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30-day Money Back Guarantee!
If you are not
completely satisfied with your web hosting or reseller program, just cancel your service in the
first 30 days and you
will receive a full refund (less setup costs). We are that confident that
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Legal
Information
Privacy
Policy
Terms of Service
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Terms of Service:
Qhosting.net follows the strict guidelines of our customer privacy statement. Please make sure you understand the privacy
statement fully.
Qhosting.net provides Internet World Wide Web page hosting, and development. Qhosting.net has certain legal and ethical responsibilities consisting with the use of
its server and equipment involved in these services.
Qhosting.net general policy is to act as a provider of Internet presence. Qhosting.net has specific ethical concerns regarding the use of its computers detailed
below. Qhosting.net reserves the right to suspend or cancel a customer's access to any or all services provided by Qhosting.net when we decide that the account has
been inappropriately used.
Because Qhosting.net offer unlimited hosting for our reseller their are some restrictions that we must address:
After 25 Domains..
Each account is limited to 25 domain names BUT then we can set you up a second set of 25 domains for only 24.95 month, after 200 domains each acct for 100 domains will
only cost you 25.95 month..
No Resellers:
As a reseller with Qhosting.net, you can NOT have resellers under you. You can not offer your clients the opportunity to resell unlimited domain and web
space. If you are hosting multiple account for one client at one low price, then this is acceptable, however, you can not allow them to resell accounts for you.
Any Qhosting.net reseller caught trying to allow customer to resell for you at one low price will be immediately terminated and will
not be notified of termination. Also, there will be NO refund made due to termination.
Server Abuse:
Any attempt to undermine or cause harm to a server, or customer, of Qhosting.net is strictly prohibited.
Unauthorized use of other people's accounts or computers is prohibited. Qhosting.net will strongly react to any use or attempted use of an Internet account or
computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password robbery,
security hole scanning, etc.
Any unauthorized use of accounts or computers by a Qhosting.net customer, whether or not the attacked account or computer belongs to Qhosting.net, will result in
action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness
of the attack.
IMPORTANT NOTE - Qhosting.net has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below
WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. Customers may not
run IRC, bots or clients. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content,
illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by Qhosting.net to be
unacceptable use of Qhosting.net's services including abuse of server resources.
Accounts may be terminated that include the following content or which have links to the following content:
Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity Promoting or providing
instructional information about illegal activities, or promoting physical harm or injury against any group or individual Displaying material containing obscene
nudity or pornographic material Displaying material that exploits children under 18 years of age Acts of copyright infringement including offering pirated computer
programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software
programs, or any type of cracker utilities
Abuse of Traffic and Bandwidth:
Qhosting.net's resellers are offered unlimited traffic for their Hosting web sites. Each of the Domains in the resellers acct are limited to 10 GB month. The
intention of Qhosting.net is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html)
must be 'linked' with files (.GIF, .JPEG, etc.) stored on Qhosting.net's server. Web sites that are found to contain no html documents and/or a large
number of unlinked files are subject to warning, suspension or cancellation at the discretion of Qhosting.net management. Any customer who violates
Qhosting.net's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the
allotted period, the client will be billed for the overages.
To maintain the integrity of our service the following limitations apply:
Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files
transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of there monthly traffic is from file downloads). Sites using
more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).
Bandwidth is advertised as unlimited for the resellers...but it is closely monitored , all websites in the reseller accounts cannot go over 10 GB per month.
Thereafter, normal data transfer cost of $10.00/1GB/month and will be billed to your reseller account. . It is the customers responsibility to monitor
bandwidth usage. You will receive an e-mail notice when you have gone over your allotted bandwidth. Qhosting.net may temporarily disable your website, until contact
is made with the client, if Qhosting.net deems the bandwidth overage excessive. You will have 7 days to pay for your overages before the account is sent to
collections.
Qhosting.net will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam):
Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are
unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the
newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is
particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless
the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium. Upon your first
Spam offense your mail will be disabled for 48 hours. Upon your second Spam offense your entire domain will be disabled for 48 hours and you will be fined $200.00
per sent Spam. Upon your third offense your account with Qhosting.net will be terminated, you will be fined $400.00 per sent Spam. No refunds will be given if
your account is terminated for Spam.
CGI Scripts:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal
server operation without prior warning.
Abuse of SMTP Mail Server:
We do not allow clients to send more than 2000 pieces of e-mail per day. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold
for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will need to be moved to a special server.
