Terms
& Conditions
Notice: We are sorry to be forced to announce that because of DDOS attacks and other problems, as of May 26, 2005 we can no longer accept HYIP scripts on our servers.
This Services Agreement (the "Agreement") contains the
complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services
provided by AQualityHost.com, (the "Services"). As used in this Agreement, "A Quality Host" means
AQualityHost.com, and "Client", "you", or "your" means you. By clicking on the "Submit"
button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies
posted on the A Quality Host site. As referred to in this Agreement, "Site" refers to a World Wide Web site
and "A Quality Host " refers to the Site located at the URL http://www.aqualityhost.com, or any other successor
Sites owned or maintained by A Quality Host.
See
also our Acceptable
Use Policy
(includes Adult Content Policy), UCE
(SPAM) Policy,
and CGI
Abuse Policy.
1.
APPROPRIATE USE OF THE SERVICES.
A
Quality Host provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of
data other than as necessary to provide such Services. You are responsible for any misuse of your account, even if the
inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure
that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security
of another account or attempt to gain unauthorized access to another network or server.
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Client
Content.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client -
or through Client by a third party - to any A Quality Host server in connection with Client's use of the Services
which:
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violate
any state, federal or foreign laws or regulations;
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infringe
on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of A
Quality Host or any third party;
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are
defamatory, slanderous or trade libelous;
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are
threatening or harassing;
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are
discriminatory based on gender, race, age or promotes
hate
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contain
viruses or other computer programming defects which
result in damage to A Quality Host or any third party.
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Bandwidth.
Client may occupy only the amount of disk space on the
A Quality Host Server and utilize no more than the network
bandwidth that is allotted by A Quality Host. Additional
fees, specified in the Host plans page, will be charged
for exceeding the disk space and/or network bandwidth
allowance of your selected plan. User understands that
the bandwidth monitor on shared servers inside the control
panel provided is only a guideline and is typically well
below the actual bandwidth being used. The technology
of the web-based monitor is not accurate enough to measure
the actual bandwidth transfer of the server. True bandwidth
will be monitored from the root server bandwidth monitor,
(which can be provided to the user upon request). Example:
If the root bandwidth monitor shows 10 gigs used and the
control panel monitor shows 2 gigs used, billing for that
month will be times 5 of the control panel monitor. However,
we are extremely generous with our bandwidth allowances,
and this likely will never be a problem for you.
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E-mail
Issues
Users may send bulk email out from their
accounts on our shared server only after informing support
of their intention to do so and providing proof that all
addresses are "double opt-in". "Double opt-in" means that
the owner of the email address has subscribed by email
or form, been sent a confirmation notice, and has returned
the confirmation, and you have the proof on file. (Of
course spam of any kind is never allowed but we are now
referring to legitimate email lists containing willing
recipients). Bulk email will be described as any user
sending more than 1000 emails per day. If the user wants
to send legitimate double opt-in bulk email he should
put in a request at support and we work with you on an
individual basis. We may be able to allow you to bulk
mail, help you arrange a dedicated server, or recommend
some excellent mailing services, depending on your individual
situation. This rule is necessary because the system resources
required by a mail server put a heavy load on the server,
and must be regulated by admin.
Client shall not use the Services for chain letters, junk
mail, spamming, or any use of distribution
lists to any person who has not given specific permission
to be included in such a process. Client also shall not
engage in any unsolicited email practices at A Quality
Host, or otherwise, that mentions or reference any domain
hosted on A Quality Host servers or parked on A Quality
Host DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL
SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS,
DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS
AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators
will be fined! Refer to our UCE
(SPAM) Policy).
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Licensed
Software Only.
Client agrees to use only properly licensed third party
software in connection with Client's use of the Services.
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PROHIBITED
SCRIPTS AND SERVICES
No IRC's, BNC's, Eggdrops, Illegal or blatantly offensive
material or Spamming from a site or server. Period. No
Exceptions at any time for any reason. Customers who LOAD
(Proof of use or public display NOT required) these programs
or materials on any server will be terminated without
recourse and billed (including penalties) and further
pursued to THE FULLEST EXTENT of the LAW, including but
not limited to lawsuits against the individuals responsible.
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Back-Up
Files.
Client will have the ability to reinstate files which
are automatically archived by A Quality Host; however,
A Quality Host does not guarantee the existence, accuracy,
or regularity of its backup services and, therefore, Client
is responsible for making back-up files in connection
with its use of the Services. Backup capability is available
through the Client’s Control Panel.
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Termination.
A
Quality Host reserves the right to refuse service to anyone.
A Quality Host, in its sole discretion, may immediately
terminate this Agreement if Client engages in any of the
foregoing. To report any unacceptable behavior by a third
party using the Services, please contact us on our support
page with the subject "abuse".
2.
PAYMENT OBLIGATIONS
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Service
Fees.
By the Tenth (10th) of each month, A Quality Host shall
either (i) debit Client's credit card (where such information
is provided by Client) or (ii) deliver by e-mail an invoice
to Client in accordance with the applicable Services fees
for services rendered for the current month. Where an
invoice is delivered to Client, Client shall remit payment
to A Quality Host by no later than 10 days after the specified
payment due date. A Quality Host shall be entitled to
immediately terminate this Agreement for Client's failure
to make timely payments to A Quality Host. Certain services
carry a set-up fee charged by A Quality Host to Client
that must be paid by Client in order to have use of the
Services. If Client terminates this Agreement in accordance
with Section 4 hereunder, Client shall be responsible
for any outstanding fees owed to A Quality Host and agrees
to pay any and all fees incurred by Client. Because the
Services are provided on a monthly basis, Client will
be responsible for Service fees incurred each month regardless
of when Client provides notice of termination. Thus, for
example, if Client provides notice to terminate on the
15th of a particular month, Client will still owe fees
for the entire month and such fees will not be pro-rated
or refunded. If Client has retained the Services for one
(1) year and has pre-paid A Quality Host for such Services,
refunds will be issued for any unused full month month
portions less one month of the Services upon Clients request.
