| Terms Of Service
QuietCube Hosting, LLC. ("The Company") agrees
to furnish services to the Subscriber, subject to the following
TOS (Terms of Service).
Use of QuietCube Hosting Service constitutes acceptance and
agreement to QuietCube Hosting's AUP as well as QuietCube
Hosting's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms
of Service) of QuietCube Hosting, LLC. 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.
This Agreement shall be construed in all respects in accordance
with the laws of the state of Connecticut, county of Fairfield
applicable to contracts enforceable in that state. Venue will
be in Fairfield County, Connecticut.
1. 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 QuietCube Hosting shall have
the right to terminate all service set forth in this Agreement.
2.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. Please note: the Company wil not raise initial
agreed upon rates on its subscribers.
3.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 billing cycle
for that cycle's service. Please note that if you Pay using
a PayPal Subscription payment, and your account is suspended
or cancelled for any reason, the Subscriber is responsible
to cancel the subscription using his or her PayPal account.
4.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 are past due. Service interrupted
for nonpayment is subject to a $20 restoration charge. Accounts
not paid by due date are subject to a late fee. Accounts that
are not collectable by QuietCube Hosting 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.
5.Refund and Disputes: All payments to QuietCube Hosting,
Inc. are refundable upon written request within 30 days of
initial account activation if your service was not everything
we say it would be. Please note that this offering is only
available to new customers and this includes charges regardless
of usage. All overcharges or billing disputes must be reported
within 15 days of the time the dispute occurred. If you dispute
a charge to your credit card issuer that, in QuietCube Hosting's
sole discretion is a valid charge under the provisions of
the TOS and /or AUP, you agree to pay QuietCube Hosting an
"Administrative Fee" of not less than $50 and not
more than $150. In addition, a 30 day money back guarantee
is advertised for all plans that do not come with a free trial.
This means that we will refund your order (minus any additional
expesenses such as domain registration) within the initial
30 days of your order if the service you receive is not all
that we said it would be. Please note that all refund requests
must be submitted in written request at our support desk to
our billing department (http://support.QuietCubehosting.com).
There is no 30-day money back guarantee for dedicated servers
or custom-tailored plans.
6.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.
7.Account Cancellation: All requests for canceling accounts
must be made in writing with at least 10 days notice but not
more than 30 days prior written notice (dedicated servers
require 30 day prior written notice). Please be sure to log
this request at our support site http://support.QuietCubehosting.com
and assign your ticket to billing.
8.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.
9.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. If the new domain is registered
by the account holder, there will be no handling fee. If the
domain is registered by QuietCube Hosting on behalf of the
account holder a registration fee will be incurred.
10.Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to QuietCube
Hosting, LLC. 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 QuietCube
Hosting, LLC. 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.
11.Support Boundaries: QuietCube Hosting, provides technical
support to our subscribers Monday through Friday from 9a.m.
to 6p.m. (except for holidays) We limit our technical support
to our area of expertise. The following is our guidelines
when providing support: QuietCube Hosting provides support
related to your server or virtual site physical functioning.
QuietCube Hosting does not offer tech support for application
specific issues such as cgi programming, html or any other
such issue. QuietCube Hosting does not provide technical support
for YOUR customers. We encourage you to submit a support request
at support@support.QuietCubeHosting.com for assistance. If
you are able to get online and have other questions, the answers
may be on our home page at QuietCube Hosting Support - 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 contacting
tech support.
12.SPAM and Unsolicited Commercial Email (UCE): QuietCube
Hosting 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 QuietCube Hosting
may not use or permit others to use our network to transact
in UCE. Customers of QuietCube Hosting 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.
1.Violation of QuietCube Hosting's SPAM policy will result
in severe penalties. Upon notification of an alleged violation
of our SPAM policy, QuietCube Hosting will initiate an immediate
investigation (within 48 hours of notification). During the
investigation, QuietCube Hosting may restrict customer access
to the network to prevent further violations. If a customer
is found to be in violation of our SPAM policy, QuietCube
Hosting may, at its sole discretion, restrict, suspend or
terminate customer's account. Further, QuietCube Hosting reserves
the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation.
QuietCube Hosting will notify law enforcement officials if
the violation is believed to be a criminal offense.
2.First violations of this policy will result in an "Administrative
Fee" of $100 and your account will be reviewed for possible
immediate termination. A second violation will result in an
"Administrative Fee" of $250 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 QuietCube Hosting personnel must spend to investigate
the matter. PLEASE, DO NOT SPAM from your account.
