QWebSites.com, a service provided by Q-Surf Computing
Solutions ("Company", "The Company", "we", "us", "Q-Surf"), agrees
to provide services to the Subscriber, subject to the following TOS
(Terms of Service). Use of our service constitutes acceptance and
agreement to Q-Surf's TOS (Terms of Service). All provisions of this
contract are subject to the TOS (Terms of Service) of Q-Surf Computing
- Acceptable use of our services: Q-Surf ensures to
provide reliable services to our customers, security and privacy of our
systems and others, comply with existing laws and maintain our
reputation as a responsible service provider. In general, we do
not monitor information transmitted by your site, but we reserve the
right (but have no duty) to monitor, to remove any objectionable
information from our system at any time, without notice, at our sole
By using our service, you agree to:
You also agree that you will not:
- Follow all of your local, provincial/state, national and international laws and regulations.
responsible for all information, data, text, software, music, sound,
photographs, images, graphics, video, messages or other material
("Content") that occur under your account or password, including any
Content transmitted or broadcast through your account.
with all applicable laws regarding the transmission of technical or
other data exported from the country in which you reside.
post or transmit through your Site any unlawful, harassing (including
"stalking"), pornographic, abusive, threatening, harmful, obscene,
libelous, tortuous, defamatory, vulgar, invasive of another's privacy,
hateful, excessively violent or racially, ethnically or otherwise
objectionable content. Pornographic material includes genitalia and/or
female breasts being displayed as well as sexual acts. Exceptions can
be made with our prior consent. For example, we may consent to a site
that teaches how to breast feed. If you feel that your site may be an
exception, please send us an e-mail stating your case at firstname.lastname@example.org.
broadcast, distribute, or otherwise use any content provided by others,
in a manner that is unlawful, harassing, abusive, threatening, harmful,
obscene, libelous, tortuous, or otherwise objectionable on your Site.
any content that might infringe the intellectual property rights,
privacy rights, rights of publicity, or other proprietary rights of
- copy, broadcast, distribute, or otherwise use any
content provided by others, in a manner that infringes the intellectual
property rights, privacy rights, rights of publicity, or other
proprietary rights of others.
- interfere with or disrupt Site,
services, computer systems, servers or networks, or violate the
regulations or policies of such networks.
- transmit any content containing viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful programs.
to gain unauthorized access to Site or services, others' accounts,
private web sites, or computer systems or networks connected to Site,
through password mining or otherwise.
- engage in any systematic extraction of data or data fields, including without limitation e-mail addresses.
- Harm minors in any way.
or provide instructional information about illegal activities, promote
physical harm or injury against any group or individual, or promote any
act of cruelty to animals. This may include, but is not limited to,
providing instructions on how to assemble bombs, grenades and other
weapons and creating "Crush" sites.
- Transmit any unsolicited commercial or unsolicited bulk e-mail.
- Post messages
or commercial advertisements, which violate the rules, regulations, FAQ
or charter of any newsgroups or mailing list.
- Attempt to
impersonate any person by using forged information or other identifying
information in emails or other network information.
consume or abuse of resources, including CPU time, memory, disk space
and session time or installation and running of those programs (eg. IRC
- Attempt to view any system files or alter material that is not owned by your username.
Internet Abuse: Q-Surf will always take the
appropriate action when Internet abuse is brought to our
attention. Subscriber shall not abuse Internet resources including, but
not limited to, allowing spamming by third parties to promote a web
site hosted by Q-Surf; offering for sale or otherwise enabling access
to (i) warez or (ii) software products that facilitate the sending of
unsolicited e-mail or facilitate the assembling of multiple e-mail
Disclosure to Law Enforcement: You
are prohibited 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.
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.
End Users to Your Site: Your
relationship with your end users, "End Users" in this Agreement
referring to any user who visits your Site and uses the Q-Surf
Computing Solutions' Service, is independent from Q-Surf Computing
Solutions. Q-Surf Computing Solutions will be not be held liable for
any disagreements between you and your End Users and will not get
involved with any disputes arising from your relationship.
you or Q-Surf Computing Solutions may terminate or cancel your account
at any time. You understand and agree that the cancellation of your
account is your sole right and remedy with respect to any dispute with
Q-Surf Computing Solutions. You also agree that Q-Surf Computing
Solutions may close your account and prevent you from using our service
for violating any of our Terms of Service, or for any other reason, at
any time, at Q-Surf Computing Solutions' sole discretion, without prior
notice to you. In most instances, however, Q-Surf Computing Solutions
will review a web site and if it is found to be in violation of any of
our rules, you will be given a warning. If the web site continues to
violate our rules, the site will be deleted.
Maintenance and Updates: Q-Surf
Computing Solutions reserves the right to interrupt service no more
than five (5) percent of the year for maintenance and updates to our
site. This service interruption does not include power outages, service
loss or any other reasons as listed in Force Majeure.
Refund: All payment to Q-Surf are final. There will
not be a refund if a client wants to withdraw account from Q-Surf
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.
Q-Surf reserves the right to amend its policies at any time. All
resellers 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
Indemnification: Q-Surf wishes to emphasize that in
agreeing to the Q-Surf Terms of Service (ToS), customer
indemnifies Q-Surf for any violation of the Terms of Service (ToS) that
results in loss to Q-Surf or the bringing of any claim against Q-Surf
by any third-party. This means that if Q-Surf is sued because of a
customer's or a customer of a customer's activity, the customer will
pay any damages awarded against Q-Surf, plus all costs and attorney's
Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
Force Majeure: Q-Surf Computing Solutions shall not
be liable for the failure to perform any of its obligations under this
Agreement, if such failure is caused by the occurrence of any event
beyond the reasonable control of such party, including without
limitation, fire, flood, strikes and other industrial disturbances,
failure of raw materials suppliers, accidents, transmission
difficulties, Internet outages, riots, insurrections, acts of God or
orders of governmental agencies.
Q-Surf is not responsible for any damages your business may
suffer. Q-Surf does not make implied or written warranties for any of
our services. Q-Surf 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 Q-Surf.
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.
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