Quanta Hosting Policies
Your purchase of a web hosting account with us indicates your acceptance of the policies below.
1. Personal Web Hosting Account
1.1 Customer may not resell space in their account. Personal accounts are to be used by the primary owner only, account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. This includes email services, cgi scripts, mySql services Web hosting services are defined as allowing a separate, third party to host content on the owner\’s web site. Exceptions to this include ad banners, classified ads, and personal ads. Should customer wish to host materials for companies that are not under direct control of customer, arrangements should be made by contacting denise@quantawebdesign.com.
Failure to comply with this is grounds for immediate suspension of account until such time as the issue is resolved. Unauthorized Reselling or Providing Access Personal Account Services such as offering email services and accompanying features for use by individuals outside of the required use on your own account; the reselling or giving away of CGI and other scripts installed on QuantaHosting Servers; or providing access codes to individuals not authorized to receive such materials as necessary for the running of your website or account.
2. Use of services
2.1 Excessive CPU, Bandwidh or Disk Space usage has the ability to compromise our shared hosting environment. This is the result of using the system in a manner that encumbers disk space, processors or other system resources beyond the allowances of your specific plan type and to the degree that your usage compromises the hosting accounts of our other customers.
2.2 Excessive resource usage – cgi scripts or other executable code that consumes an undue amount of CPU time [defined dynamically by QuantaHosting at will] will be reprioritized if possible, or we will ask you to discontinue its use either permanently or the script is altered by yourself or third party to operate in a less resource-hungry manner. Failure to cease operator of the offending executable will be considered as server abuse. QuantaHosting reserves the right to terminate any process which it deems to be using excessive resource usage.
2.3 Background processes – Background processes [that is, application or utilities that are started from within an interactive shell login, and set to run permanently in the background on a server] are not to be initiated without prior arrangement with use. We reserve the right to examine all code before it is run on the server. Running of background processes without prior arrangement in and confirmation in writing from QuantaHosting is server abuse.
2.4 Compiling – User rights to access compiler software is available upon request and arrangement. Once again, we choose to examine any code that is compiled and executed from our hardware. If you need access to the CP compiler, please contact us describing your need for access. Compiling without prior arrangement and written confirmation is server abuse.
2.5 Mailing Lists – QuantaHosting has allocated tools to ensure proper delivery of opt-in opt-out mailing lists and normal email. It is important that you use these tools accordingly. Large mailing lists, (those exceeding 500 subscribers) sent using the QuantaHosting Services, must be sent using the mailing list tools that have been pre-installed for this purpose. If your mailing list exceeds 1,500 addresses you should contact QuantaHosting requesting permission to send the mailing through the QuantaHosting servers prior to sending any messages. Sending a large mailing through mailing list software other than QuantaHosting software can adversely affect the flow of email. Should such a large mailing disrupt normal services or create unacceptable server loads, the account associated with the mailing risks termination.
2.5a Mailing lists operated on QuantaHosting servers must be double opt-in with specific clear instructions in order to opt-out.
2.6 Pornography – QuantaHosting prohibits the storage and transmission (inbound and outbound) of pornography with the exception of softcore erotic art. Written permission must be obtained before any pornographic material is stored and/or transmitted through QuantaHosting servers.
2.7 Copyright software, Warez, destructive applications, copyright media, proprietary computer information and hacking & cracking sites are strictly prohibited on any portion of our services and network. Customers storing & transmitting (inbound and outbound) files that violate copyright or other federal laws are grounds for instant termination of service.
2.7a Warez Sites are sites that are typically used by “hackers” to trade (upload/download) illegally pirated copies of software programs with one another. QuantaHosting Hosting has a zero-tolerance policy on all Warez Sites. Sites that become a trading post for “warez” programs will be reported to any and all regulatory, administrative, and/or governmental authorities for prosecution. In addition to your account being deleted from our servers, you may face legal action that can be taken against you by the programmers/software companies of the copyrighted software.
2.8 Any incident of server abuse is grounds for immediate and unconditional account termination. Common examples
of abusive practices are listed below and QuantaHosting Hosting reserves the right of interpretation as to what constitutes abusive practices. In short – if you are unsure that your actions may be perceived as an abuse of service, contact QuantaHosting Hosting directly to check with us before proceeding.
2.8a Ignorance of your actions and consequences does not exempt you from liability.
