| Terms of Service Agreement | |
| Linux hosting terms and conditions... Please find detailed below our terms and conditions for a Web Site Hosting service (the "Service") between QiArt Limited and the Customer. The Customer being the person(s) or business that pays for the "Service". QiArt Limited agrees to provide, the "Service" on the terms and conditions set out below. Please note that by purchasing our services and continuing to use them, you are agreeing to adhere to our terms and conditions below: Hosting Terms Please note that these are the terms for our LINUX HOSTING plans only. MS and Power hosting terms are found within their respective pages. 1.) QiArt Ltd take no responsibility for any information loaded to our customers accounts or web sites. If it is brought to our attention, and we deem the material to be inappropriate, we will suspend the customer's service on accounts or web sites, until any illegal or inappropriate data is removed. 2.) The customer will fully indemnify QiArt Ltd against liability (of any nature), which may befall QiArt Ltd as a result of the customers illegal use of our services. 3.) Refunds are only available, if the level of service provided to the customer by QiArt Ltd, is determined unsatisfactory by the staff of QiArt Ltd. No refunds are available if the customer wishes to cancel their account for any other reason. An administration fee of £2.00 + Vat may become due to cover bank and credit card charges. Please note that any technical issues or problems that arise must be brought to QiArt's attention straight away. QiArt must be permitted to use all reasonable efforts to rectify problems before a refund can be claimed. 4.) Customers shall not provide copyrighted materials without authorisation, provide obscene or offensive material (e.g. pornographic), provide material whose nature and/or volume compromises the ability of QiArt LTD's servers to serve other customers' web sites (instances including but not limited to unreasonable consumption of disk space, Internet link bandwidth, CPU, and memory usage, as determined by QiArt LTD's staff), provide materials that are deemed by the government authorities as inappropriate or illegal. Any such government determinations will be binding on the customer, not QiArt Ltd. 5.) QiArt Ltd may not wish to host web sites, including but not limited to the following content, adult, games, mobile phone tones or logos, computer games, celebrities, warez, web sites owned by any customer under 18 years of age, sites with webcams. 6.) Spamming or any type of unsolicited commercial or non-commercial email, is strictly prohibited, and your account may be suspended if you are found to be doing so. If your email address is receiving abnormal amounts of email from one host, then your server will block the sending server as a security precaution against receiving spam and slowing the services down for other users. This is an automatic procedure that is in place by the Cpanel system. 7.) Monthly bandwidth allowance is stated as unmetered. However, if we feel that a customer is using excessive amounts of bandwidth, and is affecting the service we provide to our other customers, then we reserve the right to cancel their hosting package and offer them a full refund less any domain name registration fees. Any sites running mySQL bulletin boards, message forums or Chat services are limited to 3Gb of bandwidth per month. Additional bandwidth fees may be applied. 8.) Bandwidth limits are put in place to make sure that our customers do not breach our terms and conditions. Within your cpanel you can enter a email address to advise you when your site is nearing its bandwidth. Please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it when this email is received and providing the site stays within our terms and conditions we will increase the bandwidth. 9.) Buy 1 year get 1 year free offer. When you purchase the buy 1 year get 1 free offer, you agree to renew the account for a further year with us after the initial 2 years has completed if you require to keep the domain name. Please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it if you only wish to renew for 1 more year. If you wish to renew for 2 more years then please carry on as within your renewal email. If you wish to transfer away after the initial period then you will be liable to pay for the second year that you received for free otherwise the domain name will transfer into QiArt ownership. You are free to cancel at anytime, but the domain name will transfer to QiArt ownership for the remainder of its purchased period. 10.) Domain name only purchases are for registration only. Email and web forwarding are free services and are not part of the contract that you purchase when you buy a domain name. QiArt cannot be held responsible for redirection failures if the recipient mailservers will not accept email from our servers. 11.) It is advisable, that if you want to use forums on your web site, you use a php/mysql solution, there are many free forum programs that can installed. Perl or CGI forums are slow and inefficient. If QiArt deems necessary, the customer can be asked to remove their forums or asked to switch to a php/mysql solution. 12.) Spam email is one of the major scourges of the Internet and is something we spend lots of time and money on trying to fight for our customers, but is something we cannot stop. We have spam blockers running constantly on our email servers, but due to the fact that spammers constantly change the format of emails, it is impossible for all emails to be blocked. Anti spam filters run on all of our hosting plans. With our Commerce plan or above you also have the added facility of Spam Assassin, which allows you to greatly help reduce the amount of spam that you receive. 