QHost Terms Of Service

^{Effective Date: September 15th, 2010}

INTRODUCTION
In this End User Agreement ("Agreement"), "you" and "your" refer to each customer that purchases any QHost product or service, (whether as an individual business registration or as an authorized employee or representative of a corporation or other business entity) ("Customer"). If subscribing in the name of a corporation, limited liability company, or other entity (Company), the individual registering the Company represents that he or she has full authority to bind the Company to the terms and conditions of this Agreement. "We", "us" and "our" refer to QHost. This Agreement documents our mutual obligations in relation to purchases and uses of QHost product(s) and service(s) (the Services) by you. By purchasing or otherwise applying for Services, you acknowledge that you will establish an account with us. You agree to be responsible for all activities, charges, changes, and obligations incurred through your account, whether or not authorized by you. Further, you agree that security of your account information, including your user name and password, is your responsibility, and that We may assume without inquiry that any person in possession of your user name and password has authority to access or modify your account or the Services.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, THEN DO NOT CONTINUE WITH THE REGISTRATION PROCESS. BY PURCHASING ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS HEREIN.
FEES, PAYMENTS AND TAXES
1. As consideration for the Services, you agree to pay QHost the applicable fees set forth on your order at the time of your selection and due for the Services. All fees are due immediately and are non-refundable, except as otherwise expressly noted in one or more of the Schedules to this Agreement or in a QHost special promotion. Any renewal of the Services is subject to our then-current terms and conditions, including, but not limited to payment of all applicable fees at the time of renewal. If you agree to an automatic renewal, you authorize us to renew your subscription to the Services up to 7 days prior to its expiration, for the same term then-currently in place for the Services, at the applicable price for the Services, and to charge your credit card or other payment method on file for the renewal of the Services. You are solely responsible for the accuracy and correctness of the credit card or payment information you provide to QHost and must promptly inform QHost of any changes thereto (e.g., change of expiration date or account number). If automatic renewal is not selected, you are solely responsible for renewal of the Services. You acknowledge that promotional offers may not be applicable to renewals. QHost limits any free promotional offers to 30 days or less according to the promotional offer used.
2. You agree to pay all value added, sales and other taxes (other than taxes based on QHost income) related to the Services, and authorize us to charge your credit card or other payment method for such taxes if applicable by law. All sums due and payable that remain unpaid by you will accrue a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. In the event of your non-payment of any amounts due under this Agreement, QHost may suspend or terminate any or all of the Services, and if the delinquency continues for a period of 28 days, QHost may delete any of your Customer Data. QHost may charge a reinstatement fee if you wish to reinstate a Service that has been terminated due to non-payment.
ACCURATE INFORMATION
You agree to: (1) provide certain true, current, complete and accurate information about you as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing the Services as needed to keep such information current, complete and accurate. We may rely on this information to send you important information and notices regarding your account and the Services.
CUSTOMER DATA
Any data, information, material, code, media or other file provided by you and hosted by QHost, located on the QHost servers, or hosted by a third party on behalf of QHost in connection with the Services (collectively, the Customer Data) and the accuracy, quality, integrity legality, reliability, appropriateness and intellectual property ownership or right to use such Customer Data is your sole responsibility; use of such Customer Data by QHost is subject to the QHost Privacy Policy, to the extent applicable. QHost reserves the right to use your name, logo, and marks to identify you as a customer on its marketing and promotional materials.
RE-DIRECT
If the Services include domain registration or other hosting services, you agree that we may post content to and/or re-direct any domain name(s) or DNS requests or related error pages, which are not configured by you, to the QHost website or to the website of an QHost affiliate, provided that such domain name, sub-domain or error page does not contain your content.
OWNERSHIP
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services ("QHost Intellectual Property Rights") are owned by QHost or its licensors, and you agree to make no claim of interest in or ownership of any such QHost Intellectual Property Rights. You acknowledge that no title to the QHost Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the QHost or its licensors' Intellectual Property Rights, other than the non-exclusive rights expressly granted in this Agreement. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes other than your internal business purposes any of the Services (or portion thereof) without the prior express written consent of QHost. Cybertrails/Qhost reserves the right to use your name, logo, and marks for any and all marketing and promotional purposes, as determined by QHost in its sole discretion.
EXCLUSIVE REMEDY; TIME LIMITATION ON FILING ANY CLAIM
YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICES OR RELATED TO OR ARISING OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY BREACH OF THIS AGREEMENT, IS LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT WILL QHOST, ITS LICENSORS AND CONTRACTORS BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOSS OF FUTURE REVENUE, INCOME OR PROFITS. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN CYBERTRAILS/QHOST'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. QHost and its licensors and contractors disclaim any and all responsibility or liability resulting from or related to: (1) delays, interruptions, unavailability, non-delivery, mis-delivery, failure, deletion, or loss of, or other damage to, any Customer Data, the QHost control panel, the Services or any component thereof; (2) the unauthorized use or misuse of your account number, password or other security information; or (3) our storage and maintenance of your account information, payment information or other personal information.
