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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 Quality Host
Online to be unacceptable use of Quality Host Online
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
Quality Host Online 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.
Adult Content, Gambling Sites and sites Selling or
Advertising Targeted/Untargeted Traffic are NOT Allowed.
All Content must be legal in the United States of
America.
Quality Host Online 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.
Support Limitations
Quality Host Online will make every effort to support
information for configuring popular network/web software
to use internet services. However we can in no way
specifically test every piece of software that could
conceivably be utilized with our systems, only provide
general system-related information. The offer of any
particular service does not constitute an obligation on
Quality Host Online's part to tutor the necessary skills
to utilize that service, only to provide system-specific
information. We do not provide support for 3rd party
applications or scripts but will do our best to help if
we can.
Cancellation Policy /
Termination
Either party may terminate this Agreement without cause
upon written notice to the other party. Nothing in this
paragraph however shall limit Quality Host Online
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 $5 will be applicable and deducted from any refundable amount.
In the event that Quality Host Online 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 Quality Host Online 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.
Quality Host Online 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.
Liability
Customer agrees that Quality Host Online 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 Quality Host Online
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 Quality Host
Online liable for any loss of business, lost
opportunity, consequential, indirect, special or
incidental damages as a result of any interruption in
service.
Quality Host Online is not liable for customer
site content backups on their shared hosting platforms.
Quality Host Online 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 QUALITY HOST ONLINE LIABILITY
EXCEED THE TOTAL VALUE PAID TO QUALITY HOST ONLINE
BY CUSTOMER.
Representation and/or Warranties
Quality Host Online makes no representations
and cannot guarantee that Customer's domain name does
not infringe upon any trademarks, trade names, service
marks or other proprietary rights owned by a third
party. Customer shall not hold Quality Host Online
liable for any damages, injuries or losses incurred by
Customer as a result of any action instituted by a third
party.
Client Content, Backups and Data Loss
Quality Host Online performs backups of client
content weekly on Linux shared servers. Quality Host
Online makes every effort to insure that these
backups are valid. Quality Host Online 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 Quality Host Online . Backup
arrangements for client content for any frequency other
than the standard backup frequency must be made by
written contract and acceptance by Quality Host Online
and any such contract will be subject to premium monthly
charges.
Quality Host Online 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 backup tapes.
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 Quality Host Online
Servers, or of any database maintained on any server
operated by Quality Host Online in the event
Quality Host Online is unable to restore customer
content from tape backup. It is the clients
responsibility to know the content on their hosting
accounts.
AT NO TIME SHALL QUALITY HOST ONLINE ASSUME ANY
LIABILITY FOR LOST CUSTOMER CONTENT.
Security
Customer understands that the Internet and other various
networking communications are not secure.
Applicable Laws
Customer will ensure that its use of the Internet
and any service provided by Quality Host Online 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, Quality Host Online shall
have the right to consider same a breach of this
Agreement by customer which shall entitle Quality Host
Online to terminate Customer immediately without
prior notice.
It shall be within the sole discretion of Quality Host
Online to deem material as inappropriate.
Quality Host Online reserves the right to refuse
to install and/or accept any hosting account without
assigning any reason.
Integrity of Information
Customer is solely responsible for validating the
integrity of the information and data it receives or
transmits over the Internet.
Account Security
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. Quality Host Online shall not be liable
for any breach of security caused by Customer or third
parties. IN NO EVENT SHALL QUALITY HOST ONLINE
LIABILITY EXCEED THE TOTAL COST OF THIS CONTRACT BETWEEN
QUALITY HOST ONLINE AND CUSTOMER.
Quality Host Online will use its best efforts to
maintain the integrity and security of Customer's
password.
Domain Name Ownership
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 Quality Host Online be
responsible for this cost.
Email Services
Quality Host Online 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.
This service is not
intended to be used as a secure repository for customer
e-mail. Customers store their e-mail on Quality Host
Online servers at their own risk. POP/IMAP Email
services are not to be used to transfer system backups
or disk images.
