Quadaces is a Web Presence Provider. User accounts on our Internet servers are
subject to compliance with the terms and conditions set forth below. Under the
terms of this agreement, your placement of information on Quadaces's servers is
an acknowledgement that you have read and understood this agreement, and that
you agree to be bound by the terms and conditions below. If you do not wish to
be bound by these terms and conditions, you should not proceed to place any
information of any kind on Quadaces's servers.
Quadaces ("The Company") agrees to furnish services to the Subscriber,
subject to the following TOS (Terms of Service).
Use of Quadaces Service constitutes acceptance and agreement to Quadaces AUP
as well as Quadaces's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of
Quadaces 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.
- USER CONDUCT
- Quadaces's services may only be used for lawful purposes. Any use of
these services which violates any local, state, federal, or
international laws which may apply to Quadaces, your local jurisdiction,
or any jurisdiction that you or your site may be subject to is strictly
prohibited.
- While using the service, you may not:
- Restrict or inhibit any other user from using and enjoying the
Internet;
- Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, offensive, indecent, pornographic, profane, or
otherwise objectionable information of any kind, including without
limitation any transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, federal or
international law, including without limitation the U.S. export
control laws and regulations, and laws protecting intellectual
property including copyright, trademark, trade secret,
misappropriation and anti-dilution laws;
- Post, publish, transmit, reproduce or distribute any information
or software which contains a virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way
exploit any information, software, or other material obtained
through the service for commercial purposes (other than as expressly
permitted by the provider of such information, software, or other
material);
- INDEMNIFICATION
- You agree to indemnify, defend, and hold harmless Quadaces from any
and all liability, penalties, losses, damages, costs, expenses,
attorneys' fees, causes of action or claims caused by or resulting
indirectly from your use of the service which damages either you,
Quadaces, or any other party or parties without limitation or exception.
This indemnification and hold harmless agreement extends to all issues
associated with your account, including but not limited to domain name
selection and Web Site content.
- Quadaces wishes to emphasize that in agreeing to the Computer
Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS),
customer indemnifies Quadaces for any violation of the Acceptable Use
Policy (AUP) and Terms of Service (ToS) that results in loss to Quadaces
or the bringing of any claim against Quadaces by any third-party. This
means that if Quadaces is sued because of a customer's or a customer of
a customer's activity, the customer will pay any damages awarded against
Quadaces, plus all costs and attorney's fees.
- REFUSAL OR DISCONTINUANCE OF SERVICE
- Quadaces reserves the right to refuse or discontinue service to
anyone at Quadaces's sole discretion. Quadaces may deny you access to
all or part of the service without notice if you engage in any conduct
or activities that Quadaces in its sole discretion believes violates any
of the terms and conditions in this agreement. Quadaces shall
have no responsibility to notify any third-party providers of services,
merchandise, or information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification. You agree
that Quadaces has the right to monitor the service electronically from
time to time and to disclose any information as necessary to satisfy the
law, or to protect itself or its subscribers. Quadaces reserves the
right to refuse to post or to remove any information or materials, in
whole or in part, that, in its sole discretion, are unacceptable,
undesirable, or in violation of this agreement.
- Suspension of Service or Cancellation: Quadaces reserves the right
to suspend network access to any customer if in the judgment of the
Quadaces 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 Quadaces 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.
- NO WARRANTIES
- Quadaces makes no warranties or representations of any kind for the
services being offered. The service is provided on an "as is" and "as
available" basis without warranties of any kind, either express or
implied, including but not limited to warranties of title,
noninfringement, or implied warranties of merchantability or fitness for
a particular purpose. No advice or information given by Quadaces or its
agents or employees shall create a warranty. Quadaces provides no
warranty that the service will be uninterrupted or error free or that
any information, software or other material accessible on the service is
free from viruses or other harmful components. Under no circumstances
shall Quadaces be liable for any direct, indirect, special, punitive, or
consequential damages that result in any way from your use of or
inability to use the service, or for third parties' use of the service
to access your Web space, or to access the Internet or any part thereof,
or your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service, or that
result from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation or transmission, or any failure of
performance. If you are dissatisfied with Quadaces service or any of its
terms, conditions, rules, policies, guidelines, or practices, your sole
and exclusive remedy is to discontinue using the service.
- You understand that by placing information on Quadaces's servers
that such information becomes available to all Internet users and that
Computer Solutions has no way of limiting or restricting access to such
information or protecting such information from copyright infringement.
You assume total responsibility and risk for your use of Quadaces's
servers and the Internet. It is solely your responsibility to evaluate
the accuracy, completeness, and usefulness of all opinions, advice,
services and other information, and the quality and merchantability of
all merchandise provided through Quadaces or on the Internet generally.
- ECPA NOTICE
- Quadaces reserves the right to monitor any and all communications
through or with our facilities. You agree that Quadaces is not
considered a "secure communications medium" for the purposes of the ECPA,
and that no expectation of privacy is afforded.
