Use of Quack Web Service constitutes acceptance and agreement to Quack Web's Terms as well as Quack Web's AUP (Acceptable Use Policy), spam policy and fraud policy.

Where the context admits: "We" includes Quack Web or any party acting on Quack Web's implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Server" means the computer server equipment operated by us in connection with the provision of the Services. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement. We reserve the right to change or amend this policy with or without notice at anytime.

By using our services you agree to be bound by our terms and conditions below:


1. Web Site Hosting And Email

1.1. We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
1 .2. You shall effect and maintain adequate insurance cover in respect of any loss or damage to data stored on the Server.
1 .3 You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:
1 .4 you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
1.5 you will not post, link to or transmit:
(a) any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, blasphemous, profane or otherwise objectionable in any way.
(b) any material containing a virus or other hostile computer program.
(c) any material which constitutes, or encourages the commission of, a criminal offense or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
1.6 you will not send bulk email whether opt-in or otherwise from our network. Nor will you promote a site hosted on our network using bulk email.
1.7 you will not employ programs which consume excessive system resources, including but not limited to processor cycles and memory.
1.8 We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez or illegal MP3 content (i.e. you may only upload MP3's if you own the copyright).
1.9 You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
1.10 You shall observe the procedures which we may from time to time prescribe and shall make no use of the Server which is detrimental to our other customers.
1.11 You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.
1.12 In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
1.13 Any access to other networks connected to Quack Web must comply with the rules appropriate for those other networks.
1.14 While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
1.15 Users that abuse the network, such as mass unsolicited email (spam), illegal content, fraud, payment invasion, will have their name, website address, details of the abuse and ip number posted on our "name and shame" forum to aid other hosts and our resellers in refusing you future accounts. Under all circumstances we will inform your ISP of your actions and if necessary legal and police departments. We will not tolerate any abuse of our network and abuse will be punished to the fullest extent allowable under law.
1.16 In relation to clause 1.15, we have the right to charge a $250 fine for each abuse case and the abuser will be liable for any costs incurred by ourselves, our customers or any other company / business linked to us.
1.17 If you abuse the network or we receive a complaint about your account we will investigate this and we have the right to suspend the account if your actions could have a negative effect on our business or any other business connected to us. In extreme cases we may terminate your account and end our business relationship with you immediately. In such circumstances a refund will not be paid. Attempts to recover any monies paid in abuse situations will result in legal proceedings against you to the fullest extent allowable under law.
1.18 Those clients that have a promotional/limited time offers with their reseller or hosting accounts are hereby bound to a 4 month contract. After this 4 month contract the client may cancel at anytime. If the client for any reason cancels their account before the 4 month contracted period, they will be subject to a $50 cancellation & clean up fee. Dedicated server clients are subject to section 10.1.
1.19 Unlimited Hosting as defined for the Enterprise package and special promotions will be unlimited unless hosting account is used as mass storage (e.g. storage of images, music files, windows files, etc) or if the site is a bandwidth hog. Bandwidth will then be caped at 100 GB. Anything over 100 GB is subject to over usage fees.
1.20 Quack Web reserves the right to terminate any account with or without reason at any time.


2. Affiliates

2.1 We reserve the right to remove an affiliate account if it is found that the said affiliate has conducted any of the following activities: the sending of unsolicited email (aka spam/spamming), bulk off-topic advertising / posting to newsgroups, performed an action that could or has damaged our business reputation, or the reputation of any companies / businesses connected with Quack Web.
2.2 We reserve the right to increase / decrease commissions and percentages to our affiliates at any time without reason, and to remove the affiliate scheme altogether at any time.
2.3 Affiliates commission is calculated in $US (US DOLLARS) and paid in $US
2.4 Affiliates will receive their commission when they have built up a balance of $50 or more. When this amount is reached, their cheque will be posted to them on the 1st of the month.
2.5 If a commission cheque is returned due to incorrect postage details then any additional bank / admin charges will be deducted from the affiliates commission before it is resent to a corrected address.
2.6 Customers that find our services from the internet via an affiliate link or search engine may not sign up after joining the affiliate program and purchasing via their own affiliate link.


3.Web Site Hosting Service Availability

3.1 We shall use our reasonable endeavors to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
3.2 We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
3.3 The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
3.4 Uptime guarantees do not include downtime required to upgrade / service hardware or problems caused by your equipment or 3rd parties, for example but not limited to, your ISP (internet service provider).


