Daytona Beach - Website - Terms of Service

"Website Hosting & Design"

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Quadaces is a Web Presence Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement of information on Quadaces's servers is an acknowledgement that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind on Quadaces's servers. Quadaces ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Quadaces Service constitutes acceptance and agreement to Quadaces AUP as well as Quadaces's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Quadaces 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.

1. USER CONDUCT
   1. Quadaces's services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Quadaces, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
   2. While using the service, you may not:
      1. Restrict or inhibit any other user from using and enjoying the Internet;
      2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws;
      3. Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component;
      4. Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material);
2. INDEMNIFICATION
   1. You agree to indemnify, defend, and hold harmless Quadaces from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Quadaces, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web Site content.
   2. Quadaces wishes to emphasize that in agreeing to the Computer Solutions Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Quadaces for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Quadaces or the bringing of any claim against Quadaces by any third-party. This means that if Quadaces is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Quadaces, plus all costs and attorney's fees.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
   1. Quadaces reserves the right to refuse or discontinue service to anyone at Quadaces's sole discretion. Quadaces may deny you access to all or part of the service without notice if you engage in any conduct or activities that Quadaces in its sole discretion believes violates any of the terms and conditions in this agreement. Quadaces shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that Quadaces has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Quadaces reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
   2. Suspension of Service or Cancellation: Quadaces reserves the right to suspend network access to any customer if in the judgment of the Quadaces 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 Quadaces 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.
4. NO WARRANTIES
   1. Quadaces makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Quadaces or its agents or employees shall create a warranty. Quadaces provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Quadaces be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Quadaces service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.
   2. You understand that by placing information on Quadaces's servers that such information becomes available to all Internet users and that Computer Solutions has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Quadaces's servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Quadaces or on the Internet generally.
5. ECPA NOTICE
   1. Quadaces reserves the right to monitor any and all communications through or with our facilities. You agree that Quadaces is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
6. IDENTIFICATION INFORMATION
   1. You agree that you, as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Quadaces with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
   1. You agree not to maliciously or intentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
   2. You agree to adhere to system policies as published online by Quadaces, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Creative Insusions. You agree to abide by any and all future Quadaces policy decisions.
8. SECURITY
   1. You agree that the security of your account is solely your own responsibility. You further agree that if you believe the security of your account has been compromised in any way, you will notify Quadaces immediately in writing by registered mail, with return receipt, to Quadaces, 3635 Dame St Port Orange FL. 32129. You shall be held fully responsible for any misuse or compromise to your account for which Quadaces is not properly notified. You agree not to provide or share access to your account to any third party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g., FrontPage webs, additional FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features. You agree that if any security violations are believed to have occurred in association with your account, Quadaces has the right to suspend access to the account pending an investigation and resolution. You also agree that Quadaces has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and will be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
   1. Your use of the service is at your sole risk. Quadaces is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Quadaces servers.
10. TRANSMITTAL OF MATERIALS
    1. You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Quadaces or any other service with reference to services obtained through Quadaces, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Quadaces, or any other party or parties resulting from any such conduct.
11. PAYMENT
    1. You agree to supply appropriate payment for the services received from Quadaces, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Quadaces of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Quadaces may apply the amount due to the provided card at any time. You agree, that after 30 days, Quadaces is under no obligation to provide refunds, in the event of account termination.
       
       All bills are due immediately at time of reception.
       
       website hosting bills that are 30 days late will require a $35.00 re-activation fee
       
