Terms Of Service
Terms of Service
Welcome to Axxess!
Axxess provides offshore communication and networking services that enable people to connect with each other, build communities, and grow businesses. These Terms govern your use of Axxess and other Axxess products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply.
The primary purpose of Axxess is to provide a community where individuals and businesses can communicate openly, without restrictions. Axxess will not censor or restrict speech, unless explicitly stated in these terms. We will not share information that directly identifies you (such as your name, email address or other contact information) with any person or agency, unless you give us specific permission. Additionally, Axxess employs encryption, where technically possible, to ensure your communications are safe.
Axxess does not sell or provide anything, except for communication services. Axxess does not endorse the speech from individuals or business that utilize our service. Axxess abides by the laws where we operate, which is not in the United States; however, there are laws and morals which Axxess will always adhere to, such as we believe child pornography is disgusting and explicitly illegal behavior, which is outlined below.
For the Axxess DMCA terms, please see the bottom of this Terms of Service Policy.
This is an agreement between Axxess, a company based somewhere in the world, which is the owner and operator of https://Axxess.one, and you, a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE, AND TO AXXESS’s PRIVACY AND REFUND POLICIES, WHICH CAN BE FOUND AT https://axxess.one/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
At its discretion, Axxess may permanently cancel accounts of users who violate the Terms of Service. Axxess reserves the right to view Private Groups ONLY for the purposes of fixing issues, to respond to complaints about Terms of Service violations, or when required to do so by law. Axxess will always try to work with clients prior to accessing their private communication groups. Axxess reserves the ongoing right to view Pages, Selective Groups, Open Groups, and any groups in the Axxess Open Group Directory to assess compliance with this Terms of Service. Axxess can remove any content or information you post at Axxess if we believe that it violates our Terms of Service.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason if we reasonably believe you have violated these Terms. However, these actions will be the exception to the rule. As previously stated, we at Axxess will always try to work with our customers before taking extreme actions.
Axxess reserves the right to ban Pages, Groups and users that do not comply with its Terms of Service as assessed in Axxess’s sole discretion and interpretation of its Terms of Service; and Users, Pages and Groups under investigation or which have been detected as sharing content in violation of these terms may have their visibility limited in various parts of Axxess, including search. Pages, Groups, and users may not be notified when any of this occurs. Banned Pages, Groups, and users may contact Axxess Customer Support to request more information. We reserve the right to respond or not respond to such requests. Please comply with the rules in Axxess’s Terms of Service.
While we have the right to monitor activity and content associated with Axxess, we are not obligated to do so. We do not guarantee the accuracy, integrity or quality of any content submitted by users. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, you understand that in the process of using Axxess, you may be exposed to content that you find offensive or objectionable in your communities. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted at Axxess or endorse any opinions expressed at Axxess. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Website.
Axxess may change the fees and/or benefits associated with premium features from time to time or may immediately suspend or terminate premium features for any or no reason and without advance notice or liability.
When you purchase a premium feature that is paid for by you through recurring payments, you agree that you are authorizing recurring payments, and that such payments and thereby subscription will be made by the method and at the recurring intervals you have agreed to, until the subscription is terminated by you or by Axxess. You may cancel a subscription at any time before the end of the current billing period and the cancellation will take effect on the next billing period.
If you break any of Axxess’s terms in the use of your Axxess account and/or in the use of its premium features and subscriptions, in addition to other actions we may take, we may cancel any or all of your premium features and subscriptions immediately and no refund will be granted for any payments you have made.
Axxess may use the services of established 3rd party vendors for all payments and payment information. Axxess stores no payment information on its servers and is not liable for any breach of payment information or loss that occurs with the payment vendor.
Due to storage limitations and expenses, Axxess reserves the right to close and delete any user account that has not been logged in for a period of 3 months or more. Axxess reserves the right notify, or not notify any such user whose accounts it intends to delete. If we choose to notify a user, the notification will occur using the email address provided by the user during registration. Stay active.
Axxess reserves the right to transfer ownership and administration of or terminate an Open Group or Page that has been abandoned by the Page or Group owner and its appointed Page or Group administrators. A Page or Open Group is considered abandoned if the Page or Group owner and Page or Group administrators do not log into Axxess for at least 3 months or do not post to the Page or Group for at least 3 months. Once the transfer of a Page or Group ownership and administration is affected by Axxess, it may be transferred subsequently at any time by Axxess.
Who Our Services Are For?
User Content Ownership
Materials, including but not limited to text, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by users of Axxess (“User Submissions”) are owned by the party contributing such content. As a user of Axxess, you are solely responsible for your own submissions. By transmitting your submissions or otherwise through or using Axxess you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use. You promise that your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
Axxess is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information posted or transmitted through Axxess is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of users or the accuracy of any data that users may provide any other users with whom you interact in the course of using Axxess.
You are responsible for safeguarding the password that you use to access Axxess and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. Axxess cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Misuse of Usernames, Page names, Group names
Selling usernames, Page names, Group names: You may not buy or sell Axxess usernames, Page names or Group names.