- IDENTIFICATION INFORMATION
- You agree that you, as the person legally responsible for use of
this account, are at least 18 years of age. You agree to supply Quadaces
with a current and truthful name, postal address and telephone number
for our records, and you have a continued obligation to keep this
information current. You also agree that you are an authorized user of
any credit card that you supply to us and agree that we have an
obligation to fully investigate any possible fraudulent credit card use.
- NO INTERFERENCE WITH OPERATION OF SYSTEM
- You agree not to maliciously or intentionally interfere with the
proper operation of the system, including but not limited to defeating
identification procedures, obtaining access beyond that which you are
authorized for, and impairing the availability, reliability, or quality
of service for other customers. You further agree not to interfere with
the proper operation of other systems reachable through the Internet,
including any attempt at unauthorized access. You agree to follow the
Acceptable Use Policy of any network or service you connect to.
- You agree to adhere to system policies as published online by
Quadaces, including restrictions on services available with each account
type, restrictions on certain features, and all other policies designed
to protect and enhance the quality and reliability of service at
Creative Insusions. You agree to abide by any and all future Quadaces
policy decisions.
- SECURITY
- You agree that the security of your account is solely your own
responsibility. You further agree that if you believe the security of
your account has been compromised in any way, you will notify Quadaces
immediately in writing by registered mail, with return receipt, to
Quadaces, 3635 Dame St Port Orange FL. 32129. You shall be held fully
responsible for any misuse or compromise to your account for which
Quadaces is not properly notified. You agree not to provide or share
access to your account to any third party, and that you are responsible
for any use of your account by any party to whom such access has been
provided. You agree that certain features of your account (e.g.,
FrontPage webs, additional FTP logins) which may be used to provide
shared access to your account are not to be used to resell services to
third parties, and that you are responsible for the actions of any party
which utilizes those features. You agree that if any security violations
are believed to have occurred in association with your account, Quadaces
has the right to suspend access to the account pending an investigation
and resolution. You also agree that Quadaces has the right to cooperate
in any government or legal investigation regarding any aspect of our
services, including services sold to you. Any use of our system to
engage in software piracy or other violations of law will result in
account suspension and will be immediately reported to the appropriate
authorities.
- BACKUP OF DATA
- Your use of the service is at your sole risk. Quadaces is not
responsible for files and data residing on your account. You agree to
take full responsibility for files and data transferred and to maintain
all appropriate backup of files and data stored on Quadaces servers.
- TRANSMITTAL OF MATERIALS
- You agree not to transmit unsolicited or prohibited advertising or
other harassing or illegal materials through electronic mail, Usenet
postings, or other Internet media. The use of Quadaces or any other
service with reference to services obtained through Quadaces, for
unsolicited mass mailings, postings, or other activities considered an
annoyance to others, commonly referred to as "spamming" is strictly
prohibited and may cause your services to be terminated immediately and
without warning and you will be held fully responsible for any damages
to you, Quadaces, or any other party or parties resulting from any such
conduct.
- PAYMENT
- You agree to supply appropriate payment for the services received
from Quadaces, in advance of the time period during which such services
are provided. You agree that all setup fees are non-refundable once
setup is completed. You agree that until and unless you notify Quadaces
of your desire to cancel any or all services received, those services
will be billed on a recurring basis. You agree that if you are paying by
credit card, prepayments will be billed and charged automatically, and
that Quadaces may apply the amount due to the provided card at
any time. You agree, that after 30 days, Quadaces is under no obligation
to provide refunds, in the event of account termination.
- PRIOR AGREEMENTS
- This agreement supersedes any written, electronic, or oral
communication you may have had with Quadaces or any agent or
representative thereof, and constitutes the complete and total agreement
between the parties.
- SEVERABILITY
- If any provision of this agreement is determined to be invalid or
unenforceable, all other provisions shall remain in full force and
effect and said provision shall be reformed only to the extent necessary
to make it enforceable.
- APPLICABLE LAW, JURISDICTION, AND SERVICE
- This agreement shall be governed by the applicable laws of the State
of Florida, USA ("Florida") and the United States of America. Customer
further agrees that the Court of Volusia County, Florida, shall have
personal jurisdiction over Customer and exclusive subject matter
jurisdiction over any and all controversies or claims arising from or
relating to this agreement or the services provided by Quadaces.
Customer agrees to accept service of process related to this agreement
by ordinary mail, postage prepaid, to the most recent address provided
by Customer.
- ACKNOWLEDGEMENT
- By placing and continuing to maintain or place information on
Quadaces servers you are stating and acknowledging that you have read
the aforementioned terms and conditions and that you understand such
terms and conditions and agree to be bound by them.
- 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 Quadaces 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 is aware that the Company may prospectively change
the specified rates and charges from time to time. The promotional offer is
contingent upon Company 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: Credit cards that are declined for any reason are
subject to a $1.00 declination fee. Service will be interrupted on accounts
that reach 15 days past due. Service interrupted for nonpayment is subject
to a $200 reconnect charge. Accounts not paid by due date are subject to a
$7.95 late fee. Accounts that are not collectable by Quadaces 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.
- Refund and Disputes: All payments to Quadaces are nonrefundable. This
includes the one time setup fee and subsequent charges regardless of usage.
