Terms of Service
Terms of Service
These Terms of Service ("Agreement") are an agreement between QualyComp Internet ("we", "us", or "our") and you ("User", "you", or "your"). This agreement sets in place the terms and condition for the use of any products and services set forth by QualyComp Internet. If you do not agree to abide by these terms, you are not authorized to access or use our Services.
Please Read these Terms of Service carefully before using the services. These Terms of Service apply to all users of the Services. If you are using the Services on behalf of an entity, organization or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf od such organization.
- Use of our services is governed by additional policies, which are incorporated by reference. By using our services, you also agree to the following:
- Acceptable Use Policy
- Copyright Infringement Policy
- By registering for and using our services, you represent that:
- You are at least 18 years of age. The Services are intended for use by users who are 18 years and older. Any registration, use of, or access to our services by anyone under 18 is a violation of this Agreement.
- If you use our services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the services.
- It is your responsibility to provide accurate, complete, and current customer information on registration forms. The email address that you use to sign up must be different from the domain that you are signing up with. If there is a reason for us to contact you, we will contact you using this email address.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the security of your account.
- Any dedicated IP order is subject to IP justification policies may change to comply with the American Registry for Internet Numbers (ARIN) and RIPE.
- You may be able to upload, store, publish, display, and distribute information, text photos, videos, and other content on or through our services (collectively referred to as, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted by us. You are solely responsible for ensuring that User Content complies with this agreement.
- QualyComp Internet exercises no control ober, and accepts no responsibility for, User Content or the content of any information passing through QualyComp Internet's computers, networks, or points of presence. QualyComp Internet does not monitor User Content. You agree and acknowledge that QualyComp Internet may take corrective action in QualyComp Internet's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate and all Services without refund if you violate the terms of this Agreement. You hereby agree that QualyComp Internet will have no liability due to the corrective action that QualyComp Internet may take.
Account Security and QualyComp Internet Systems
- It is your responsibility to ensure that scripts and programs installed inder your account are secure and that permissions of directories and files are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account, including the compromise of credentials such as username and password.
- The servicesm including all related equipment, network devices are provided only for authorized customer use. QualyComp Internet may, but is not obligated to, monitor our systems to ensure that use is authorized to facilitate protection against unauthorized access, to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, or copied and used for authorized purposes. By using our services, ou consent to monitoring of network services for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. This includes but is not limited to denial of service attacks, brute force attacks, email spam, and web spam.
- Any account which causes us to receive an abuse report may be suspended or terminated. If you do not remove malicious content after being norified, we reserve the right to leave access to services disabled.
- We reserve the right to impose fees for verified abuse. Payment must be made for abuse of services prior to account reactivation. We reserve the right to deviate from our abuse schedule as we see fit. Please contact [email protected] to receive the latest abuse fee schedule.
- We are not "HIPAA compliant". Customers requiring secure storage of "protected health information" as defined inder the federal Health Insurance Portability and Accountability Act (HIPAA) are expressly prhibited from using the services for such purposes.
Billing and Payment Information
- It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pau for the services in advance of the time period during which such services are provided. Subject to applicable laws, rules, and regulations, payments received will be applied to the oldest outstanding invoice in your billing account first.
- Unless otherwise provided, you agree that you will be billed on an automatically recurring basis to prevent the distuprion to your services.
- All invoices must be paid within 2 days of the invoice due date. Any invoice that is outstanding for more than 2 days may result in the suspension of your service. Access to the account will not be restored until payment has been received. We reserve the right to charge a 20% late fee in addition to the invoice.
- Its is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, eletronic funds transfers, eletronic check, payment methods, or identities. We may report misuse or fraudulent use to governmental and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
- Invoices for monthly, quartely, semi-annual, annual, biennalm and triennial recurring services will be issued 07 days in advance of the due date.
- Unpaid services will be suspended 02 days past the due date on the service.
- Unpaid services will be terminated 05 days past the due date on the service.
- You may dispute an invoice with QualyComp Internet priors to its due date. If you have any questions about a charge on your account, you may reach out to the billing department for assistance. Opening a dispute with your credit card company or initiating a chargeback is a violation of this agreement, and may incur an additional $90 chargeback fee.
- QualyComp Internet reserves the right to terminate service at any time. If an account is terminated for a policy violation where will be no refund.
- Costumers can cancel service pursuant to the terms of their contract by email or through the client area. Only authorized contacts/individuals can cancel an account. Unless the client specifies a termination date, accounts will be terminated upon notice.
- Unless otherwise specified in the terms of Client's contract and for all month-to-month services, cancelation notice must be received at least 14 days prior to scheduled service renewal date; furthermore, if service is cancelled with less than 7 days remaining before scheduled service renewal, the service will renew for 1 additional month automatically.
- Cancellation requests must be submitted via the QualyComp Internet client area and submitting the cancellation form for the services being discontinued.
- If an account is cancelled due to non-payment, QualyComp Internet reserves the right to delete contents without notice and re-provision the server.
CPU, Bandwidth, and Disk Usage
- All use of hosting space provided by QualyComp Internet is subject to the terms of this agreement and the Acceptable Use Policy.
- Shared and reseller hosting space may be used only for web files, active email, and content of user websites. Space may not be used for storage, including as offsite storage of eletronic files, email, or FTP hosting, We will review and notify you in the event of excessive CPU or disk usage. Excessive CPU usage is defined as such usage that significantly impacts other users ability to use their services.
- Dedicated and CPS usage is limited by the resources allocated to the specific plan or server that has been purchased.
- Bandwidth usage is actively monitored.
- If you shared or reseller server has a physical downtime that falls short of our 99% uptime guarantee, you may receive 7 days of credit on your account. This uptime guarantee does not apply to planned maintenance, a DDoS attack, or an act of god. Server uptime is defined as the reported uptime from the operating system and the web server which may differ from uptime reported by other services. To request an uptime credit, please open a ticket with our Billing department. Plese note that uptime guarantee requests must be submitted within 7 days of the actual downtime.
- Uptime guarantees for dedicated servers include only network uptime. Events including but not limited to failure of a part, a DDoS attack, or an act of god are exempt from the uptime guarantee.
- Resellers are responsible for providing support to their clients. If a reseller's client contact us, we reserve the right to place the request on hold until the reseller contacts us directly. Resellers must contact QualyComp Internet directly for security purposes.
- Resellers are responsible for the content stored and transmitted under their reseller accounts.
- Discounts and coupons are reserved for first-time accounts or first-time costumers only and may not be used toward the purchase of a domain name registration unless otherwise specified.
Backup and Data Loss
- Your use of our services is at your sole risk. Our backup service runs daily and saves 7 backups. Only one week of backups are kept at a time. This service is provided as a courtesy and may be modified or terminated at our sole discretion. We make no guarantee about the availability of these backups.
Limitation of Liability
- In no event with QualyComp Internet, its directors, employees, or agents be liable to you or any person for any direct, consequential, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or any other materials accessed or downloaded through the services, even if QualyComp Internet is aware of the possibility of such damages.
- You agree to indemnify, defend, and hold harmless QualyComp Internet, our affiliates, and our respective officers, directors, employees, and agents. The terms of this section shall survive any termination of this agreement.