Qi Art Hosting
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 Qi Art and the Customer. The Customer being the person(s) or business that pays for the "Service". Qi Art 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.) Qi Art 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 Qi Art against liability (of any nature), which may befall Qi Art 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 Qi Art, is determined unsatisfactory by the staff of Qi Art. 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 Qi Art's attention straight away. Qi Art 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 Qi Art'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 Qi Art'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 Qi Art.
5.) Qi Art 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 contact us 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 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 Qi Art 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. Qi Art 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 Qi Art 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.) Qi Art 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.) Qi Art 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.) Qi Art 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 Qi Art Ltd, as deemed by our staff.
18.) If domain names are not renewed within a specified time of 2 weeks after expiry, then Qi Art 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 upgraded 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.) Qi Art offer a pop3 incoming mailservice. For pop3 services all domains hosted with us are required to use their ISP SMTP servers to send email. Qi Art do not offer a pop3 SMTP service and cannot be held responsible for emails that cannot be sent via this method.
22.) Qi Art 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 Qi Art 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 Qi Art 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 Qi Art 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 transferred 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.
SSL
SSLWild is a trading name of Qi Art
1 Application of Terms
1.1 These Website Terms and Conditions (the "Terms") govern the relationship between you and SSLWILD with regard to your use of the SSLWILD Site
1.2 By accessing any part of the SSLWild Site, you consent to the Terms. SSLWild reserves the right to change the Terms from time to time without prior notice and accordingly you should check the Terms each time you access the SSLWILD Site.
2 Use of the Website
2.1 The SSLWILD Site is provided "as is" and for your own personal, non-commercial use only. You may download, display, reformat or print parts of the SSLWILD Site for your own personal, non-commercial use.
2.2 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license or otherwise use the content of the SSLWILD Site for resale, redistribution or for any other commercial use.
2.3 You shall not use the SSLWILD Site for any purpose that is unlawful, abusive, libelous or threatening or for the transmission of any virus or any other computer code, files, or programmes which are designed or likely to interrupt, damage, destroy any computer hardware or software or interfere in any way with the normal operations of the SSLWILD Site..
2.4 You acknowledge that the SSLWILD Site has been specifically designed for use in the United Kingdom and agree not to use or access the SSLWILD Site in and from jurisdictions in which it or its contents are restricted or prohibited by local law.
3 SSLWILD Products and Services
3.1 You acknowledge that SSLWILD offers certain products and services on the SSLWILD Site and that if you use or rely on these products or services you shall be bound by a separate agreement between you and SSLWILD, the terms of which you shall accept on enrollment for a product or service or prior to reliance on a SSLWILD product or service. This separate agreement contains the complete terms for use of or reliance on the relevant SSLWILD product or service including all warranties and representations relating to that product or service. SSLWILD does not give any warranties or representations in these Terms about the quality, functioning or accuracy of SSLWILD'S products or services.
4 Third party sites
4.1 You acknowledge that the SSLWILD Site may contain links to SSLWILD operated by third parties ("Third Party Sites"). You further acknowledge that these links are for your convenience only and SSLWILD does not endorse, nor purport to control, monitor or verify the contents of the Third Party Sites. SSLWILD shall not be liable for the contents of the Third Party Sites or for any loss, damage or injury sustained by you arising out of use by you of a Third Party Site.
6 Disclaimer and exclusion of liability
6.1 SSLWILDhas taken all reasonable steps to ensure that the information on the SSLWILD Site is accurate, complete and up to date and that the SSLWILD Site functions correctly. However, no warranty, representation or assurance (whether express or implied) of any kind is given in this respect, nor that the SSLWILD Site shall be compatible with your hardware and software and bug and/or virus-free, that it shall be accessible without interruption or that it or the information contained on it will meet your requirements.
6.2 YOU AGREE THAT SSLWILD SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHATSOEVER (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL OR FUTURE AND WHETHER OR NOT REASONABLY FORESEEABLE, CONTEMPLATABLE OR ACTUALLY CONTEMPLATED BY THE PARTIES) SUSTAINED BY YOU OR THIRD PARTIES ARISING OUT OF YOUR USE OF THE COMODO SITE, WITH THE EXCEPTION THAT SSLWILD DOES NOT PURPORT TO EXCLUDE LIABILITY IN RESPECT OF:
6.2.1 DEATH OR PERSONAL INJURY AS A RESULT OF ANY NEGLIGENCE; AND
6.2.2 FRAUD OR FRAUDULENT STATEMENTS ON THE PART OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS.
6.3 WITHOUT PREJUDICE TO THE GENERALITY OF CLAUSE 6.2, YOU AGREE THAT SSLWILD SHALL NOT BE LIABLE TO YOU FOR ANY LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF ANTICIPATED SAVINGS, LOSS OR CORRUPTION OF DATA, LOSS OF CONTRACT OR OPPORTUNITY OR LOSS OF GOODWILL.