4. Payments

4.1 All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of pre payment.
4.2 Payment is due each month or year until closure notice is given. If you choose to pay by credit or debit card you authorize Quack Web's credit card / debit card processing to debit your account renewal fees from your card automatically when your renewal date is up.
4.3 All payments must be in $US or any currency accepted by PayPal
4.4 Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of Services to you.
4. 5 Orders submitted using free email accounts may be subject to a telephone call to confirm the order prior to the account being set up.
4.6 From time to time security checks are performed and new customers may be telephoned prior to any service commencing.
4.7 If unpaid monies are owned to us for one or more services we reserve the right to suspend / terminate all services you hold within the Quack Web network and it's sister websites.
4.8 If monies are owned to us are not received in full within 30 days of our final request it will be considered as fraud and our fraud policy, as detailed on our website, will be used to collect such monies without exception.
4.9 Payments made late are subject to a $15 late fee per incident. A warning will be issued before the late fee is applied..
4.10 Any account past 60 days due and after multiple efforts in good faith to collect the outstanding balance will be considered delinquent. After this period Quack Web Inc. reserves the right to obtain any domains associated with the account and hold them until the total outstanding balance is paid plus a $150 delinquent account fee.


5. Web Site Hosting Termination

5.1 If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.2 If you break any of these terms and conditions we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.3 If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.
5.4 Refunds will be given at the discretion of the Company Management including refunding of upfront yearly fees
5.5 We reserve the right to suspend the Services and/or terminate this Agreement / your account at any time with no notice or reason.
5.6 You may cancel the Services at any time. Canceling payments (PayPal) to us on monthly paid plans will result in the immediate suspension of the service(s). For annually paid plans the account will be suspended at the end of the 12 month period. Partial refunds will only be given on annual plans at our discretion.
5.7 On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.
5.8 When an account termination request is received it will only be actioned if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password.
5.9 When a valid account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date unless its at the end of a pre paid yearly contract.
5.10 Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the customer at the correct time of closure.
5.11 Account cancellations must be made by following the procedure outlined in our Cancellation Policy.
5.12 Unprofessional clients i.e. clients that have caused problems such as undermining the security of a server, unruly/racist/vulgar comments towards a Quack Web employee or the company in general and have been given warning to such offences, and clients with repeated late payments are subject to a $40 clean up fee upon termination of services.


6. Web Site / Company Logo Design Services

6 .1 Amendments to any logo will incur a fee, except in circumstances where we have made an error
6 .2 We will deliver your logo via email within 5 working days.


7. Resellers

7.1 Resellers may cancel their account by following the cancellation policy.
7.2 Additional reseller resources are only available in units, as per our website.
7.3 The reseller will be responsible for their customers and must ensure that their customers do not break any parts of our terms and conditions.
7.4 If a resellers customer is found to be sending small amounts of unsolicited email (aka spam) the reseller must warn the customer that if this is repeated their account will be terminated. If a reseller allows such actions to continue, we have the right to remove the resellers account.
7.5 We have the right to suspend / terminate any website, including resellers customer websites is mass spamming, or any other abuse that may occur.
7.6 If a reseller fails to pays for any reseller unit we reserve the right to suspend the resellers account and stop their customers from using our resources.
7.7 We will not be held liable for the actions of our resellers.
7.8 Resellers must act in a professional business manner at all times.
7.9 A reseller may sell their customers to us at a price we set.
7.10 Resellers must not create web hosting packages that contain features that we do not offer, however resellers may offer hosting packages from other providers with additional / different features than those we offer.
7.11 Resellers must make their customers aware of our terms and conditions and our privacy policy, however they do not have to disclose that we are their service provider.
7.11 Our "qualified reseller" program that entitles resellers to discounts on certain products / services is only available to resellers that have held a live reseller account for 4 or more consecutive months with a clean payment history.
7.12 The "qualified reseller" discounts can not be back dated if a reseller fails to apply for the discount. Resellers should apply for any discounts by contacting us via email. Proof of their reseller account, such as username, password, account number will be required for all discounts.
7.13 Qualified reseller status may be removed from a reseller at the discretion of ourselves.
7.14 Qualified reseller discounts do not automatically apply to special deals. Any special deals will include a QRD (qualified reseller discount) percentage.
7.15 When an account termination request is received it will only be actioned if it contains enough proof that we know it came from the authorized account holder. Such information required is: account number, username, password.
7.16 Resellers do not qualify for the 14-day money back guarantee unless there is a setup fee involved.
7.17 Accounts closed in error by the customer will not be reopened unless we receive new payment equivalent to one months service which must then be cancelled by the customer at the correct time of closure.
7.18 When an account termination request is received it will be terminated immediately. We do not accept termination requests that request closure at a future date. All termination requests must be made by following the account cancellation policy.