Username, Page name, Group name squatting: You may not engage in username, Page name, or Group name squatting. Some of the factors we take into consideration when determining whether conduct is username, Page name, or Group name squatting include:
- the number of accounts created;
- the creation of accounts for the purpose of preventing others from using those account names;
- the creation of accounts for the purpose of selling those accounts; and
- the use of third-party content feeds to update and maintain accounts under the names of those third parties.
You may not register or create fake and misleading accounts. While you may use Axxess pseudonymously or as a parody, commentary, or fan account, you may not use misleading account information in order to engage in spamming, abusive, or disruptive behavior, including attempts to manipulate the conversations on Axxess. Some of the factors that we may consider when determining whether an account is fake include:
- Use of stock or stolen avatar photos
- Use of stolen or copied profile bios
- Use of intentionally misleading profile information
More on Spam
You may not use Axxess’s services for the purpose of spamming anyone. Spam is generally defined on Axxess as bulk or aggressive activity that attempts to manipulate or disrupt Axxess or the experience of users on Axxess to drive traffic or attention to unrelated accounts, products, services, or initiatives. Some of the factors that we consider when determining what conduct is considered to be spamming include:
- if you have made large number of group or user contact requests, or followed and/or unfollowed many user accounts or Pages, in a short time period;
- if your posts or comments consist mainly of links and/or are shared without commentary;
- if a large number of people have blocked you in response to high volumes of untargeted, unsolicited, or duplicative content or engagements from your account;
- if a large number of spam complaints have been filed against you;
- if you post duplicative or substantially similar content, replies, comments to multiple Pages, Groups, or users; or create duplicate or substantially similar accounts;
- if you post multiple updates to a Page, Group, user or topic with an intent to subvert or manipulate the topic to drive traffic or attention to unrelated accounts, products, services, or initiatives;
- if you send large numbers of unsolicited posts, comments, replies or mentions;
- if you add users to lists in a bulk or aggressive manner;
- if you are randomly or aggressively engaging with Pages, Groups, or users to drive traffic or attention to unrelated accounts, products, services, or initiatives;
- if you repeatedly post other people’s account information as your own (e.g., bio, posts, comments, profile, user URL, etc.);
- if you post misleading, deceptive, or malicious links (e.g., affiliate links, links to malware/clickjacking pages, etc.); Accounts created to replace, or mimic suspended accounts may be permanently suspended.
- We may also remove accounts which Axxess at its discretion attributes to entities known to violate the Axxess Terms of Service.
Our Commitment To Data Security
Axxess uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Axxess and you do so at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the Axxess Service is never recommended. Once we receive your transmission of information, Axxess makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If Axxess learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Axxess may post a notice on the Axxess Site or through the Axxess Service if a security breach occurs.
Axxess Content Data
When you use our Services, we process any data you explicitly enter into the site (your “Content Data”), including your full name, email address, profile information, posts, comments, photos, voice recordings, videos, files, emojis, etc. Axxess uses your Content Data for the sole purpose of serving and providing you with the full experience of Axxess. Axxess provides methods to wipe the data or export data to you at your request.
Deleting Your Account – Right to Erasure
At all times you have an easy way to opt out of our service and delete your account as well as ALL of your Content Data, if you do not wish to continue using our services. You may contact Axxess at any time and request a complete deletion of your account and data. When you request a deletion of your account and data, Axxess will delete your entire account and close it.
Additional Policies for Pages, Groups, and Events
- Misleading or False Pages, Groups, or Events
Pages, Groups, and Events must not be misleading, fraudulent, or deceptive.
Pages, Groups, and Events must not impersonate or falsely represent a brand, entity, or public figure. Where a Page, Group, or Event is being used to express support for or interest in a brand, entity, or public figure, it must make clear in the name or description that it is not an official representation.
Pages, Groups, and Events must not facilitate or promote online gambling, online real money, games of skill, or online lotteries without our prior written permission.
- Inaccurately Tagged Content
Pages, Groups, and Events must not inaccurately tag content or encourage users to inaccurately tag content.
Pages, Groups, and Events must not incentivize people to misuse Axxess features or functionality.
Guidelines for Law Enforcement Seeking Customer Data (Worldwide)
Like all service providers, Axxess is legally required to turn over customer data that it hosts when it receives valid legal process from a law enforcement authority with jurisdiction. The following guidelines apply to all customer data hosted by Axxess.
- Service of Legal Process
Preservation requests, subpoenas, or search warrants from law enforcement or civil investigative agencies with appropriate jurisdiction, seeking data regarding Axxess’s customers may be mailed to the address below. Civil subpoenas require personal service and will not be accepted via or email.
- Valid Legal Process is Required Before Disclosure
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Axxess and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Axxess name or any of the Axxess trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Axxess, or the Services is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless Axxess, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Axxess; ii) unauthorized access to or alteration of your communications with or through Axxess, or iii) any other matter relating to Axxess. Any business transactions which may arise between users from their use of Axxess are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will our total cumulative liability exceed US $10.00.
