Quick-Host.com's WEB SERVICE Terms and Conditions (Acceptable Use Policy)
These are the Acceptable Use Policies (AUP) of Quick-Host.com's Web Service. All clients of Quick-Host.com's Web Service agree to abide by these policies. Quick-Host.com's Web Service reserves the right to change and update these policies as it sees necessary.
Introduction
The primary purpose of Quick-Host.com's Web Service
is to facilitate communication with the numerous computer networks commonly referred to
collectively as "the Internet." It is Quick-Host.com's Web Service's intention to allow Quick-Host.com's Web Service
users complete access to everything the Internet has to offer, with
minimal or no interference from Quick-Host.com's Web Service.
However, many of the individual networks or portions of the Internet
have specific guidelines for use. As the Internet expands, it is
increasingly common for an Internet Service Provider, such as Quick-Host.com's Web Service, to
be blocked from use of another organization's systems due to violations of
that system's guidelines. Because Quick-Host.com's Web Service runs multi-user systems, actions
of one Quick-Host.com's Web Service customer can have a severe impact on other customers'
ability to use the system(s). This is unfair to all Quick-Host.com's Web Service
users.
To this end, Quick-Host.com's Web Service has developed these Acceptable Use Policies. They
are intended to inform Quick-Host.com's Web Service's Customers of what Quick-Host.com's Web Service considers to be
acceptable conduct in relation to the Internet, and to inform Customers
what actions Quick-Host.com's Web Service may take, with or without notice, in the
event that Quick-Host.com's Web Service becomes aware of inappropriate use of Quick-Host.com's Web Service's
service. This AUP will be used to help Quick-Host.com's Web Service system administrators deal
with complaints from users of Quick-Host.com's Web Service or other Internet-connected systems,
and to determine when action should be taken.It is expected that all
Quick-Host.com's Web Service Customers will follow the policies set forth herein. These
policies are drawn from applicable law and generally accepted standards of
Internet conduct, and are intended to ensure protection of Quick-Host.com's Web Service's
technical resources, ability to continue to provide high quality service
to its customers, and the protection of Quick-Host.com's Web Service's reputation as a service
provider.
ACCESS TO Quick-Host.com's Web Service's INTERNET SERVICE IS PROVIDED SUBJECT TO
THE FOLLOWING TERMS AND CONDITIONS:
1. Warranties/Disclaimers
- Quick-Host.com's Web Service Internet service is provided on an "as is, as available" basis.
No warranties, express or implied, including, but not limited to,
those of merchantability or fitness for a particular purpose, are made
with respect to Quick-Host.com's Web Service or any information or software therein. You
release Quick-Host.com's Web Service from and Quick-Host.com's Web Service shall have no liability or responsibility
for any direct, indirect, incidental or consequential damages suffered
by you in connection with your use of or inability to use the Quick-Host.com's Web Service
services including, but not limited to, damages from loss of data
resulting from delays, non-deliveries, mis-deliveries, or service
interruptions, or due to inadvertent release or disclosure of
information sent by you even if the same is caused by Quick-Host.com's Web Service's own
negligence. Without limiting the generality of the foregoing, Quick-Host.com's Web Service
disclaims to the full extent permitted by applicable law any
responsibility for (and under no circumstances shall be liable for)
any conduct, content, goods and services available on or through the
Internet or the Quick-Host.com's Web Service services. In no event shall Quick-Host.com's Web Service's aggregate
liability exceed the amount paid by you to Quick-Host.com's Web Service for the Quick-Host.com's Web Service
services. Use of any information obtained via Quick-Host.com's Web Service's Internet service
is at the user's own risk. Quick-Host.com's Web Service specifically disclaims any
responsibility for the accuracy or quality of information obtained
through its services.
2. Security
- The Customer is responsible for all use of the Customer's account(s) and
confidentiality of password(s), including choosing safe passwords and
ensuring file protections are set correctly. Quick-Host.com's Web Service will suspend access
or change access to Customer's account(s) immediately upon
notification by Customer that Customer's password has been lost,
stolen or otherwise compromised. Quick-Host.com's Web Service is not liable for any usage and
or charges prior to Quick-Host.com's Web Service making the necessary account alteration.
Electronic mail on this system is as private as we can make it.
Quick-Host.com's Web Service's Customers are reminded that no computer network can ever be
considered completely safe from intrusion. E-Mail may pass through many
computer systems, and should not be considered a secure means of
communication unless encrypted and even encrypted information is
only as secure as the encryption method utilized.