We do NOT allow email forwarding to AOL addresses. Any
such forwarders will be automatically deleted and
may result in interruption of hosting services.
Bandwidth Usage
Quality Host Online reserves the right to
review and limit bandwidth on any hosting account
package or domain exceeding reasonable monthly usage or
usage over and above the specified maximum package
limits in accordance with the current price list
published on the web site. Customers exceeding the
allotted usage monitored by Quality Host Online
will be given the option to pay for excess usage at a
rate determined and published by Quality Host Online, or will be given notice of
suspension of service. A single notification will be
made by E-mail. Failure to respond to the E-mail
notification will constitute an agreement to charge the
account for excessive bandwidth usage.
The Following is Not Allowed On Our Servers
Sites with Banners, Graphics or CGI Scripts running
from their domain used on other domains (example is a
site running a Banner Exchange). High Yield Income
Programs (HYIP) Sites, Web Sites offering download files
or archives. (This is any site where 50% or more of there monthly
traffic is from file downloads).
Sites using more than 10% of system resources for longer
than 15 seconds.
Web Space provided on Quality Host Online servers is NOT
to be used for any kind of backups.
Adult Content
Adult-oriented sites are NOT allowed. This
includes sites that are associated with bestiality or
child pornography, sites which promote hate against any
group. Sites of such nature will be removed immediately
and will not be refunded. This is also true for sites
that promote any illegal activity or content that may be
damaging to our servers or any other server on the
Internet, or provide links to such sites.
Audio / Video Content
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 50 MB. On Business Plans each file can be up to 250 MB.
Hosting Account Ownership
The billing contact, as registered with Quality Host
Online is considered to be the account owner.
Quality Host Online will not transfer ownership,
content, or access to any other party without written
consent of the registered Account Owner.
Legal Action
Customer agrees to indemnify and hold Quality Host
Online harmless in any legal action which arises
as a result of Customer's use of Quality Host Online
services, without limitation or exception including, but
not limited to any action brought against Customer by a
third party.
Changes to this Policy
WE RESERVE THE RIGHT TO CHANGE THIS POLICY AT ANY
TIME BY POSTING CHANGES ON-LINE. YOUR CONTINUED USE OF
THE QUALITY HOST ONLINE RESOURCES AFTER CHANGES
ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS POLICY AS
MODIFIED BY THE POSTED CHANGES.
Headings
Headings in this Agreement are for convenience only
and shall NOT be used to interpret or construe these
provisions.
Entire Agreement
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 Quality Host Online via
e-mail, telephone or regular mail of disagreement with
the above terms and conditions will constitute
Customer's acceptance of same.
Renewal
Customer's failure to properly notify Quality Host
Online 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. Quality Host Online 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.
Spam/Bulk Email Policy
*** 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.
QUALITY HOST ONLINE STRICTLY PROHIBITS THE USE OF
THEIR SERVERS TO SEND OR RELAY MASS E-MAIL OR SPAM . IF
ANY DOMAIN HOSTED BY QUALITY HOST ONLINE , 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 QUALITY HOST ONLINE
SERVICES WILL BE TERMINATED. TERMINATION OF THE HOSTING
ACCOUNT ON OUR SERVERS APPLIES REGARDLESS OF THE
SOURCE/SERVER THE MAIL IS DISTRIBUTED FROM. QUALITY HOST
ONLINE 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 QUALITY
HOST ONLINE 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 QUALITY HOST ONLINE
SERVERS ARE NOT TO BE USED TO DEVELOP BULK MAILING
LISTS. ACTIVITY FLOWING THROUGH THE SMTP SERVERS HOSTED
BY QUALITY HOST ONLINE 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 QUALITY HOST ONLINE
OR ANY OTHER SMTP SERVICE FOR THE PURPOSE OF SENDING ANY
BULK MAILINGS. |
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