Please contact admin@Qhosting.net to have your domain moved.
Background Running Programs:
Please do not allow background programs to run. It uses our processing power and any accounts that run programs in the background may be subject to an
additional charge of $100.00 per month to cover the cost of upgrading the processor so other accounts will run properly.
IRC:
We currently do not allow IRC or IRC bots to be operated on our servers.
Payment Policies:
All accounts are set up on a month to month basis. All pricing is guaranteed for the term of monthly payments. Qhosting.net reserves the right to change prices at
any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way
is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies
Qhosting.net by email (cancellation@Qhosting.net) requesting termination of services. All payment is in U.S. currency. Qhosting.net will bill each client $50 per
returned check and $50 per wire transfer received. Another charge of $25.00 will be incurred for all credit cards that are declined. The client
will be notified if a credit card declines and payment arrangements must be made within 3 working days or the account will be disabled.
Cancellation:
Qhosting.net reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Qhosting.net if Qhosting.net
institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Qhosting.net's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the
first 30 days of service, you will be given a full refund of the service amount. For web hosting services of 1 months or less, the full contract amount less any
overages will be refunded if Qhosting.net is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not
apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional IP's, additional pop accounts, etc.
Cancellation of service, must be done as the following:
Send an email to webmaster@Qhosting.net with your domain name, username, password, and a full statement allowing us to cancel
service.
Your files WILL BE DELETED when we receive this email. Phone or email requests will not constitute acceptance of any cancellation and a refund will NOT be given if
cancellation is not properly requested. Refunds will be made by company check if a refund is due.
Lawful Purpose:
Qhosting.net reserves the right to refuse service to anyone. Customers may only use Qhosting.net server for lawful purpose. Transmission of any material in violation
of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or
obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Qhosting.net
management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Batesville,
Mississippi, and any dispute will be litigated or arbitrated in Reno, Nevada, The parties waive any objection based on inconvenient forum in the context any manner
of dispute resolution commenced within the County of Panola.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Qhosting.net HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING
REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Qhosting.net, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR
PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS
Qhosting.net AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH
Qhosting.net'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT
INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Qhosting.net'S SERVERS. Qhosting uses an ICANN accredited registrar
(Its Your Domain.com).
This Registration Agreement, ("Agreement"),
sets forth the terms and conditions agreed to between
you (whether directly or through your agent, or as an
agent for another person or entity), and Qhosting and
It's Your Domain.com relating to the registration,
renewal, transfer, or modification of one or more
.com. .net, .org, .info, or .biz Top Level Domain Name
("TLD's") in both roman-alphabet languages
and non-roman alphabet languages (e.g. Japanese,
Korean, Chinese Traditional and Chinese Simplified).
In this Agreement, "Registrar",
"we", "us", and "our"
shall refer to Qhosting and
"Registrant", "you",
"your", or "Customer" shall refer
to the person or entity that is using Qhosting registration services.
You (whether directly or through your agent, or as an
agent for another person or entity) acknowledge that
you have read, understood and agree to be bound by all
the terms and conditions of this Agreement.
1. FEES
You agree that upon submission of your domain name
registration application, domain name renewal
application, or registrar transfer application, to pay
us our then current service fees as set forth in our price
schedule. We
reserve the right to prospectively change our fees or
to institute new fees at any time, for any reason, at
our sole discretion and you agree to be bound by any
fee increase. You agree to pay all value added, sales
and other taxes (other than taxes based on Qhosting’s income) related to
Qhosting’s services or payments made by you
hereunder.
1.1 Domain purchasing fees are Non-Refundable. All
fees are due at the time of registration and are
non-refundable, in whole or in part, even if the
domain name registration is suspended, cancelled or
transferred prior to the end of the registration
term.
1.2 Renewal Notice and Fees. You will be notified
via email that renewal fees are due at least thirty
(30) days prior to the expiration date of a domain
name registration. You will receive additional
notifications as the expiration date approaches. All
emails will be sent to the email address of the
domain name account holder and the billing contact.
You are required to keep the email address of the
domain name account holder and the billing contact
current. We are not responsible for the loss or
misdirection of the email expiration notices,
including but not limited to, emails lost due to an
invalid email address in our system, a spam filter
on the mail server, or any other impediment to
delivery. Emails are sent as a courtesy only- the
responsibilty of renewing a domain lies solely with
the account holder and/or registrant of the domain.
