QUANTUM BUSINESS SOLUTIONS, LLC
hereinafter referred to as "QUANTUM" OR "QBS"
WEB HOSTING & SERVICES
- Hosting Package services on the QBS web site and terms and conditions and identifies all that is included and detailed within specific packages shown on the QBS web site. Although we do not require a contract for this particular service You are still bound by all of the terms and conditions listed on this site under "Terms & Conditions".
- Hosting Price is based on a monthly fee. Your credit card will be charged automatically initially upon receipt of your order and thereafter on the first of each month the amount shown without your signature as approved by you in writing either by a signed agreement or recurring charge permission sheet.
- To cancel the automatic monthly charge, the customer must fill out our online cancellation form. Upon proper notice, we will cancel your hosting & other services 30 days later. You may see one final charge on your account depending on when you send your 30 day notice in, but from that point you will not be charged any further. All services will then be deactivated at midnight on the last day of service.
- Customer is prohibited from transmitting on or through any of QBS servers or services, any material this is, in QBS sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international.
- QBS services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. QBS reserves the right to remove such illegal material from its servers.
- The customer is responsible for keeping their billing data with QBS up-to-date and accurate. Furnishing false data on the sign up form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
- Quantum reserves the right to choose not to service or work with any individual or company.
- Any customer who initiates a chargebacks, disputes or any other related item, may have their line of credit, ability to use a credit card for payment, and/or ability to pay by check suspended at Quantum's sole discretion. Quantum may elect to accept a money order or cashier's check as forms of payment.
SYSTEM AND NETWORK SECURITY:
- Customer may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.
- Customer may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to: “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
- Customer may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
- Users who violate systems or network security may incur criminal or civil liability. QBS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
- Customer may not spam any search engine by submitting more pages than any search engine permits in one day.
- Harassment, whether through language, frequency, or size of messages, is prohibited.
- Customer may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email. If the Customer or any vendor the Customer may hire to send email is caught sending Unsolicited Mail (SPAM) the Customer may be subject to fees which will be determined by the amount and extent of the damage, downtime, interruption or volume sent through a QBS server(s). Customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
- Customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
- Customer may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
- Malicious email, including but not limited to, “mail bombing” (flooding a user or site with very large or numerous pieces of email), is prohibited.
- Forging of header information is not permitted.
- QBS accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Net Abuse Policy.
- Quantum is not responsible if your email advertisement does not bring the Customer sales or inquiries for any reason. Quantum cannot guarantee results, sales, responses or inquiries from purchasing any e-mail list from Quantum. Quantum IS NOT responsible for any claims of SPAM from any party or loss of business for any reason. The person(s) or corporation(s) who sends the e-mail advertisement out to this list are the responsible parties to check ALL laws in ALL states for SPAM REGULATIONS to insure ALL LAWS are adhered to in full. By purchasing this list you assume all legal ramifications upon yourself or parties using the list and release Quantum from any such liability.
PROVISIONS OF SERVICE:
- Pursuant to the terms and conditions of the parties, Customer agrees to purchase certain Internet, web or printing services set forth herein.
- Customer acknowledges and agrees that the Internet Services provided by QBS may include access to third party networks via QBS and that Customer will abide by the reasonable rules and policies for such networks that may be provided from time to time.
- QBS agrees to announce, as may be required, Customer provided routes to QBS peers or other transit providers that QBS may use from time to time.
- Customer also acknowledges and agrees that QBS reserves all rights and property interest in the IP addresses that may be assigned to Customer.
USE OF INTERNET SERVICES:
- QBS Internet Services are to be used solely by Customer and the entitles, if any, to whom Customer re-sells the Internet Services. Customer represents, warrants and covenants that it will not transmit, re-transmit, store or otherwise use the Internet Services in violation of any federal, state, local or international laws or regulations (collectively, “Laws”), including but not limited to, any Laws relating to copyright, trademark or other intellectual property or proprietary rights, or any Laws relating to U.S. export, and that it will not post, transmit or re-transmit any unlawful, threatening or abusive material of any kind.
