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SERVER USE
Personal accounts are to be used by the primary owner only. Personal account holders are not permitted resell, store or give away web-hosting services of their website to other parties. 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.
CQsys reserves the right to refuse service and /or access to its servers to anyone.
CQsys does not allow any of the following content to be stored on its servers:
Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of CQSys.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
UNLIMITED USE POLICY
High bandwidth usage: CQsys offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, CQsys may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, CQsys reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization.
CQsys may implement the following policy at its sole discretion:
When a website is found to be monopolising the resources available CQsys reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby CQsys continues hosting the website for an additional fee.
USERNAME AND PASSWORD
Username will be allocated by CQsys, and the password may be chosen by the client. Once the account has been set, Username and password cannot be changed. In the event of the password being compromised, customers must notify CQsys, who will then take appropriate action to rectify the situation. Customers must have alternative email address all the time so that they can be reached in such events.
PAYMENT POLICIES
Customer must settle the amount within 1 week of registration. Although CQSys reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of contract. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their contract period unless closure notification has already been given.
In situations where payment is not received, CQSys will immediately suspend the services until the outstanding amount is settled. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
All payment is in Pound Sterling.
CHARGES
The charges are as specified on the Website.
CANCELLATION AND REFUNDS
CQSys reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership minus processing charge. If a customer contravenes CyberPresences' terms of service a refund will not be issued in the event of a cancellation.
Customers may cancel their account at any time through CQSys main website. In this case, fees charged are non-refundable. Once the initial payment is made, customers are not entitled to receive a refund unless the service is cancelled by CQSys. In addition some accounts incur set-up fees, these charges are also non-refundable.
INDEMNIFICATION
Customer agrees that it shall defend, indemnify, save and hold CQSys harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against CyberPresence, 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 CQSys against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with CQsys' 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 CQsys' server.
DISCLAIMER
CQSys will not be responsible for any damages your business may suffer. CQSys makes no warranties of any kind, expressed or implied for services we provide. CQSys disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by CQSys and its employees. CQSys reserves the right to revise its policies at any time.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- · YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CQSys EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- · CQSys MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- · ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- · NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CQSys OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CQSys SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CQSys HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
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