2.8b QuantaHosting reserves the right to financially penalize any customer violating this agreement. The amount the customer is penalized is determined by QuantaHosting. The customer agrees to pay all financial penalties placed by QuantaHosting in full and within 30 days.
2.9 Email abuse – Unsolicited Commercial Email [‘Spam’] is implicitly forbidden. This is considered server abused and is grounds for immediate termination.
2.10 Trafficking of illegal content – In the same way that storing illegal content on your account is banned, likewise is the utilization of your account to traffic illegal content, by any means or method, it must not reside on nor pass through a QuantaHosting servers.
2.11 IRC sessions – Using QuantaHosting Hosting servers to run an Internet Relay Chat [IRC] session is grounds for immediate termination. This includes the use of BNC and other redirection servers to indicate a source address on any QuantaHosting Hosting server. Running IRC from our servers makes them targets for attack. Don’t run IRC sessions, IRC bots, IRC servers or IRC proxies. IRCs, Chat Rooms, MUDs, etc. Also software used in the maintaining of an IRC connection (daemons), ‘bouncers’, ‘eggdrops’ and the like are strictly prohibited.We will give no warning before terminating this activity and the account responsible.
2.12 Hacking / Denial of Service – Network activity that constitutes an attack on any internet host from a QuantaHosting is grounds for immediate termination of likely prosecution.
2.13 QuantaHosting prohibits any portion of its services to be resold without charge. This includes but not limited to: entire hosting accounts, email services, scripts, FTP accounts, MySQL databases, applications, licenses, webspace and bandwidth (this includes image hosting and file/data hosting services, either free or subscription/fee based).
2.13a QuantaHosting prohibits the use of any portion of our systems to be used primarily to serve file download services.
2.13b Proxy websites and similar are prohibited.
2.14 Any reselling of QuantaHosting services is prohibited unless clearly stated otherwise. Portions of a cPanel shared account may not be resold under any circumstances. Only resources in WebHostManager may be resold under a reseller agreement (i.e. with the purchase of a reseller package).
2.15 QuantaHosting backs up data for its own use and disaster recovery. The customer is encouraged to make their own backups. Customers may request 1 free restore per month. QuantaHosting makes it backups to an offsite location. We do not make any guarantees on the integrity and reliability of the backups.
2.15a QuantaHosting reserves the right to disable backups being performed on cPanel accounts larger than 4GB. You are responsible for monitoring your total cPanel account file space usage
2.16 Only one promotion can be used when ordering. Multiple promotions cannot be combined together and used together. Only one promotion per paying account. QuantaHosting reserves the right to refuse a promotion to a customer.
2.16a QuantaHosting reserves the right to revoke a promotion already being used or a new promotion introduced with or without prior notice.
2.16b QuantaHosting reserves the right to reduce the advertised time of the promotion running time with or without prior notice.
2.17 Customers wishing to take advantage of our “free migration from your old host” are limited to 1 free migration from cPanel to cPanel servers. After the 1 initial migrations, the user is responsible to the transferring of files.
2.2 QuantaHosting reserves the right to suspend in part, or in full accounts that have exceeded their allocated webspace/bandwidth.
You agree and understand that QuantaHosting will charge you for any resources used in excess of your purchased allocated amount at the rate of $2.00 per MB (rounded up to the nearest MB) for each MB of either webspace or bandwidth that has been utilised which was not part of your purchased allocated resources
3. Uptime Guarantees
3.1 QuantaHosting guarantees that the HTTP service for Web Hosting and Reseller Hosting customers will be available 99.9% of the time. No other service has any guarantee.
3.1a QuantaHosting has the final say on the uptime of any service.
3.1b If you use a 3rd party monitoring tool, the statistics of that tool will not be taken into account nor considered valid for any uptime guarantee claim.
3.2 If we fail to maintain uptime as per section 3.1, then you are entitled to the following compensation which has no cash value:
3.2a For Web Hosting and Reseller Hosting customers the following crediting schedule applies:
96.0% — 99.9%: 1 month extension of your existing webhosting contract or 20% credit on yhour next yearly webhosting purchase.
Less than 96%: 2 month extension of your existing webhosting contrct or 30% credit on your next yearly webhosting purchase.
3.3 This extension is not automatic must be requested via an email to denise@quantawebdesign.com, within 7 days of the observed downtime.
4. Payment and Bills
4.0a All hosting accounts are set-up on a pre-pay basis only.