- In using the Internet Services, Customer agrees that it will comply with QBS “Net Abuse Policy” that prohibits such activities as: (i) gaining or attempting to gain unauthorized access to another account, host or network; and (ii) distributing, posting or collecting unsolicited, duplicated messages to entities who do not expressly request such messages (“Spamming”)
- Customer shall not improperly restrict or interfere with use of the Internet Services (or of the Internet general) by QBS or its affiliates, any QBS customer, or any third party. Upon notice from QBS, Customer shall promptly remove any hazard, interference or service obstruction that may be caused by hardware or software not provided by QBS. Should the Customer upload a virus or infect file(s) through FTP access, the Customer will be responsible to pay for any interruption in service to the server or other clients on the server.
SUSPENSION, TERMINATION, DAMAGES
- If QBS determines that a law, regulation, ordinance or order prohibits, substantially impairs or makes impractical the provision of any part of the services provided to the customer, QBS may terminate services to the customer without liability upon thirty (30) days written notice to Customer (or sooner if with the consent of Customer), unless earlier termination is required by law.
- Except as provided herein, upon the Customer’s breach of any provision of herein, QBS may immediately suspend all services or terminate all services to the customer permanently. Nothing herein limits QBS’ right to any other remedies available to QBS at law or in equity.
- QBS upon non payment for monthly hosting fees, will issue a notice to allow the customer 3 days to rectify and bring their account current. If the account is not brought current by the specified time, QBS will suspend all services or terminate all services to the customer permanently.
- If the customer wants services to be restored after payment is not rendered by the agreed upon extension, reactivation fees and late fees will apply accordingly.
- If QBS suspends services, it may post a web page for visitors indicating that the Site is unavailable or undergoing maintenance while the suspension is in effect.
- On termination of services, QBS will stop performing services to the customer. Services include but are not limited to: (a) deactivating the Site so Customer will no longer be able to display, manage or access its content on the Site, (b) diverting traffic to the IP addresses previously used for the Site to a notice that the Site has been deactivated, undergoing maintenance or temporarily out of service, (c) redeploying the IP addresses for any purpose in QBS’ discretion, and (d) other measures appropriate to discontinuing the services.
- Customer shall remain obligated for all charges due and owing up to and through the date of termination, with interest until fully paid at the rate of one and one-half percent (1-1/2%) per month, but in no event shall the maximum amount exceed what can be charged legally.
TRANSFER AND ASSIGNMENT
- This agreement is binding on the parties and their respective successors and assigns. Notwithstanding the previous sentence, neither party may assign or transfer this Agreement, or any part thereof, without prior written consent of the other party except that QBS may assign its rights and obligations under this Agreement without Customer’s consent to an entity that acquires all or substantially all of the assets of QBS or to any subsidiary or affiliate of QBS. An assignment contrary to the foregoing provisions shall be void and of no effect.
INVOICES AND ESTIMATES:
- QBS will generate an electronic invoice for offline orders for each product or service ordered by the Customer and send via electronic mail when requested by the Customer. Otherwise, QBS will not send any invoices.
- If your order was placed online from the web site directly, an invoice will be generated at the time of the order and will be available for a minimum of 90 days online at which time it may be archived or deleted from the system.
- If your order was placed where you signed a Recurring Charge Permission Sheet, invoices will not be sent unless requested by customer. No prior notification of charges to the customer's account will be sent. The Recurring Charge Permission Sheet indicates the dates when charges will be charged, and only in the case of special agreed upon arrangements by both parties will those change.
- The Customer understands and agrees that QBS is NOT an authorized merchant representative and that QBS will NOT assist in the paperwork or the approval process of the Customer to enable the Customer to accept credit cards for electronic payment on their web site. The Customer is solely responsible for choosing their Merchant provider and getting approval via their merchant provider. QBS will not be held liable for any reason should the Customer be denied approval by any merchant processor.
WARRANTIES AND REMEDIES:
- Customer understands that the Internet is not owned, operated, managed by or in any way affiliated with QBS and that all content, services, information and other materials that may be offered, made available, or are accessible on the Internet are offered, made available, or are accessible solely by third parties who are not affiliated with QBS or its affiliates. Use of the Internet by Customer, Customer’s customers or any other authorized users is solely at the respective user’s own risk and is subject to all applicable laws. QBS does not warrant that the Internet Services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the Internet Services, is free of viruses, disabling code, worms, or any other harmful components.
- Without limiting anything contained herein, Customer further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people and that Customer’s access to such materials are at Customer’s own risk. QBS has no control over and accepts no responsibility or liability of any kind for such materials.
