ServerQuick Web Hosting. ("The Company") agrees to furnish
services to the Subscriber, subject to the following TOS (Terms
of Service).
Use of ServerQuick Web Hosting Service constitutes acceptance
and agreement to ServerQuick Web Hosting's AUP as well as
ServerQuick Web Hosting's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of
Service) of ServerQuick Web Hosting. and AUP (Acceptable Use
Policy). The AUP may be changed from time to time at the
discretion of the Company. Subscriber understands that change to
the AUP by the Company shall not be grounds for early contract
termination or non-payment.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Texas, county of Harris applicable
to contracts enforceable in that state. Venue will be Harris
County, Texas
Disclosure to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities.
Therefore, Subscriber agrees that the Company may disclose any
and all subscriber information including assigned IP numbers,
account history, account use, etc. to any law enforcement
agent who makes a written request without further consent or
notification to the Subscriber. In addition ServerQuick Web
Hosting shall have the right to terminate all service set
forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature
of the service furnished and the initial rates and charges
have been communicated to Subscriber. Subscriber will retain
100% locked in rate from the first purchase rate until the
life of the account (not including re-activation). Any
promotional offer is contingent upon Company coupons running
times and there after shall revert to the current price of the
services provided. All this is subject to ServerQuick
achieving and maintaining its cost of service goals including
but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent
upon receipt by the Company of payment of stated charges.
Subsequent payments are due on the anniversary date of the
month for that month's service..
Payments and Fees: Unless notified by the client or
ServerQuick Web Hosting. prior to seven days prior to the
anniversary date of the month ALL accounts that provide Auto
charging services shall be automatically processed on or as
near as possible to the anniversary date of the month as
required. Service will be interrupted on accounts that reach 5
days past due. Accounts that are not collectable by
ServerQuick Web Hosting may be turned over to an outside
collection agency for collection. If your account is turned
over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than $50 nor more
than $150. If you desire to cancel your account, please follow
the proper procedure to do this as outlined in this TOS. You
will be held responsible for 5% interest fee per invoice(s)
past due, per month.
Refund and Disputes: All payments to ServerQuick Web
Hosting. are nonrefundable. All overcharges or billing
disputes must be reported within 30 days of the time the
dispute occurred. If you dispute a charge to your credit card
issuer that, in ServerQuick Web Hosting's sole discretion is a
valid charge under the provisions of the TOS and /or AUP, you
agree to pay ServerQuick Web Hosting an "Administrative Fee"
of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny
service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial
will not relieve Subscriber of responsibility for the payment
of all accrued charges, plus reasonable interest and any
collection fees. Subscriber will be held responsible for any
collections and attorney fees applicable for all unpaid
invoices.
Account Cancellation: Requests
for canceling accounts must be made at least 7 days notice
prior to end of billing cycle (anniversary date in the month)
emailed to:
You must provide all account information to cancel including:
- Client ID (FTP Login)
- Full Name
- Domain and/or Server IP
- Reason for cancellation
Subscriber acknowledges that the service provided is of such a
nature that service can be interrupted for many reasons other
than the negligence of the company and that damages resulting
from any interruption of service are difficult to ascertain.
Therefore, subscriber agrees that the company shall not be
liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber
further acknowledges that the company's liability for its own
negligence may not in any event exceed an amount equivalent to
charges payable by subscriber for services during the period
damages occurred. In no event shall the company be liable for
any special or consequential damages, loss or injury.
New Domain Accounts: All new web hosting accounts
involving new domains will be set up and entered into our DNS
servers within 1- 2 business days. If the new domain is
registered by the account holder, there will be no handling
fee. If the domain is registered by ServerQuick Web Hosting.
on behalf of the account holder a handling fee will be
incurred.
Transfer of Domains: New web hosting accounts which
involve the transfer of a domain from another provider to
ServerQuick Web Hosting. will require a minimum of three (3)
days to be set up and entered into our DNS servers. In some
cases, such transfers may take longer. Due to the
unpredictable nature of the transfer process, no guarantees
are made regarding the amount of time a specific transfer may
take. If the transfer of the domain is done by ServerQuick Web
Hosting. on behalf of the account holder a handling fee will
be incurred. If the customer cancels service during the
transfer period for any reason, all charges are considered
earned.
