Terms of Service

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 Solutions.

1. 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 discretion.
   
   By using our service, you agree to:
   • Follow all of your local, provincial/state, national and international laws and regulations.
   • Be 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.
   • Comply with all applicable laws regarding the transmission of technical or other data exported from the country in which you reside.
     
   You also agree that you will not:
• upload, 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 support@q-surf.com.
• copy, 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.
• transmit any content that might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others.
• 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.
• attempt 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.
• Promote 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.
• Excessive consume or abuse of resources, including CPU time, memory, disk space and session time or installation and running of those programs (eg. IRC server).
• Attempt to view any system files or alter material that is not owned by your username.
  
  

2. 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 addresses ("spamware").
   

3. 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.
   
   

4. 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.
   
   

5. 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.
   
   
6. Cancellation/Termination: Either 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.
   
   
7. 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.
   
   

8. Refund: All payment to Q-Surf are final. There will not be a refund if a client wants to withdraw account from Q-Surf Computing Solutions.
   
   

9. 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.
   
   

10. 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 otherwise called Acceptable Terms of use policy.
    
    

11. 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 fees.
    

12. Refusal of Service: We reserve the right to refuse, cancel, or suspend service at our sole discretion.
    
    

13. 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.
    

14. 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.
    
    

15. 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.
    
    

16. 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 preference.