Terms of Service (TOS) &
Acceptable Use Policy (AUP)
Rev. 070731
Please Note:
A. No Bulk or Spam Email.
B. No Illegal or Adult Content.
1. Introduction
This document (the “Agreement”) sets forth the principles,
guidelines and requirements of the Terms of Service of Q87
International (the "Company"), governing the use by the customer
("Customer") of Company's services and products ("Services
and Products"). These Terms of Service and Acceptable Use
Policies have been created to promote the integrity, security,
reliability and privacy of Company's facilities, network,
and Customer data contained within. The Company believes it
provides the best services in the industry, and provides the
following policies in the best interests of the Company and
the Company's clients. The Company retains the right to modify
these Terms of Service and Acceptable Use Policies at any
time and from time to time and any such modification shall
be automatically effective as to all customers when adopted
by Company and published here. Company shall be the sole and
final arbiter as the interpretation of the following. By utilizing
the Company's services and products, the Customer agrees to
be bound by the terms herein outlined.
Questions or comments regarding this document should be forwarded to the Company at the following address: admin @ Q87.org
2. Compliance with the Law
Customer shall not post, transmit, re-transmit or store material
on or through any of Services or Products which, in the sole
judgment of the Company (i) is in violation of any local,
state, federal or non-United States law or regulation, (ii)
is threatening, obscene, indecent, defamatory or that otherwise
could adversely affect any individual, group or entity (collectively,
"Persons") or (iii) violates the rights of any person, including
rights protected by copyright, trade secret, patent or other
intellectual property or similar laws or regulations including,
but not limited to, the installation or distribution of "pirated"
or other software products that are not appropriately licensed
for use by Customer. The Customer agrees to indemnify and
hold harmless the Company from any claims resulting from the
use of the services which damages the Customer or any other
party. Customer shall be responsible for determining what
laws or regulations are applicable to its use of the Services
and Products.
3. Prohibited Uses of Services and Products
In addition to the other requirements of these Terms of Service,
Customer, and any other individuals or entities, may only
use the Services and Products in a manner that, in the Company's
sole judgment, is consistent with the purposes of such Services
and Products. If Customer is unsure of whether any contemplated
use or action is permitted, please contact the Company as
provided above. By way of example, and not limitation, uses
described below of the Services and Products are expressly
prohibited.
3.1. General
3.1.1. Pornography and pornographic related merchandising
are prohibited under all the Company's services. This includes
sites that include links to pornographic content elsewhere.
Further examples of unacceptable content or links include
pirated software, "hacker" programs, archives of "Warez Sites",
game rooms or MUDs, IRC Bots, Egg Drop programs, any kind
of illegal software or shareware. In addition, sites offering
online gambling, casino functionality, sportsbook betting
(including offshore), and internet lotteries are prohibited.
3.1.2. Violations of the rights of any Person protected by
copyright, trade secret, patent or other intellectual property
or similar laws or regulations, including, but not limited
to, the installation or distribution of "pirated" or other
software products that are not appropriately licensed for
use by Customer.
3.1.3. Actions that restrict or inhibit any Person, whether
a customer of Company or otherwise, in its use or enjoyment
of any of the Company's Services or Products.
3.2. System and Network
3.2.1. Introduction of malicious programs into the Company's
network or server (e.g., viruses and worms).
3.2.2. Effecting security breaches or disruptions of Internet
communication. Security breaches include, but are not limited
to, accessing data of which Customer is not an intended recipient
or logging into a server or account that Customer is not expressly
authorized to access. For purposes of this Section 3.2.2.,
"disruption" includes, but is not limited to, port scans,
flood pings, packet spoofing and forged routing information.
3.2.3. Executing any form of network monitoring which will
intercept data not intended for the Customer's server.
3.2.4. Circumventing user authentication or security of any
host, network or account.
3.2.5. Interfering with or denying service to any user other
than Customer's host (for example, denial of service attack).
3.2.6. Using any program/script/command, or sending messages
of any kind, designed to interfere with, or to disable, a
user's terminal session, via any means, locally or via the
Internet.
3.2.7. Creating an "active" full time connection on a Company-provided
account by using artificial means involving software, programming
or any other method.
3.2.8. Any attempt to circumvent or alter monitoring, bandwidth
tracking or utilization reporting, or other actions which
have the effect of complicating the normal operational procedures
of the Company, including but not limited to altering, removing
or in any way modifying or tampering with Company created
log files.