Any renewal of our services is subject to our then
current terms and conditions, the payment of all
applicable service fees at the time of renewal, and
the domain name registry's acceptance of the renewal
of your domain name registration.
5 days prior to expiration, your
domain will be placed on hold status, in preparation
for release. This will result in websites and email
not resolving for those 5 days. After this period,
should you fail to renew or cancel your domain name
registration by the expiration date, your domain
name registration shall AUTOMATICALLY EXPIRE and you
shall lose all rights in and to the expired domain
name. Expired domain names are routinely deleted on
a regular basis. There is no grace period and under
no circumstances will Qhosting be able to
renew the domain after the automatic expiration.
Although you will no longer be able
to renew your expired domain name, you can attempt
to re-register the expired domain name.
1.3 Credit Card Charge Backs. In the event of a
charge back by a credit card company or other
non-payment by you in connection with your
registration, renewal, or registrar transfer fee,
you acknowledge and agree that the domain name
registration shall be transferred to Qhosting, that
Qhosting shall be
deemed the entity that paid the registration,
renewal, or transfer fee, and that Qhosting shall have all rights regarding such domain name
including, but not limited to, the right to sell the
domain name to a third party. Qhosting may,
in its sole discretion, reinstate your domain name
registration upon its receipt of the registration or
renewal fee and a US $250 reinstatement fee.
2. REGISTRATION INFORMATION
You acknowledge and agree that in order for us to
provide you domain name registration and related
services, you must provide us with certain information
and that we will maintain certain information about
you and your registration.
2.1 Required Information
During the domain name registration process, you
must provide us the following ICANN required
information:
(a) The domain name being
registered;
(b) The IP addresses and the names of the primary
nameserver and the secondary nameserver for the
domain name;
(c) Your full name (or the name of the authorized
person for contact purposes if the domain holder is
an organization, association, or corporation),
postal address, email address, voice telephone
number, and fax number (if available) of the
administrative contact for the domain name;
(d) The full name, postal address, email address,
voice telephone number, and where available, fax
number for the administrative contact, technical
contact and billing contact for the domain name.
You acknowledge and agree to
immediately correct and update the registration
information for any domain name registered hereunder
during the registration term for such registered
domain name.
You also acknowledge and agree that when you renew a
domain name registration, the type of information
you are required to provide may have changed. If you
do not wish to provide the new required information,
we, in our discretion, may not renew your
registration.
2.2 Additional Registration Information
In addition to the information you are required to
provide in clause 2.1 of this Agreement, we maintain
additional information relating to your domain name
registration, including:
(a) the original creation date of a
domain name registration, renewal or request for
service;
(b) the submission date and time of a registration
or renewal application to us and by us to the
appropriate registry;
(c) communications constituting registration orders,
renewals, modifications, or terminations and related
correspondence;
(d) records of account, including dates and amounts
of all payments;
(e) the expiration date of the registration; and
(f) other information regarding all other activity
between you and us regarding your domain name
registration and related services.
2.3 Disclosure of Third Party Information
If in applying for the registration of a domain name
you are providing information about a third party,
or if you license a domain name registered in your
name to a third party, you hereby represent and
warrant that you have (a) provided notice to that
third party of the disclosure and use of that
party's information as set forth in this Agreement,
and (b) that you have obtained that third party's
express consent to the disclosure and use of that
party's information as set forth in this Agreement.
2.4 Obligation To Provide Accurate Information
You acknowledge and agree that any of the following
actions or in-actions shall constitute a material
breach of this Agreement and shall be a sufficient
basis for cancellation of your domain name
registration:
(a) your willful provision of
inaccurate or unreliable information;
(b) your willful failure to promptly update
information you provided to us, or
(c) your failure to respond for over ten (10)
calendar days to our inquires concerning the
accuracy of contact details associated with your
domain name registration.
2.5 Security
Our system utilizes 128 bit encryption technology to
send and receive information pertaining to the
registration, renewal, and transfer of a domain
name.
2.6 Disclosure and Use of Information
Qhosting will take reasonable precautions
to protect personal information obtained from
Registrant from loss, misuse, unauthorized access or
disclosure, alteration or destruction.
ICANN requires all accredited domain name registrars
to make domain name registration information
available in bulk form to third parties who agree
not to use it to (i) allow, enable or otherwise
support the transmission of mass unsolicited,
commercial advertising or solicitations via e-mail (spam)
or (ii) enable high volume, automated, electronic
processes that apply to our systems to register
domain names.
