IMPORTANT NOTICE – PLEASE READ CAREFULLY. THESE TERMS & CONDITIONS (“AGREEMENT”) GOVERN YOUR USE OF THE WEBSITE, PRODUCTS AND SERVICES OF Moxion.io (“MX.IO”). BY ACCESSING AND USING THE MX.IO WEBSITE, PRODUCTS OR SERVICES YOU ACCEPT THIS AGREEMENT AND YOU ARE AGREEING TO COMPLY WITH THE TERMS OF THIS AGREEMENT.

This Agreement governs your (and your users) use of the MX.IO website, services, products and related software and toolset, all of which are presently marketed under the name Moxion.io. Hereinafter all references to “you” include your users. This Agreement takes effect when you log-in to, and use any part of, Moxion.io. You represent to MX.IO that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. This Agreement may be revised from time to time. You are responsible for monitoring this website for changes. Your use of Moxion.io after changes to this Agreement are posted on MX.IO’s website will constitute your acceptance of any new or additional terms of this Agreement that result from those changes.

LICENSE – LIMITATIONS. Subject to the terms of this Agreement, MX.IO grants you a limited, non-exclusive, non-transferable, non-sublicenseable right and license to access and use Moxion.io solely for the purposes MX.IO markets Moxion.io, such as, content logging, content finishing, and content packaging of audio/visual content that is owned or licensed by you. Moxion.io (including its related technology and software) is protected by copyright laws and international copyright treaties, applicable patent laws, as well as other intellectual property laws and treaties. Under this Agreement, Moxion.io is not sold, and instead is only licensed for use, strictly in accordance with this Agreement. Your use of Moxion.io shall be restricted to the executable, object code only. This license does not grant you the right to modify, improve, interpret, compile, recompile, and/or create derivative works. You shall not attempt to reverse engineer, compile, decompile, or otherwise derive the source code for Moxion.io. You shall not publish or disclose any performance or benchmark tests or analysis relating to Moxion.io. Additionally, you shall not allow any other third party to access or use Moxion.io, including but not limited to use in any application service provider or software as service environment or service bureau or time-sharing arrangements. You shall take reasonable steps to ensure that Moxion.io, or any portion thereof, is not made available to or accessed by any third party unrelated to you or your internal business purposes. You agree to comply with MX.IO’s Acceptable Use Policy, as well as all laws, rules and regulations applicable to your use of Moxion.io. This license does not give you the right to download or install any MX.IO software; you are provided a license only to access and use Moxion.io via the Internet.

TITLE – RESERVATION OF RIGHTS. All title and copyrights in and to Moxion.io (including but not limited to any images, photographs, animation, video, audio, music, text and “applets,” incorporated into Moxion.io), the accompanying printed materials are owned or licensed by MX.IO or its affiliates or suppliers. All rights to Moxion.io not specifically granted under this Agreement are reserved by MX.IO. You have no rights in or to Moxion.io other than the right to use it in accordance with the terms of this Agreement. You agree to endeavour to take all necessary steps to protect Moxion.io from infringement and promptly notify MX.IO in writing of any infringement, and cooperate with MX.IO in the handling of such infringement, challenge or claim.

MODIFICATIONS TO Moxion.io. MX.IO may, from time to time, change, modify, remove features or functionality, or otherwise discontinue Moxion.io or any part of it, including any related APIs. MX.IO may, but is not obligated to, notify you of any material changes to or discontinuation of the service. In the event an API is changed, MX.IO will attempt, but is not obligated, to continue to support the previous version for three months after the change.

