LAST UPDATED: 30 OCTOBER 2016
The document you are reading now is the legal contract between you and HyperDrive Systems Pty Ltd (a.k.a., “QHO", "QualityHostOnline”, “we”, “us”) that applies to your use of anything QHO, including QHO's websites, mobile apps, email and other products, content, and related services.
Who is HyperDrive Systems Pty Ltd?
HyperDrive Systems Pty Ltd is the company that provides and operates the QualityHostOnline Services. We refer to ourselves here as “QualityHostOnline”, because QualityHostOnline is the name of the service the vast majority of our users know us by.
Please read these Terms of Service carefully before using the Services. If you do not agree to these terms of service, you must not use the Services and you should exit the website and stop use of the services immediately. Your use or continued use of QHO services constitutes your acceptance of these terms and conditions.
Unacceptable uses include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, illegal content, pornographic content, adult and/or related content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by QualityHostOnline to be unacceptable use of QualityHostOnline services including abuse of server resources.
Additionally, IRC (or related software), PsyBNC, EggDrop, BitchX, proxy software or any related application may not be used, loaded or stored (compressed or otherwise) on any of QualityHostOnline Servers (Proof of use or public display NOT required). Failure to comply will result in immediate account suspension/termination.
We do not allow email forwarding to AOL addresses. Any such forwarders will be automatically deleted and may result in interruption of hosting services.
All Content must be legal in the United States of America and Australia.
QualityHostOnline provides internet web hosting, web promotion, and several other web related services.
This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.
Either party may terminate this Agreement without cause upon written notice to the other party. Nothing in this paragraph however shall limit QualityHostOnline right to terminate Customer immediately and without prior notice for improper use and violations as set forth herein.
Cancellation of any domain or account will not be processed without the required procedure. Any person wishing to terminate their account or any domain within their account must login to the members area / client area and submit a cancel request for that domain. This request must be submitted AT LEAST 7 days before the next billing is due. Cancellations will not be accepted without completing the step mentioned above. No exceptions will be made. The cancellation procedure is required for your protection as well as ours. The procedure provides evidence that the individual cancelling the account is authorized to do so. Once this request is received, and information verified; the user’s data will be erased off the server. In the event that a client requests cancellation of account AFTER it has re-billed, cancellation charges of $15 will be applicable and deducted from any refundable amount.
In the event that QualityHostOnline elects to terminate Customer as a result of its improper acts and breach of the terms and conditions contained herein, Customer shall not be entitled to a refund of the balance.
In the event Customer elects to terminate this Agreement, same shall be considered a breach and Customer shall not be entitled to any refund.
In the event that QualityHostOnline elects to terminate Customer without cause, Customer shall receive a full refund of any pro-rated balance. However, if Customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be NO REFUND of any remaining balance.
QualityHostOnline reserves the right to terminate any customer without prior notice and without assigning any reason.
All Customers acknowledge that Domain Registration Fees and/or Setup Fees, if any, are Not Refundable.
The customer must request the upgrade of service using the Support HelpDesk. The sales staff will generate a new invoice for the upgrade. The upgrade is processed upon successfull payment of the upgrade invoice. A prorated credit is applied to this invoice if the next billing date is 35 days or greater at the time of the upgrade request.
The date of upgrade request will be considered as the date the customer consents to the upgrade, after options were offered to them by our sales team.
QualityHostOnline offers a 30 Day Money Back Guarantee which is fully honored. If we receive a cancellation request under the cancellation policy described above, a FULL refund will be issued to the client within 7 days of cancellation request.
NO refunds are provided after the expiry of this 30 day money back guarantee period.
Customer agrees that QualityHostOnline shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that QualityHostOnline shall not be liable for any damages or losses sustained by Customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold QualityHostOnline liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
QualityHostOnline is not liable for customer site content backups on their shared hosting platforms. QualityHostOnline has made every reasonable attempt to protect the security and integrity of customer's web sites but offers no warranty as to the ability to restore site content in the event of a server failure.
IN NO EVENT SHALL QUALITYHOSTONLINE LIABILITY EXCEED THE TOTAL VALUE PAID TO QUALITYHOSTONLINE BY CUSTOMER.
QualityHostOnline performs backups of client accounts once per week on Linux shared servers for accounts up to 20 GB is size. Accounts which exceed 20 GB are removed from the backup systems, with the exception of databases; any databases will continue to be backed up.
QualityHostOnline makes every effort to insure that any backups performed are valid. QualityHostOnline assumes no liability for lost content in the event a hardware or system failure occurs and data maintained on the effected servers cannot be recovered from the most recent account backups.
QualityHostOnline assumes no liability for any information published to any server including all customer web site content, related files, backup files, databases or mail belonging to any customer hosted at QualityHostOnline . Backup arrangements for client content for any frequency other than the standard weekly backup frequency must be made by written contract and acceptance by QualityHostOnline and any such contracts will be subject to premium monthly charges.
Access to client content is provided to all customers at any time. It is the sole responsibility of account owner to insure that they maintain their own backup copy of any materials placed on QualityHostOnline Servers, or of any database maintained on any server operated by QualityHostOnline, in the event QualityHostOnline is unable to restore customer content from backup. It is the clients responsibility to know the content on their hosting accounts.