3.As our Customers are ultimately responsible for the actions
of their clients over the QuietCube Hosting network, it is
advisable that Customers develop a similar, or stricter, policy
for their clients.
IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services
on their account that support spammers or cause any of our
IP space to be listed in any of the various Spam Databases
will have their account immediately removed from our server.
The account will not be restored until such time that you
agree to remove ANY and ALL traces of the offending material
immediately upon restoration and agree to allow us access
to the account to confirm that all material has been COMPLETELY
removed. Severe violations may result in immediate and permanent
removal of the account from our server without notice to the
customer. Any account guilty of a second violation WILL be
immediately and permanently removed from our server without
notice.
13.Network
1.IP Address Ownership: If QuietCube Hosting assigns Customer
an Internet Protocol address for Customer's use, the right
to use that Internet Protocol address shall belong only to
QuietCube Hosting, and Customer shall have no right to use
that Internet Protocol address except as permitted by QuietCube
Hosting in its sole discretion in connection with the Services,
during the term of this Agreement. QuietCube Hosting shall
maintain and control ownership of all Internet Protocol numbers
and addresses that may be assigned to Customer by QuietCube
Hosting, and QuietCube Hosting 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.
2.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"). QuietCube Hosting will monitor
Customer's bandwidth and disk usage. QuietCube Hosting 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 QuietCube
Hosting's sole and absolute discretion. If QuietCube Hosting
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. In the event that a customer exceeds the included
allocation, QuietCube Hosting may, at its sole discretion,
collect a deposit, in an amount determined by QuietCube Hosting,
against customer's credit card on file with QuietCube Hosting.
3.System and Network Security: Users are prohibited from violating
or attempting to violate the security of the QuietCube Hosting
Network. Violations of system or network security may result
in civil or criminal liability. QuietCube Hosting 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:
1.Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to
access.
2.Attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication
measures without proper authorization.
3.Attempting to interfere with service to any user, host or
network, including, without limitation, via means of overloading,
"flooding", "mail bombing" or "crashing".
4.Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
5.Taking any action in order to obtain services to which such
User is not entitled.
4.Please note: SSH access will only be provided to those who
demonstrate need for it and who provide identification. We
reserve the right to withhold SSH access for any reason.
14.Notification of Violation:
1.QuietCube Hosting 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.
2.First violation: Any User, which QuietCube Hosting 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 QuietCube Hosting's discretion to
a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
3.Second Violation: Users that QuietCube Hosting 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.
4.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.
15.Suspension of Service or Cancellation: QuietCube Hosting
reserves the right to suspend account access to any customer
if in the judgment of the QuietCube Hosting network administrators
the customer's account is the source or target of the violation
of any of the other terms of the AUP or for any other reason
which QuietCube Hosting 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.
16.QuietCube Hosting reserves the right to amend its policies
at any time. All Sub-Networks, resellers, managed servers,
and all other customers of QuietCube Hosting 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.
17.Indemnification: QuietCube Hosting wishes to emphasize
that in agreeing to the QuietCube Hosting Acceptable Use Policy
(AUP) and Terms of Service (ToS), customer indemnifies QuietCube
Hosting for any violation of the Acceptable Use Policy (AUP)
and Terms of Service (ToS) that results in loss to QuietCube
Hosting or the bringing of any claim against QuietCube Hosting
by any third-party. This means that if QuietCube Hosting is
sued because of a customer's or a customer of a customer's
activity, the customer will pay any damages awarded against
QuietCube Hosting, plus all costs and attorney's fees.
18.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.
1.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.
2.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.
3.QuietCube Hosting takes no responsibility for any material
input by others and not posted to the QuietCube Hosting Network
by QuietCube Hosting. QuietCube Hosting is not responsible
for the content of any other websites linked to the QuietCube
Hosting Network; links are provided as Internet navigation
tools only. QuietCube Hosting 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.
4.QuietCube Hosting is not responsible for any damages your
business may suffer. QuietCube Hosting does not make implied
or written warranties for any of our services. QuietCube Hosting
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 QuietCube Hosting.
5.It is absolutely forbidden to host IRC servers. Accounts
found hosting this material will be subject to immediate cancellation
without refund.
19.Responsibility for Content: You, as QuietCube Hosting's
customer, are solely responsible for the content stored on
and served by your QuietCube Hosting server.
20.DATA: You, as QuietCube Hosting's customer, are solely
responsible for your data stored on and served by your QuietCube
Hosting server. While we do backup data, it is your responsibility
to backup your data in the event that data loss does occur
and our backups are not up-to-date or cease to work.
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