8. Adult Website Hosting

8.1 We do allow adult content but we do not under any circumstances allow adult content that contains any person under the age of 18.
8.2 Adult hosting customers agree for us to check their content on a daily basis to protect against underage and / or illegal content.
8.3 Any customer found to be hosting underage and / or illegal content i.e., child porn will have their account terminated immediately and the offending content will be passed to the FBI on ALL occasions.
8.4 A charge of $250 will be taken from any customer found to be hosting child porn and no refunds will be paid.
8.5 We reserve the right to decline any adult related website at our discretion.


9. Secure Certs

9.1 Secure certificate fees are non refundable
9.2 We require proof of authority to use the domain name for which the certificate is applied for, and proof of identity before we will issue your certificate. Proof must be faxed to us via the fax numbers on our website.
9.3 For business application we may also require proof of business trading.
9.4 The certificate is for a 12 month period only. You may renew your certificate before it expires for continuous service.
9.5 If the renewal payment is not received at the end of the 12 month service period your certificate will be suspended.


10. Dedicated servers

10.1 There is no contracted period for dedicated servers unless you pay multiple months/years in advance. If paying in advance, your account is subject to that length and is considered under contract.
10.2 Setup fees are non refundable before and after the 14 day money back guarantee no matter what the circumstance.
10.3 Software support is not covered by our managed policy unless the software is DirectAdmin's control panel software.
10.4 You are free to install any legal software on our dedicated servers, this includes but is not limited to: perl modules, apache systems, php modules, php / perl based systems. Anything relating to IRC is strictly prohibited at all times on the Quack Web network.
10.5 You must make any person(s) that may use the dedicated server aware of our terms and conditions and our privacy policy, however you do not have to disclose that we are your service provider.
10.6 If you intend to resell services to other individuals via your dedicated server then you must have your resellers comply with our reseller terms as above.
10.7 Service will not commence until we have received as signed and dated copy of our dedicated server application form or you are verified by a Quack Web associate or automated verification system. This applies to all bi/yearly accounts and all high end server packages.
10.8 Our management service applies to server uptime, bandwidth uptime, DirectAdmin software issues, firewall management (if applicable), reboots, hardware issues, security management and general support questions. It does not include the installation of additional systems, including modules, scripts, 3rd party systems, system recompiles. Dedicated server customers are free to install these themselves or we can install them as per our hourly rate as below.
10.9 Work conducted outside of our management service is charged at $35/ per hour. We will require your confirmation of work to be completed and fee's payable for this before we will action the request. Payments in advance and at least 30 days before the work is to be completed for management service will receive an hour free when paying two hours in advance.
10.10 Dedicated customers must also comply with section 1. Web Site Hosting And Email and section 3.Web Site Hosting Service Availability, as above.
10.11 Our dedicated clients may be subject to different rules and standards if a special agreement is made with Quack Web.

10.12 Quack Web Internet Solutions guarantees network uptime to be 99.9% or better in a one month period. The end user is ultimately responsible for the uptime of the server since they will have complete control. The end user must inform us that they need a reboot if the server is down, we do not monitor servers for their uptime.

10.13 Spam sent from our network will not be tolerated under ANY circumstance. Any server found to have been sending spam is subject to immediate cancellation with no refund of any kind to be issued. All servers canceled due to the sending of spam will be charged a $300 cleanup/disconnect fee to the credit card on file. Any spam that causes an IP address under our control to be listed within a spam database such as but not limited to SBL, will be subject to a $3,000 disconnect/cleanup fee. There are no exceptions to this rule! If spam comes from your server, you will be charged this fee and your services will be disconnected immediately.

11. Colocation Accounts

11.1 There is no contracted period for colocation accounts unless you pay multiple months/years in advance. If paying in advance, your account is subject to that length and is considered under contract.
11.2 All fees are non-refundable. 14 Day Money Back Guarantee does not apply to colocation accounts.
11.3 Software support is not covered by our managed policy unless the software is DirectAdmin's control panel software.
11.4 You are free to install any legal software on our dedicated servers, this includes but is not limited to: perl modules, apache systems, php modules, php / perl based systems. Anything relating to IRC is strictly prohibited at all times on the Quack Web network.
11.5 You must make any person(s) that may use any and all servers on our network aware of our terms and conditions and our privacy policy, however you do not have to disclose that we are your service provider.
11.6 If you intend to resell services to other individuals via your colocation account, you must make them aware of all terms of service and acceptable use policies we have.
11.7 Service will not commence until we have received as signed and dated copy of our colocation application form or you are verified by a Quack Web associate or automated verification system. This applies to all colocation accounts.
11.8 Our management service applies to server uptime, bandwidth uptime, DirectAdmin software issues, firewall management (if applicable), reboots, hardware issues, security management and general support questions. It does not include the installation of additional systems, including modules, scripts, 3rd party systems, system recompiles. Colocation customers are free to install these themselves or we can install them as per our hourly rate as below.
11.9 Work conducted outside of our management service is charged at $35/ per hour. We will require your confirmation of work to be completed and fee's payable for this before we will action the request. Payments in advance and at least 30 days before the work is to be completed for management service will receive an hour free when paying two hours in advance.
11.10 Colocation customers must also comply with section 1. Web Site Hosting And Email and section 3.Web Site Hosting Service Availability, as above.
11.11 Our colocation clients may be subject to different rules and standards if a special agreement is made with Quack Web.

