Terms Of Service and AUP
Terms of Service and Acceptable Use Policy
- USER CONDUCT
- SPAM AND NETWORK USE
- INDEMNIFICATIONREFUSAL OR DISCONTINUANCE OF SERVICE
- NO WARRANTIES
- ECPA NOTICE
- IDENTIFICATION INFORMATION
- NO INTERFERENCE WITH OPERATION OF SYSTEM
- BACKUP OF DATA
- TRANSMITAL OF MATERIALS
- PRIOR AGREEMENTS
- KNOWLEDGE OF VIOLATION OF AUP/TERSMS OF SERVICE
- RESERVATION OF RIGHT TO CHANGE UAP/TERMS OF SERVICE
- CLEANUP FEES
Quantact is a Web Hosting Provider. User accounts on our Internet servers are subject to compliance with the terms and conditions set forth below. Under the terms of this agreement, your placement or placement on your behalf of information on Quantact servers is an acknowledgment that you have read and understood this agreement, and that you agree to be bound by the terms and conditions below. If you do not wish to be bound by these terms and conditions, you should not proceed to place any information of any kind, by yourself or on your behalf, on Quantact servers.
Violation of these terms may result in suspension or termination of your account(s) without prior notice. Uninforcement of this agreement at any time does not constitute a waiver of our right to do so at any time. We reserve the right to inspect your vps content, and or traffic at any time. Willfull disregard for the Quantact acceptable use policy may result in account termination without refund with immediate acceleration of any remaining account balance.
Quantact services may only be used for lawful purposes. Any use of these services which violates any local, state, federal, or international laws which may apply to Quantact, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. While using the service, you may not:
- Restrict or inhibit any other user from using and enjoying the Internet
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the U.S. export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
- Post, publish, transmit, reproduce or distribute any information or software which contains a virus or other harmful component
- Post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
- Quantact is fully compliant with the DMCA, and does not condone any actions that may be deemed unacceptable to that act. Hosting of copyrighted materials without license or permission of the copyright holder will result in account termination.
Quantact.com takes SPAM (Unsolicited Bulk Email) very seriously,
and observe rules in accordance with the CAN-SPAM act.
Quantact reserves the right to hold final judgment as to the acceptability of the traffic on its network. If repeated offenses occur, termination of your account may occur.
Quantact does not allow running IRCD on its vps accounts.
In the event your account is involved or implicated in any way with a DOS (Denial of Service), Quantact reserves the right to suspend or or close your account as a result of the DOS. You are responsible for your account, and any charges that may occur as a result of work done to remedy the DOS, either by Quantact, or other network providers. DOS attacks are grounds for account termination.
Use of IP Addresses
Your account is granted use of your assigned ip address(s), however they remain under control of Quantact at all times. IP addresses are subject to change if necessary.
Port Scanners and Proxies
Use of port scanners of any kind is not allowed on the Quantact network. This includes inbound and outbound traffic, both to hosts within our network, and to destinations outside of the network. Open Proxies of any kind are expressly prohibited.
In the event your account uses more bandwidth than it has been allotted, you will be given the opportunity to upgrade your bandwidth consumption. If you do not choose to upgrade your bandwidth, overage fees will apply. Bandwidth use is monitored, and Quantact reserves the right to shape its bandwidth usage and consumption.
You agree to indemnify, defend, and hold harmless Quantact from any and all liability, penalties, losses, damages, costs, expenses, attorneys fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, Quantact,
or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Quantact reserves the right to refuse or discontinue service to anyone at Quantact sole discretion. Quantact may deny you access to all or part of the service without notice if you engage in any conduct or activities that Quantact in its sole discretion believes violates any of
the terms and conditions in this agreement. Quantact shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that
Quantact has the right to monitor the service electronically at will and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. Quantact reserves the right to refuse to post or to remove any information or materials, in whole or in
part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement.
Quantact makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non infringement,
or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Quantact or its agents or employees shall create a warranty. Quantact provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Quantact be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties use of the service to access your Quantact Virtual Server, or to access the Internet or any part thereof, or your or any third parties reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Quantact service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service. You understand that by placing information on Quantact servers that such information may become available to all Internet users and that while Quantact will take all reasonable precautions against unauthorized access, Quantact has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Quantact servers and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services
and other information, and the quality and merchantability of all merchandise provided through Quantact or on the Internet generally.
Quantact reserves the right to monitor any and all communications through or with our facilities. You agree that Quantact is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Quantact with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current.
You also agree that you are an authorized user of any credit card that you supply to us and agree that we have an obligation to fully investigate any possible fraudulent credit card use. Any Fraudulent activity will be prosecuted to the fullest extent of the law.
You agree not to maliciously, intentionally, or unintentionally interfere with the proper operation of the system, including but not limited to defeating identification procedures, obtaining access beyond that which you are authorized for, and impairing the availability, reliability, or quality of service for other customers. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to follow the Acceptable Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online by Quantact, including restrictions on services available with each account type, restrictions on certain features, and all other policies designed to protect and enhance the quality and reliability of service at Quantact.
You agree to abide by any and all future Quantact policy decisions. In the event of a DOS (Denial Of Service) or attempted DOS on the Quantact Network/ Other network as a result of your account, Quantact reserves the right to suspend your account(s) pending investigation.
You agree that the security of your account is solely your own responsibility. You agree to keep your account up to date with the latest security updates. You further agree that if you believe the security of your account has been compromised in any way, you will notify Quantact immediately by email at email@example.com and in writing by registered mail return receipt requested to Quantact. You shall be held fully responsible for any misuse or compromise to your account. You agree that if any security violations are believed to have occurred in association with your account, Quantact has the right to suspend access to the account pending an investigation and resolution. You also agree that Quantact has the right to cooperate in any government or legal investigation regarding any aspect of our services, including services sold to you. Any use of our system to engage in software piracy or other violations of law will result in account suspension and be immediately reported to the appropriate authorities. Your account passwords and keys are for the account holders use only. Keep your passwords/keys private.
Your use of Quantact services is at your sole risk. Quantact is not responsible for files and data residing on your account, or any data on Quantact.com servers or network. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup
of files and data stored on Quantact servers.
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Quantact or any other service with reference to services obtained through Quantact, for
unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Quantact, or any other party or parties resulting from any such conduct.
You agree to supply appropriate payment for the services received from Quantact, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once setup is completed. You agree that until and unless you notify Quantact
of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically, and that Quantact may apply the amount due to the provided card at any time. You agree that refunds for unused account time periods will be not provided in the event of account termination, or user canceling account.
It is your responsibility to maintain up to date contact information in your profile so that we may contact you.
- Billing occurs on the 1st of each calendar month. Payment in full is due on the 1st.
- Accounts past due 10 days may be suspended for a period of 5 days, after which they may be terminated.
- New accounts are prorated in their first month.
This agreement supersedes any written, electronic, or oral communication you may
have had with Quantact or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable,
all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This agreement shall be governed by the laws of the State(s) of California.
By placing and continuing to maintain or place information on Quantact servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
Quantact.com requests that anyone who believes there are accounts or individuals in violation of this agreement should report the violation to Quantact at firstname.lastname@example.org. Information that will help us correct the violation may include IP addresses, Date and Time of alleged violation, and any evidence of the violation.
Quantact.com reserves the right to change/modify/revise/amend this agreement at any time. Please bookmark this page, as important information is contained herein, and updates will be posted to this website.
If your account is terminated due to violation of the acceptable use / terms of service no refunds will be given for any balance of time/service at Quantact. If you wish to cancel your account, please contact us at least 7 days prior to the next billing cycle.