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Terms Of Service
All customer
accounts are subject to the following:
Payment Policies
All accounts are billed as stated in the hosting plan you
choose. It may be either monthly, quarterly, yearly or otherwise
if visibly stated. Setup fees are non-refundable. All pricing is
guaranteed for the term of pre-payment. Payment is due on each
period following the date the account was established. Credit
card orders that are on recurring orders will NOY be charged
automatically to the card number on file. Instead, email
notification will be sent to customer about invoice generated
that will be paid manually via our member's area located at
https://www.qbem.com/mb
The customer is responsible for all money owed on the account
from the time it was established to the time that the customer
notifies QBEM in writing for a request for termination of
services to our support department.
Cancellation
QBEM has the right to cancel service at any time if the
customer breaks any rules mentioned below.
Customers can cancel service with at least two business days
advance written notice. All account cancellations must be done
via our helpdesk system or email. Cancellation requests via
LiveSupport chat are not accepted.
Dedicated server accounts require minimum of one week email or
helpdesk notice.
Excessive bandwidth
QBEM's hosting packages specify limits for bandwidth and use in
excess of those limits is billed at additional cost. The cost of
every GB over prepaid limit is mentioned in the detailed package
info. Bandwidth utilization is determined by the total number of
bytes transferred from an account's Web, FTP and email traffic.
Site Security
The customer is solely responsible for any breaches of
security affecting servers/sites under customer control. If a
customer's site is involved in an attack on another system, it
will be shut down and an immediate investigation will be
launched to determine the cause of the attack. In such an event,
the customer is responsible for the cost to rectify any damage
done to the attacked system and any other requirement affected
by the security breach. The labor used to rectify any such
damage is categorized as emergency security breach recovery and
is currently charged at $100 per hour. Customer is
responsible for notifying QBEM immediately upon known or
suspected breach of security to or from his site/system. We have
zero tolerance to system abusers and these are shutdown after
investigation immediately without any refund for services being
not provided.
Acceptable Use Policy
QBEM has developed an Acceptable Use Policy ("AUP"), which
supplements and explains certain terms of each customer's
respective service agreement and is intended as a guide to the
customer's rights and obligations when utilizing our services.
The following activities are prohibited:
Spamming
- Sending unsolicited E-mail messages over the Internet.
- Installing dangerous scripts that allow easy abuse.
- Maintaining an open SMTP relay is prohibited.
Obscene Speech or Materials
Advertising, transmitting, storing, displaying or otherwise
making available illegal pornography or obscene
speech or material. QBEM is required by law to notify law
enforcement agencies when we become aware of any presence of
child pornography, drug distribution and racial hatred on our
network.
Forging of
Headers
Forging or misrepresenting message headers, whether in
whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers,
accounts or networks belonging to another party. Also, any
activity that might be used as a precursor to an attempted
system penetration (i.e. port scan, stealth scan or other
information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or
Other Destructive Activities
Distributing information regarding the creation of and
sending of Internet viruses, worms, Trojan horses, pinging,
flooding, mailbombing or denial of service attacks. Also,
activities that disrupt the use of or interfere with the ability
of others to effectively use the network or any connected
network, system, service or equipment.
Illegal Activities
Engaging in activities that are determined to be illegal by law,
including advertising, transmitting, or otherwise making
available fraudulently charging credit cards, illegal activities
and pirating software (warez, cracks, etc..)
Other Activities
Engaging in activities, whether lawful or unlawful, that QBEM
determines to be harmful to its subscribers, operations,
reputation or customer relations. Engaging in any activity that
infringes or misappropriates the intellectual property rights of
others, including copyrights, trademarks, service marks, trade
secrets, software piracy and patents held by individuals,
corporations or other entities. Also, engaging in activity that
violates privacy, publicity or other personal rights of others.
We hope this AUP is helpful in clarifying the obligations of our
users as responsible members of the Internet. Any complaints
about a subscriber's violation of this AUP should be sent to
abuse@qbem.com and it will be dealt
with immediately. QBEM reserves the right to modify this AUP at
any time, effective upon the posting of the modified AUP to this
site and notifying current clients about the change.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold
QBEM harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted
against QBEM, its agents, its customers, officers and employees,
that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, its
agents, employees or assigns. Customer agrees to defend,
indemnify and hold harmless QBEM against liabilities arising out
of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with QBEM server;
(2) any material supplied by customer infringing or allegedly
infringing on the proprietary rights of a third party; (3)
copyright infringement and (4) any defective products sold to
customer from QBEM server.
We are strict and we have high demands on our staff as well. We
are honest and hopefully together we will build long term
business commitment to both sides' satisfaction. |