Support Boundaries:
ServerQuick Web Hosting, provides 24 x 7 technical support to
our subscribers (except for few holidays and short company
meetings when we close our center.) We limit our technical
support to our area of expertise. The following is our
guidelines when providing support: ServerQuick Web Hosting
provides support related to your server or virtual site
physical functioning. ServerQuick Web Hosting does not offer
tech support for application specific issues such as cgi
programming, html or any other such issue. ServerQuick Web
Hosting does not provide technical support for YOUR customers.
ServerQuick Web Hosting does not provide technical support for
YOUR customers. Lastly, the Help files in the program you are
using may have the answer to your question so please do
investigate these resources. It is recommended to use our
knowledgebase first before submitting a support request. You
will find most answers to common problems/questions there.
Server Support Not Provided:
modifications to the operating system and control panel
Programming of any kind on your website
Installation of 3rd party software
Third party software including but not limited to
Fantastico, any other free scripts included with cPanel
Tutorials on modifying anything on the server. We do not
provide you tutoring on how to operate the server. There is
online documentation and flash tutorials available for you
if needed.
Backups of the accounts data is the sole responsibility of
the clients. Unless the backup service is provided as part
of the service plan. and then only backed up as stated in
the add on service.
Any thing found to corrupt the Operating System (OS) will result
in a $50 Operating System reinstall fee. There is an additional
$50 per hour administration fee for any other services required
(restore) after the Operating System reinstall. Administration
fees rated in half hour increments.
Free Software "Add-on Scripts":
ServerQuick Web Hosting. does not support you on any of the
3rd party software, also known as "add-on scripts" in our
scripts library. These are solely provided to you for ease and
convenience of instant "auto install" installation. You will
need to request support directly from the software developers
from their website. You may request the website link from us
anytime.
Third Party Software:
ServerQuick does not provide any support for any third party
software including software found in Fantastico. We do not
guarantee any third party software to function within our
servers (it is your responsibility to research on software
requirements). ServerQuick' dedicated customers may wish to
install any software at their expense and their will so long
as it does not break our AUP policy. It is solely the
customer's responsibility to install any software and to keep
the server in workable status. The customer is held
responsible for a $50 fee for any operating system re-install
(reload) if required.
BETA Modules:
ServerQuick Web Hosting reserves the right to deny support to
any customer on any beta mode modules and software. We reserve
the right to refuse to solve any issues causes indirectly or
directly by such beta modules.
SPAM and Unsolicited Commercial Email (UCE):
ServerQuick Web Hosting takes a zero tolerance approach to the
sending of Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of ServerQuick
Web Hosting may not use or permit others to use our network to
transact in UCE. Customers of ServerQuick Web Hosting may not
host, or permit hosting of, sites or information that is
advertised by UCE from other networks. In addition, it is not
acceptable to transmit bulk email through remote SOCKS, HTTP
or other similar proxies who in turn make a SMTP (TCP port 25)
connection to the destination mail servers. This technique may
result in account suspension or termination. Violations of
this policy carry severe penalties, including termination of
service. In order to prevent unnecessary blacklisting due to
spam we reserve the right to occasionally sample bulk email
being sent from servers.
Violation of ServerQuick Web Hosting's SPAM policy will
result in severe penalties. Upon notification of an alleged
violation of our SPAM policy, ServerQuick Web Hosting will
initiate an immediate investigation (within 48 hours of
notification). During the investigation, ServerQuick Web
Hosting may restrict customer access to the network to
prevent further violations. If a customer is found to be in
violation of our SPAM policy, ServerQuick Web Hosting may,
at its sole discretion, restrict, suspend or terminate
customer's account. Further, ServerQuick Web Hosting
reserves the right to pursue civil remedies for any costs
associated with the investigation of a substantiated policy
violation. ServerQuick Web Hosting will notify law
enforcement officials if the violation is believed to be a
criminal offense.