DISCLAIMER OF WARRANTIES
QHOST MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, THE SERVICES, OR ANY OTHER QHOST PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. QHOST DOES NOT MAKE ANY REPRESENTATION THAT THE PURCHASE, DELIVERY, SALE IMPLEMENTATION OR SUPPORT OF THE SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, AND QHOST WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS IN CONNECTION WITH THE SERVICES.
INDEMNIFICATION
You agree to indemnify and hold harmless QHost, its officers, directors, affiliates, employees, principals, shareholders and agents from and against any and all claims, causes of action, demands, losses, damages, costs and expenses of any type (including attorneys fees) arising out of or in connection with any breach of this Agreement or violation of the QHost Policies, your use of the Services other than as permitted hereunder, or any wrongful or negligent act or omission by you.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that: (i) your registration and your use of the any of the Services will not directly or indirectly infringe or violate the rights of a third party, or violate any applicable laws and regulations; (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you are of legal age and authorized to enter into this Agreement and to use the credit card or other payment method used in the purchase of the Services; (iv) your use of the Services are for your internal business purposes only, and (v) you not a citizen of any of the Office of Foreign Assets Control restricted countries.
TECHNICAL SUPPORT
QHost will make available customer support and technical support regarding the Services as identified on the QHost website, or purchased with respect to the Services.
RIGHT OF REFUSAL
QHost expressly reserves the right, in its sole discretion, to reject, refuse, deny or cancel any of the purchased Services for any reason, whatsoever. The failure of QHost, at any time or from time to time, to require you to perform your obligations hereunder will not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach.
NOTICES AND ANNOUNCEMENTS
1. Except as expressly provided otherwise herein, all notices to QHost must be in writing, delivered by email sent to the administrative contact address provided on the QHost website or via overnight courier or certified mail, return receipt requested to QHost, Attention: Legal Department, 1919 W Lone Cactus Rd, Phoenix, AZ, 85027.
2. All notices to you will be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to this Agreement) or posted on the QHost website.
3. You authorize us to contact you as our customer via telephone, e-mail or postal mail regarding information that we deem is of potential interest to you, unless you opt-out in accordance with the procedures set out in our website. Notices and announcements may include commercial e-mails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information.
SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
ASSIGNMENT AND RESALE
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt to transfer, assign or encumber your rights under this Agreement, including, without limitation, by attachment, levy, garnishment or otherwise, renders this Agreement terminable at our option. You agree not to sell, resell or otherwise exploit for any commercial purposes other than your internal business purposes any of the Services (or portion thereof) without the prior express written consent of QHost.
GOVERNING LAW
This Agreement will be construed in accordance with the laws of the State of Arizona, excluding its choice of law provisions. Each of the parties irrevocably agrees that any legal action or proceeding arising out of or relating to this Agreement brought by the other party will be brought and determined in the State of Arizona, and all of the parties hereby irrevocably submit to the exclusive jurisdiction of the aforesaid courts, with regard to any such action or proceeding arising out of or relating to this Agreement.
YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT.
INTERPRETATION OF THIS AGREEMENT
The parties desire that this Agreement be construed according to its terms, in plain English, without constructive presumptions against the drafting party, and without reference to the section headings.
INDEPENDENT PARTIES.
Neither party nor their employees, consultants, contractors or agents are, by this Agreement constituted as agents, employees or joint ventures of the other party, and neither party has any authority to bind the other party by contract or otherwise to any obligation. Each party will ensure that the foregoing persons will not represent to the contrary, either expressly, implicitly, by appearance or otherwise. You acknowledge that no reseller has any rights to make any representation, warranty or commitment on behalf of QHost that is inconsistent with, or in addition to the terms of this Agreement.
EXPORT RESTRICTIONS AND COMPLIANCE WITH LAWS
You agree that you are prohibited by law from exporting to certain countries, and will to comply with all applicable export regulations if exporting to another country, including any applicable prohibition on exports to certain countries. You further agree to comply with, and you will be deemed to fully understand and be current on, the export and trade restrictions with certain foreign countries as regulated by the Office of Foreign Assets Control, and other applicable export laws. You agree to comply with all applicable laws in connection with your use of the Services, including, without limitation, those related to data privacy, and the use, security and storage of personal information
FORCE MAJEURE
QHost will not be liable for any delay or failure of performance, and no delay or failure of performance will constitute a default or give rise to any liability for damages if such delay or failure is caused by causes beyond QHost control.
SPAM/JUNK MAIL POLICY
Sending spam through QHost is not allowed and will provide cause to terminate any customer violating this policy. We reserve the right to cease service to anyone violating any policy in this Terms of Service. QHost may at its option limit the amount of outgoing mail daily by a user if a user is suspected of abusing this policy. SPAM is defined as the sending of email to recipients who consider the message unsolicited email of a commercial nature. This policy will also apply to Can-spam providers should we receive sufficient complaints.
SOFTWARE PRODUCTS PROVIDED BY QHOST

Any and all software products downloaded and installed which were provided by QHost as part of the Service, must be uninstalled upon the deactivation of those applicable services. (Example: Microsoft Outlook is provided by QHost with the Hosted Exchange service)