Terms of Service (TOS)

ServerQuick Web Hosting. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of ServerQuick Web Hosting Service constitutes acceptance and agreement to ServerQuick Web Hosting's AUP as well as ServerQuick Web Hosting's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of ServerQuick Web Hosting. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Harris applicable to contracts enforceable in that state. Venue will be Harris County, Texas

1. Disclosure to Law Enforcement: The AUP specifically prohibits 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. In addition ServerQuick Web Hosting shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber will retain 100% locked in rate from the first purchase rate until the life of the account (not including re-activation). Any promotional offer is contingent upon Company coupons running times and there after shall revert to the current price of the services provided. All this is subject to ServerQuick achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service..  

4. Payments and Fees: Unless notified by the client or ServerQuick Web Hosting. prior to seven days prior to the anniversary date of the month ALL accounts that provide Auto charging services shall be automatically processed on or as near as possible to the anniversary date of the month as required. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by ServerQuick Web Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. You will be held responsible for 5% interest fee per invoice(s) past due, per month.

5. Refund and Disputes: All payments to ServerQuick Web Hosting. are nonrefundable. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ServerQuick Web Hosting's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay ServerQuick Web Hosting an "Administrative Fee" of not less than $50 and not more than $150.

6. 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. Subscriber will be held responsible for any collections and attorney fees applicable for all unpaid invoices.

7. Account Cancellation: Requests for canceling accounts must be made at least 7 days notice prior to end of billing cycle (anniversary date in the month) emailed to:
   
   Email sales@ServerQuick.com

8. You must provide all account information to cancel including:
        -  Client ID (FTP Login)
        -  Full Name
        -  Domain and/or Server IP
        -  Reason for cancellation

9. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

10. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 1- 2 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by ServerQuick Web Hosting. on behalf of the account holder a handling fee will be incurred.

11. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to ServerQuick Web Hosting. will require a minimum of three (3) days to be set up and entered into our DNS servers. In some cases, such transfers may take longer. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by ServerQuick Web Hosting. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

12. Support Boundaries: ServerQuick Web Hosting, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: ServerQuick Web Hosting provides support related to your server or virtual site physical functioning. ServerQuick Web Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. ServerQuick Web Hosting does not provide technical support for YOUR customers. ServerQuick Web Hosting does not provide technical support for YOUR customers. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources. It is recommended to use our knowledgebase first before submitting a support request. You will find most answers to common problems/questions there.

Server Support Not Provided:

• modifications to the operating system and control panel

• Programming of any kind on your website

• Installation of 3rd party software

• Third party software including but not limited to Fantastico, any other free scripts included with cPanel

• Tutorials on modifying anything on the server. We do not provide you tutoring on how to operate the server. There is online documentation and flash tutorials available for you if needed.

• Backups of the accounts data is the sole responsibility of the clients. Unless the backup service is provided as part of the service plan. and then only backed up as stated in the add on service.

Any thing found to corrupt the Operating System (OS) will result in a $50 Operating System reinstall fee. There is an additional $50 per hour administration fee for any other services required (restore) after the Operating System reinstall. Administration fees rated in half hour increments.

12. Free Software "Add-on Scripts": ServerQuick Web Hosting. does not support you on any of the 3rd party software, also known as "add-on scripts" in our scripts library. These are solely provided to you for ease and convenience of instant "auto install" installation. You will need to request support directly from the software developers from their website. You may request the website link from us anytime.

13. Third Party Software: ServerQuick does not provide any support for any third party software including software found in Fantastico. We do not guarantee any third party software to function within our servers (it is your responsibility to research on software requirements).  ServerQuick' dedicated customers may wish to install any software at their expense and their will so long as it does not break our AUP policy. It is solely the customer's responsibility to install any software and to keep the server in workable status. The customer is held responsible for a $50 fee for any operating system re-install (reload) if required.

14. BETA Modules: ServerQuick Web Hosting reserves the right to deny support to any customer on any beta mode modules and software. We reserve the right to refuse to solve any issues causes indirectly or directly by such beta modules.

15. SPAM and Unsolicited Commercial Email (UCE): ServerQuick Web Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ServerQuick Web Hosting may not use or permit others to use our network to transact in UCE. Customers of ServerQuick Web Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.