You acknowledge, consent and agree that the
information you provided Qhosting in the
domain name registration application will be: (i)
transmitted to the registry or registry
administrator for registry use; (ii) made publicly
available as required by ICANN; and (iii) used by
Qhosting for inclusion in databases
produced and used by Qhosting.
We agree that we will not process any Personal Data
collected from you, if any, in a way that is
incompatible with the purposes and other limitations
set forth in this Agreement.
Except for the ICANN required third-party bulk
access, Qhosting does not sell or intend to
sell access to the information it collects and
maintains during the domain name registration
process.
3. DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute
Policy (the "Dispute Policy"), as amended
from time to time, which is hereby incorporated and
made a part of this Agreement by reference.
3.1 Domain Name Dispute Policy
Modifications. You agree that we, in our sole
discretion, may modify our dispute policy. We will
post any modifications to our dispute policy on our
Web site at least thirty (30) calendar days before
it becomes effective. You agree to periodically
review our Web site to be aware of any such
modifications. No employee, contractor, agent or
representative of Qhosting is authorized to
alter or amend the terms and conditions of this
Agreement.
Your continued use of Qhosting as your domain name registrar or
the use of any of Qhosting's other domain
name services after the modifications to the Dispute
Policy becomes effective, shall constitute your
acceptance of those modifications. If you do not
agree to such modifications, you may terminate this
Agreement by written request and your domain name
will be cancelled or you may transfer your domain
name to another registrar. No refunds, in whole or
in part, will be provided for domain names that are
cancelled or transferred to another registrar.
3.2 Domain Name Disputes. You agree
that, if your use of our domain name registration
services is challenged by a third party, you will be
subject to the provisions specified in our dispute
policy in effect at the time of the dispute. You
agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions set
forth below in this Agreement.
If we are notified that a complaint has been filed
with a judicial or administrative body regarding
your use of our domain name registration services,
you agree not to make any changes to your domain
name record without our prior approval. We may not
allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive
notification by you and the other party contesting
your registration and use of our domain name
registration services that the dispute has been
settled. Furthermore, you agree that if you are
subject to litigation regarding your registration
and use of our domain name registration services, we
may deposit control of your domain name record into
the registry of the judicial body by supplying a
party with a registrar certificate from us. You
agree that we will comply with all court orders,
domestic or international, directed against you
and/or the domain name registration.
4. AGENTS
You agree that, if you are registering, renewing,
transferring, or modifying a domain name for someone
else, you represent that you have the authority to
nonetheless bind that person as a principal to all
terms and conditions provided herein, including the
Dispute Policy. You accept liability for harm caused
by wrongful registration, renewal, transfer or
modification of a domain name.
You agree that, if your agent (e.g., an Internet
Service Provider, employee, etc.) purchased our
service(s) on your behalf, you are nonetheless bound
as a principal by all terms and conditions herein,
including the Dispute Policy. Your continued use of
our services shall ratify any unauthorized actions of
your agent. By using your login name, account number
or password, or otherwise purporting to act on your
behalf, your agent certifies that he or she is
authorized to apply for our services on your behalf,
that he or she is authorized to bind you to the terms
and conditions of this Agreement and that he or she
has apprised you of the terms and conditions of this
Agreement, and that he or she is otherwise authorized
to act on your behalf. In addition, you are
responsible for any errors made by your agent.
5. LICENSE OF DOMAIN NAMES
You agree that if you license the use of our domain
name registration services to a third party, you
remain responsible for complying with all terms and
conditions of this Agreement, and you accept liability
for harm caused by such licensee's wrongful use of our
domain name registration services, unless you promptly
disclose the identity of such license upon request by
any person who provides reasonable evidence of
actionable harm.
6. REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more
domain name registration, in accordance with ICANN or
registry policy, from or to Qhosting.
Registrant also acknowledges and agrees that express
authorization from someone with apparent authority to
legally bind the domain name holder is required before
such a transfer can occur. You can authorize the
transfer of a registration to Qhosting by
completing the Registrar Transfer Application.
You agree that you shall not transfer your domain name
registration until sixty (60) days have elapsed from
the time of initial domain name registration. You
agree that the transfer of domain name registrations
may be refused if there is a dispute concerning the
domain name or the domain name holder's identity. You
further agree that you shall not transfer your domain
name registration to another registrar if there are
less than thirty (30) days remaining in your
registration term.
