This Agreement sets forth the Standard Terms and Conditions that apply to the use of the Queenwebdesigns
Queenwebdesigns provides hosting service to clients Nationwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Queenwebdesigns are subject to the following terms of service.
ACCEPTABLE USE POLICY:
All services provided by Queenwebdesigns may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any 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 and other statute. The subscriber agrees to indemnify and hold harmless Queenwebdesigns and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Queenwebdesigns does not allow IRC or IRC bots to be operated on our servers.
We do permit legal adult content on dedicated servers, co-location services, and VPS accounts. All other services not listed here are forbidden to store, serve, or contain any adult materials. We reserve the right to determine the definition of “adult content” as it pertains to our services.
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.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content are not allowed on our network including, but not limited to pirated software, bit torrents, bitcoin (except dedicated servers), IRC, Proxies, hacker programs/archives, copyrighted MP3’s, Warez, copyrighted material, trademarks, child pornography or content perceived to be child pornography, or material protected by trade secrets and other statutes. Software downloads may only be hosted if you are the writer and copyright owner of the software. Audio and video downloads will not be hosted on our servers unless you are the composer and/or copyright owner. There are no exceptions. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
COMMERCIAL ADVERTISING – EMAIL:
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. Queenwebdesigns shall be the sole arbiter of what is considered to be a high server usage level. If a subscriber uses network resources in which is in excess to their current hosting plan, the subscriber is held liable for additional charges or service fees. Any web hosting account deemed to be adversely affecting server performance or network integrity immediate deactivation of services without without prior notice.
LIMITATION OF LIABILITY:
Queenwebdesigns shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Queenwebdesigns servers going off-line or being unavailable for any reason whatsoever. Furthermore, Queenwebdesigns shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Queenwebdesigns servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly.
Under no circumstances, including negligence, shall any Queenwebdesigns Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, whether in an action in contract or tort or strict liability or other legal theory, even if Queenwebdesigns has been advised of the possibility of such damages.
No Queenwebdesigns Person shall be liable to Customer, any of its customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Queenwebdesign’s records, programs, equipment or services. Queenwebdesigns holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Queenwebdesigns sees fit.
FURTHERMORE, Queenwebdesigns retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification
We at Queenwebdesigns offer a 30 Days Money Back Guarantee. If you are dissatisfied with our service for any reason, you will receive a full refund (minus charges paypal) if you cancel your account within 30 days of activation. Our refund policy does not apply to any additional items or services; this includes but is not limited to Dedicated IP’s, RapidSSL Certificates, Domain Registration Fees.
Also NOT refundable are One-time Setup Fees.
No refunds are available after the initial 30 day period. Any request for cancellation must be received via the web, regular mail or fax and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone are not accepted.
This 30 day money back guarantee does not apply to any fees associated with these accounts. This includes, but not limited to PayPal transaction fees. Accounts cancelled/terminated by Queenwebdesigns. For violating our Usage Policy do not qualify for our 30 day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Please allow 3-4 working days for refunds to take place.
GUARANTEES / SERVICE LEVEL AGREEMENT:
Queenwebdesigns will strive to provide 99.5% uptime guarantee to our servers, this uptime guarantee is measured as power and network connectivity to and from our servers. This guarantee EXCLUDES scheduled maintenace or any other outages posted ahead of time on Queenwebdesigns.
MONTHLY HOSTING FEES. PRO-RATION WILL OCCUR IF YOUR BILLING CYCLE IS SEMI-ANNUAL OR ANNUAL.