AT NO TIME SHALL QUALITYHOSTONLINE ASSUME ANY LIABILITY FOR LOST CUSTOMER CONTENT.
Customer will ensure that its use of the Internet and any service provided by QualityHostOnline to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography. In the event that Customer violates this provision, QualityHostOnline shall have the right to consider same a breach of this Agreement by customer which shall entitle QualityHostOnline to terminate Customer immediately without prior notice.
It shall be within the sole discretion of QualityHostOnline to deem material as inappropriate.
QualityHostOnline reserves the right to refuse to install and/or accept any hosting account without assigning any reason.
Customer shall be solely responsible for protecting the security of its Internet account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. QualityHostOnline shall not be liable for any breach of security caused by Customer or third parties. IN NO EVENT SHALL QUALITYHOSTONLINE LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN QUALITYHOSTONLINE AND CUSTOMER.
QualityHostOnline will use its best efforts to maintain the integrity and security of Customer's password.
Customer shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Customer shall make payment directly to the issuer. Under no circumstances shall QualityHostOnline be responsible for this cost.
Free domains will be renewed as part of the hosting package they are assigned to. To renew/avail free domains, all hosting and related dues must be paid ON or BEFORE the invoice due date for that hosting account.
Failure to pay this invoice within the due date, constitutes the acceptance of full domain registration charges.
QualityHostOnline email services are available for hosted customers only. Unauthorized use of the mail services is strictly prohibited. Offering FREE Email accounts to site visitors is strictly prohibited and can lead to suspension or termination of hosting contract.
POP/IMAP Email services are not to be used to transfer system backups or disk images. Hosting space on standard hosting plans CANNOT be used to store email online. In order to store email, customer must be on Semi-Dedicated Hosting Service or a VPS / Dedicated Server. Customers store their e-mail on QualityHostOnline servers at their own risk.
Disk Usage GuidelinesShared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. QHO expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. QHO may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of these terms and conditions.
Users may not:
The use of more than 250,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 250,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Accounts that cross the 500,000 file count / Inode limit may be suspended without prior notice.
Accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage WILL be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
We allow multimedia files (QuickTime, Real Audio, Real Video, MP3/MP4, Windows Media) ONLY if you legally own the content of these files. For example, you can store the home videos you created with your movie camera / handycam but you CANNOT store a video or movie you purchased from someone else.
On Personal Plans, each individual audio / video file should not be larger than 20 MB. On Business Plans each file can be up to 50 MB.
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify QualityHostOnline via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Customer's acceptance of same.
Customer's failure to properly notify QualityHostOnline of its objections to any of the terms and conditions set forth herein shall constitute Customer's acceptance of same.
This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, Customer agrees to be bound by the Terms and Conditions currently in effect. QualityHostOnline current Terms and Conditions may be viewed at www.QualityHostOnline.com
We guarantee price freeze for the length of a contract. However, renewals may be subject to new prices.
*** NOTICE CONCERNING MAILING LISTS, MASS MAILING, UNSOLICITED MAILINGS (SPAM)***
IN THE INTEREST OF OUR CUSTOMERS, WE FOLLOW A ZERO TOLERANCE ANTI-SPAM POLICY. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES FOR SPAMMERS.
QUALITYHOSTONLINE STRICTLY PROHIBITS THE USE OF THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF ANY DOMAIN HOSTED BY QUALITYHOSTONLINE , PARTICIPATES IN THE SENDING OF UNSOLICITED MAIL, BULK MAILINGS, UNSOLICITED SPOT MAILINGS OR ANY OTHER FORM OF MAILING COMMONLY KNOW AS SPAM, THE DOMAIN WILL BE CANCELLED IMMEDIATELY AND ALL ACCESS TO QUALITYHOSTONLINE SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. QUALITYHOSTONLINE DOES NOT SUPPORT THE PRACTICE OF SPAM AND WILL TERMINATE THEIR ASSOCIATION WITH ANY COMPANY HOSTED BY OUR SERVERS IF THAT COMPANY HAS BEEN IDENTIFIED AS THE SOURCE OF UNSOLICITED E-MAIL/SPAM REGARDLESS OF THE ORIGINATING SERVER. ALL INFORMATION STORED ON QualityHostOnline SERVERS WILL BE REMOVED IMMEDIATELY, DNS WILL BE TERMINATED, AND MAIL WILL BE SENT TO THE ABUSE DESK OF THE DOMAIN'S ISP. THERE ARE NO EXCEPTIONS AND NO SECOND CHANCES.
MAILING LISTS HOSTED ON QUALITYHOSTONLINE SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED BY QUALITYHOSTONLINE IS MONITORED CONTINUOUSLY AND NEW SECURITY FEATURES AND MONITORING TECHNIQUES ARE BEING INSTALLED IN ORDER TO DETECT AND PREVENT UNAUTHORIZED USE OF OUR SMTP SERVERS.
ONLY HOSTING ACCOUNTS THAT INCLUDE MAILING LISTS AS PART OF THE PACKAGE WILL BE ALLOWED TO OPERATE THEM.
I ACKNOWLEDGE THE POLICY CONCERNING UNSOLICITED MAILINGS AS STATED ABOVE AND I HEREBY AGREE NOT TO USE THE EQUIPMENT OWNED AND OPERATED BY QUALITYHOSTONLINE OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY BULK MAILINGS.