YOUR CONTENT. Your content includes any audio/visual content, data, information, files and folders uploaded, submitted and/or stored to Moxion.io by you. You represent and warrant to MX.IO that you own, or have rights to use, your content and that your content does not violate MX.IO’s Acceptable Use Policy, which sets forth content and data usage MX.IO deems prohibited. Although MX.IO will not have access to your content in the normal course of providing its services through Moxion.io, you grant MX.IO a limited, revocable, worldwide, non-exclusive, royalty-free license to your content solely to enable MX.IO to provide you services with Moxion.io. All rights to your content not specifically granted under this Agreement are reserved by you. If MX.IO reasonably believes that such content (i) violates law or MX.IO’s Acceptable Use Policy, (ii) infringes on the rights of any third party, or (iii) or your use of Moxion.io is in an adverse manner that affects MX.IO’s network or other customers, MX.IO may request that you remove such content. In addition, MX.IO may, in its sole discretion, remove such content, disable your access to such content or to Moxion.io, or terminate this Agreement. You are solely responsible for the content you upload to Moxion.io or otherwise furnish to MX.IO. To ensure against loss or damage of such content, you shall retain duplicates of such content and shall routinely backup and archive your content. MX.IO assumes that you have insured the content sufficiently against damage or destruction. MX.IO is not responsible for any unauthorised access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of, your content. You are responsible for properly configuring and using Moxion.io and taking your own steps to maintain appropriate security, protection and backup of your content, including using encryption technology to protect your content from unauthorised access and routinely archiving your content. MX.IO is not responsible for any unauthorised access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of, your content or other data that you may submit or uses in connection with your account or Moxion.io (including as a result of your errors, acts or omissions).

YOUR ACCOUNT. Upon purchasing access to Moxion.io you will be assigned an “Owner Account” to manage the billing and administrative aspects of your usage of Moxion.io. Through that Owner Account you may create sub-accounts for individual users (“User Accounts”), as allowed for by the Service Plan(s) you purchase. You are responsible for all actions taken by those User Accounts.

BILLING. The name that will appear on your customer invoice will be Moxion.io.

FEES – PAYMENTS. You are responsible for providing a valid credit card number or other payment information MX.IO accepts. You also represent and warrant that you are an authorized user of such credit card or account, and you agree to pay all applicable charges. You agree that MX.IO may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services. Credit cards or other payment services will be billed according to whatever Service Plan you select at the time of registration. Services are billed on a monthly basis and amounts paid are non-refundable. MX.IO does not provide refunds or credits for partial months of service. All fees listed are exclusive of any taxes, levies, duties or tariffs that applicable taxing authorities may impose. You are responsible for payment of any applicable taxes, levies, duties, tariffs or other similar fees.

MX.IO uses a third party billing service to process payments MX.IO does not obtain or retain user credit card numbers. By providing MX.IO with credit card information for the creation of an account, you agree to the applicable terms and conditions for the third party service MX.IO utilises for managing payment.

TEMPORARY SUSPENSION. MX.IO may temporarily suspend your access to any portion of Moxion.io if MX.IO or any of its technology partners reasonably determines that: (a) there is a threat or attack on Moxion.io (including a denial of service attack) or other event that may create a risk to Moxion.io, you or any other MX.IO customer; (b) your use of Moxion.io or your content poses a security risk to Moxion.io or any other MX.IO customer, may harm MX.IO’s infrastructure, or may subject MX.IO or any third party to liability; (c) you are using Moxion.io for fraudulent or illegal activities; (d) subject to applicable law, you have ceased to continue your business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become subject of any bankruptcy, liquidation, dissolution of similar proceedings; (e) you are using Moxion.io in breach of this Agreement; (f) you remain in material default of your payment obligations hereunder; or (g) MX.IO is instructed to suspend your access by its infrastructure service provider for any of the reasons stated above (collectively, “Service Suspensions”). Circumstances permitting, MX.IO will endeavour, but does not have the obligation, to provide you with notice of any Service Suspension and to provide updates regarding resumption of services following any Service Suspension. In the event MX.IO suspends your access to any portion of Moxion.io: (a) you remain responsible for all fees and charges incurred through the date of suspension; (b) you remain responsible for any applicable fees and charges for any portion of Moxion.io or services to which you continue to have access, as well as applicable data storage fees and charges, and fees and charges for in-process tasks completed after the date of suspension; and (c) MX.IO will not erase any of your content as a result of a Service Suspension, except as specified elsewhere in this Agreement. MX.IO will have no liability for any damages, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Suspension. MX.IO’s right to suspend your access to any portion of Moxion.io is in addition to its right to terminate this Agreement as set forth below.