7. OWNERSHIP CHANGE
You may transfer your domain name registration to a
third party of your choice. You agree that in the
event you request the transfer of your domain name
ownership, you shall relinquish the domain name
registration being transferred, release Qhosting from all of its obligations under
this Agreement, and release Qhosting from any
and all liabilities, demands, and claims related to
such a transfer of domain name ownership.
8. MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with Qhosting or transferred a domain name to
Qhosting, you may change any of the domain
name registration information at any time. You must use
the Username and the Password that you selected when
you registered or transferred your domain name with
us. Please safeguard your Username and Password from
any unauthorized use. You must immediately notify us
of any unauthorized use of your Username or Password
and you are responsible for any unauthorized
activities, charges and/or liabilities made on or
through your Username or Password. In no event will
Qhosting be liable for the unauthorized use
or misuse of your Username or Password.
9. NO GUARANTY OF REGISTRATION, RENEWAL, OR IMMUNITY
FROM OBJECTION
You acknowledge and agree that Qhosting
cannot guarantee that you will be able to register or
renew a desired domain name because our ability to
provide services to you depends in part upon the
provision of services by third parties, such as a
registry. We cannot control and will not be
responsible for the actions or inactions of such third
parties. For example, a registry may reserve the right
to deny, cancel or transfer any domain name
registration under certain circumstances or there may
be inaccuracies or errors in the various WHOIS
databases. You acknowledge and agree that we shall not
be liable to you or any other party in connection with
claims, damages, losses, expenses or costs incurred or
suffered by you as a result of actions taken or not
taken by third parties.
You agree that, by registration of your chosen domain
name, such registration does not confer immunity from
objection to either the registration or use of your
domain name.
10. OWNERSHIP OF INFORMATION
You acknowledge and agree that Qhosting owns
all database, compilation, collective and similar
rights, title and interests worldwide in our domain
name and other proprietary information databases, and
all information and derivative works generated from
those databases.
11. REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the
statements that you made in connection with the
registration, renewal, management, or transfer of a
domain name are complete and accurate, and that any
future changes to this information will be provided to
us in a timely manner; (ii) to the best of your
knowledge and belief, neither the registration of the
domain name for which you have applied for, renewed,
managed, or transferred nor the manner in which you
intend to use the domain name you applied for,
renewed, managed, or transferred, directly or
indirectly infringes upon or otherwise violate the
legal or equitable rights of any third party; (iii) it
is your responsibility to determine whether your
domain name registration infringes or violates someone
else's rights; (iv) you are not registering, renewing,
managing, or transferring the domain name for an
unlawful purpose and you will not knowingly use the
domain name in violation of any applicable laws or
regulations; (v) you are of legal age to enter into
this Agreement; (vi) you agree to comply with all
applicable laws and regulations and (vii) you agree
that your use of our service(s) is solely at your own
risk and that all of our services are provided on an
"as is," and "as available" basis;
12. LIMITATION OF LIABILITY
You agree that our entire liability, and your
exclusive remedy, with respect to any Qhosting services provided under this
Agreement and/or for any breach of this Agreement is
solely limited to the amount you paid for such
service(s). YOU FURTHER AGREE THAT, REGARDLESS OF
CIRCUMSTANCES, Qhosting SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF Qhosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
RESULTING FROM THE USE OR INABILITY TO USE ANY OF
Qhosting'S SERVICES OR FOR THE COST OF
PROCURING SUBSTITUTE SERVICES. If a jurisdiction does
not allow the exclusion or limitation of liability for
consequential or incidental damages, then Qhosting's liability for consequential or
incidental damages in such jurisdiction is excluded or
limited to the extent permitted by law.
