Terms of Service

Formal Statement of Terms of Service

When used in this document the terms "us", "we", "our", "ours", and similar terms refer to QualityDotcom.com, it's subsidiaries, affiliates, employees, and individuals and companies contracted to provide services under this agreement. The terms "you", "yours", and similar terms apply to you as one of our customers or as a user of our website. The term "services" applies to any or all services or products that we agree to provide to you under this agreement. This document, hereinafter referred to as "Terms of Service" or TOS constitutes the complete agreement between you and us. Use of our service constitutes acceptance and agreement to the TOS. This agreement also applies to your customers and clients who use any of the services. We reserve the right to ammend or revise this agreement at any time. Changes to the TOS does not constitute grounds for early contract termination or non-payment. Please use the link below, or send an email to TOSrevisions@qualitydotcom.com if you would like us to notify you of changes to the TOS. The current TOS will always be available at
http://www.qualitydotcom.com/tos.html.

Acceptable Use

We support the uncensored flow of information and ideas over the Internet and do not actively monitor your activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, email transmission, newsgroup, or other material created or accessible over or through the services, except for our proprietary web sites. However, in accordance with the TOS , we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, which cause disruptions to other customers, or which may violate the TOS. Your violation of this TOS may result in the suspension or immediate termination of your account or other actions as detailed below without notice, based upon the nature of the violation.

We prefer to advise customers of inappropriate behavior and allow them to take any necessary corrective action, but reserve the right to terminate service based on the nature and severity of the violation, at our sole discretion.

The services may not be used for illegal purposes, or in support of illegal activities. We reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. You may not use the services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use the service to transmit any material (by email, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

We do not allow safelists as unless they are on their own dedicated servers. We also require that these lists be carefully policed and comply with all state (California) and federal (United States) law, in addtion to regulations local to you or your subscibers. Failure to abide by these laws constitutes spamming and will be subject to our spamming policy.

Use of the service to transmit any unsolicited commercial or unsolicited bulk email is expressly prohibited. Violations of this type will result in the immediate termination of the offending account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.

Use of the service to transmit any material (by email, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. We reserve the right to remove such material or to suspend accounts hosting such material until it has been removed.

Use of the service for any activity which affects the ability of other people or systems to use our services or the internet is prohibited under this agreement. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. We will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. We do not allow the hosting of IRC, IRC bots, or eggdrops on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, our security measures or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination.

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

We operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

We request that anyone who believes that there is a violation of this TOS direct the information to the abuse department at TOSviolation@qualitydotcom.com. If possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

We will charge a $200.00 site clean-up fee for any abuse of the terms listed above plus $75.00 per hour for the time and recourses used to investigate and trace abuse of this agreement.

Contractual Agreement

You agree that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by us, that you are agreeing to our TOS. No Modifications of this contract by you is allowed.

We will provide, and you will purchase and pay for, the services, and service fees specified in the order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges per the contract and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

In connection with any hosting services, if you actual bandwidth usage in any month exceeds your allotted amount, as specified in your contract, you will pay us five dollars ($5) per additional gigabyte used as specified in the service description, rounded to the next gigabyte. Bandwitdth includes, but is not limited to traffic used by HTTP, FTP, and POP servers.

Establishment of this service is contingent upon our receipt of payment from you. Subsequent payments are due on the anniversary date of the month for that month’s service for monthly accounts, or the date of the year for annual accounts. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

Payment is due on the defined recurring billing date. Credit cards that are declined for any reason are subject to a $10.00 service fee. Service may be suspended on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to the setup fee for that service for reconnection. Accounts that are thirty days past due may be turned over to an outside agency for collection, and are subject to a processing and collection fee. The processing and collection fee will be the smaller of the past due amount $150.00, but will not be less than $50 in any case. We reserve the right to temporarily deny service or terminate this agreement upon failure to pay charges when due. Such termination or denial will not relieve you of the responsibility to pay all accrued service fees, or any collection fees.

Any billing disputes must be reported to us within 30 days of the time the dispute occurred. If you dispute charges to your credit card issuer, or to our authorized payment agency, we reserve the right to suspend your serve, and to require a reconnection fee to restore the desired service.

Hosting and dedicated services are defined as servers and server space that is rented to you. Our responsibility is to provide you with knowledge and an overview of the server. From time to time security updates, patches, kernel upgrades, and System Administration may be performed free of charge. In addition to these services System Administrator may make recommendations to improve the overall performance, security, and updates to the service. At the sole discretion of the System Administrator any installation, configuration, or tuning of the server may be considered billable, and you will be notified and requested to approve any additional charges. Any unsual support not included with your server, will be subject to a $75 an hour labor fee, billed in 30 minute increments during office hours between 8:00am and 6:00pm (EST). We will not perform maintenance, security checks, or management without client initiating such request. We do not take responsibility for the overall security of servers.

Network Outages or Unscheduled downtime is any unplanned or unscheduled interruption in Service availability during which you are unable to access the services as described above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in our network as confirmed by us. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

Scheduled Downtime is any scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via email with a minimum of 24 hours notice.

Network Violation Credit occurs when our network uptime guarantee is not met. We will refund to you 200% of the value of the time of service (up to 100% of your monthly fee) for network downtime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a performance credit, you must email us within 10 days of reported violation. Network violation credit does not cover the following: scheduled downtime, problems outside of our network (upstream providers, or client’s inbound connection) not effecting 100% loss to our network, or interruptions or failure of individual service caused by you, including but not limited to inaccurate configuration, third party software, client abuse or overutilization of resources, hacked servers, attacks, or server hardware failures.

We are not responsible for the restoration of data to server. We strongly recommend that your perform regular backups of your server, and keep copies of your data offline for emergency purposes. If hardware failure and data loss occurs, you the client are responsible for data restoration.

We shall not be liable for consequential damages, including but not limited to the loss of data. Our entire liability under this agreement is limited to the amount paid to us by you.

If you collect information using our servers, or maintain information information on our servers, about your customers or any third parties, you are required to have a privacy policy, to follow that policy, and to make the policy available to those of whom you collect or maintain information. Your privacy policy must be in harmony with our Privacy Policy, which is included herein by reference.