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TERMS OF SERVICE
Quad Speed Internet provides internet presence
services to its clients ("Client"). In order to provide safe and
secure services to each and every Client, Quad Speed Internet
must state certain policies which denote acceptable and unacceptable
use by Client. These policies also include legal information regarding
billing and payment.
These policies will be periodically updated, without
prior notice. It is the responsibility of Client to be informed
of the current terms of service. Client, by acceptance of Quad Speed
Internet, is legally bound to the terms set within this
document.
DISCLAIMER
Quad Speed Internet will not be responsible for any
damages Client may suffer. Quad Speed Internet wishes to offer excellent service
to each and every Client, but makes no warranties of any kind, expressed
or implied, for services provided. As these are outside of Quad Speed Internet
control, Quad Speed Internet specifically makes no claims to access of any network,
computer direct or intermediate, such as IRC or WWW. Quad Speed Internet disclaims
any responsibility to loss of data resulting from failed hardware,
human error, or service interruptions caused by Quad Speed Internet or its service
providers.
INDEMNIFICATION
Client will hold harmless, defend,
and indemnify Quad Speed Internet from any and all demands, liabilities, losses,
costs and claims, that may arise or result from any service provided
or performed or agreed to be performed by Quad Speed Internet.
CANCELLATION/TERMINATION
Quad Speed Internet may terminate Client service due
to breach of contract (violation of items set forth in this document),
and no refund will be provided.
Client may terminate service and receive
a full refund, less setup fees, if cancellation is requested within
the first 12 hours of service. Client termination of service after
first 12 hours of service will not entitle Client to a refund, because
after 12 hours, all sales are final.
GENERAL ACCOUNT USAGE OF SERVICE BY CLIENT
Client may not:
- run greater than allotted processes.
- have more than 3 (three) IRC connections per process.
- bind to IP addresses/hostnames that are not public, without expressed permission.
- invoke crontab less than every 10 minutes.
- promote, entice, or participate in -- or attempt
to participate in -- denial of service attacks; if Client is found
to be receiving denial of service attacks frequently, account
may be suspended or terminated, without refund, by Quad Speed Internet.
- jupe nicks.
- run webcams, shoutcast servers, any type of game
server, or any other process that utilizes an unreasonable amount
of bandwidth or system resources, without expressed permission.
Violation of the afore-mentioned constitutes breach
of contract and will result in immediate account suspension and/or
termination, without refund. All files, e-mail, domains, or other
account items will become property of Quad Speed Internet.
BILLING AND PAYMENT POLICIES
Quad Speed Internet will only accept payment in
US dollars ($XXUS).
All accounts are established on a
pre-pay basis. All pricing is guaranteed for the term of pre-payment.
It is the responsibility of Client to periodically check prices,
as they may be periodically adjusted by Quad Speed Internet.
All payments are due each anniversary
period following the date account was established. For example,
if activation was August 2nd and monthly billing was selected,
next payment would be due September 2nd. If activation was August
2nd and quarterly billing was selected, next payment would be
due November 2nd.
Quad Speed Internet will
send Client a billing reminder via e-mail, 1 week (7 days) before
his due date. This is only informational, and if this reminder
is not received by Client, Client is still responsible for monies
due. If no payment has been received following three business
days of Client due date, account will be terminated, and all files,
e-mail, or other account items will become property of Quad Speed
Internet, and subject to being destroyed. The only exception
to this will be if Quad Speed Internet temporarily extends
Client due date, based on extraordinary circumstances.
Client is responsible for all money
owed on account from the time it was established to the time Quad Speed Internet
is notified of termination request. With this stated, Quad Speed Internet will not
accept a new order from a previous client that had an account
terminated due to non-payment.
Quad Speed Internet will accept a personal check, company check,
cashier's check, or money order. As an added convenience, you may use a
major credit card (MC/VISA) to purchase from 2Checkout.com, an
authorized retailer for Quad Speed Internet. Credit card charges will
show on Client statement as "2Checkout.com."
Quad Speed Internet does not store billing, payment,
or credit card information on publically-accessible servers.
In the event of a returned check
or credit card chargeback, Quad Speed Internet will demand immediate payment
of the check amount plus a returned check/chargeback fee, within
24 hours by money order or cashier's check. The current returned
check/chargeback fee is $40US. Refusal of this will result in
immediate account termination, without refund. All files, e-mail,
domains, or other account items will become property of Quad Speed Internet.
GENERAL ACCOUNT RESPONSIBILITY OF CLIENT
Account is to be used by Client only.
Client is defined as the person listed on the Quad Speed Internet service order.
Client is responsible for activity in Client account. Client may
not resell, trade, or give away access to account, without expressed
permission from Quad Speed Internet. This includes sharing of accounts or processes,
such as bouncer programs.
Violation of these afore-mentioned
constitutes breach of contract and will result in immediate account
suspension and/or termination, without refund. All files, e-mail,
domains, or other account items will become property of Quad Speed Internet.
GENERAL UNAUTHORIZED ACCOUNT USAGE BY CLIENT
Client agrees to use account only
for lawful purposes. Any use, or attempted use, that violates
any local, state, federal, or international law constitutes unauthorized.
(IE: hacking; password cracking; port scanning; storage or distribution
of copyrighted, pirated, or adult material; sending unsolicitied
commercial advertisements).
Violation of the afore-mentioned
constitutes breach of contract and will result in immediate account
suspension and/or termination, without refund. All files, e-mail,
domains, or other account items will become property of Quad Speed Internet.
In addition, these violations are systematically reported to appropriate
authorities.
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