1. Violation of ServerQuick Web Hosting's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ServerQuick Web Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, ServerQuick Web Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ServerQuick Web Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ServerQuick Web Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ServerQuick Web Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.

2. First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that ServerQuick Web Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

3. As our Customers are ultimately responsible for the actions of their clients over the ServerQuick Web Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.  

IMPORTANT NOTICE:

BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

2. Network

   1. IP Address Ownership: If ServerQuick Web Hosting assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ServerQuick Web Hosting, and Customer shall have no right to use that Internet Protocol address except as permitted by ServerQuick Web Hosting in its sole discretion in connection with the Services, during the term of this Agreement. ServerQuick Web Hosting shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ServerQuick Web Hosting, and ServerQuick Web Hosting reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

   2. Bandwidth and Disk Usage: Customer agrees that if bandwidth and or disk usage exceeds the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). ServerQuick Web Hosting will monitor Customer's bandwidth and disk usage. ServerQuick Web Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action will include the assessment of additional charges (increasing the plan to the next available), unless there is an agreement that ServerQuick shall not do so, in which case, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ServerQuick Web Hosting's sole and absolute discretion. If ServerQuick Web Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ServerQuick Web Hosting may, at its sole discretion, collect a deposit, in an amount determined by ServerQuick Web Hosting, against customer's credit card on file with ServerQuick Web Hosting.

   3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the ServerQuick Web Hosting Network. Violations of system or network security may result in civil or criminal liability. ServerQuick Web Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

      1. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

      2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

      3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

      4. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

      5. Taking any action in order to obtain services to which such User is not entitled. 

3. Server Hardware Replacement: ServerQuick Web Hosting guarantees hardware replacement should any part of OUR Hardware fail. We will first investigate and test to be sure the hardware is in fact defect. You are not held liable for costs. ServerQuick hold no responsibility for any loss data should this incur to you. so remember to maintain a regular backup regiment

4. Notification of Violation:

   1. ServerQuick Web Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

   2. First violation: Any User, which ServerQuick Web Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at ServerQuick Web Hosting's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

   3. Second Violation: Users that ServerQuick Web Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

   4. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

5. Suspension of Service or Cancellation: ServerQuick Web Hosting reserves the right to suspend network access to any customer if in the judgment of the ServerQuick Web Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ServerQuick Web Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

6. ServerQuick Web Hosting reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of ServerQuick Web Hosting 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.

7. Indemnification: ServerQuick Web Hosting wishes to emphasize that in agreeing to the ServerQuick Web Hosting Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies ServerQuick Web Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ServerQuick Web Hosting or the bringing of any claim against ServerQuick Web Hosting by any third-party. This means that if ServerQuick Web Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ServerQuick Web Hosting, plus all costs and attorney's fees.

8. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, address, fax, and telephone contacts are used, in that order of preference.

   1. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

   2. 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.

   3. ServerQuick Web Hosting takes no responsibility for any material input by others and not posted to the ServerQuick Web Hosting Network by ServerQuick Web Hosting. ServerQuick Web Hosting is not responsible for the content of any other websites linked to the ServerQuick Web Hosting Network; links are provided as Internet navigation tools only. ServerQuick Web Hosting disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

   4. ServerQuick Web Hosting is not responsible for any damages your business may suffer. ServerQuick Web Hosting does not make implied or written warranties for any of our services. ServerQuick Web Hosting 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 ServerQuick Web Hosting.

   5. It is absolutely forbidden to host pornographic, Pirated content, Cracks or IRC servers on ANY Server Accounts. Any accounts found hosting this material will be subject to immediate cancellation without refund.

9. Responsibility for Content: You, as ServerQuick Web Hosting's customer, are solely responsible for the content stored on and maintenance and served by your ServerQuick Web Hosting server. ServerQuick is not responsible for any loss of data or content. It is your responsibility to keep any third party software updated to reduce security risks. If you are found running software that has fixed known security problems you will be notified by email to update your software. If you fail to arrange updates within a reasonable time then your account maybe closed until the updates are made.

10. Denial of Service: We reserve the right to refuse service to anyone at any time for any reason.