This Agreement (“Agreement”) constitutes the entire agreement between QutaQ (“Company”) and you (“Customer”) regarding your use of the Company’s web hosting services (“Services”). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1. Introduction
1.1 The Company provides dedicated server and virtual private server hosting solutions (“Hosting Services”) through its network of data centers across various jurisdictions. This Agreement governs your use of these Hosting Services, including, but not limited to, server configurations, bandwidth allotment, storage space, and related control panels.
1.2 Offshore Hosting Services may be offered in specific jurisdictions subject to additional terms and conditions specific to those locations. You are responsible for familiarizing yourself with and complying with any local laws and regulations applicable to your chosen hosting location.
2. Acceptable Use Policy
2.1 You agree to use the Services solely for lawful purposes and in accordance with all applicable laws and regulations. Prohibited activities include, but are not limited to:
Transmission, storage, or distribution of content:
☛ Illegal, obscene, or pornographic
☛ Infringing on any intellectual property rights
☛ Defamatory, harassing, or threatening
☛ Violating applicable export control laws
Network abuse:
☛ Denial-of-service attacks
☛ Spamming or unsolicited bulk emailing
☛ Port scanning or vulnerability scanning
☛ Running proxy servers or anonymizers
Engaging in activities that:
☛ Interfere with the operation of the Services or any other user’s use of the Services
☛ Pose a security risk to the Services or any other user’s data
☛ Damage the reputation of the Company or its partners
2.2 The Company reserves the right to terminate your Service with immediate effect and without refund if you engage in any activity prohibited by this Agreement or violate any applicable laws or regulations.
2.3 Content Restrictions Specific to Server Location
Please note that certain content restrictions may vary depending on the jurisdiction of your chosen server location. While some content may be allowed in certain jurisdictions, it may be prohibited in others. It is your responsibility to familiarize yourself with the specific laws and regulations of the server location you have selected and to ensure that your use of the Services complies with those laws and regulations.
3. Service Provisioning and Payment
3.1 Service provisioning commences upon confirmation of payment by the Company. No refunds will be issued once an order for Hosting Services has been provisioned and activated.
3.2 Customer is responsible for all fees associated with the chosen Hosting Services and any applicable taxes. Payment terms are specified during the ordering process and may vary depending on the chosen plan and billing frequency.
3.3 The Company reserves the right to modify its pricing or service offerings at any time without prior notice. However, any such changes will not apply to existing Service subscriptions until the next renewal period.
4. Server Management and Security
4.1 Dedicated Server Customers are responsible for the management and security of their server environment. This includes patching software, managing user accounts, and implementing security measures to protect against unauthorized access.
4.2 VPS Customers may have varying levels of access and control over their server environment depending on the chosen plan. The Company may offer managed VPS services for customers who require assistance with server management tasks.
4.3 The Company is responsible for the physical security of its data centers and the underlying network infrastructure. However, it is your responsibility to implement appropriate security measures on your server to protect your data and applications.
5. Backups and Data Loss
5.1 The Company recommends that you regularly back up your data to avoid data loss. The Company is not responsible for any data loss that may occur as a result of server crashes, hardware failures, software errors, or any other event beyond its reasonable control.
5.2 Some Hosting Services may include backup solutions as part of the plan. However, it is Customer’s responsibility to verify the functionality and reliability of any included backup solutions and to ensure that their data is properly backed up.
6. Intellectual Property Rights
6.1 The Company owns or licenses all intellectual property rights associated with the Services, including the underlying software, hardware, and network infrastructure. You are granted a non-exclusive, non-transferable license to use the Services for your own internal business purposes only.
6.2 You may not modify, reverse engineer, decompile, or disassemble any part of the Services or attempt to create derivative works. You may not sublicense, rent, or lease the Services to any third party.
7. Disclaimer of Warranties
7.1 THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7.2 THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS.
8. Limitation of Liability
8.1 IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITEDTO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2 THE COMPANY’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.
9. Indemnification
9.1 You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the Services, your violation of this Agreement, or your violation of any applicable laws or regulations.
10. Termination
10.1 You may terminate your Service at any time by contacting the Company’s customer support. However, no refunds will be issued for any unused portion of the Service.
10.2 The Company may terminate your Service at any time, without notice, if you violate any provision of this Agreement or engage in any activity that the Company deems harmful to its business or reputation.
11. Governing Law and Dispute Resolution
11.1 This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the server is located, without regard to its conflict of law provisions.
11.2 Any dispute arising out of or relating to this Agreement shall be resolved exclusively by the courts of the jurisdiction where the server is located.
12. Entire Agreement
12.1 This Agreement constitutes the entire agreement between you and the Company regarding your use of the Services and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to the Services.
13. Severability
13.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.
14. Notices
14.1 All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when sent to the addresses set forth below:
If to the Company: [email protected]
If to you: Your email address on file with the Company
15. Assignment
15.1 You may not assign this Agreement without the prior written consent of the Company. The Company may assign this Agreement without your consent.
16. Waiver
16.1 No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.
17. Headings
17.1 The headings of the sections of this Agreement are for convenience only and shall not affect the interpretation of this Agreement.