Therefore, if Client's account is cancelled at any point
during the one (1) year term, Client will be entitled
to a refund for all but one of the full months remaining
after notice given by the 25th of the preceding month.
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Domain
Names. If
Client chooses to register a domain name(s) through A
Quality Host, Client acknowledges and agrees that Client
will pay a registration fee(s) to register the domain
name(s) with the applicable domain name registrar. A Quality
Host does not offer refunds for domain name registrations
for any reason, including misspelling of the domain name.
3.
CLIENT LIABILITY AND INDEMNIFICATION
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The
parties agree that in no event shall A Quality Host be
liable to any third party for Client's breach or alleged
breach of any of the terms and conditions set forth in
this Agreement. Client agrees to defend, indemnify and
hold harmless A Quality Host from any and all expenses,
losses, liabilities, damages or third party claims resulting
from Client's breach or alleged breach of any Client obligations
set forth hereunder.
4.
TERM, TERMINATION & REINSTATEMENT
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Subject
to the terms and conditions hereof, this Agreement shall
be effective on the date you register for the Services,
and shall continue in effect on a month-to-month basis
unless otherwise specified by separate agreement (the
"Term") unless terminated earlier pursuant to
the provisions of this Section 4. Either party will have
the right to terminate this Agreement upon notice to the
other party. Server
Cancellation Information page.
All cancellation requests must be received by the end
of the respective month of cancellation. Any other attempt
by Client to cancel this Agreement by written or e-mail
notice shall be void. Sections 3 - 8 shall survive termination
or expiration of this Agreement.
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If
Client terminates its account, Client shall be allowed
to re-instate Client's use of the Services within Seven
(7) business days of cancellation. Client shall pay a
fee of Fifty Dollars ($50) prior to any re-instatement
of Client's account. Once payment has been received, Client's
account will be activated within Forty-Eight (48) business
hours. A Quality Host will maintain an archival copy of
Client's Web site for Seven (7) days after A Quality Host
receives notice of cancellation. Thereafter, Client will
need to place a new order if it wishes to subscribe to
the Services.
5.
TAXES
6.
DISCLAIMER OF WARRANTY
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THE
SERVICES, THE A Quality Host SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE
A QUALITY HOST SITE, AND ALL TEXT, GRAPHICS, LINKS AND
APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS
AND WITHOUT WARRANTY OF ANY KIND. A Quality Host DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH
OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, A Quality Host SPECIFICALLY
DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE
ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7.
LIMITATION OF LIABILITY
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IN
NO EVENT SHALL A QUALITY HOST BE LIABLE FOR DAMAGES RESULTING
FROM LOSS OF DATA, PROFITS, USE OF THE A QUALITY HOST
SITE OR ANY A QUALITY HOST PRODUCTS OR SERVICES, OR FOR
ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES
IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH
ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT
SHALL A QUALITY HOST CUMULATIVE LIABILITY EXCEED AN AMOUNT
GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
8.
MISCELLANEOUS
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Notices.
Any notices or communication under this Agreement shall
be in writing and shall be deemed delivered to the party
receiving such communication at the address specified
below (1) on the delivery date if delivered personally
to the party, or a representative of the party; (2) one
business day after deposit with a commercial overnight
carrier, with written verification of receipt; (3) five
business days after the mailing date, whether or not received,
if sent by postal mail, return receipt requested; (4)
on the delivery date if transmitted by confirmed facsimile.
If
to A Quality Host:
A
Quality Host
222 W Pleasant St
Aurora, MO 65605
If
to Client:
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If
any of the provisions, or portions thereof, of this Agreement
are found to be invalid under any applicable statute or
rule of law, then, that provision notwithstanding, this
Agreement shall remain in full force and effect and such
provision or portion thereof shall be deemed omitted.
This Agreement (including the Exhibits, attachments and/or
addenda, if any,) represents the entire agreement of the
parties with respect of the subject matter hereof and
supersedes all prior and/or contemporaneous agreements
or understandings, written or oral between the parties
with respect to the subject matter hereof. This Agreement
and the rights granted and obligations undertaken hereunder
may not be transferred, assigned or delegated in any manner
by Client, but may be so transferred, assigned or delegated
by A Quality Host. Any waiver or any provision of this
Agreement, or a delay by any party in the enforcement
of any right hereunder, shall neither be construed as
a continuing waiver nor create an expectation of non-enforcement
of that or any other provision or right. In any legal
proceeding between the parties under this Agreement, the
prevailing party shall be entitled to recover its costs,
expenses and reasonable attorneys' fees. This Agreement
is made under and shall be governed by the laws of the
United States of America, except with regard to it’s conflict
of law rules. This Agreement and A Quality Host's policies
are subject to change by A Quality Host without notice.
Continued usage of the Services after a change to this
Agreement by A Quality Host or after a new policy is implemented
and posted on the A Quality Host Site constitutes your
acceptance of such change or policy. We encourage you
to regularly check the A Quality Host Site for any changes
or additions.
If you have any questions about any of our
policies, please ask us by posting to the Forum.
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