First violations of this policy will result in an
"Administrative Fee" of $250 and your account will be
reviewed for possible immediate termination. A second
violation will result in an "Administrative Fee" of $500 and
immediate termination of your account. Users who violate
this policy agree that in addition to these "Administrative"
penalties, they will pay "Research Fees" not to exceed $175
per hour that ServerQuick Web Hosting personnel must spend
to investigate the matter. PLEASE, DO NOT SPAM from your
account.
As our Customers are ultimately responsible for the actions
of their clients over the ServerQuick Web Hosting network,
it is advisable that Customers develop a similar, or
stricter, policy for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or
services on their server that support spammers or cause any of
our IP space to be listed in any of the various Spam Databases
will have their server immediately removed from our network. The
server will not be reconnected until such time that you agree to
remove ANY and ALL traces of the offending
material immediately upon reconnection and agree to allow us
access to the server to confirm that all material has been
COMPLETELY removed. Severe violations may result in
immediate and permanent removal of the server from our network
without notice to the customer. Any server guilty of a second
violation WILL be immediately and permanently removed
from our network without notice.
Network
IP Address Ownership: If ServerQuick Web Hosting
assigns Customer an Internet Protocol address for Customer's
use, the right to use that Internet Protocol address shall
belong only to ServerQuick Web Hosting, and Customer shall
have no right to use that Internet Protocol address except
as permitted by ServerQuick Web Hosting in its sole
discretion in connection with the Services, during the term
of this Agreement. ServerQuick Web Hosting shall maintain
and control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by ServerQuick
Web Hosting, and ServerQuick Web Hosting reserves the right
to change or remove any and all such Internet Protocol
numbers and addresses, in its sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses
for IP based virtual hosts will not be accepted as
justification for new IP addresses. What this means to you
is that you MUST use name-based hosting where possible.
We will periodically review IP address usage, and if we find
that clients are using IP addresses where name-based hosting
could be used, we will revoke authorization to use those IP
addresses that could be used with name-based hosting.
Bandwidth and Disk Usage: Customer agrees that if
bandwidth and or disk usage exceeds the number of megabytes
per month for the Services ordered by Customer on the Order
Form (the "Agreed Usage"). ServerQuick Web Hosting will
monitor Customer's bandwidth and disk usage. ServerQuick Web
Hosting shall have the right to take corrective action if
Customer's bandwidth or disk usage exceeds the Agreed Usage.
Such corrective action will include the assessment of
additional charges (increasing the plan to the next
available), unless there is an agreement that ServerQuick
shall not do so, in which case, disconnection or
discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in ServerQuick
Web Hosting's sole and absolute discretion. If ServerQuick
Web Hosting takes any corrective action under this section,
Customer shall not be entitled to a refund of any fees paid
in advance prior to such action. In the event that a
customer exceeds the included allocation, ServerQuick Web
Hosting may, at its sole discretion, collect a deposit, in
an amount determined by ServerQuick Web Hosting, against
customer's credit card on file with ServerQuick Web Hosting.
System and Network Security: Users are prohibited
from violating or attempting to violate the security of the
ServerQuick Web Hosting Network. Violations of system or
network security may result in civil or criminal liability.
ServerQuick Web Hosting will investigate occurrences, which
may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting Users who
are involved in such violations. These violations include,
without limitation:
Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to
access.
Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
Attempting to interfere with service to any user, host or
network, including, without limitation, via means of
overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which
such User is not entitled.
Server Hardware Replacement: ServerQuick Web Hosting
guarantees hardware replacement should any part of OUR
Hardware fail. We will first investigate and test to be sure
the hardware is in fact defect. You are not held liable for
costs. ServerQuick hold no responsibility for any loss data
should this incur to you. so remember to maintain a regular
backup regiment
Notification of Violation:
ServerQuick Web Hosting is under no duty to look at each
customer's or user's activities to determine if a violation
of the AUP has occurred, nor do we assume any responsibility
through our AUP to monitor or police Internet-related
activities.
First violation: Any User, which ServerQuick Web Hosting
determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the
violation. The service may be subject at ServerQuick Web
Hosting's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further
violations.