We disclaim any and all loss or liability to you, or
any other person or entity, resulting from, but not
limited to: (a) Suspension, loss, or modification of
your domain name registration; (b) Use of your domain
name registration; (c) Interruption of your business;
(d) Access delays or access interruptions to any web
sites accessed by your registered domain name; (e)
Non-delivery, mis-delivery, corruption, destruction or
other modification of data; (f) Processing your domain
name application or other service application; (g)
Application of our Dispute Policy or any other ICANN
(or similar governmental or successor organization)
adopted policies; (h) Any errors, omissions or other
actions by the registry administrator arising out of
or related to your domain name application,
registration, renewal, transfer, or failure to
register, renew, or transfer a domain name; (i)
Unauthorized use or misuse of your Account Name or
Password; (j) Our processing of your application for
our services, our processing of any authorized
modification to your domain name record or your agents
failure to pay any fees, including the initial
registration, renewal, or transfer fee; (k) Deletion
of or failure to store e-mail messages; or (l) Acts of
God and events beyond Qhosting's reasonable
control;
13. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF OUR SERVICE(S) IS SOLELY AT
YOUR OWN RISK. THE SERVICES WE PROVIDE TO YOU ARE ON
AN "AS IS," AND "AS AVAILABLE"
BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. . WE MAKE NO WARRANTY THAT OUR
SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE
SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR
SERVICE(S). FURTHER, Qhosting MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM
SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN
NAME REGISTERED TO YOU. TO THE EXTENT JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. INDEMNIFICATION
You agree to release, indemnify, defend and hold
harmless Qhosting and the applicable registry
administrator and their directors, officers,
employees, agents, and affiliates from and against any
and all claims, loss, damages, liabilities, costs, and
expenses (including reasonable legal fees and
expenses) arising out of any and all third party
claims, actions, suits, or demands that are related to
or arise out of (a) this Agreement or the breach of
your warranties, representations and obligations under
this Agreement; (b) the Qhosting services or
your use of such services; (c) any intellectual
property or other proprietary right of any person or
entity. This indemnification is in addition to any
indemnification required under the Dispute Policy or
any similar policy. When we are threatened with suit
or sued by a third party, we may seek written
assurances from you concerning your promise to
indemnify us; your failure to provide those assurances
may be considered by us to be a material breach of
this Agreement.
15. CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system
and the practice of registering and administering
domain names are evolving, and therefore you agree
that Qhosting, in its sole discretion, may
modify this Agreement, from time to time, to comply
with any additional rules or policies that may be
required under Qhosting's ICANN agreement, or
to adjust to changing business circumstances.
We will post any modifications to this Agreement on
our Web site at least thirty (30) calendar days before
it becomes effective. You agree to periodically review
our Web site to be aware of any such modifications. No
employee, contractor, agent or representative of Qhosting
is authorized to alter or amend the
terms and conditions of this Agreement. Your continued
use of Qhosting as your domain name registrar
or the use of any of Qhosting's other domain
name services after modification(s) to this Agreement
becomes effective, shall constitute your acceptance of
the modification(s). If you do not agree to such a
modification, you may request in writing that your
domain name be cancelled or transferred to another
registrar. No refunds, in whole or in part, will be
provided for domain names that are cancelled or
transferred to another registrar.
No provision of this Agreement or our Dispute Policy,
may be amended or modified by you except by means of a
written document signed by us.
16. CANCELLATION, SUSPENSION, TRANSFER
OR MODIFICATION
You agree that we may cancel, suspend, transfer or
modify your domain name registration services in order
to: (i) correct mistakes made by us or the registry in
registering or transferring your chosen domain name;
(ii) to resolve a dispute under our Dispute Policy;
(iii) to abide by any ICANN or registry adopted
policy; or (iv) prevent high volume, automated,
electronic, repetitive queries except as reasonably
necessary to register SLD names or modify existing
registrations. If your registration is cancelled as a
result of Qhosting correcting a mistake made
by us in registering your chosen domain name, we will
refund, in whole, any fees paid by you to Qhosting.
You also agree that Qhosting has the right to
suspend, cancel, transfer, or otherwise modify a
domain name registration pursuant to a properly
authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the
suspension, cancellation, transfer, or modification of
the domain name registration.
You agree that upon termination or discontinuance for
any reason, we may delete all information related to
you on the Qhosting service, if applicable
17. BREACH AND REVOCATION
You agree that we reserve the right to cancel,
suspend, transfer or modify your domain name
registration or other services if you (i) materially
breach this Registration Agreement and do not cure
such breach within 30 calendar days of notice; (ii)
provide false or misleading information, or conceal or
omit any information that we would likely consider
material to our decision to register or renew your
domain name; (iii) use your registered domain name to
send unsolicited commercial advertisements in
contravention of applicable laws; or (iv) you use your
domain name in connection with unlawful activity.
18. ASSIGNMENT
You shall not assign this Agreement, by operation of
law or otherwise, without our prior written consent.
Any attempt by your creditors to obtain an interest in
your rights under this Agreement, whether by
attachment, levy, garnishment or otherwise, renders
this Agreement voidable at our option. Subject to that
restriction, this Agreement will be binding on, inure
to the benefit of, and be enforceable against the
parties and their respective successors and assigns.
