Terms
and Conditions
Quick's
Graphics (hereby called "Host Provider") provides
hosting services for both personal and business World Wide
Web pages. Quick's Graphics maintains the Host Provider
as a service to the World Wide Web community. Our objective
is
to exceed in providing the best hosting services for our customer's (hereby
called "Subscriber") internet experience. The Terms and Conditions
help to provide an enjoyable internet experience for all of our subscribers.
Quick's Graphics (Host Provider) reserves the right to make modifications to
any of these polices at anytime without prior notification. The continued use
of the Host Provider following each update posting shall be deemed to be Subscriber
acceptance of any such modification. Furthermore, it is the Subscriber's responsibility
to monitor the "Terms and Conditions" page of the Host Provider regularly
to determine whether the "Terms and Conditions" have been modified.
If changes to the Terms and Conditions have been modified, these changes will
take affect on the Subscriber's contract renewal. If Subscriber does not agree
to be bound by these terms, the Subscriber must immediately suspend using the
Host Provider's services.
The Host Provider supports the free flow of information and ideas over the
Internet. We do not actively monitor or apply editorial control over the content
of any web site, electronic mail transmission, news groups or material created
or accessible over Host Provider's services. However, the Host Provider has
the right to remove any materials we become aware of that is, in our sole discretion,
potentially illegal, subject Host Provider to liability, or violates this policy.
The Subscriber of the Host Provider is subjected to the following conditions;
Billing
Policy
1. Hosting services will be active 24 hours after payment and application have
been received. Final confirmation is e-mailed to the Subscriber with welcome
account information.
2. Subscriber agrees to the contract for the length specified on the application,
beginning upon receipt by fax, e-mail and mail. Subscriber agrees to pay the
Host Provider for services rendered according to the payment schedule.
3. This contract will automatically renew for identical successive periods
unless canceled in writing or modified by Subscriber prior to the renewal date.
Subscriber will be invoiced for services and payment due upon receipt of invoice.
4. Any changes made to the Subscriber hosting package (e.g. extra traffic charges,
additional server space, additional e-mail accounts, or add on features) will
be billed accordingly.
5. Subscriber will be notified via e-mail if account is past due, however the
Host Provider is not obligated to this. It is the Subscriber's responsibility
to ensure timely payments are made. If Subscriber changes e-mail addresses
he/she must inform the Host Provider billing department. If Subscriber's account
has been deleted due to nonpayment, a $49.00 reconnection fee will need to
be paid plus all fees due to make your account current.
10 days past due results in e-mail notification.
15 days past due results in access restriction.
20 days past due results in account deactivation.
30 days past due results in account deletion.
The Host Provider services include a 30-day money-back guarantee. If you are
dissatisfied with your service for any reason, you will receive a full refund
(minus setup fees and overage charges) if you cancel your account within 30-days
of the activation date of your account. Any requests for 30-day money-back
guarantee must be received in writing, via e-mail, regular mail or fax.
Responsibilities
Subscriber will be held accountable for all use and/or abuse taking place on
all accounts registered under his/her name. Account sharing is discouraged.
If the Subscriber" shares his/her account with another person, the Subscriber
is fully responsible for that individual's actions. If the shared individual
violates the Terms and Conditions Policy, the Subscriber account will be suspended
or canceled. The Subscriber will need to secure his/her account against unauthorized
access through the use of a secure password.
The Host Provider shall not be liable for any taxes or other fees to be paid
in accordance with or related to purchases made from Subscriber or Host Provider
servers. Subscriber agrees to take full responsibility for all taxes and fees
for any products sold.
Content
All services provided by the Host Provider my be used for lawful purposes only.
Transmission, storage, or presentation of any information, data or material
in violation of any United States Federal, State, or City law is strictly prohibited.
The Host Provider reserves the right to cooperate with legal authorities and/or
injured third parties in the investigation of any suspected crime or civil
wrong. This includes, but is not limited to: threatening or obscene material,
trafficking of obscene material, unauthorized copyrighted material, material
protected by trade secrets and other statutes, violation of U.S. export restrictions,
harassment, fraud, drug dealing, and any other illegal activities not listed.
The Subscriber agrees to indemnify and hold harmless Host Provider from any
claims resulting from the use of the service that damages the Subscriber or
any other party. The Host Provider will not allow any form of pornography
or sex related merchandising, non-acceptable links, pirated software, hacker
programs or archives of any form on the server.
