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TERMS
OF SERVICE
QOOL
Host provides web site hosting. QOOL Host reserves the
right to suspend or cancel a client's access to any
or all services provided by QOOL Host when QOOL Host
decides that the account has been inappropriately used
or otherwise.
SERVER
USE
QOOL
Host hosting plans are to be used by the primary owner
only. Clients are not permitted to resell, store or
give away web-hosting services of their website to other
parties, unless they have prior permission from QOOL
Host.
QOOL Host reserves the right to refuse service and /
or access to its servers to anyone it deems necessary.
All services provided by QOOL Host may only be used
for lawful purposes. Transmission, storage, or presentation
of any information, data or material in violation of
any United States Federal, State or local law is prohibited.
This includes, but is not limited to: copyrighted material,
trademark, intellectual property, material we judge
to be threatening or obscene.
Also prohibited are sites that promote any illegal activity
or present content that may be damaging to QOOL Host
servers. Links to such materials are also prohibited.
Any illegal activity, including illegal adult content,
links to illegal adult content web sites, spamming,
cracking or hacking will result in your site being shut
down and all your files deleted without warning.
Adult content is not allowed.
We DO NOT allow Internet-Relay-Chat ("IRC")
or IRC bots to be operated on our servers.
QOOL Host will be the sole arbiter as to what constitutes
a violation of this provision.
HIGH
RESOURCE USER POLICY
Resources
are defined as cpu utilisation and / or resource manipulation.
QOOL Host may implement the following policy to its
sole discretion:
When a website is found to be monopolising the resources
available, QOOL Host reserves the right to suspend or
terminate that account immediately.
This policy is only implemented in extreme circumstances
and is intended to prevent the misuse of our servers.
An agreement is normally reached with a client, allowing
them to upgrade their web hosting plan for an additional
fee.
PAYMENT
POLICIES
All
accounts are set up on a prepay basis. QOOL Host reserves
the right to change prices of accounts or services at
any time. Prepayment is due every anniversary month
following the date the account was established. Clients
will automatically be charged at this time unless email
cancellation request has been confirmed by QOOL Host.
Cancellation requests must be sent to billing@qoolhost.com
at least five business days prior to your next billing
date.
In situations where the card number on file is declined
QOOL Host will immediately suspend the facility to purchase
services on-line until the outstanding charge is processed
successfully. In addition, QOOL Host reserves the right
to suspend other services until the outstanding debt
is cleared. The client is responsible for all money
owed on the account from the time it was established
to the time that the client sends an emailed cancellation
request.
All invoices will be sent directly to clients via email
shortly after the online purchase has been made. At
this point the client's card will be charged automatically.
CANCELLATION
AND REFUNDS
QOOL
Host reserves the right to cancel a clients account
at any time, if it is found that the client contravened
QOOL Host's terms of service. The clients account will
be terminated immediately, and a refund will not be
provided. Clients may cancel their account at any time.
We provide a 30 day money back guarantee on all our
hosting plans.
If a client cancels during the initial 30 days, the
client will receive a full refund. There are no refunds
for clients after the initial 30 days, we do not provide
pro-rata refunds.
INDEMNIFICATION
Client
agrees to use all QOOL Host services and facilities
at their own risk.
Client agrees that it shall defend, indemnify, save
and hold QOOL Host harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against QOOL Host, its agents,
its clients, officers and employees, that may arise
or result from any service provided or performed or
agreed to be performed or any product/service sold by
client, its agents, employees or assigns. Client agrees
to defend, indemnify and hold harmless QOOL Host against
liabilities arising out of; (1) any injury to person
or property caused by any products sold or otherwise
distributed in connection with QOOL Host's servers;
(2) any material supplied by client infringing or allegedly
infringing on the proprietary rights of a third party;
(3) copyright infringement and (4) any defective products/services
sold to client from QOOL Host's server.
SPAM
POLICY
QOOL
Host is committed to an anti-Spamming policy. Under
this policy, we prohibit Spam, or any unsolicited commercial
email, from being sent over the QOOL Host network, by
clients or any other users of the QOOL Host network
(including clients' clients).
We reserve the right to terminate the services, without
prior notice, of any client disregarding this policy.
Sending unsolicited commercial email (spam), cross-posting
messages to a large number of usenet groups, posting
obscene or threatening messages while using or referring
to an QOOL Host email address or web site URL is prohibited.
The use of QOOL Host servers as a mail drop for responses
to activities described above is also prohibited.
If you have any complaints or comments regarding spam
on our network, please email them to abuse@qoolhost.com.
DISCLAIMER
QOOL
Host will not be responsible for any damages your business
may suffer, be it direct, indirect or consequential.
QOOL Host makes no warranties of any kind, expressed
or implied for services we provide. QOOL Host disclaims
any warranty or merchantability.
If you have any queries regarding our Terms of Service,
please email us at support@qoolhost.com.
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