The use of paid hosting services from Quadcone constitutes an agreement by the customer to the terms outlined below.
The initial service term of the agreement shall begin on the date that Quadcone generates an e-mail message announcing the activation of the account (the “Service Commencement Date”) and shall continue either monthly or annually depending on the term picked by the customer. Upon expiration of the initial term, this agreement shall automatically renew for the same length as the initial term unless Quadcone or the customer provides the other with written notice of non-renewal at least one (1) days prior to the expiration of the initial term or the then-current renewal term, as applicable. The initial term and any renewal term may be referred to collectively in this agreement as the “Term.”
02. CANCELLATION & REFUNDS
Quadcone reserves the right to cancel any service provided at any time. In this event customers will be entitled to a prorated refund based upon the remaining period of service. If a customer contravenes Quadcone’s terms of service, a refund will not be issued in the event of a cancellation by Quadcone or the customer. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable, this includes all monthly and yearly services. Under no circumstance will license fees such as cPanel be refunded. Customer agrees to submit all cancelations atleast 24 hours prior to the next billing date of the service. Failure to pay will result in suspension up to termination of services and the balance being turned over to an outside collection agency for recovery. The only acceptable methods of cancellation are a ticket submitted via the billing system or cancellation submitted via the billing system.
03. CONTENT RESTRICTIONS
- 01File or Image Hosting Sites
- 03Download scripts such as but not limited to Rapidleech and TorrentFlux
- 04Scripts that run continuously
- 05Scripts that run unattended or could be considered daemons
- 06IRC Bots
- 07Anything that would be considered illegal under US law
04. UNMETERED RESOURCES, LIMITS, AND RULES
- 01May not use more than 820MB of memory combined between processes
- 02May not have more than 10 processes running at any given time.
5.1. Fee Increases
5.2. Early Termination
06. LAW / AUP
Customer agrees to use the service in compliance with applicable law and Quadcone’s Acceptable Use Policy posted at http://Quadcone.com/aup.php (the “AUP”), which is hereby incorporated by reference in this agreement. Customer agrees that Quadcone may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on customer’s use of the services. Amendments to the AUP are effective on the earlier of Quadcone’s notice to the customer that an amendment has been made, or the first day of any renewal term that begins subsequent to the amendment. Customer agrees to cooperate with Quadcone’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Quadcone and the customer regarding the interpretation of the AUP, Quadcone’s commercially reasonable interpretation of the AUP shall govern.
07. CUSTOMER INFORMATION
Customer represents and warrants to Quadcone that the information he, she or it has provided and will provide to Quadcone for purposes of establishing and maintaining the service is accurate. Quadcone may rely on the instructions of the person listed as the primary customer contact on the order with regard to customer’s account until customer has provided a written notice changing the primary customer contact.
Customer agrees to indemnify and hold harmless Quadcone, Quadcone’s affiliates, and each of their respective officers, directors, agents, and employees from and againstany and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of customer’s services in violation of applicable law or the AUP by customer or any person using customer’s log on information, regardless of whether such person has been authorized to use the services by customer.
09. DISCLAIMER OF WARRANTIES
Quadcone DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Quadcone DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
10. LIMITATION OF DAMAGES
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Quadcone AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
11. SUSPENSION / TERMINATION
11.1. Suspension of Service
- 01Quadcone reasonably believes that the services are being used in violation of the AUP.
- 02Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
- 03Quadcone reasonably believes that the suspension of service is necessary to protect its network or its other customers, or as requested by a law enforcement or regulatory agency.
- 04Customer shall pay Quadcone’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
11.2. Termination of Service
The Agreement may be terminated by Customer prior to the expiration of the initial term or any renewal term without further notice and without liability if Quadcone fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The agreement may be terminated by Quadcone prior to the expiration of the initial term or any renewal term without further notice and without liability as follows:
- 01Upon ten (10) days notice if Customer is overdue on the payment of any amount due under the agreement;
- 02Customer materially violates any other provision of the agreement, including the AUP, and fails to cure the violation within seven (7) days of a written notice from Quadcone describing the violation in reasonable detail;
- 03Upon one (1) days notice if Customer’s service is used in violation of a material term of the AUP more than once, or
- 04upon one (1) days notice if Customer violates Section 7 (Customer Information) of this agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
12. REQUEST FOR CUSTOMER INFORMATION
- 01Report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Quadcone believes violates applicable law, and
- 02Provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
13. BACKUP POLICY
Customer agrees to maintain a current copy of all content hosted by Quadcone notwithstanding any agreement by Quadcone to provide backup services.
14. ABUSIVE BEHAVIOR
At Quadcone we do not tolerate abusive behavior toward our company or staff. If a customer continues to act in an abusive way towards our staff or company after a warning all active services will be suspended and communication with the customer terminated without refund.
15. SPAM / MASS EMAIL POLICY
Under no circumstance may any Quadcone services be used to send unsolicited Email. Mass Emailing is strictly forbidden for anypurpose without prior approval by a senior administrator. Any user found to be in violation of this policy will have their service suspended or terminated without notice. If a blacklisting occurs while an IP address is under a user’s control their service will be immediately and permanently suspended with prior notice.
16. DISPUTES / CHARGEBACKS
By threatening to and\or opening a dispute for payments made to Quadcone all communication from Quadcone will cease and active services will be permanently suspended. Once a dispute is threatened or opened Quadcone will only communicate with the customer via options provided by the payment provider or by certified postal mail. All services and payments will be forfeited regardless of the outcome of the dispute. All chargebacks will have a minimum administrative fee of $75 added to the account with a maximum amount not to exceed $250.
17. CHANGES TO QUADCONE'S NETWORK
Upgrades and other changes in Quadcone’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Quadcone reserves the right to change its network in its commercially reasonable discretion, and Quadcone shall not be liable for any resulting harm to Customer.
18. FORCE MAJEURE
Quadcone shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Quadcone’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
19. GOVERNING LAW / DISPUTES
The Agreement shall be governed by the laws of the State of Wyoming, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN WYOMING, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.