SERVICE AVAILABILITY. Moxion.io, along with and any other associated services, may be unavailable at certain times, including during any unanticipated or unscheduled downtime or unavailability of all or any portion of Moxion.io as a result of system failures or force majeure events (as described below)(collectively “Service Interruptions”). MX.IO will make commercially reasonable efforts to provide information regarding any Service Interruption and the restoration of use and access to Moxion.io following the Service Interruption, including information posted on Moxion.io or sent to your registered email address. In the event of any Service Interruptions, you are not entitled to any service credits, refunds or other redress besides those covered in our then-current Service Level Agreements that we may offer (“SLAs”). MX.IO may alter, modify or change the existing SLAs at anytime without any advance notices. MX.IO does not make any representations or guarantees regarding uptime or availability of the Services unless specifically identified in the SLAs.

SECURITY. Without limiting any Disclaimers or your obligations under this Agreement, MX.IO will implement reasonable and appropriate measures designed to help you secure your content against accidental or unlawful loss, access or disclosure. MX.IO will use commercially reasonable efforts to establish and maintain administrative, technical and physical safeguards for Moxion.io that are designed to (a) protect the security and integrity of Moxion.io, (b) guard against anticipated threats of hazards to the security and integrity of the Moxion.io, and (c) protect against the accidental or unauthorised access, use, alteration or disclosure of your content. The safeguards will be at least equal to the generally accepted security standards within the IT industry.

FAIR USE CAVEAT. Fair use caveats stipulated as below;

  • Free Plan. 2GB Storage, 10 minutes Transcode and 20GB Playout.
  • Solo Plan. 100GB Storage, 100 minutes Transcode and 100GB Playout.
  • Indie Plan. 1000GB Storage, 1000 minutes Transcode and 1000GB Playout.
  • Production Plan. 2000GB Storage, 2000 minutes Transcode and 2000GB Playout.
  • Studio Plan. 4000GB Storage, 4000 minutes Transcode and 4000GB Playout. 

CONFIDENTIALITY – PRIVACY. For three (3) years after the Effective Date, you shall treat Moxion.io, and any information provided or gained in connection with Moxion.io, as confidential and proprietary to MX.IO. You shall not reveal, disclose, distribute or provide third parties access to Moxion.io and information in connection with Moxion.io in any form, or display it publicly or distribute any product thereof, or use it in any way other than for the purposes of this Agreement. The obligations of confidentiality hereunder shall not apply to information you can demonstrate: (i) was already known to you; (ii) is obtained by you from a third party that is not in violation of any contractual or legal obligation to MX.IO; or (iii) is or becomes part of the public domain through no fault of yours. Upon termination of this Agreement, you shall destroy or return to MX.IO any information in connection with Moxion.io. In connection with your use of Moxion.io, MX.IO may collect, use and disclose your information in accordance with the MX.IO Privacy Policy.

