Terms of Service

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qWhup.COm Terms of Service Agreement

Agreement

Use of QWHUP.COM 's Service constitutes acceptance and agreement to QWHUP.COM 's AUP (Acceptable Use Policy) as well as QWHUP.COM 's TOS (Terms of Service). If you register a domain with us then in addition you also agree to our Domain Registration Terms (DRT). From herewith in this TOS, AUP, DRT and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to QWHUP.COM, the usage of "you", "your", "they", "them" shall refer to client / customer of QWHUP.COM.

Your agreement to be bound by these terms is acknowledged by your use of the our Services which includes, but is not limited to visiting the website, using its internal and external links for search of information, ordering any of the services, contacting our representatives, Support Services and/or any software made available to you by us.

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by QWHUP.COM, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

2. QWHUP.COM will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

Account Setup / Email on file

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.

It is your responsibility to ensure the email address on file is current and up to date at all times. If you have a domain name registered with QWHUP.COM, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. QWHUP.COM is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email.

Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Duty to Notify QWHUP.COM of Breach

If Subscriber discovers anyone on the QWHUP.COM system violating any of these Terms or notices anything suspicious from the QWHUP.COM network, Subscriber agrees to report the violation or suspicious activity to tos@qwhup.com for investigation. QWHUP.COM reserves the right to and will immediately terminate any account which QWHUP.COM concludes to be in violation of any of these Terms.

Reservation of Rights

QWHUP.COM reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with QWHUP.COM.


Domain & Content

For us to host your website, it is necessary for you to upload your content to our servers. When you do this uploading, you are creating one or more copies of your content on our system. By purchasing hosting services from us, you acknowledge that these copies are being made, and give us the permission (a license) to maintain these copies and make them available to users of the Internet. You are solely responsible for providing all of the content and other data that make up your website.

Unlimited Domains

Unlimited domains refers to subdomains, parked domains and add-on domains. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. QWHUP.COM reserves the right to suspend, discontinue or delete the accounts of Users whose use of unlimited subdomains, parked domains and add-on domains results in or presents the risk of degradation of service to other customers, regardless of the amount of domains included in the User's plan. User agrees that such usage shall not exceed the amounts set by QWHUP.COM for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by QWHUP.COM as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with QWHUP.COM.

If we takes any such corrective action under this section, User shall not be entitled to a refund or credit of any fees paid prior to such action. User will comply with all applicable laws, rules and regulations regarding User's Web site, User Content and/or User's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. 

User is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the Web site does not violate such requirements or exceed any such limits allocated for the account(s) and otherwise complies with this Agreement. QWHUP.COM will use commercially reasonable efforts to e-mail Users who are at or near their utilization limits, but we does not take responsibility if e-mail notification(s) is not received by the User. QWHUP.COM reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.

Bandwidth Usage

The Company provides Users with bandwidth, disk space and other resources, such as e-mail, mysql databases, and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in The Company's web pages describing the package of Services purchased at the time of purchase. In some cases, The Company may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. The Company reserves the right to suspend, discontinue or delete the accounts of Users whose use of disk space, bandwidth or other resources results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the User's plan. User agrees that such usage shall not exceed the amounts set by The Company for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by The Company as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to User's web hosting account(s) with The Company.

Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.

The Company will monitor User's use of bandwidth, disk usage and other resources. The Company, in its sole discretion, shall have the right to take any corrective action if User's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, resource usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of User's Web site, User Content, User's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in The Company's sole and absolute discretion.

Liability

QWHUP.COM  will not be held liable for any loss or damage caused by inability to use the services correctly by its customers. We will not be held liable for any damage caused by viruses received through emails received via our servers.

By ordering services from us you agree to indemnify and hold harmless QWHUP.COM  from any claims resulting from the use of the service which damages the subscriber or any other party. Your use of QWHUP.COM ‘s services are at your sole risk.

All QWHUP.COM  services are provided on an as is basis without warranties of any kind, either express, implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non infringement or fitness for a particular purpose. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full. QWHUP.COM  makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the QWHUP.COM  service.

IN NO EVENT WILL QWHUP.COM  BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE HOSTROUTE’S SERVICES OR ANY CONTENT THEREON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED BY ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of The Company.