11.12 Quack Web Internet Solutions guarantees network uptime to be 99.9% or better in a one month period. The end user is ultimately responsible for the uptime of the server since they will have complete control. The end user must inform us that they need a reboot if a server is down, we do not monitor servers for their uptime.

11.13 Spam sent from our network will not be tolerated under ANY circumstance. Any server found to have been sending spam is subject to immediate cancellation with no refund of any kind to be issued. All servers canceled due to the sending of spam will be charged a $300 cleanup/disconnect fee to the credit card on file. Any spam that causes an IP address under our control to be listed within a spam database such as but not limited to SBL, will be subject to a $3,000 disconnect/cleanup fee. There are no exceptions to this rule! If spam comes from your server, you will be charged this fee and your services will be disconnected immediately.

12. Law

12.1 This Agreement shall be governed by and construed in accordance with English and United States of America law and you hereby submit to the non-exclusive jurisdiction of the English and United States of America courts. All legal proceedings are to be held at Quack Web Headquarters home state, Colorado in the county of Jefferson.

12.2 Any and all outstanding fees must be paid immediately upon the cancellation of your account. If fees are not paid, Quack Web reserves the rights to retain any and all property, physical and virtual, until said fees can be paid in full. Failure to pay outstanding fees within 14 days of the closing of your account will result in the forfeiture of all said property and may result in legal and/or debt collection proceedings to obtain any rightfully owed fees against client.

12.3 It is also understood that wrongful chargebacks will result in a 30% fee of the amount (or $35 fee, whichever is greater) that was chargebacked against Quack Web in addition to any money rightfully owed as a result of said chargeback. Your account may be suspended or terminated immediately for initiating a chargeback until such issue can be resolved.


13. Headings

13.1 Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.


14. This Agreement

14.1. By performing any transactions on this web site you agree to these terms and conditions, our acceptable use policy (AUP), fraud policy, spam policy and also agree to make any person(s) who use our services aware of our terms and conditions.
 

15. Cancellations

Quack Web Internet Solutions will gladly close any account at anytime for any reason as long as you follow the following procedures:

Quack Web Internet Solutions requires all account cancellations to originate from the main email address we have on file or by providing sufficient information that you are indeed the client of the account.

When canceling your account, please provide us with the following information. Failure to do so will cause your account to remain active and you may be billed for an additional period for providing a lack or inconsistent information.

We require:

Username
Password
Master Account Domain
The Name of the Server You are Located On
Last 4 Digits of Credit Card on file
Reason For Canceling (Optional)
If there is anything we can do to keep your business (Optional)
When to cancel account: Instantly or at End of Billing Cycle

All cancellations must be made at least 10 days prior to the next billing cycle, NO EXCEPTIONS. Failure to do so will cause your account to be billed for the next billing period.

All outstanding debts MUST be paid before canceling account. Failure to do so will keep your account active. We reserve the right to retain ownership rights of any and all domains registered by us until all debts have been settled.

Any yearly accounts are on a contract basis for one year starting the day of payment and ending on the anniversary date of payment. Yearly accounts and contracted accounts are renewed automatically unless cancelled following the above procedures. Our 14-day money back guarantee does not cover yearly payments or contracted accounts try our service out on a month to month basis first, then pay yearly.

NO REFUNDS WILL BE ISSUED FOR ANY REASON UNLESS YOUR ACCOUNT FALLS UNDER THE 14-DAY MONEY BACK GUARANTEE TIME PERIOD. ANY CREDITS TOWARDS YOUR ACCOUNTS FOR DOWNTIME ETC. WILL NOT BE REFUNDED, THEY ARE QUACK WEB INTERNET SOLUTIONS CREDITS AND CANNOT BE CREDIT TO A BANK OR CREDIT CARD ACCOUNT.