4.1 All invoices are due on the date stated on the issued invoice(s). QuantaHosting reserves the right de-activate/suspend your hosting account should the invoice not be paid on the stated due date.
4.1a QuantaHosting reserves the right to charge a 35% late fee of the total invoice value for any account that has not been paid in full on due date stated on the invoice.
4.1b QuantaHosting may at its own discretion provide a grace period to customers with an overdue invoice. The grace period will be determined by QuantaHosting. QuantaHosting may not inform the customer of the grace period.
4.2 QuantaHosting will suspend your account if outstanding bills have not been paid by the stated due date on the issued invoice(s).
4.2a If after 7 days outstanding bills owed to QuantaHosting have not been paid in full and no further credit arrangements have been made, QuantaHosting will terminate all hosting accounts and deactivate all other services purchased through QuantaHosting until all owed amounts have been paid in full.
4.2b Accounts will continue to accumulate invoices and further charges until the customer informs QuantaHosting of its intentions to cancel the account in accordance with the cancellation procedures set out in section 6 of the terms of service. The customer is obligated and responsible for paying for all accumulated charges.
4.3 After account suspension, QuantaHosting will not provide you with any account backups unless the full outstanding bill has been paid in full before backups are deleted.
4.4 QuantaHosting reserves the right to impose a re-activation fee for accounts that have been suspended.
4.5 QuantaHosting reserves the right to impose a late fee for circumstances where your bill has not been paid in full and on time.
4.6 If you have a credit card on file, you authorise QuantaHosting to automatically charge the card upon due date.
4.7 If you have a credit card on file, but your primary method of payment is not credit card, and your account is overdue, you authorise QuantaHosting to charge the credit card it has on file.
4.8 If overdue accounts remain unpaid for a period of 30 days, QuantaHosting may pass your details to a 3rd party debt collection company or sell the debt. In such cases, QuantaHosting will impose a $150.00 collections & administration fee.
5.0 Refunds & Cancellations
5.1 You may only cancel your account by emailing via http://quantawebdesign.com/get-in-touch or denise@quantawebdesign.com.
5.1a If you do not cancel using the procedures set in section 5.1, your account will not be canceled and will be subject to charges.
5.1.1 You must notify QuantaHosting at least 7 days before your next billing due date.
5.1.2 If you do not notify QuantaHosting at least 7 days before your next billing date with your intent to cancel, you may be charged for any subsequent months where the cancellation notice has not been provided to QuantaHosting at least 7 days before the due date.
5.2 If you are paying by PayPal, you are responsible for the creation and termination of your PayPal subscription.
5.2a Any excess payments you send to us via PayPal are not refundable under any circumstances. You are responsible for ensuring you send us the correct payment.
5.3 You must allow up to 30 days for credit and refunds to be processed and applied to your account.
5.4 If you have paid yearly for your account but cancel while having unused months not yet paid for, the remaining unused amounts will not be refunded.
6.0 Supplementary Policies
6.1 QuantaHosting reserves the right to introduce additonal policies found at “http://quantawebdesign.com/legal”. By agreeing to this terms of service, you are also agreeing to all policies at “http://quantawebdesign.com/legal”.
By accepting this terms of service you hereby declare you are aware of these policies, have read them in their entirety and agree to abide by all conditions set in the policies.
6.2 By accepting this terms of service, you declare that you understand the policies may be changed at anytime with and/or without notice.
6.3 By accepting this terms of service, you declare that you understand it is the responsibility of ‘you’ to check for updates and ensure you are not violating any of the supplementary policies.
6.4 The offer of any particular service does not constitute an obligation on QuantaHosting part to tutor the necessary skills to utilize that service, only to provide system-specific information.
6.5 problems with domain names/DNS issues are NOT directly the responsibility of QuantaHosting. DNS is a cooperative system and works solely because the parties involved in running the system agree to cooperate in the furtherance of the DNS/domain system. We will do our best to isolate the source of the problem at hand, however unless this source is hardware directly under the control of QuantaHosting, then the task of acquiring a solution will fall back into your hands. QuantaHosting will advise when requested, but rarely intermediate in domain issues not directly related to the operation of one of our DNS servers.
6.6 QuantaHosting covers free initial migration from your previous host. This service is limited to cPanel/WHM to cPanel/WHM transfers. We offer basic troubleshooting after account migration to ensure things have been transferred successfully. We guarantee any features installed on your account by us to work at the time of installation, but since software and standards change over time, do not guarantee that they will continue to do so.