Limitations on QWHUP.COM's Liability

QWHUP.COM  SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL QWHUP.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT QWHUP.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. QWHUP.COM SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. QWHUP.COM 'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL QWHUP.COM 'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE euro (euro 1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO QWHUP.COM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, QWHUP.COM 'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification of QWHUP.COM

You, the Subscriber, agree to defend, indemnify and hold QWHUP.COM, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from QWHUP.COM 's own gross negligence or wilful misconduct. QWHUP.COM reserves the right, at its own expense, to assume the exclusive defences and control of any matter otherwise subject to indemnification by you, the Subscriber.

Third Party Product Names

The Company services are compatible with many software applications and third party products. The names of such products and/or applications, are used on The Company website with descriptive purpose only. Such names are registered trademarks of third companies, from which The Company is entirely separate and independent, unless otherwise stated.

Acceptable Usage Policy

The Company strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. You agree to our acceptable use policy available at https://www.qwhup.com/acceptable_use_policy.php.

If QWHUP.COM learns or discovers that User is violating any law related to User's Web site, User Content and/or User's electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, QWHUP.COM may be obligated to or may in its discretion inform the necessary law enforcement and/or any related agency(ies) of such conduct and may provide such agency(ies) with information related to User, User's Web site, User Content and/or User's electronic mail.

Promotional Pricing

QWHUP.COM may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honoured only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and QWHUP.COM will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package.

Backups

For its own operational efficiencies and purposes, QWHUP.COM from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON QWHUP.COM SERVERS, AND under no circumstance will QWHUP.COM be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any QWHUP.COM server. We will not attempt to back up accounts that exceed 50,000 files or 20 Gigs of space for any reason.
Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.

Payments and Fees

Payments are due every 1st, 6th, 12th or 24th month depedning on the pan you are subscribed to. An invoice will be raised and can be paid from the Client Area, please note that all our services are prepaid services and may be suspended on accounts that fail to pay by the due date.

If your invoice for the hosting services is not paid in full by the due date, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, QWHUP.COM shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 30 days behind in making payments, your data will be deleted. You hereby acknowledge that this is QWHUP.COM's policy when it comes to data retention, and waive all rights in and to your data in these situations.

Delinquent Accounts

QWHUP.COM may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

Cancellation and Refunds

We offer 30 day moneyback and anytime cancellaion guarantee on all shared hosting plans. For monthly subscriptiohns, there is no refund offered on cancellation after 30 days of sign up. Whereas for signup of services for six month or grater periods, how our policy works is detailed below:

If for any reason you decide to cancel your webhosting with QWHUP.COM, don’t worry- we offer anytime money-back guarantee (this does not include domain name registration fees, dedicated IP purchases, SSL certificates and pay per click advertising servcies costs etc..) Your refund will include all hosting fees for the remainder of your term, so sign up for a QWHUP.COM Web hosting plans with confidence!

All our hosting plans comes with a thirty (30) days money-back guarantee and if cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made in written by raising a support ticket from the client area. Refunds made for a thirty (30) days money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and YOU cancel within the first 30 days, a fee for the domain (and any applicable taxes) will be deducted from your refund.

The thirty (30) days money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) days money-back guarantee for other payment methods.

 *The domain registration fee we incur on each domain registration vary depending on the type of domain and number of years it was registered. You own the domain name and it stays yours.

 

Please note: Any account upgrades to hosting services such as additional domain registration, Priority Support, Daily Backup, Dedicated IP, Domain Privacy, Private SSL certificates, Pay Per Click Advertising, Search Engine Submission, and Site Transfer are non-refundable. In addition, we do not offer refunds on dedicated server plans as they are month to month and there are no contracts involved. QWHUP.COM also reserves the right to cancel your account with 72 hours notice should an event occur in which proper evidence exists that a customer was exceptionally rude or vulgar in communications with our staff.

Governing Law

This Agreement shall all be governed and construed in accordance with the laws of Ireland applicable to agreements made and to be performed in Ireland. You agree that any legal action or proceeding between Daft and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a state court of competent jurisdiction sitting in Ireland .

Any rights not expressly granted herein are reserved.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO QWHUP.COM  SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR QWHUP.COM  ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.

(END of Terms of Service)

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