Warranties
The Host Provider will take reasonable efforts to maintain the hosting services,
but many factors are not within the Host Provider's control. Host Provider
provides hosting services on an "as-is" basis, and without any warranty
of any kind, whether expressed or implied for the services it is providing.
The Host Provider disclaims any warranty of merchantability and will not be
responsible for any loss of data, delays, non-delivery of information, slow
response time, lack of access or services interruptions of any cause or errors
or omissions of the Subscriber. Host Provider is not responsible for any loss,
erasure, or corruption of Subscriber's data or files whatsoever. This disclaimer
and waiver shall apply to any and all third-party providers.
Server
Abuse
The network resources of the Host Provider may not be used to impersonate another
person or misrepresent authorization to act on behalf of others or the Host
Provider. Subscriber may not attempt to undermine the security or integrity
of the network and must not attempt to gain unauthorized access to said networks.
Subscriber may not tamper with other Subscriber's accounts.
All
messages sent via Host Provider will identify a sender.
Subscriber may not use the server for mass e-mail, mail-bombing
or spamming purposes. Subscribers' spamming will have their
account immediately deactivated for 10 days (first offense)
canceled for second and last offense whether from our mail
servers or from external mail servers that refer to the
Host Provider customer web site. We do not, in any way,
condone spam of any kind. We will not accept any Subscriber
who abuses the Internet in this way. The Host Provider
will not allow chat rooms, background running programs,
IRC or allow the Subscriber to connect to us directly to
receive e-mail on behalf of the Subscribers' domain.
Cancellations
After you have been with the Host Provider and wish to cancel your account,
you can do so by sending an e-mail to: billing@quicksgraphics.com, which requires
a 20 day advance notice. Subscribers' who have a quarterly, semi annual or
annual plan and wish to cancel their account before the end of their plan will
be pro-rated; (this does not include setup fee, or overage charges). Host Provider
does not refund for less than a 30 day period. If you choose to cancel, the
next monthly anniversary date will be considered your cancellation date. Cancellations
over the telephone are not accepted, they must be received in writing, via
e-mail, regular mail or fax only.
Confidentiality
Subscriber acknowledges that by reason of its relationship with Host Provider
it may have access to certain products, information and materials relating
to server, customers, software technology and marketing plans that are confidential.
Subscriber agrees to hold in confidence, and not disclose or reveal to any
person or entity, any confidential information without written consent of the
Host Provider. These obligations shall continue for long as the information
is a trade secret under applicable law and shall continue for one year following
termination of this agreement.
Limited
Liability
The Subscriber agrees that the use of the Host Provider server is at Subscribers'
sole risk. Neither the Host Provider, its employees, agents, resellers, third-party
information providers, merchants, licensers or the like, warrants the server
service will not be interrupted or error free. Under no circumstances, including
negligence, shall the Host Provider, its offices, agents, or any one else involved
in the creation or distribution of the server service be liable for any direct,
indirect, incidental, special or consequential damages that result from the
use of, or inability of the server service. Under no circumstances shall the
Host Provider be liable for any omissions, interruptions, deletion of files,
errors, defects, delays in operation, theft, transmission, results from mistakes,
or any failure of performance, whether or not limited to acts of God, communication
failure, destruction or unauthorized access to the Host Provider's records,
programs, or services. Subscriber hereby acknowledges that this paragraph shall
apply to all content on the Host Provider's server service.
Indemnification
Subscriber agrees that it shall defend, indemnify, save and hold the Host Provider
harmless from any damages from any demands, liabilities, losses, costs and
claims, including reasonable attorneys' fees, Liabilities asserted against
the Host Provider, its agents, its customers, officers, or employees, that
may arise or result from any service provided, performed or which has agreed
to be performed or for any product sold by Subscriber, its agents or employees.
Subscriber agrees to defend, indemnify and hold harmless the Host Provider
against liabilities arising from any injury to person or property caused by
any product sold or otherwise distributed in connection with server and any
material supplied by Subscriber infringing or allegedly infringing on the proprietary
rights of a third party including copyright infringement and defective product
which Subscriber sold on the Host Provider server.
Severability
If
any provision of this contract is held, adjusted or decreed
to be invalided, it is severed from the contract and the
balance of the provisions are to remain in full force and
effect.
Privacy
Statement
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