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This document comprises the Terms of Use Agreement, hereinafter referred to as the “Agreement”, and constitutes a legally binding Agreement between you and Qsoft, Inc.
(“We”/”Us”/”This Site”/"HostGadget").
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As a condition precedent to you being able to use any of the tools, functions and services provided to you by this Site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of this Site, or use any tools, functions or services that this Site offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once and discontinue using our services.
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Account Provisions
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For each service that you order, you are obligated to provide us with the appropriate payment in advance for each month of service. We may alter the monthly fees charged for any service at anytime with notice being posted on our site or emailed to you.
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Money Back Guarantee
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Shared and Reseller Service accounts offer a thirty day unconditional money back guarantee. During the first thirty days of your receipt of our service you may request a full refund of the amount you have paid us for the services that you have received. Our guarantee does not apply to domain name purchases, installation fees, admin fees, or dedicated servers.
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Up Time Guarantee
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We promise that all Shared and or Reseller accounts shall enjoy a 99.9% physical uptime .If we fail to live up to that, you may request and receive a full month credit on your account. We do not honor third party monitoring of uptime or downtime. Dedicated servers are not covered by this guarantee, but will receive a prorated credit for any downtime based on our monitoring statistics. We calculate all uptime based on or own statistics. All requests for refund credits must be made via email within 30 days of the downtime taking place.
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Dedicated Servers
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We have the obligation to conduct security audits: we will reset passwords on dedicated servers if the password on file is not current. We reserve the right to conduct audits and to endeavor to protect the interests of our datacenter by providing such audits. You must ensure that you have presented us a valid email address and that you possess at all times your root password. Forced password resets will result in downtime that you will not be credited for.
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Intellectual Property Provisions
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All content provided within or via this Site is protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, or broadcast in any way without the written permission of the content owner. The content of this Site may not be “framed” or “mirrored”. All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
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Disclaimer Regarding Functionality
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All content, tools, functions and services provided via this Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title and non-infringement. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are made and the operators of this Site have not independently verified the validity of any of the content presented herein this Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.
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Special Rules Regarding Legal Restrictions
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All services provided by us may only be used only for lawful purposes. You agree to HOLD us HARMLESS and defend us from any civil claims arising from your use of the tools and services that we supply to you.
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You may not use our services to infringe upon the copyright or other intellectual property right of any third person or entity. Copyrights to music, movies, photos, artwork and any other copyrights must be respected by you.
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You may not publish material that is or features:
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- Indecent
- Obscene
- Pirated
- IRC Bots
- Warez
- Image hosting sites that we hold to be objectionable for any reason
- Lotteries
- Gambling
- Hacker sites
- Muds
- Get Rich Quick Sites
- Escrow
- Pornography(of any kind)
- Proxy Scripts
- Any Unlawful Activity Sites
- Free Web Hosting services
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In short: we reserve the right to refuse service for any reason to any customer. We reserve the right to remove your site at any time for any reason with no prior notice to you. If we are uncomfortable for any reason in having you as a customer, due to the nature of your business or because we do not care for the nature of communications that you have sent to us, we will depublish your site and refuse to offer you further services.
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We cooperate with all law enforcement officials who investigate alleged criminal activity on the part of our clients, without need for a subpoena.
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Spam
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We have a zero tolerance for Spam. If you issue Spam we will close your site and refuse to offer you services. If you promote Spam in any way, as determined by our sole discretion, we will remove your site and refuse to offer you further services.
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Data Loss
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We are not responsible for your data. You must arrange to back up your data and files.
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Refunds
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We reserve the right to prorate any refunds due to you upon cancellation. Should you violate any of the terms and conditions of this Agreement, you will waive any refund otherwise due to you.
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Resource Limitations
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You may not use more of our system resources than we, in our sole discretion, find to be reasonable or appropriate. Should we notice that you are using an unusual amount of our system resources, we shall depublish your site. If you cannot guarantee that you can remove the issue causing the over usage of our system resources, we shall refuse to provide additional services to you.
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You are allotted bandwidth pursuant to the hosting package you have purchased. Unused bandwidth does not roll over to the following month. If an overage happens, we may depublish your site or we may charge your credit card for the overage.
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Resellers
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We do not provide support to clients of our Resellers, the Reseller must provide all support. Resellers who do not assume their support responsibilities will have their accounts placed on hold.
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We will remove any client of a Reseller who publishes a site/material that we find to be objectionable, illegal, or violates our Terms of Service. Shared accounts may not act as Resellers. Only Reseller Accounts may Resell our services.
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Termination of Service
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We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
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Automatic Viewing or Usage of this Site or Services
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You may not use any automated scripts or “robots” to access, copy, or manipulate any content provided on this site or our services. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
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Links to Third Party Sites
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We may provide links to third party sites; however, we are not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.
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Submissions
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All submissions (but not personal information) become the property of this Site. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the content of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
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Limitation of Liability
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We are not responsible for any damages arising from your use of this Site, or any tools, functions or services that this Site provides to you, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive, actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature. You agree to hold us harmless from any loss or harm of any nature due to your usage of this Site or any tool or service that we provide to you. You agree that you will never sue or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against us, you agree that damages will be limited to that precise amount of money that you have paid us for services rendered to you.
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Jurisdiction
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This Agreement, including all Disclaimers, will be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Washington, DC before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and (iii) this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through arbitration as set forth in this section.
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Foreign Usage
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We make no representation that the usage of this Site, or the services provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your jurisdiction, especially if you are accessing this Site from outside the United States of America (USA). Unless otherwise stated, the contents of this site are published for the use and enjoyment of residents of the USA.
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General Information
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This Site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors.
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We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
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We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
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Notice
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Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
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Intellectual Property Notices
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You agree that you have been suitably noticed of any trademark, trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and any violation by you of any such property rights is fairly deemed to be “willful” in nature.
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All product names, marks, logos, symbols, and company names are the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
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