6.4 THE PARTIES AGREE THAT ALL STATUTORY WARRANTIES AND ANY OTHER WARRANTIES EITHER EXPRESSED OR IMPLIED ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
7 Indemnity
7.1 YOU AGREE TO INDEMNIFY AND HOLD SSLWILD HARMLESS FROM ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SSLWILD SITE, YOUR USE OF ANY LINKS TO WEBSITES OPERATED BY THIRD PARTIES [AND SSLWILD'S USE OF ANY INFORMATION SUPPLIED BY YOU]. YOU AGREE TO COOPERATE WITH SSLWILD AND TO COMPLY WITH ITS REASONABLE INSTRUCTIONS TO LIMIT OR MINIMISE ANY LIABILITY OF SSLWILD.
8 General
8.1 No third party shall have any rights to bring a claim under the Contracts (Rights of Third Parties) Act 1999 in respect of these Terms.
8.2 The rights and obligations created by these Terms are enforceable by and may be assigned by SSLWILD. You may not assign your rights or obligations under these Terms.
8.3 To the extent that any of the provisions of these Terms are or become unenforceable, then it is the intention of the parties that such part be severed from the remaining part, and this shall not affect the validity or enforceability of the Terms as a whole or of any other provisions thereof.
9 Governing Law and Jurisdiction
9.1 The parties agree that these Terms are governed by English Law and the English Courts have exclusive jurisdiction.
SOFTWARE
Qi Soft is a trading name of Qi Art
Use of Software
Any software or related materials that are made available to download from this Site or otherwise provided to you ("Software") is the copyrighted work of Progress Software and/or its licensors (if any). You must be a registered Progress Software subscriber in order to download and/or use the Software. Furthermore, your right to download and/or use the Software will be subject to the terms and conditions of the applicable end user license agreement ("Progress Software License Agreement"), which you must first agree to by clicking on the "I AGREE" (or similar prompt) prior to downloading. Any use, reproduction or redistribution of the Software not in accordance with such Progress Software License Agreement is prohibited.
Use of Materials
Any information or materials that are made available to download from this Site or otherwise provided to you ("Materials") is the copyrighted work of Progress Software and/or its licensors (if any). You must be a registered Progress Software subscriber in order to download and/or use the Materials and you must retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Furthermore, your right to download and/or use the Materials will be subject to these Terms. Any use, reproduction or redistribution of the Materials not in accordance with these Terms is prohibited.
The origins of such materials may be internal or external to Qi Soft. While third party Materials are believed to be reliable, such third party Materials has not been independently authenticated, tested or verified in whole or in part by Qi Soft. All Materials provided on Qi Soft websites, including any material from third parties, is "as is," and Qi Soft makes no express or implied claims, representations or warranties as to its accuracy, validity or veracity. Qi Soft shall not be liable, in any way, for your use of these Materials, any results that may occur from such use, or any consequences from decisions made in reliance on these Materials.
In addition, certain downloads from Qi Soft websites may contain third party software. Any download of software is governed by the terms of the Software License Agreement between Qi Soft and the user. Qi Soft makes no claims, representations or warranties that the software will operate properly, securely, effectively or efficiently. Qi Soft disclaims all liability concerning the download of software from the websites, including, but not limited to damage to the user's hardware, software, network or systems, loss of data, application failure, backup errors or problems related to connectivity, security, compatibility, functionality or efficiency.
Limitation of Use
Unless otherwise specified in the Terms and/or the Progress Software License Agreement, the Services and Materials are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services or Materials. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any materials in your possession obtained from the Site (including Materials requested pursuant to the Site and sent by Progress Software via email or post).
Confidentiality
You may obtain direct access via the Site to certain confidential information of Progress Software and its suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with Progress Software and its suppliers.
Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Progress Software's written request, You must cease use of Confidential Information and return or destroy it.
The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from Progress Software, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Progress Software adequate to afford Progress Software the opportunity to object to the disclosure.
Policy on Privacy
Please see the Privacy Policy disclosures relating to the collection and use of your information. By using the Site, you are consenting to the processing of your data by Progress Software and consenting to our Privacy Policy.
User Information
When using this Site, you agree to be responsible for providing accurate and complete information about yourself during registration ("Your Data"), and updating Your Data to keep it current. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. At our sole discretion, we may terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration.
User Communications
The Services may contain e-mail services, bulletin board services, chat areas, news groups and other forums designed to enable you to communicate with others ("Communication Services"). You understand that by using this Site you may be exposed to content that is offensive, indecent, or objectionable. You agree to use the Communication Services only to post, send and receive messages and materials that are proper and, where applicable, related to the particular Communication Service. We may, but are not obligated to, monitor or review these areas and the content of any such Communication Services. We will have no liability related to the content of any such Communication Services, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Any material posted to this Site that in the sole opinion of Progress Software violates community standards, will be removed and the account of the poster may, at Progress Software's discretion, be revoked or suspended. Any material that meets the standards described above might be edited by Progress Software solely for the purpose of clarity and length.