Ownership in and To The Site and Services
Other than User Content (which we do not own and claim no ownership of), we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Axxess Content”); and (b) Axxess trademarks, logos, and brand elements (“Marks”). The Site and Services, Axxess Content, and Marks are all protected under U.S. and international laws. Axxess, the Axxess logo, and other Axxess logos and names are trademarks of Axxess. You agree not to display or use these trademarks in any manner without our prior written permission.
You may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application. Axxess may terminate your Account and your access to the Service (or, at the Axxess’s sole option, applicable portions of the Service) at any time and for any reason. Axxess is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and Axxess is under no obligation to compensate you for any such loss.
DISCLAIMER OF WARRANTY
THE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE AXXESS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL AXXESS, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AXXESS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. AXXESS SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, AXXESS’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
We are not a US Company, and we simply despise arbitrary laws which provides almost no recourse for an accused offender. With that said, we will try to accommodate your requests. Please read on.
Axxess does not own, promote, solicit, endorse, sell, or otherwise provide content which would violate any individual or corporate intellectual property rights. Axxess does not provide methods to circumvent any technological measures that are used by owners of intellectual property in connection with the exercise of their rights. Axxess in no way induces, enables, facilitates or conceals an infringement of an owner’s intellectual property or rights therein. Axxess does not remove or alter any electronic rights management information without authority. Axxess does not knowingly or willingly distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.
Even though Axxess does not fall under DMCA, if it did, Axxess would fall under the Digital Millennium Copyright Act, Section 512(k), as a Service Provider. As stated in Section 512(k), service providers are not placed in the position of choosing between limitations on liability on the one hand and preserving the privacy of their subscribers, on the other. Subsection (m) explicitly states that nothing in section 512 requires a service provider to monitor its service or access material in violation of law (such as the Electronic Communications Privacy Act) in order to be eligible for any of the liability limitations
However, as Axxess seeks the benefit of the limitations on liability in Title II as a qualified Service Provider (transitory communications), Axxess is defined (as in section 512(k)(1)(A)) as “an entity offering the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user’s choosing, without modification to the content of the material as sent or received.”
In addition, Axxess maintains eligibility on all of the provided limitations as a service provider by meeting: (1) the adoption and reasonable implementation of policies of terminating, in appropriate circumstances, the accounts of subscribers who are repeat infringers; and (2) the accommodation and non-interference with “standard technical measures.” (Section 512(i)). “Standard technical measures” are defined as measures that copyright owners use to identify or protect copyrighted works, that have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair and voluntary multi-industry process, are available to anyone on The Digital Millennium Copyright Act of 1998 Copyright Office Summary December 1998 Page 10 reasonable non-discriminatory terms, and do not impose substantial costs or burdens on service providers.
Axxess merely acts as a data conduit, transmitting digital information from one point on a network to another at someone else’s request. This limitation covers acts of transmission, routing, or providing connections for the information, as well as the intermediate and transient copies that are made automatically in the operation of a network. Axxess qualifies for this limitation as Axxess’s activities: 1) Transmissions on Axxess are initiated by a person other than the provider. 2) Transmissions, routing, provision of connections, or copying on Axxess must be carried out by an automatic technical process without selection of material by the service provider. 3) Axxess does not determine the recipients of the material. 4) Any intermediate copies of material on Axxess are not ordinarily accessible to anyone other than anticipated recipients and are not retained for longer than reasonably necessary. 4) The material on Axxess is transmitted with no modification to its content.
Axxess is eligible for the limitation on liability as it does not have actual knowledge of what is occurring in closed groups or private messages; therefore, Axxess does not have knowledge of any infringement, is not aware of facts or circumstances from which infringing activity is apparent, and upon gaining such knowledge or awareness, Axxess will respond expeditiously to take the material down or block access to it. Axxess will not take down groups or suspend individuals for merely speaking or holding conversations.
Copyright Complaints. Axxess absolutely respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Axxess of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at email@example.com (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
We will review each request. We have the right to not take action as we are not an American Company, nor are our servers on US soil. However, If you knowingly submit a notice of infringement that materially misrepresents that any content, information, or communication on Axxess Servers or Axxess Provided Services is infringing upon a copyright, Axxess will take action against you to the fullest extent of the law of the Country in which our servers are located. You may be held liable for damages and attorneys’ fees.
Counter-Notice. If you believe that Your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in Your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Axxess will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy. In accordance with applicable intellectual property laws , Axxess has adopted a policy of terminating, in appropriate circumstances and at the Company’s sole discretion, users who are deemed to be repeat infringers. Axxess may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Under no circumstances will Axxess be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Axxess to enforce any right or provision of these Terms will not prevent Axxess from enforcing such right or provision in the future.
Axxess reserves the right, in our sole discretion to modify these Terms, effective upon the date a revised Terms of Service is posted on the Site with notice to you, the User, of such modification. Your continued use of the Service constitutes your binding acceptance of the terms and conditions of this Agreement, as they are amended, revised and posted on the Site periodically. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Effective: October 10th, 2019