TERMINATION. You may terminate this Agreement for any reason by closing your MX.IO account and unsubscribing to Moxion.io and the related services previously subscribed. MX.IO may terminate this Agreement without cause by providing thirty (30) days prior email or written notice to you. MX.IO may terminate this Agreement for cause after giving you five (5) days prior notice and opportunity to cure if MX.IO reasonably determines that: (a) your use of Moxion.io or your content (i) poses a security risk to Moxion.io or any other MX.IO customer, (ii) may harm MX.IO’s systems, or (iii) may subject MX.IO or any third party to liability; (b) you are using Moxion.io for fraudulent of illegal activities; (c) you are using Moxion.io in breach of this Agreement or MX.IO’s Acceptable Use Policy; or (d) MX.IO’s continued provision of any of the services to you is prohibited by applicable law. Unless MX.IO terminates this Agreement for cause, for a period of thirty (30) days after such termination (a) MX.IO will not erase any of your content, (b) you may retrieve your content (which may be subject to a fee), but only if you have paid any charges for any post-termination use of Moxion.io and all other amounts due to MX.IO. Upon termination of this Agreement for any reason you will remain liable for all unpaid fees, charges and any other payment obligations that have been incurred through the date of termination with respect to your use of Moxion.io, and your license to Moxion.io or other rights granted to you under this Agreement will immediately terminate. You acknowledge that MX.IO may retain your content until all fees have been paid to MX.IO.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF MOXION.IO ALONG WITH ANY ASSOCIATED SOFTWARE AND SERVICES IS AT YOUR OWN RISK. MX.IO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO Moxion.io AND ASSOCIATED SOFTWARE, SERVICES OR DOCUMENTATION, ALL OF WHICH ARE PROVIDED “AS IS.” MX.IO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. MX.IO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN Moxion.io WILL MEET YOUR REQUIREMENTS OR THAT USE OF Moxion.io WILL BE UNINTERRUPTED OR ERROR FREE. YOU ACCEPT RESPONSIBLITY FOR THE SELECTION OF Moxion.io TO ACHIEVE YOUR INTENDED RESULTS. MX.IO SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES CAUSED BY LOSS OF DATA DUE TO YOUR USE OF Moxion.io. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MX.IO SHALL CREATE A WARRANTY OR CONDITION OR ANY WAY DECREASE THE SCOPE OF THIS DISCLAIMER. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY. MX.IO AND ITS AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF USE OF MOXION.IO OR ANY ASSOCIATED SOFTWARE OR SERVICES, DOWN TIME AND YOUR TIME, EVEN IF MX.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER MX.IO NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE MOXION.IO, INCLUDING AS A RESULT OF ANY (I) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO MOXION.IO, (II) MX.IO’S DISCONTINUATION OF ANY OR ALL OF Moxion.io OR SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF MOXION.IO FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO Moxion.io; OR (D) ANY UNAUTHORISED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA. IN ANY CASE, MX.IO’S AND ITS AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED 12 MONTHS FEES PAID BY YOU UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.

FORCE MAJEURE. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other causes that are beyond the reasonable control of such party.

NO THIRD PARTY BENEFICIARIES. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.

INDEPENDENT CONTRACTOR. Neither the Agreement nor the provision of services hereunder shall be deemed to create any joint venture, partnership or agency between MX.IO and you. The parties are independent contractors and shall not be deemed to have any other relationship. Neither party shall have, or hold itself out as having, the power or authority to bind or create liability for the other by its intentional or negligent act.

PUBLICITY. You agree (a) to allow MX.IO to use your (or your company’s) name and/or logo on MX.IO’s websites and/or in other marketing and promotional materials and (b) to add your (or your company’s) name and/or logo to MX.IO’s customer list.

NO WAIVER. The failure by MX.IO to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit MX.IO’s right to enforce such provision at a later time. All waivers by MX.IO must be in writing to be effective.

SEVERABILITY. In the event any provision, term, condition, or covenant contained in this Agreement (or portion thereof) is held to be invalid or otherwise unenforceable by a court of competent jurisdiction, such provision (or part thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remaining provisions of this Agreement will remain in full force and effect.

FEEDBACK. You are not obligated to provide feedback regarding Moxion.io or otherwise provide suggestions for modifications, improvements or enhancements. Should you provide such feedback, you acknowledge that MX.IO will be entitled to use such feedback without restriction and you grant MX.IO a perpetual, worldwide, royalty-free, fully paid up license to use such feedback for any purpose.

ASSIGNEMENT. You may not assign the Agreement without MX.IO’s written consent.