Materials Provided to Qi Soft Software or Posted at the Site
Qi Soft Software does not claim ownership of the materials you may provide to Qi Soft Software (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Qi Soft Software, its affiliated companies and necessary sublicensees a non-exclusive, royalty-free, worldwide license to use your Submission in connection with the operation of their businesses (including, without limitation, all Qi Soft Software Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Qi Soft Software is under no obligation to post or use any Submission you may provide and Qi Soft Software may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further represent that the information you submit is not confidential.
Links To Third Party Web Sites\Content
Links to third party web sites or content on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. We have not reviewed these third party sites and do not control and are not responsible for any of these sites or their content. We do not endorse or make any representations about them, or any information, software or other products, sweepstakes or materials found there, or any results that may be obtained from using them.
If you decide to access any of the third party sites linked to this Site, or decide to participate in any sweepstakes or contests offered by third parties pursuant to links on Qi Soft Software's Site, you do this entirely at your own risk.
Disclaimers\Warranty
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS AND CONDITIONS OF THE Qi Soft SOFTWARE AGREEMENT. EXCEPT AS SPECIFICALLY WARRANTED ON THE Qi Soft SOFTWARE AGREEMENT, ALL SOFTWARE, MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Qi Soft SOFTWARE, FOR ITSELF AND ON BEHALF OF ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE LICENSORS (IF ANY) AND SUPPLIERS, DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Neither Qi Soft Software, nor its subsidiaries and affiliates and their respective licensors (if any) and suppliers, warrant the accuracy, completeness or quality of any of the Materials or Services.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL Qi Soft SOFTWARE, ITS SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE LICENSORS (IF ANY), OR ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE SOFTWARE, MATERIALS OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS , SOFTWARE OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This site is controlled and operated by Qi Soft Software from its offices in the United States of America. Qi Soft Software makes no representation that materials or services at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
Export Laws
Software, Services, Materials, tools, and technical data delivered by or to Qi Soft Software may be subject to U.S. export controls or the trade laws of other countries. You and Qi Soft Software agree to comply with all export control regulations and acknowledge that they have the responsibility to obtain such licenses to export, re-export or import as may be required. You and Qi Soft Software agree not to export or re-export to entities on the most current U.S. export exclusion lists or to any country subject to U.S. embargo or terrorist controls as specified in the U.S. export laws. You and Qi Soft Software will not use or provide Software, Services, Materials, tools, and technical data for nuclear, missile, or chemical biological weaponry end uses. Software and Materials containing cryptography are classified as Export Control Classification Number (ECCN) 5D002.c.1 by the U.S. Department of Commerce, Bureau of Export Administration, and deemed eligible for export from the United States of America under license exception Technology and Software Unrestricted (TSU).
Indemnity
You agree to indemnify and hold Qi Soft Software and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Submission, Your use of or connection to the Site (including any use by You on behalf of Your employer), Your violation of the Terms, or Your violation of any rights of another.
Jurisdiction and Venue
These Terms are to be governed and construed by the substantive law of the Commonwealth of Massachusetts. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to this Site, litigation must be brought in state or federal court in the Commonwealth of Massachusetts.
Waiver
The failure of Qi Soft Software to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding the foregoing, any Software downloaded from this site is governed separately by the Qi Soft Software License Agreement.
Restricted Rights Legend
Any Software that is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Program Product clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, or successor provision(s), as applicable. Manufacturer is Qi Soft Software Corporation, 14 Oak Park, Bedford, Massachusetts, 01730.
Trademarks
"Qi Soft Software Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Qi Soft Software uses in connection with its products and services. You agree to comply with the Qi Soft Trademark and Logo Usage Requirements. You may not remove or alter any QiSoft Software Trademarks, or co-brand your own products or material with QiSoft Software Trademarks, without QiSoft Software's prior written consent. You acknowledge QiSoft Software's rights in QiSoft Software Trademarks and agree that any use of QiSoft Software Trademarks by You shall inure to QiSoft Software's sole benefit. You agree not to incorporate any QiSoft Software Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
The names of actual companies and products mentioned on the Site or in the Materials may be the trademarks of their respective owners.
Safe Harbor Statement
Except for the historical information and discussions contained herein, statements contained on this Site may constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements involve a number of risks, uncertainties and other factors that could cause actual results to differ materially, including but not limited to the following: the receipt and shipment of new orders, the timely release of enhancements to the company's products, the growth rates of certain market segments, the positioning of the company's products in those market segments, variations in the demand for customer service and technical support, pricing pressures and the competitive environment in the software industry, business and consumer use of the Internet, and the company's ability to penetrate international markets and manage its international operations. The company undertakes no obligation to update information contained in this release. For further information regarding risks and uncertainties associated with the company's business, please refer to the company's filings with the Securities and Exchange Commission.
Refund Statement
For a description of the refund/return policy that may apply to your purchase of Software and/or Services, please review the specific terms and conditions contained in the applicable Qi Soft Software License Agreement or other agreement you consented to be bound to in connection with the use of Software and/or Services.
Linux Statement
General
Qi Soft Software may update these terms at any time without notice by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. If you have comments or questions about our privacy policy, please Contact Us. We will address any issue to the best of our ability.