3. Personal Files
- Quick-Host.com's Web Service is not responsible for any Customer's personal files residing on
Quick-Host.com's Web Service. The Customer is responsible for independent backup of the Customer's
data that is stored on Quick-Host.com's Web Service. Quick-Host.com's Web Service reserves the right to delete
any Customer 's personal files after one or both parties terminates the
service agreement between Quick-Host.com's Web Service and the Customer.
4. Non-Transferability of Account
- The right to use Quick-Host.com's Web Service's Internet service is not transferable. Use of
Quick-Host.com's Web Service accounts is expressly limited to the individual or business
whose name appears on the account and dependents of the account holder
living at the same address. A Customer may use no more than one
log-in session per account at any time. If a Customer has multiple
accounts, the Customer is limited to one log-in session per account at
any time.
5. Network Address Ownership
- Any network address assignments issued by Quick-Host.com's Web Service (i.e., IP addresses and Class C address space) are the property of Quick-Host.com's Web Service and are considered to be loaned to its
customers. In the event service with Quick-Host.com's Web Service is discontinued for any
reason, such addresses will revert to Quick-Host.com's Web Service. If a Customer of Quick-Host.com's Web Service participates in a service of Quick-Host.com's Web Service which provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of
the assigned Domain Name, but
not the IP address to which it was assigned by Quick-Host.com's Web Service.
6. Compliance with all Laws
- Customer agrees to use the service in a manner consistent with any and
all applicable laws and regulations of the United States of America, the Commonwealth of Virginia, State of California, and the Customer's locality. Reproduction or transmission of
any material in violation of any local, state, U.S., or international
law or regulation is prohibited. The Customer agrees that any material to
be reproduced or transmitted on Quick-Host.com's Web Service's service through Customer 's
account(s) does not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or
contain anything obscene, libelous or threatening. Software intended
to facilitate any such violations or infringements may not be stored
on Quick-Host.com's Web Service. The Customer shall defend, indemnify and hold harmless Quick-Host.com's Web Service from
and against any claims, liabilities and expenses, including attorney
fees, resulting from any Customer's use of the Quick-Host.com's Web Service service or a Customer's
account in an unlawful manner or otherwise in violation of or contrary
to the Customer's Agreement with Quick-Host.com's Web Service or Quick-Host.com's Web Service's Acceptable Use Policies.
At Quick-Host.com's Web Service's discretion, Quick-Host.com's Web Service may revoke any Customer's access to Quick-Host.com's Web Service
services or accounts for inappropriate usage.
7. Unacceptable Conduct
- The following types of conduct are grounds for immediate suspension of
service pending investigation by Quick-Host.com's Web Service and may result in termination of
the account(s) the investigation determines to have originated or
transmitted these types of traffic. In addition, Quick-Host.com's Web Service reserves the
right, where feasible, to implement technical mechanisms which block
multiple postings by a Quick-Host.com's Web Service Customer as described in (a) and (b) below
before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an
excessive number of newsgroups (i.e., more than 20) or continued
posting of articles which are off-topic according to
the newsgroup charter, or which provoke complaints from the
regular readers of the newsgroup for being inappropriate).
(b) Sending unsolicited mass E-Mailings (i.e., to more than 25 users)
which provoke complaints from the recipients.
(c) Engaging in either (a) or (b) from a provider other than Quick-Host.com's Web Service and
using an account on Quick-Host.com's Web Service as a mail drop for responses, or to draw
attention to a web site housed within Quick-Host.com's Web Service's networks.
(d) Continued harassment of other individuals on the Internet after
being asked to stop by those individuals and/or by Quick-Host.com's Web Service.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail
to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user
name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with
any other Internet service. (This does not preclude the use of
nicknames in IRC or the use of anonymous remailer services.)
(g) Privacy violations: Attempts, whether successful or not, to gain
access to any other system or users' private data without express
consent of the user.
(h) Use of IRC bots or clonebots on Quick-Host.com's Web Service, whether on IRC servers
controlled by Quick-Host.com's Web Service or by other parties. An IRC bot is a program
which runs and is connected to an IRC server 24 hours a day,
automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the
regular workings of Quick-Host.com's Web Service's systems or network connections or which
adversely affect the ability of other people or systems to use Quick-Host.com's Web Service
services or the Internet, including, but not limited to:
- any unauthorized attempts by a user to gain root access or
access to any account not belonging to that user on this or any other Quick-Host.com's Web Service
system;
- any use of this or any other Quick-Host.com's Web Service system as a staging
ground to disable other systems.
(j) Any activity which violates the laws or statutes of the United States or the Commonwealth of Virginia, and the State of California.