GOVERNING LAW; VENUE. This Agreement shall be deemed to have been made and executed in New Zealand and any dispute arising hereunder shall be resolved in accordance with the laws of New Zealand, without reference to its conflict of laws principles. In the event of any dispute related to this Agreement, the prevailing party shall be entitled to recover all its expenses related to such dispute including reasonable attorneys’ fees and court costs. The parties agree to submit any dispute relating to this Agreement to the jurisdiction of the courts of New Zealand. THE PARTIES SHALL NOT RAISE IN CONNECTION THEREWITH, AND HEREBY WAIVE, TRIAL BY JURY AND/OR ANY DEFENSES BASED UPON THE VENUE, THE INCONVENIENCE OF THE FORUM, THE LACK OF PERSONAL JURISDICTION, THE SUFFICIENCY OF SERVICE OF PROCESS OR THE LIKE IN ANY SUCH ACTION OR SUIT.

ENTIRE AGREEMENT. This Agreement (including MX.IO’s Acceptable Use Policy and Privacy Policy) constitutes the complete agreement between the parties and supersedes all prior communications and agreements between them with respect to the subject matter hereof and may not be modified or otherwise amended except by a further writing executed by both parties hereto, which writing specifies that it is an amendment hereto.

NOTICES. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be in writing and will be emailed to;support@moxion.io

 

Acceptable Use Policy

IMPORTANT NOTICE – PLEASE READ CAREFULLY. THIS ACCEPTABLE USE POLICY (“AUP”) SETS FORTH CONDUCT THAT IS PROHIBITED BY THOSE ACCESSING AND USING THE WEBSITE AND SERVICES OF MOXION.IO (“MX.IO”). BY ACCESSING AND USING THE MX.IO WEBSITE AND SERVICES YOU ARE AGREEING TO COMPLY WITH THE TERMS OF THIS AUP.

MX.IO wants its customers to be informed of their rights and obligations in connection with their use of MX.IO website, services, products and related software and toolset, all of which are presently marketed under the trademark Moxion.io. This AUP describes prohibited uses of Moxion.io and supplements MX.IO’s Terms & Conditions and/or the terms of each customer’s service agreement entered into by MX.IO (“Service Agreement”). It is the customer’s responsibility to ensure that it and its users comply with this AUP, which may be revised from time to time. Customers are responsible for monitoring this website for changes. Your use of Moxion.io after changes to the AUP are posted will constitute your acceptance of any new or additional terms of the AUP that result from those changes.

Because MX.IO cannot monitor and censor the Internet, and will not attempt to do so, MX.IO cannot accept any responsibility for injury to its customers (or any of their end users or accounts holders) that results from inaccurate, unsuitable, offensive, illegal or unlawful Internet communications. When customers disseminate information through Moxion.io, they also must keep in mind that MX.IO does not review, edit, censor or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information users contribute or upload to Moxion.io is carried over MX.IO networks or the networks of MX.IO’s third party providers and may reach other people, customers’ content may affect other network users and may harm MX.IO’s goodwill, business reputation and operations and/or the goodwill, business reputation and operations of MX.IO’s third party providers.

Accordingly, the bulleted actions described below are defined by MX.IO as “system abuse” and are expressly prohibited under this AUP. The examples listed below are not exhaustive and are provided to you solely as guidance. If you violate this AUP or authorise or help others to do so, MX.IO may suspend or terminate your use of Moxion.io or take other necessary actions as set forth in MX.IO’s Terms & Conditions.

 

Security Violations and System Abuse

Prohibited activities include:

  • attempting to interfere with or denying service to any user or host (e.g., denial of service attacks);
  • falsifying header information, user identification or user information;
  • send altered, deceptive or false source-identifying information (e.g., “spoofing” or “phishing”);
  • introduction of malicious programs into the network that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data (e.g., viruses, worms, Trojan horses, time bombs, cancelbots, etc.);
  • probe, scan, or test the vulnerability of Moxion.io;
  • breach or otherwise circumvent any security or authentication measures;
  • access or search Moxion.io by any means other than the MX.IO supported interfaces (e.g., “scraping”);
  • monitoring or scanning the networks of others without permission (e.g., port scan);
  • attempted or successful security breaches or disruption of Internet communication, including without limitation accessing data, machines or networks of which the customer is not an intended recipient or user or logging into a server or account that the customer is not expressly authorized to access (e.g., hacking or cracking);
  • executing any form of network monitoring (e.g., packet sniffer) which will intercept data not intended for the customer;
  • using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
  • sending unsolicited commercial email or unsolicited bulk email (e.g., UCE, UBE, or spamming) through Moxion.io; or sending unsolicited commercial or bulk email through another provider;
  • advertising or implicating, directly or indirectly, the use of any service hosted or provided by MX.IO, including without limitation email, web, FTP and DNS Services;
  • hosting websites that sell products or services that are used to gather email addresses or to assist in the sending of unsolicited email;
  • providing (with or without an associated fee) automated tools, software and/or support services that allow others to engage in spamming (e.g., spamware);
  • maintaining an open relay mail server;
  • collecting e-mail addresses from the Internet for the purpose of sending unsolicited e-mail or to provide collected addresses to others for that purpose (e.g., database scraping and/or database harvesting);
  • transmitting or receiving copyright infringing material, including but not limited to copyrighted music, video,
  • software, books, programs or other published material; or transmitting or receiving obscene, indecent, offensive, racist, defamatory, unreasonably violent, threatening, intimidating or harassing material.

Export Control Violations – The law limits the ability of persons to export encryption software, over the Internet or otherwise.

        Other activities, whether lawful or unlawful, that MX.IO or any of its third party providers determines to be harmful to its customers, subscribers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet.

Content Restrictions

The following content restrictions apply to any and all material which you contribute or upload to Moxion.io. You may not use, or encourage, promote, facilitate or instruct others to use Moxion.io for any illegal, harmful or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:

  • providing Personally Identifiable Information (PII), which can be used to distinguish or trace an individual’s identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. Moxion.io is not designed to be a storage place for PII. In connection with your use of Moxion.io, however, MX.IO may collect, use and disclose certain types of your information in accordance with the MX.IO’s Privacy Policy.
  • providing content that infringes on or misappropriates the intellectual property rights of MX.IO or others;
  • providing content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable;
  • providing content that violates any applicable law, regulation, treaty or tariff, or promotes any illegal activity;
  • activities that may be harmful to others including deceptive online marketing practices including, without limitation, practices that violate the United States Federal Trade Commission’s guidelines for proper online marketing schemes; and
  • providing content that violates the acceptable use policies or website terms of any networks, machines, or services which are accessed through Moxion.io.

The responsibility for avoiding the harmful activities just described rests with the customer. MX.IO will not, as an ordinary practice, monitor the communications of customers to ensure that they comply with MX.IO policy or applicable law, but MX.IO reserves the right to investigate any violation of this AUP or misuse of Moxion.io. When MX.IO becomes aware of harmful communications, or when it is notified or becomes aware of actual or potential violations of this AUP, MX.IO may take any action to stop the harmful activity, including but not limited to: filtering; denying access to Moxion.io; suspending or terminating such access; and/or taking any other actions as deemed appropriate by MX.IO. MX.IO shall have the sole discretion to determine which action is appropriate under the circumstances. MX.IO may take action immediately without regard to any cure periods that may be set forth in the customer’ s applicable Service Agreement. MX.IO shall have the sole right to interpret the meaning of any provision of this AUP or whether a customer’ s or any of its end-user’ s or account holder’ s activity violates this AUP.

Customers who violate this AUP may incur criminal or civil liability. MX.IO may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.

Reporting of Violations

If you become aware of any violation of this AUP, you will immediately notify MX.IO and provide us with assistance, as requested, to stop or remedy the violation. Please report any violation of this AUP to support@moxion.io

Contact Details

Moxion.io
Level 1
57 Symonds Street
Grafton 1010
Auckland

Refunds and Returns

  • We will charge your credit card the full amount for any upgrade in plan level immediately.
  • If you downgrade your account, your account will immediately drop in storage and your billing cycle will change to date of downgrade. You will not be reimbursed for unused data.
  • If you choose to downgrade your account, we are not liable for the resulting loss of content, features, or capacity.