19. .INFO REGISTRATIONS.
Qhosting has entered into a
Registry-Registrar Agreement with Afilias Limited
("Registry"), a company organized under the
laws of Ireland, to provide Internet domain name
registration services for the .info Top-Level Domain
("TLD"). In addition to the terms and
conditions set forth in this Agreement, the following
terms and conditions shall apply to the .info domain
names: (i) you agree to submit to proceedings
commenced under the Sunrise Dispute Resolution Policy
("SDRP") (available at http://www.afilias.info/register/dispute_resolution/sunrise_challenge_rules_revised),
as these may be modified from time to time; (ii) you
acknowledge that the .info registry will have no
liability of any kind for any loss or liability
resulting from the proceedings and processes relating
to the Sunrise Period or the Land Rush Period,
including, without limitation: (a) the ability or
inability of a registrant to obtain a registered
domain name during these periods, and (b) the results
of any dispute over a "Sunrise
Registration"; (iii) your application for a
Sunrise Registration does not provide you with any
intellectual property protections or registrations.
20. .BIZ REGISTRATIONS
Qhosting has entered into a
Registry-Registrar Agreement with Neulevel, Inc.
("Registry"), a company headquartered in
Virginia, to provide Internet domain name registration
services for the .biz Top-Level Domain ("TLD").
In addition to the terms and conditions set forth in
this Agreement, the following terms and conditions
shall apply to the .biz domain names:
20.1 Acceptable Usage. You represent
and warrant that: (i) the domain name will be used
primarily for bona fide business or commercial
purposes and not (a) exclusively for personal use or
(b) solely for the purposes of selling, trading or
leasing the domain name for compensation, or the
unsolicited offering to sell, trade or lease the
domain name for compensation; and (ii) the domain
name is reasonably related to your business or
intended commercial purpose at the time of
registration.
20.2 Acknowledgments Concerning Customer
Information. You also acknowledge and agree that Qhosting
will share with the .biz registry
certain information submitted by you in your
application(s) for our services, as required by our
agreement(s) with the .biz registry or to provide
the services you have applied for. You acknowledge
and agree that any information we share with the
.biz registry may be used by them to fulfill the
.biz registry's service obligations to us or any
third party. You hereby grant us and the .biz
registry a limited, royalty-free, non-exclusive
worldwide license to use all of the data contained
in a Trademark
20.3 Acknowledgment of Dispute
Policies and Rules. The registrant acknowledges
having read and understood and agrees to be bound by
the terms and conditions of the following documents,
as they may be amended from time to time, which are
hereby incorporated and made an integral part of
this Agreement:
(a)The Start-up Trademark Opposition
Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
(b) The Restrictions Dispute
Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html
21. MULTILINGUAL REGISTRATIONS
Notwithstanding anything contained herein to the
contrary, you acknowledge and agree as follows: A
Multilingual Domain Name ("MDN") and the
underlying encoding schemes, protocols and other
technologies that enable MDNs to function on the
Internet, are currently experimental and have not
necessarily been approved by Internet
standard-setting bodies, including without
limitation the Internet Engineering Task Force, the
Multilingual Internet Names Consortium, and the
Internet Architecture Board. We currently are making
MDN registration services available to you as part
of our participation in a test bed ("Test
Bed"). The test bed is being conducted for the
purpose of testing proposed standards for deployment
of MDN technology and to provide operational
experience with those proposed standards.
WE EXPRESSLY DISCLAIM ANY WARRANTY THAT CURRENT OR
FUTURE ENCODING SCHEMES, PROTOCOLS AND OTHER MDN-ENABLING
TECHNOLOGIES, WHETHER PROVIDED BY US OR OTHERWISE,
WILL BE APPROVED BY INTERNET STANDARD-SETTING BODIES
OR OTHERWISE SUCCESSFULLY DEPLOYED. WE EXPRESSLY
DISCLAIM ANY WARRANTY THAT THE TEST BED WILL
CONTINUE OR THAT OUR MDN REGISTRATION SYSTEM WILL
INTEROPERATE PROPERLY WITH THE CURRENT OR FUTURE
TEST BED OR THE MDN-ENABLING TECHNOLOGIES OF OTHERS.
REGISTRANTS WHO REGISTER A MDN DO SO AT THEIR OWN
RISK AND ACKNOWLEDGE AND AGREE THAT, UNLESS
SPECIFICALLY EXCLUDED, ALL PROVISIONS OF THIS
AGREEMENT SHALL APPLY TO THE REGISTRATION OF AN MDN.