8. Excess Utilization of System or Network Resources
- Quick-Host.com's Web Service account descriptions in some cases may specify limits on
bandwidth, CPU and disk utilization for certain types of Customers,
and use up to these limits is included in the price for that type of
Customer. In the event Quick-Host.com's Web Service determines that a Customer is exceeding
the bandwidth, CPU and/or disk utilization limits, the Customer will
be notified by E-Mail. If the excess use continues for more than 48
hours after such notification, the Customer may be requested to
upgrade to a web hosting service agreement or to modify the activity
creating the excess use. If excessive bandwidth, CPU or disk space
utilization is determined by Quick-Host.com's Web Service to adversely affect Quick-Host.com's Web Service's ability
to provide service for all customers, immediate action may be taken to
alleviate the problem. In such event, the Customer will be notified
by E-Mail as soon as practicable.
9. Compliance with Rules of Other Networks
- Any access to other networks connected to Quick-Host.com's Web Service's Internet service must
comply with the rules for that other network as well as with Quick-Host.com's Web Service's
rules.
10. Monitoring/Privacy
- Quick-Host.com's Web Service reserves the right to monitor any and all communications through
or with Quick-Host.com's Web Service facilities. Customer agrees that Quick-Host.com's Web Service is not considered
a secure communications medium for the purposes of the Electronic
Communications Privacy Act, and that no expectation of privacy is
afforded. It may become necessary for Quick-Host.com's Web Service employees to examine
system accounting logs and other records to determine if privacy
violations or other network unfriendly activities have occurred. Quick-Host.com's Web Service
also reserves the right to access a Customer's mailbox or other files
stored on Quick-Host.com's Web Service systems to resolve system problems or mail system
errors.
11. Cooperation with Authorities
- Quick-Host.com's Web Service reserves the right to cooperate with law enforcement and other
authorities in investigating claims of illegal activity including, but
not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other
illegal activity.
12. Confidentiality of Personal Subscriber Information
- Quick-Host.com's Web Service will not release a Customer's personal subscriber information,
nor a Customer's billing information, to any third party except upon
presentation of a valid court order of a government or entity within
our jurisdiction. Customer agrees that Quick-Host.com's Web Service's judgment as to the
validity of any court order of subpoena shall be considered proper
and final.
13. Quick-Host.com's Web Service's Right to Suspend or Cancel Account
- Quick-Host.com's Web Service reserves the right to suspend or cancel service to a Customer at
any time and without notice, for any reason, including, but not
limited to, refusal or failure to pay for services provided or by
sole judgment of Quick-Host.com's Web Service that the Customer may be performing activities
harmful to Quick-Host.com's Web Service or its Customers, employees, vendors, business
relationships or any other users of the Internet.
14. Right to Damages
- Quick-Host.com's Web Service reserves the right to collect damages (software, hardware and man
hours) if any harm is done to Quick-Host.com's Web Service which requires repair or
reconfiguration of any kind.
15. Other Remedies/Non-Waiver
- Nothing contained in these policies shall be construed to limit
action Quick-Host.com's Web Service may take or remedies available to Quick-Host.com's Web Service in any way with
respect to any of the described conduct. Quick-Host.com's Web Service reserves the right to
take any additional actions Quick-Host.com's Web Service may consider appropriate with respect
to such conduct, including without limitation taking action to recover
the costs and expenses of identifying offenders and removing them from
the Quick-Host.com's Web Service service, and levying cancellation charges to cover Quick-Host.com's Web Service's
costs in the event of disconnection of dedicated access for the causes
outlined above. In addition, Quick-Host.com's Web Service reserves at all times all rights
and remedies available to Quick-Host.com's Web Service with respect to such conduct at law or
in equity. Non-enforcement of any policy or rule herein does not
constitute consent or waiver, and Quick-Host.com's Web Service reserves the right to enforce
such policy or rule at its sole discretion.
16. Quick-Host.com's Web Service's Right to Change Service
- Quick-Host.com's Web Service reserves to right to change without notice the Quick-Host.com's Web Service service,
including, but not limited to, access procedures, hours of operation,
menu structures, commands, documentation, vendors and services
offered.
17. Quick-Host.com's Web Service's Right to Modify its Acceptable Use Policies
- Quick-Host.com's Web Service may modify its Acceptable Use Policies upon notice published
online via Quick-Host.com's Web Service. Customer's use of Quick-Host.com's Web Service services after such notice
shall constitute Customer's acceptance of the modifications to these
policies.
Questions should be directed to question@quick-host.com.
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