- Internet services are provided on an “AS IS” basis without warranties of any kind. QBS disclaims all warranties, oral or written, expressed, implied or statutory, including without limitation the warranties of title and non-infringement, and the implied warranties of merchantability and fitness for a particular purpose, with regard to any merchandise, information or service provided through the Internet or any transactions conducted on the Internet.
- In no event shall QBS, its affiliates, officers, directors, employees, agents or assigns be liable for any damages, including but not limited to, lost profits, loss of business, indirect, incidental, special, exemplary, punitive or consequential damages that result in any way from customer’s or its authorized users’ reliance on or use of content, information, services or merchandise provided on or through the Internet services, or that result from or are related to, mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance of any kind, even if QBS has been advised of the possibility of such damages.
- Customer shall defend, indemnify and hold harmless QBS, its affiliates, owners, shareholders, officers, directors, employees, agents and assigns from and against all lawsuits, claims or actions, threatened claims or actions, liabilities, demands, judgments, injuries, losses, costs and expenses, including but not limited to reasonable attorney’s fees, relating to or arising from:
- the use of the Internet Services or the Internet in general or the placement or transmission of any message, information, software or other materials or content on the Internet by Customer or its authorized users;
- willful misconduct or negligent acts of Customer, its authorized users, agents or contractors in connection with the terms herein;
- infringement of any patent, trademark, copyright or any other proprietary rights arising from or relating to the use of any equipment, software, including but not limited to domain names, images, logos etc..., or system used by the Customer; and
- for any outage in service provided by QBS as a result of viruses, hardware failure, software failure or for any reason whatsoever; and the violation of any Laws or other regulations
- QBS, nor its affiliates, guarantee results to the Customer of any type of advertisement including search engine submission made on behalf of the Customer and as such will be held harmless from any claims or actions, threats, liabilities, demands, judgments, injuries, losses, costs and expenses resulting from any national or local advertisement that QBS and/or its affiliates provide in an effort to create traffic to the Customer's web site.
- QBS will not be held liable or responsible in any way for any of its affiliates or its assigns, representatives or employees of said affiliate the following: actions, promises, understandings, advertisements, product provided by affiliate to Customer, or agreement in writing or verbally that any affiliate or its assigns, representatives or employees may have with the Customer.
- Although QBS makes reasonable efforts to keep material on this web site current, please understand that laws, regulations, other legal authorities and other information change quickly and may not be fully reflected on this site without delay. Therefore, you should not act upon any information on this website without seeking professional counsel if you have questions.
- QBS makes no warranties, representations or claims of any kind with respect to any of the information on this web site, including without limitation the accuracy, completeness and suitability for any purpose of this information. Under no circumstance shall QBS or any of its partners, associates, consultants or agents involved in the creation or delivery of the material on this web site be liable to you or anyone else as a result of damages from your access or use of material on this web site.
- Some links within our web site may lead you to other sites (third-party sites). QBS does not have control over those sites and is not responsible for their content or your reliance on the information contained there. Our links to third-party sites do not necessarily create an endorsement or approval of any content on those sites.
- Once you go to a third-party site, you do so at your own risk.
- You are subject to the terms, conditions of use and privacy policies of the third-party site.
YOU FURTHER AGREE:
- That you will not disrupt or interfere with another user's use or enjoyment of the Services;
- that you will not use or attempt to use another person's or entity's account, service or system without authorization from the owner, nor will you disrupt or interfere with the security of, or otherwise abuse, the Services, system resources or accounts, or any servers or networks connected to the Services;
- that you will not attempt to obtain unauthorized access to Services, or to private lists on the Services;
- that you are solely responsible for your actions in relation to Services, and for any communications transmitted under your account;
- That you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields, including without limitation, lists, list owner identities, or email addresses, from our Website;
- That you will not forge header or address information or otherwise impersonate another or create a false identity;
- That you will not disrupt the normal operations of the Services or cause any substantial change in the usual content or frequency of emails sent using the Services;
- that you will comply with all laws relating to the transmission of technical data or software exported from the United States; and,
- That you will comply with all applicable local, state, federal, national and international laws and regulations, including without limitation those related to privacy and data collection as well as CAN SPAM LAWS.
- You agree that you will not SPAM or send UNSOLICITED EMAIL using any of our servers or any domain that is hosted, managed or serviced by us.
- You agree that we may in our sole discretion remove any material that appears to violate any of the foregoing, and may immediately limit or terminate your account or access if it appears you have violated any of the provisions as described herein.