You assume all risks inherent in the experimental
nature of this service and the technologies
supporting it. The encoding schemes, protocols and
other MDN-enabling technologies are not within our
control and are subject to change without notice.
You assume all risks that such changes may impair or
prevent your ability to use the MDN you have
registered. You further understand and agree that we
may interrupt or deny MDN registration services to
you, temporarily or permanently, as a result of such
changes. You further assume all risks that the
Internet addressing system will not recognize an MDN
you have registered or otherwise will not enable
such MDN to function as an Internet address.
We may, but shall not be obligated to, make any and
all modifications to an MDN registration, including
without limitation changing the MDN's ASCII-based
translation, that we deem necessary or appropriate
for the purpose of bringing an MDN registration into
conformance with evolving technical standards. Such
modifications may be made without notice to you. In
the event we elect to make such modifications, you
agree to hold us harmless from any claims,
liabilities or demands arising from such
modifications. Before registering an MDN, we
strongly recommend that you review and become
familiar with the "Multilingual Domain Name
Position Paper," published. (Click
here to
view).
You specifically acknowledge and agree that an MDN
shall be considered a domain name for purposes of
the Dispute Policy and the provisions relating
thereto in this Agreement. Notwithstanding anything
to the contrary contained in the Dispute Policy, you
agree that during the Test Bed we may terminate your
registration of an MDN in our sole discretion
without notice to you if, within 45 days of your
registration, we receive a formal, written objection
to the registration by any legitimate authority,
including without limitation a trademark owner or
governmental entity. Our right of termination under
this provision shall continue until such time as:
(1) It is publicly announced that the Test Bed is
complete; and (2) we determine in our sole
discretion that all of the encoding schemes,
protocols and other MDN-enabling technologies that
are used to provide your MDN registration services
have been approved by appropriate standard-setting
bodies.
22. GENERAL
Entire Agreement
You agree that this Agreement and the rules and
policies incorporated by reference in this Agreement
are the entire, complete and exclusive agreement
between you and us regarding our services and
supersedes all prior agreements and understandings,
whether written or oral, or whether established by
custom, practice, policy or precedent, with respect to
the subject matter of this Agreement.
Relationship of the Parties
Nothing in this Agreement may be construed as creating
the relationship of agency partnership or joint
venture between the parties.
Waiver.
No waiver of any provision of this Agreement
shall be effective unless it is in writing and signed
by an authorized representative of Qhosting.
The remedies of Qhosting under this Agreement
shall be cumulative and not alternative, and the
election of one remedy for a breach shall not preclude
pursuit of other remedies. The failure of a party, at
any time or from time to time, to require performance
of any obligations of the other party hereunder shall
not affect its right to enforce any provision of this
Agreement at a subsequent time, and the waiver of any
rights arising out of any breach shall not be
construed as a waiver of any rights arising out of any
prior or subsequent breach.
Notice
Except as otherwise specifically stated herein, any
notices required to be given under this Agreement will
be deemed to have been given if delivered by email or
fax, or sent by certified mail, return receipt
requested, or by Federal Express or other recognized
overnight delivery service to each of the parties in
accordance with the most current contact information
you have provided to us, and the contact information
for us that is posted on the Qhosting Web
site. All notices shall be effective upon receipt,
except that email and fax notices shall be effective
upon transmission.
Location of Acceptance and Performance
You agree and acknowledge that any acceptance of your
application for any of our services and the
performance of those services shall occur in
Schaumburg, Illinois, the location of our principal
place of business.
Governing Law
Except as otherwise set forth in the Dispute Policy
with respect to any dispute over your domain name
registration, you agree that this Agreement and your
rights, obligation, duties, and actions contemplated
by this Agreement shall be governed in all respects
by, and construed in accordance with the laws of the
State of Illinois, United States of America, without
reference to rules governing choice of laws. Any
action relating to this Agreement and your rights,
obligation, duties, and actions contemplated by this
Agreement must be brought in the United States
District Court for the Northern District of Illinois
or in the circuit court of Cook County, Illinois. Both
parties irrevocably consent to the personal
jurisdiction, subject matter jurisdiction, and venue
of such courts.
Severability
Registrant agrees that the terms of this Registration
Agreement are severable. If any term or provision is
declared invalid, it shall not affect the remaining
terms or provisions, which shall continue to be
binding.
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