Second Violation: Users that ServerQuick Web Hosting
determines to have committed a second violation of any
element of this Acceptable Use Policy shall be subject to
immediate suspension or termination of service without
further notice.
We reserve the right, to drop the section of IP space
involved in Spam or Denial-of-Service complaints if it is
clear that the offending activity is causing great harm to
parties on the Internet. In particular, if open relays are
on your network or a customer's network, or if denial of
service attacks are originating from your network. In
certain rare cases, we may have to do this before attempting
to contact you. If we do this, we will contact you as soon
as is feasible.
Suspension of Service or Cancellation: ServerQuick Web
Hosting reserves the right to suspend network access to any
customer if in the judgment of the ServerQuick Web Hosting
network administrators the customer's server is the source or
target of the violation of any of the other terms of the AUP
or for any other reason which ServerQuick Web Hosting chooses.
If inappropriate activity is detected, all accounts of the
Customer in question will be deactivated until an
investigation is complete. Prior notification to the Customer
is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be
credited for the time the customer's machines were suspended.
ServerQuick Web Hosting reserves the right to amend its
policies at any time. All Sub-Networks, resellers and managed
servers of ServerQuick Web Hosting must adhere to the above
policies. Failure to follow any term or condition will be
grounds for immediate cancellation. You will be held
responsible for the actions of your clients in the matter
described on these Terms and conditions. Therefore, it is in
your best interest to implement a similar or stricter Terms
and conditions or otherwise called Acceptable Terms of use
policy.
Indemnification: ServerQuick Web Hosting wishes to
emphasize that in agreeing to the ServerQuick Web Hosting
Acceptable Use Policy (AUP) and Terms of Service (TOS),
customer indemnifies ServerQuick Web Hosting for any violation
of the Acceptable Use Policy (AUP) and Terms of Service (ToS)
that results in loss to ServerQuick Web Hosting or the
bringing of any claim against ServerQuick Web Hosting by any
third-party. This means that if ServerQuick Web Hosting is
sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against
ServerQuick Web Hosting, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail,
address, fax, and telephone contacts are used, in that order
of preference.
A waiver by the Company of any breach of any provision of
this Agreement by Subscriber shall not operate as or be
construed as a continuing or subsequent waiver thereof or as
a waiver of any breach of any other provision thereof.
Subscriber shall not transfer or assign this Agreement
without the prior written consent of the Company. Company
may assign Agreement at anytime without consent from or
notice to Subscriber. Company reserves right to cancel
customers rights under this contract at anytime without
further obligation.
ServerQuick Web Hosting takes no responsibility for any
material input by others and not posted to the ServerQuick
Web Hosting Network by ServerQuick Web Hosting. ServerQuick
Web Hosting is not responsible for the content of any other
websites linked to the ServerQuick Web Hosting Network;
links are provided as Internet navigation tools only.
ServerQuick Web Hosting disclaims any responsibility for any
such inappropriate use and any liability to any person or
party for any other person or party's violation of this
policy.
ServerQuick Web Hosting is not responsible for any damages
your business may suffer. ServerQuick Web Hosting does not
make implied or written warranties for any of our services.
ServerQuick Web Hosting denies any warranty or
merchantability for a specific purpose. This includes loss
of data resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions caused by
ServerQuick Web Hosting.
It is absolutely forbidden to host pornographic, Pirated
content, Cracks or IRC servers on ANY Server Accounts.
Any accounts found hosting this material will be subject to
immediate cancellation without refund.
Responsibility for Content: You, as ServerQuick Web
Hosting's customer, are solely responsible for the content
stored on and maintenance and served by your ServerQuick Web
Hosting server. ServerQuick is not responsible for any loss of
data or content. It is your responsibility to keep any third
party software updated to reduce security risks. If you are
found running software that has fixed known security problems
you will be notified by email to update your software. If you
fail to arrange updates within a reasonable time then your
account maybe closed until the updates are made.
Denial of Service: We reserve the right to refuse
service to anyone at any time for any reason.
