringes. In that case, you will be liable for any damages incurred by us or the accused infringer due to our reliance on such misrepresentations in removing or blocking access to it.

Third-Party Services

1. Axtov does not control third-party content, promotions, websites, applications, software, services, and resources (collectively “Third-Party Services”). Third-Party Services are provided for your convenience, and we are not responsible for their products, services, or content. You agree that Axtov is not responsible for any Third-Party Services you use with the Services, and you assume all risk and responsibility for them.
2. When using Third-Party Services, you must read, understand, and follow the license, terms & conditions, and privacy policy. Axtov does not endorse Third-Party Services.

Termination

1. If you violate these Terms or any other policies, terms, or agreements occasionally, Axtov may immediately terminate this agreement and/or cancel or suspend your access to the Services and your Account. After termination or suspension, you cannot establish a new Account or use the Services without written approval.
2. Either party may terminate the Services and these Terms for convenience with 14 days written notice. The Client may cancel their Hosting Account using the my.Axtov.com application or by contacting Axtov’s customer care staff.
3. Any provision of these Terms that must survive termination, expiration, cessation, or suspension of these Terms or the Services to fulfill its intent shall do so.

Disclaimer

1. Axtov disclaims all warranties, express, implicit, statutory, or otherwise, including all implied warranties of merchantability, fitness for a specific purpose, title, and non-infringement, and all warranties derived from a course of business, usage, or trade practice.
2. Axtov does not promise that the services, goods, or results of using them will meet the Client’s or anyone else’s expectations, run without interruptions, achieve any goal, or be secure, accurate, complete, free of malicious activity, harmful code, or error-free.

Liability limitation

1. Axtov, its owners, employees, officers, directors, agents, contractors, affiliates, suppliers, or licensors, or any other party involved in creating, producing, or delivering the services, are not liable for indirect, incidental, special, exemplary, or consequential damages, including lost profits, loss of goodwill, service interruption, computer damage, system failure, loss, theft, or destruction of data or client content, or the cost of subs.
2. Axtov’s total liability for anything related to the agreement or the use or inability to use the services cannot be more than (a) the total amount of fees paid or owed to Axtov in the six months before the claim; or (b) $100, whichever is higher.

Indemnity

1. You agree to defend, indemnify, and hold harmless Axtov (and each of our owners, officers, directors, employees, agents, contractors, licensors, and affiliates) from and against any losses, costs, expenses, damages, injuries, and/or liability, including attorney’s fees.
2. We reserve the right to be in charge of any action or proceeding, including the choice of counsel, and to settle it on our terms. If this happens, you agree to help us claim any good defenses.

Dispute

1. Please read this section carefully, as it requires you to settle disagreements with Axtov through arbitration and limits how to get help.
2. We’ll resolve your difficulties without legal action. Please email [email protected] before filing a lawsuit against us. We will mediate the dispute and address your concerns. If a dispute is not resolved within 15 days of the Submission, you or Axtov may start a formal procedure.
3. You and Axtov agree to a private, single-arbitrator arbitration in Hong Kong.
4. Suppose this arbitration agreement does not succeed. You and Axtov agree that any legal action, including an arbitration judgment appeal, will be taken entirely in Hong Kong.
5. The agreement and any disputes will be governed by Hong Kong law, without respect to conflicts of law.
6. You waive your right to participate in a class action, class arbitration, or other representative action or process in court or arbitration.

Miscellaneous

1. The agreement supersedes any past understandings and agreements with its subject.
2. Axtov must approve any transfer or sale of Agreement rights or responsibilities. Axtov may assign its agreement rights without your consent. We do not lose any contractual right, authority, or privilege if we do not utilize it or use it late.
3. All agreement provisions remain legal and enforceable, even if one is invalid or unenforceable.