3.2.9. Any action which the Company determines, in its own
judgment, will reflect poorly on the Company or negatively
impact its operations.
3.2.10. Any action which the Company deems to be an unacceptable
use of resources, business practice or otherwise unacceptable
to the Company.
3.3. Billing
3.3.1. Furnishing false or incorrect data on the order form,
contract or online application, including fraudulent use of
credit card numbers.
3.3.2. Attempting to circumvent or alter the processes any
billing procedures or procedures to measure time, bandwidth
utilization, or other methods to document "use" of the Company's
Services and Products.
3.4. Electronic Mail
3.4.1. Sending unsolicited commercial email ("UCE") or unsolicited
bulk email ("UBE") messages,
including the sending of "junk mail" or other advertising
material to individuals who did not specifically request such
material, who were not previous customers of Customer or with
whom Customer does not have an existing business relationship
("email spam").
3.4.2. Sending UCE or UBE referencing an email address for any domain
hosted by the Company;
3.4.3. Sending UCE or UBE referencing a domain hosted by the Company;
3.4.4. Sending UCE or UBE referencing an IP address hosted by the
Company;
3.4.5. Posting advertisements on IRC, ICQ, or any other public
chat system containing an email address hosted by the Company,
a domain hosted by the Company, an IP address belonging to
the Company;
3.4.6. The Company will be the sole arbiter as to what constitutes
a violation of these provisions.
3.4.7. Harassment, whether through language, frequency or
size of messages.
3.4.8. Unauthorized use, or forging, of mail header information.
3.4.9. Solicitations of mail for any other E-mail address
other than that of the poster's account or service with the
intent to harass or to collect replies.
3.4.10. Creating or forwarding "chain letters" or illegal
"pyramid schemes" of any type.
3.4.11. Use of unsolicited email originating from within the
Company's network or networks of other Internet Service Providers
on behalf of, or to advertise, any service hosted by the Company,
or connected via the Company's network.
3.4.12. Activities deemed to be unsolicited marketing efforts
or otherwise harassing in any way.
3.4.13. Customer will be charged a minimum $5,000.00 penalty
charge for each instance of a verifiable UCE or UBE that is
reported to the Company and faces immediate account suspension
and/or termination, as well as further penalties.
3.4.14. PURSUANT TO CALIFORNIA BUSINESS & PROFESSIONS
CODE §17538.45, NOTICE IS HEREBY GIVEN THAT COMPANY IS
AN EMAIL SERVICE PROVIDER UTILIZING MAIL SERVERS LOCATED IN
THE STATE OF CALIFORNIA. PROCESSING AND/OR DELIVERY OF UCE OR UBE
FROM, OR TO, CUSTOMERS OF THE SERVICE THROUGH COMPANY'S MAIL
SERVERS IS STRICTLY PROHIBITED.
3.5. Customer Support
3.5.1. The Company promotes a mutually-professional relationship
with its customers. Abusive, threatening, obscene or otherwise
harassing communications with agents of the Company, via telephone,
email, online chat or other means will result in immediate
account termination not withstanding any other terms of this
agreement. Violation of this or any section of this Agreement
will result in refund ineligibility.
4. Bandwidth & Utilization
In addition to the other terms of this agreement, which apply
to all plans, bandwidth and utilization, by its nature, is
subject to a number of differing and/or additional terms.
4.1 The Company provides the space and (with some accounts)
unlimited/uncapped transfer in good faith to our Customers so that
they may create their Websites without the fear of running
over their Web traffic allocation. While most Customers will
use the space and traffic for their legitimate Web site needs,
we recognize that others may try to take advantage of our
offer and use the space and traffic in ways for which it is
not intended. In the best interests of our Customers and in
an effort to maintain the integrity of our service, the following
common sense rules will apply:
4.1.1. Customer's site must use and store only the information
and data that relates to the Website, at the IP address provided
by the Company.
4.1.2. Customer may not resell or give away Web space under
a domain name, nor may Customer build Websites that house
"sub domain" Websites on behalf of other companies, groups
or individuals. Customers who wish to resell the Company's
Web space should utilize the Company's Reseller (Multiple
Domain Hosting) Program;
4.1.3. Customer may not use Customer's Website to store Web
pages, files or data for other IP addresses or domain names,
nor may Customer use its Website as a repository for file,
data or "Warez group" download transfers. The Company reserves
the right to make this determination, in its sole and absolute
discretion;
4.1.4. The Company's "traffic” and “storage" offerings are
to provide the Company's customers with storage space and
bandwidth for active Web pages and cannot be used as a "storage
space" for electronic files. An example of sites that fall
under "electronic storage" are large archives of images,
compressed files, movies, or sound files.