All overcharges or billing disputes must be reported within 60 days of the
time the dispute occurred. If you dispute a charge to your credit card
issuer that, in Quadaces's sole discretion is a valid charge under the
provisions of the TOS and /or AUP, you agree to pay Quadaces 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.
- Account Cancellation: All requests for canceling accounts must be made
in writing with at least 30 days notice but not more than 60 days prior
written notice and sent to Quadaces Attn: Quadaces 812 Oleander Ave. Holly
Hill FL. 32117 or you may call 386-322-7999 or fax the cancellation
request to 386-322-7999. You must have all account information to cancel.
- 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 webhosting accounts involving new domains
will be set up and entered into our DNS servers within 3 to 5 business days.
Due to unforeseen complications, however, this process may sometimes require
up to 7 business days. If the new domain is registered by the account
holder, there will be no handling fee. If the domain is registered by
Quadaces on behalf of the account holder a handling fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve the transfer
of a domain from another provider to Quadaces will require a minimum of
seven (7) days to be set up and entered into our DNS servers. In some cases,
such transfers may take up to sixty (60) days. 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 Quadaces 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: Quadaces, 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: Quadaces provides
support related to your server or virtual site physical functioning.
Quadaces does not offer tech support for application specific issues such as
cgi programming, html or any other such issue. Quadaces does not provide
technical support for YOUR customers. If you can email, we encourage you to
email -
- for
assistance. If you are able to get online and have other questions, the
answers may be on our home page at
http://www.quadaces.us - we encourage you to check there first. Lastly,
the Help files in the program you are using may have the answer to your
question so please do investigate these resources before calling tech
support.
- SPAM and Unsolicited Commercial Email (UCE): Quadaces 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 Computer
Solutions may not use or permit others to use our network to transact in UCE.
Customers of Quadaces may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. Violations of
this policy carry severe penalties, including termination of service.
- Violation of Quadaces's SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Quadaces
will initiate an immediate investigation (within 48 hours of
notification). During the investigation, Quadaces may restrict customer
access to the network to prevent further violations. If a customer is
found to be in violation of our SPAM policy, Computer Solutions may, at
its sole discretion, restrict, suspend or terminate customer's account.
Further, Quadaces reserves the right to pursue civil remedies for any
costs associated with the investigation of a substantiated policy
violation. Quadaces 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 Quadaces
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 Quadaces network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
- Network
- IP Address Ownership: If Quadaces assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to Quadaces, and Customer shall have
no right to use that Internet Protocol address except as permitted by
Quadaces in its sole discretion in connection with the Services, during
the term of this Agreement. Quadaces shall maintain and control
ownership of all Internet Protocol numbers and addresses that may be
assigned to Customer by Quadaces, and Quadaces 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 bandwidth and disk
usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed Usage").
Computer Solutions will monitor Customer's bandwidth and disk usage.
Quadaces shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action
may include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this
Agreement, which actions may be taken is in Quadaces's sole and absolute
discretion. If Quadaces 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.
- System and Network Security: Users are prohibited from violating or
attempting to violate the security of the Quadaces Network. Violations
of system or network security may result in civil or criminal liability.
Quadaces 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.
- Notification of Violation:
- Quadaces 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 Quadaces 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
Computer Solutions's discretion to a temporary suspension pending a
User's agreement in writing, to refrain from any further violations.
- Second Violation: Users that Quadaces 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.
- Quadaces reserves the right to amend its policies at any time. All
Sub-Networks, resellers and managed servers of Quadaces 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.
- Miscellaneous Provisions: You must provide us with, and keep current,
good contact information for you. E-mail, 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.
- Quadaces takes no responsibility for any material input by others
and not posted to the Quadaces Network by Quadaces. Quadaces is not
responsible for the content of any other websites linked to the Quadaces
Network; links are provided as Internet navigation tools only. Quadaces
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.
- Quadaces is not responsible for any damages your business may
suffer. Quadaces does not make implied or written warranties for any of
our services. Quadaces 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 Quadaces.
- IRC Servers: Quadaces subscribers are not permitted to run IRC servers.
- Adult Content: - Adult Content or links to Adult Content are not
permitted on Quadaces Servers.
- Pirated Software / Warez or links to pirated software / warez are not
permitted on Quadaces Servers.
- Occult / Pagan / Satanic sites are not permitted on Quadaces as they
could be considered harmful to certain age groups or various groups of
people.
- All services provided by Quadaces may 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 prohibited.
This includes, but is not limited to, copyrighted material, material we
judge to be threatening or obscene or material protected by trade secret or
other statute. The subscriber agrees to indemnify and hold harmless Quadaces
from any claims resulting from the use of the service that damages the
subscriber or any other party. All pornographic content and sex-related
merchandising is prohibited on all Quadaces servers. This includes sites
that may infer sexual content or links to adult content elsewhere. Also
prohibited are sites that promote any illegal activity or present content
that may be damaging to Quadaces servers or any other server on the
Internet. Links to such materials are also prohibited.
- Quadaces will be the sole arbiter in determining violations of all
provisions in this TOS and the Quadaces AUP.
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