6.7 QuantaHosting offers support for web hosting only. QuantaHosting does not offer troubleshooting, support or maintenance for 3rd party scripts, WordPress, HTML/CSS, or for other non-hosting-related issues. It is your responsibility to ensure your scripts and coding are compatible with our server environment.
6.8 2.3 CPanel features are provided by a third party, CPanel, and may change over time. No guarantee is made that any feature of CPanel will continue to work in the same manner, or will continue to be offered at all.
7.0 Lawful Purpose
7.1 QuantaHosting reserves the right to refuse service to anyone. Customers may only use QuantaHosting server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of QuantaHosting Hosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Bellingham, Washington, United States, and any dispute will be litigated or arbitrated in Bellingham, Washington, United States.
8.0 Indemnification
8.1 Customer agrees that it shall defend, indemnify, save and hold QuantaHosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against QuantaHosting, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Quantahosting against liabilities arising out of; (1) Any injury to person or property caused by any products sold or otherwise distributed in connection with QuantaHosting server; (2) Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) Copyright infringement and (4) Any defective products sold to customer from QuantaHosting server.
9.0 Disclaimer
9.1 QuantaHosting will not be responsible for any damages your business may suffer. QuantaHosting makes no warranties of any kind, expressed or implied for services we provide. QuantaHosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries wrong delivery, and any and all service interruptions caused by QuantaHosting and its employees. QuantHosting reserves the right to revise its policies at any time.
9.2 QuantaHosting reserves the right to cancel/suspend/terminate your account at its own discretion with or without reason if it feels the account will cause damage to the organization, or for any other reason. QuantaHosting reserves the right to alter the services provided at any time with or without notice.
9.3 All sub-networks, resellers, and dedicated servers of QuantHosting must adhere to the mentioned here policies.
9.4 Failure to follow any term or condition will be grounds for immediate account deactivation.
10.0 Intellectual Property Rights
10.1 Material accessible to you through QuantaHosting services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use QuantaHosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the QuantaHosting network. If you use a domain name in connection with QuantaHosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
11.0 Contract
11.1 QuantaHosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). All users of QuantaHosting Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). Please check back regularly for any updates
12.0 Acceptable Use Policy (AUP)
ACCEPTABLE USE POLICY
This Acceptable Use Policy document, including the following list of Prohibited Activities, is an integral part of your Hosting Agreement with QuantaHosting. If you engage in any of the activities prohibited by this AUP document QuantaHosting may suspend or terminate your account.
QuantaHosting’s Acceptable Use Policy (the “Policy”) for QuantaHosting Services is designed to help protect QuantaHosting, QuantaHosting’s customers and the Internet community in general from irresponsible or, in some cases, illegal activities. The Policy is a non-exclusive list of the actions prohibited by QuantaHosting. QuantaHosting reserves the right to modify the Policy at any time, effective upon posting at http://QuantaHosting.com/legal/.
Prohibited Uses of QuantaHosting Systems and Services:
A. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
B. Sending Unsolicited Bulk Email (“UBE”, “spam”). The sending of any form of Unsolicited Bulk Email through QuantaHosting’s servers is prohibited. Likewise, the sending of UBE from another service provider advertizing a web site, email address or utilizing any resource hosted on QuantaHosting\’s servers, is prohibited. QuantaHosting accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
C. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by QuantaHosting customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to from any QuantaHosting-hosted domain, or referencing any QuantaHosting account, is prohibited.
D. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks.
E. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org.
F. Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (e.g., “cracking”).
G. Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
H. Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any QuantaHosting customers or end-users by any means or device.
I. Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the QuantaHosting network or on another provider’s network.
J. Using QuantaHosting’s Services to interfere with the use of the QuantaHosting network by other customers or authorized users.
Customer Responsibility for Customer’s Users
Each QuantaHosting customer is responsible for the activities of its users and, by accepting service from QuantaHosting, is agreeing to ensure that its customers/representatives or end-users abide by this Policy.
Complaints about customers/representatives or end-users of an QuantaHosting customer will be forwarded to the QuantaHosting customer’s postmaster for action.
If violations of the QuantaHosting Acceptable Use Policy occur, QuantaHosting reserves the right to terminate services with or take action to stop the offending customer from violating QuantaHosting’s AUP as QuantaHosting deems appropriate, without notice.