4.1.5. The storage and distribution of MP3 format files via
the Company network is prohibited.
4.1.6. The Company does not permit sites where 20% or more
of the monthly traffic is from file downloads, or sites that
use more than 10% of system resources, or sites which in the
Company's view are detrimental to the enjoyment of the Company
services by the Company's other clients, or are in the sole
and final judgment of the Company, detrimental to network
or business operations.
The Company may take whatever steps necessary to provide its
services, and to provide for the enjoyment of such services
by all of the Company clients, and to ensure that certain
clients do not utilize services to the detriment of other
clients. Customers with Websites that do not comply with these
simple rules, or who seek to take advantage of the Company
in any other way, will,
at the discretion of the Company, have their sites canceled
and/or removed from the servers and have service charges assessed
at the discretion of the Company.
The Company will be the sole and final arbiter as to Websites
or usages of resources that constitute violation or intent
to violate our policies. Those Customers found in violation
of these policies are subject to a $300.00 service charge
for each instance of violation, exclusive of charges for the
bandwidth and/or other resources utilized. Websites which
the Company must suspend or cancel due to violation of these
rules are not eligible to receive a refund for unused service,
and are subject to charges for bandwidth and usage of resources
at twice the standard rate for such resources. Acceptance
of these Terms of Services, and/or use of Company's services
constitutes an acceptance of any fines, penalties or service
charges which might arise out of violation of these policies.
5. Terms and Termination
5.1. All cancellations must be received by the Company a minimum
of five (5) days prior to the next billing date of the domain
being cancelled.
5.1.1. If the Customer notifies the Company less than five
(5) days before the next billing date of the domain being
cancelled, the charges incurred as a result of that renewal
will not be refunded.
5.1.2. Cancellation requests will only be accepted via confirmed
receipt of email to the contact address above. Any other form
of cancellation request in not acceptable.
5.2. Customer will not receive a refund for any other reason,
including but not limited to: late cancellation, slow connection
caused by Customer's ISP/network, Customer's ignorance, InterNIC
delays, or account termination for violation of policies.
5.3. By submitting a credit card or ACH information on the
order form, Customer agrees to authorize all recurring charges
to the account and any other balances incurred due to overages
of limits, additions of extras to the account, service charges
and/or any other fees, and to be bound to the terms of this
Agreement.
5.4. ALL PAYMENTS TO COMPANY ARE NON-REFUNDABLE.
5.5. Customer will be charged a $15 reactivation fee for each
site suspended due to a billing-related issue.
5.6. Customer shall pay the fees and other charges for Products
and Services ordered from Company as published at time of
order. Company reserves the right to change rates without
notice; any changes in price will take effect upon renewal
of the existing hosting account, immediately for new purchases.
5.6.1. Customer agrees that the Company reserves the right
to change its fees, features, and discount offerings and the
Customer agrees to be bound by any changes of fee, feature,
and/or discount.
5.7. The Company reserves the right to terminate this agreement,
and to delete the Website from its hardware, immediately upon
the occurrence of any of the following events:
5.7.1. Non payment of any charges due from Customer;
5.7.2. Breach of any term or condition of this agreement by
Customer;
5.7.3. Commencement of any lawsuit or proceeding against Customer
arising from or relating to its use of the Website, whether
or not such suit names the Company as a party or seeks any
recovery from the Company.
5.7.4. Payment for any charges is due at the time of signup
and renewal respectively. All payments must be in U.S. Dollars.
Accounts which have balances outstanding shall be deemed to
be in default and subject to termination of service. Customer
shall be responsible for all costs of collection, including
reasonable attorney's fees and court costs, in event of a
default for nonpayment of any amounts due the Company.
6. Indemnification of Provider/Relationship of Parties
6.1. Customer agrees to indemnify and hold the Company harmless
from any lawsuit, claim, charge, or expense, including reasonable
attorney fees and costs of defense, for any matter arising
from or relating to Customer's Website or Internet Access
provided hereunder.
6.2. Nothing contained herein shall be deemed to create a
relationship between the Company and Customer in the nature
of a partnership, joint venture, editor/publisher or otherwise.
Both parties acknowledge and agree that the Company has no
interaction with the data or substance of Customer's Website,
except as necessary to maintain the Website.
7. Security/Software
7.1. Customer agrees to take all steps reasonable, necessary,
and prudent to protect Customer's login ID and password.