- That you hereby authorize us to charge your credit card in advance for the applicable products and/or services you ordered from us whether online, via phone or fax, or via email without your signature.
- that you understand that our databases, when available, are sold as is. All Database rentals or sales are final. No refunds or credits.
GOVERNING LAW & VENUE
- If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms.
- Limitation of Liability: In no event shall Quantum be liable for special, exemplary, incidental, or consequential damages (including, without limitation, lost revenues, profits, savings or business) or loss of records or data, whether or not the possibility of such damages has been disclosed to Quantum, Inc in advance or could have been reasonably foreseen by Quantum, and whether in an action based on contract, warranty, strict liability, or or otherwise. Quantum's maximum aggregate liability for any claim, loss or other liability arising out of, or connected with, any product or service, the Services contemplated for the Customer or Customer's use of any such Services or Services, and whether based upon contract, warranty, strict liability, tort, or otherwise, shall in no case exceed the aggregate amounts paid to Quantum by Customer under any Service Schedule giving rise to such claim during the last one month. Quantum will not be liable for any damages claimed by Customer based upon any third-party claim. Quantum's entire liability and Customer's remedies under this Agreement shall be subject to the limitations contained herein. The limitations on warranty and liability specified herein above and will survive and apply even if any limited remedy herein is found to have failed of its essential purpose. The parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Customer for Services reflect these limitations. No action arising out of this Agreement, regardless of the form thereof, may be brought by either party more than six (6) months following the date the cause of action arose, provided, however, that Quantum may bring an action for non-payment of amounts required to be paid by Customer hereunder at any time.
- Refunds: Customer may request a refund at anytime during web development/design engagement. Refunds will only be given after review and at the sole discretion of Quantum, and only if Quantum determines that Customer's requests were not fulfilled due to Quantum's inability. If Quantum determines that refund request is not justified, then refund or credit will not be given. If Quantum initiates the termination of working agreement, for any reason, then Quantum will refund for any work not completed based on the original quote/estimate for services to be provided to the Customer. Refunds will be paid within 90 days after Quantum terminates work.
- The terms as outlined herein does not license either party to use the other’s name, logo, trademarks, service marks, brands or other similar rights.
- QBS PROVIDES ALL PRODUCTS & SERVICES “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. QBS DISCLAIMS ALL IMPLIED WARRANTIES OF EVERY KIND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
- CUSTOMER ACKNOWLEDGES AND AGREES THAT NEITHER QBS NOR ITS PRODUCTS & SERVICES ARE NOT RESPONSIBLE FOR THE RESULTS, SUCCESS OR FAILURE OF CUSTOMER’S BUSINESS.
- QBS’ failure to insist upon strict compliance with any term of this Agreement in any instance shall not be construed as a waiver of such term in the future.
- If a provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and shall be construed as nearly as possible to effectuate the original intentions of the parties.
- Neither party’s failure to perform or delay in performing under this Agreement shall constitute a breach under any provision of this Agreement if the failure or delay is caused by events beyond the party’s reasonable control. If performance becomes possible again after such events no longer prevail, the party whose performance has been affected by such events shall make reasonable efforts to remedy the failure or delay as soon as practical (unless this Agreement has terminated or expired for other reasons).
- The terms as outlined herein shall be governed by and construed under the laws of the State of Texas, without reference to principles of conflicts of laws. Part or all of the obligations under this Agreement are to be performed in Travis County, Texas. The parties consent to personal jurisdiction in Texas, and agree that venue shall be in Travis County. Customer shall pay all legal costs and expenses and all attorney fees that QBS incurs to enforce its rights or Customer’s obligations under this Agreement.
- The terms as outlined herein, by clicking on acceptance of terms during a checkout or purchase process or using the www.QBSBiz.com web site, signing an Agreement, filling out a Recurring Charge Permission Sheet, Receiving an Invoice for services rendered, signing a Service Schedule, etc... constitutes your acceptance of the terms as detailed herein and will be considered the entire agreement between the parties with respect to its subject matter and supersedes any and all prior or contemporaneous agreements, representations and understandings including any oral or written agreements, representations and understandings with the exception of valuations of files or purchase of ownership which may be outlined in such separate agreement between the parties, if applicable.
- The Terms herein may be changed at anytime by QBS without any notification to the customer.