13.) Multimedia file types, limited in size to 5Mb, including but not limited to .mov, .avi, .mp3, .wav, .rm, .ram, .wmp, .zip, rar are permissible but sites using these file types will be monitored, and if QiArt deems necessary 4 and 7 above will apply. Any files over 1MB in size are not allowed on our servers. Failure to adhere to this may result to suspension of your site with no prior warning. 14.) QiArt Ltd is not responsible for any interruption of service, and accepts no liability for any loss of services, sales or any other form of loss. 15.) QiArt Ltd reserves the right to alter these terms and conditions at anytime and without notice. 16.) Powerplans do not have any bandwidth restrictions and host any files that are larger than 1MB. The only file restrictions that they have is that all files stored on the server must be used within the site. You cannot use the plan for file storage. 17.) QiArt Ltd reserves the right to terminate any accounts, at any time, where the user has made unreasonable or inappropriate use of any of the services supplied to the customer by QiArt Ltd, as deemed by our staff. 18.) If domain names are not renewed within a specified time of 2 weeks after expiry, then QiArt cannot be held responsible for the loss of any domain name which has expired and been been purchased by a third party. 19.) Any contracts that started before August 2009 and upgradde after will need to pay the additional fee for what the base plan now costs. 20.) Usernames are set automatically for hosting accounts. If you wish to have an alternative username, then you will need to pay an admin charge of £5 + VAT. Please note that although you can register domain names for other people under your account, if you do not require a username to contain your name, then you will need to set the account up in your clients name under their own account login. 21.) QiArt offer a pop3 incoming mailservice. For pop3 services all domains hosted with us are required to use their ISP SMTP servers to send email. QiArt do not offer a pop3 SMTP service and cannot be held responsible for emails that cannot be sent via this method. 22.) QiArt GUARANTEE: If you are not entirely happy with our web site hosting service with regard to any technical problems that you are experiencing that we are unable to solve, we will offer you a full refund, less the cost of any domain name registration fees, within 60 days of your original order date. 23.) By purchasing a QiArt service, you are aware and agree that any refund that needs to be made to your account, due to overpayment, payments taken in error and 60 day money back guarantee payments can take upto 30 days to appear in your account once you have provided QiArt with your transaction auth code. 24.) All upgrades are automated. It is the customers responsibility to make sure that they have purchased the correct upgrade as QiArt will be unaware of any incorrect upgrades. If a mistake has been made, then please contact the sales team as they will be able to help rectify the issue. 25.) Reseller Invoicing: All invoices are made yearly irrespective if you have a monthly or yearly reseller plan. If you require a monthly invoice, then there is a £1.50 admin charge as these are created manually. 26.) LIMITATION OF LIABILITY: 26.1) All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded; 26.2) Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence; 26.3) Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim; 26.4) In any event no claim shall be brought unless you have notified us of the claim within one year of it arising; 26.5) In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever; 27.1) You are solely responsible for ensuring the Services are renewed. WE SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL OR ANY ATTEMPT TO RENEW THE SERVICES AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING OR ATTEMPTING TO RENEW THE SERVICES. The foregoing limitation of liability is in addition to any other limitations of liability set forth in this Agreement. All invoices are sent via email and it is your responsibility to keep your email address up to date. QiArt cannot be held responsible for invoices being sent to the wrong email address. 27.2) Please note that your account area is for reference only. To be entirely sure of when your domains expire, please check www.whois.com and it is down to the customer to make sure that the dates within their account correspond to the correct renewal date as shown on www.whois.com This is because that in many areas, hosting accounts are downgraded and domains that are transfered in have different renewal dates. 27.3) Please make sure that all unwanted orders are cancelled from within your account area, otherwise you account could be suspended until that order is cancelled. 28.) Service Guarantees QiArt.net guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from: 1. Server Hardware Breakdown; 2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, QiArt.net is not responsible for the downtime); 3. Failure due to software that is not explicitly supported by QiArt.net. If a hardware crash provoked by the customer consequently occurs, QiArt.net is beyond the control and responsibility for the resulting downtime. |
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