       Transfered websites will require a $35.00 fee for domain tranfers
       
       Transfered websites via CD will require a $35.00 fee for copy of CD.
12. PRIOR AGREEMENTS
    1. This agreement supersedes any written, electronic, or oral communication you may have had with Quadaces or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
13. SEVERABILITY
    1. If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
14. APPLICABLE LAW, JURISDICTION, AND SERVICE
    1. This agreement shall be governed by the applicable laws of the State of Florida, USA ("Florida") and the United States of America. Customer further agrees that the Court of Volusia County, Florida, shall have personal jurisdiction over Customer and exclusive subject matter jurisdiction over any and all controversies or claims arising from or relating to this agreement or the services provided by Quadaces. Customer agrees to accept service of process related to this agreement by ordinary mail, postage prepaid, to the most recent address provided by Customer.
15. ACKNOWLEDGEMENT
    1. By placing and continuing to maintain or place information on Quadaces servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
16. 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 Quadaces shall have the right to terminate all service set forth in this Agreement.
17. 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.
18. 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.
19. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Quadaces 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.
20. Refund and Disputes: All payments to Quadaces are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Quadaces's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Quadaces an "Administrative Fee" of not less than $50 and not more than $150.
21. 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.
22. Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Quadaces Attn: Quadaces 812 Oleander Ave. Holly Hill FL. 32117 or you may call 386-322-7999 or fax the cancellation request to 386-322-7999. You must have all account information to cancel.
23. 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.
24. New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Quadaces on behalf of the account holder a handling fee will be incurred.
25. Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Quadaces will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. 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 Quadaces 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.
26. Support Boundaries: Quadaces, 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: Quadaces provides support related to your server or virtual site physical functioning. Quadaces does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Quadaces does not provide technical support for YOUR customers. If you can email, we encourage you to email - - for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.quadaces.net - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.
27. SPAM and Unsolicited Commercial Email (UCE): Quadaces 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 Computer Solutions may not use or permit others to use our network to transact in UCE. Customers of Quadaces may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    1. Violation of Quadaces's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Quadaces will initiate an immediate investigation (within 48 hours of notification). During the investigation, Quadaces may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Computer Solutions may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Quadaces reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Quadaces 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 Quadaces 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 Quadaces network, it is advisable that Customers develop a similar, or stricter, policy for their clients.
28. Network
    1. IP Address Ownership: If Quadaces assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Quadaces, and Customer shall have no right to use that Internet Protocol address except as permitted by Quadaces in its sole discretion in connection with the Services, during the term of this Agreement. Quadaces shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Quadaces, and Quadaces 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 bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Computer Solutions will monitor Customer's bandwidth and disk usage. Quadaces shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Quadaces's sole and absolute discretion. If Quadaces 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.
    3. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Quadaces Network. Violations of system or network security may result in civil or criminal liability. Quadaces 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.
29. Notification of Violation:
    1. Quadaces 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 Quadaces 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 Computer Solutions's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    3. Second Violation: Users that Quadaces 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.
30. Quadaces reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Quadaces 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.
31. Miscellaneous Provisions: 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.
    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. Quadaces takes no responsibility for any material input by others and not posted to the Quadaces Network by Quadaces. Quadaces is not responsible for the content of any other websites linked to the Quadaces Network; links are provided as Internet navigation tools only. Quadaces 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. Quadaces is not responsible for any damages your business may suffer. Quadaces does not make implied or written warranties for any of our services. Quadaces 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 Quadaces.
32. IRC Servers: Quadaces subscribers are not permitted to run IRC servers.
33. Adult Content: - Adult Content or links to Adult Content are not permitted on Quadaces Servers.
34. Pirated Software / Warez or links to pirated software / warez are not permitted on Quadaces Servers.
35. Satanic sites are not permitted on Quadaces as they could be considered harmful to certain age groups or various groups of people.
36. All services provided by Quadaces may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to, copyrighted material, material we judge to be threatening or obscene or material protected by trade secret or other statute. The subscriber agrees to indemnify and hold harmless Quadaces from any claims resulting from the use of the service that damages the subscriber or any other party. All pornographic content and sex-related merchandising is prohibited on all Quadaces servers. This includes sites that may infer sexual content or links to adult content elsewhere. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Quadaces servers or any other server on the Internet. Links to such materials are also prohibited.
37. Quadaces will be the sole arbiter in determining violations of all provisions in this TOS and the Quadaces AUP.