7.2. Customer agrees not to attempt to undermine or cause
harm to any server, software, system or customer of the Company.
7.3. Customer agrees to maintain Customers' computing equipment
responsibly, including running virus software.
7.4. Uploading a virus to a Company server will result in
account termination, service charges and/or prosecution.
7.5. Customer acknowledges that the Company cannot provide
technical support for any software and/or script that the
Customer installs, other than variable name changes. Customer
also acknowledges that the Company does not supply technical
support for Microsoft FrontPage, other than initial configuration.
The Company supplies technical support for Web hosting issues
only. The Company shall be the sole arbiter as to what constitutes
a "Web host" issue.
8. Violation
Any attempt to undermine or cause harm to the Company server
or another customer's Web presence is strictly prohibited.
Any violation of the above Terms of Service will result in
grounds for account termination, with no refunds given; the
Company reserves the right to remove any account without prior
notice. Violation of these Terms of Service may result in
legal action, service charges or a combination thereof.
9. Confidentiality
Customer acknowledges that by reason of their relationship,
both the Customer and the Company may have access to certain
products, information and materials relating to the other
part’s business, which may include business plans, customers,
software technology, and marketing plans that are confidential
and of substantial value to either party, respectively, and
which value would be impaired if such information were disclosed
to third parties. Consequently, both the Company and the Customer
agree that it will not use in any way for its own account
or for the account of any third part, nor disclose to any
third part, any such information revealed to it by either
part, as the case may be.
The Customer and the Company further agrees that each will
take every appropriate precaution to protect the confidentiality
of such information. In the vent of termination of this agreement,
there shall be no use or disclosure by either party of any
such confidential information in its possession, and all confidential
documents shall be returned to the rightful owner, or destroyed.
The provisions of this section shall survive the termination
of the agreement for any reason. Upon any breach or threatened
breach of this section, either party shall be entitled to
injunctive relief, which relief will not be contested by the
Customer or the Company.
10. Refusal of Service
The Company reserves the right to refuse or cancel service
in its sole discretion with no refunds.
If any of these Terms of Service are failed to be followed
it will result in grounds for immediate account deactivation.
11. Disclaimer of Warranties and Limitation of Liability.
USE OF THE COMPANY’S SERVICES AND PRODUCTS IS AT CUSTOMER’S
SOLE RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES, AGENTS,
RESELLERS THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS
OR THE LIKE, MAKE ANY WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THAT
THE COMPANY’S SERVICES AND PRODUCTS WILL NOT BE INTERRUPTED
OR BE ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE COMPANY’S
SERVICES AND PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY
OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED OR PROVIDED
THROUGH THE COMPANY’S SERVICE, UNLESS OTHERWISE EXPRESSLY
STATED IN THIS AGREEMENT. THIS INCLUDES LOSS OF DATA, WHETHER
RESULTING FROM DELAYS, ON DELIVERIES, WRONG DELIVERY, AND
ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY THE COMPANY AND
ITS EMPLOYEES OR OTHER CAUSES.
EXCEPT FOR CERTAIN PRODUCTS AND SERVICES SPECIFICALLY IDENTIFIED AS BEING OFFERED BY COMPANY, COMPANY DOES NOT CONTROL ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET. THE INTERNET CONTAINS UNEDITED MATERIALS, SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY FOR SUCH MATERIALS. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL SERVICES, PRODUCTS, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH COMPANY OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY COMPANY OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. COMPANY AND ITS EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, THE SOLE CUMULATIVE LIABILITY OF THE COMPANY FOR ANY AND ALL CLAIMS MADE BY THE CUSTOMER, OR ANY OTHER PARTY, RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY CUSTOMER TO COMPANY DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM IN WHICH COMPANY IS LIABLE TO CUSTOMER. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED UPON BREACH OF CONTRACT, TORT, OR OTHERWISE AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Jurisdiction.
Under California Civil Code Section 1789.3, subscribers who
are residents of California are entitled to the following
specific consumer rights information: the Complaint Assistance
Unit of the Division of Consumer Services of the Department
of Consumer Affairs may be contacted in writing at 1020 N.
Street, #501, Sacramento, CA 95814 or by telephone at (916)
445-1254.
This Agreement shall be governed in all respects under the laws of the State of California without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. The Customer and Company agree that any such arbitration will be governed by California law and will be held in San Diego, California. The arbitrator will be an expert in the field of Internet services. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.