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TERMS OF SERVICE ("TOS")
Rev. 10OCT2003
This document (the “Agreement”) sets forth the principles,
guidelines and requirements of the Terms of Service of Q87
International (the "Company"), governing the use by the customer
("Customer") of Company's services and products ("Services
and Products"). The Company believes it
provides the best services in the industry, and provides the
following policies in the best interests of the Company and
the Company's clients. The Company retains the right to modify
these Terms of Service at any
time and from time to time and any such modification shall
be automatically effective as to all customers when adopted
by Company and published here. Company shall be the sole and
final arbiter as the interpretation of the following. By utilizing
the Company's Services and Products, the Customer agrees to
be bound by the terms herein outlined.
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All customers must maintain the accuracy of their contact information within the iBizPanel,
located at:
https://admin.regionalinternet.com.
Failure to do so may result in suspension of service. Company is not responsible for any inability
by Customer to access or use iBizPanel.
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Company reserves the right to refuse or terminate service to anyone, at any time and for
any reason, including but not limited to violation of Company's Acceptable Use Policy.
Under no circumstances is Company responsible for any damages resulting from termination of
service.
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All payments to Company are non-refundable.
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Company's Services and Products are provided on an "as-is" and "as available"
basis, and are to be used at Customer's own risk. Neither the Company
nor its employees, agents, resellers, third-party information providers,
merchants, licensers, or the like, make any warranties of any kind, expressed or implied, including warranties of salability,
merchantability or
fitness for any particular purpose. Company is not responsible for hardware or software damage,
loss of wages or data, or any other financial or personal loss resulting from the use of, or
inability to use, the service. Any liabilities are strictly limited to the amount of the fee(s)
paid for services rendered in the three months immediately preceding a claim for
which Company is liable to Customer.
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Customer is responsible for all actions taken or caused to be taken in Customer's use of
the service. As a condition of service, Customer agrees to indemnify and hold harmless
Company's officers, employees, agents, owners, shareholders, and partners from any cause of action
originating from use of the service.
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Due to the insecure nature of much of the global Internet, Company strongly suggests that
credit card numbers or other personal information never be sent through e-mail or any other
Internet service, unless proper encryption is used. Customer is fully liable and responsible for
the security and integrity of their own services, including Internet servers. Company will not
be held liable for any security breaches that may occur. Customer agrees to fully indemnify
and hold harmless Company from any legal or financial claims that may result from a breach
in the security of Customer's services.
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Customer agrees to indemnify and hold the Company harmless
from any lawsuit, claim, charge, or expense, including reasonable
attorney fees and costs of defense, for any matter arising
from or relating to Customer's use of Company's Services and
Products.
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Nothing contained herein shall be deemed to create a
relationship between the Company and Customer in the nature
of a partnership, joint venture, editor/publisher or otherwise.
Both parties acknowledge and agree that the Company has no
interaction with the data or substance of Customer's Website,
except as necessary to maintain the Website.
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Customer acknowledges that the Company cannot provide technical support for any
software and/or script that the Customer installs, other than variable name
changes. Customer also acknowledges that the Company does not supply technical
support for Microsoft FrontPage, other than initial configuration. The Company
supplies technical support for Web hosting issues only. The Company shall be the
sole arbiter as to what constitutes a "Web hosting" issue.
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The Company promotes a mutually-professional relationship with its customers.
Abusive, threatening, obscene or otherwise harassing communications with agents
of the Company, via telephone, email, online chat or other means will result in
immediate account termination not withstanding any other terms of this
agreement.
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Company does not permit sites where 20% or more of the monthly traffic is
from file downloads, or sites that use more than 10% of system resources, or
sites which in the Company's view are detrimental to the enjoyment of the
Company services by the Company's other clients, or are in the sole and
final judgment of the Company, detrimental to network or business
operations.
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The Company will be the sole and final arbiter as to Websites
or usages of resources that constitute violation or intent
to violate our policies. Those Customers found in violation
of these policies are subject to a $300.00 service charge
for each instance of violation, exclusive of charges for the
bandwidth and/or other resources utilized. Websites which
the Company must suspend or cancel due to violation of these
rules are subject to charges for bandwidth and usage of resources
at twice the standard rate for such resources. Acceptance
of these Terms of Services, and/or use of Company's services
constitutes an acceptance of any fines, penalties or service
charges which might arise out of violation of these policies.
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This agreement shall be governed in all respects under the
laws of the State of California without regard to conflict
of law provisions. Any controversy or claim arising out of
or relating to this agreement, or the breach thereof, shall
be settled by arbitration, and administered by the American
Arbitration Association under its Commercial Arbitration Rules.
The Customer and Company agree that any such arbitration will
be governed by California law and will be held in San Diego,
California. The arbitrator will be an expert in the field
of Internet services. The arbitrator's award shall be final
and binding and judgment on the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof. There
shall be no class action arbitration pursuant to this agreement.
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If any portion of this agreement is found to contradict federal, state, or local laws, the
remaining portions will remain in full force.
ACCEPTABLE USE POLICY ("AUP")
This Acceptable Use Policy has been formulated with the following goals in mind:
- Ensure the integrity, security, reliability and privacy of Company's network and systems,
and the networks and systems of others.
- Preserve the value of the Internet as a resource for information and free expression.
- Preserve the privacy and security of Internet users.
- Discourage irresponsible practices which degrade the usability of network resources and
thus the value of Internet services.
- Avoid situations that may cause Company to incur legal liability.
- Maintain the image and reputation of Company as a responsible provider.
This Acceptable Use Policy in no way supercedes or overrides Company's Terms of Service.
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Company operates under a strict "No Spam" policy. The sending,
processing and/or delivery of any unsolicited
e-mail advertising messages from, to, or through Company's services is strictly
prohibited and may result in the imposition
of civil liability against the sender, in accordance with California Business & Professions
Code Section §17538.45. Pursuant to the law, NOTICE IS HEREBY GIVEN THAT
COMPANY IS AN EMAIL SERVICE PROVIDER UTILIZING MAIL SERVERS LOCATED IN THE STATE
OF CALIFORNIA. A copy of the California Business & Professions Code may be obtained
on-line from
http://www.leginfo.ca.gov.
"Unsolicited bulk" messages include, but are not limited to, commercial advertising,
informational announcements, and political or religious tracts.
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The following activities are expressly prohibited, and may result in account suspension
or termination:
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Sending unsolicited bulk e-mail (UBE) or unsolicited commercial email (UCE),
including the sending of "junk mail" or other advertising material to
individuals who did not specifically request such material, who were not
previous customers of Customer or with whom Customer does not have an
existing business relationship ("email spam").
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Unsolicited bulk e-mail (UBE) or unsolicited commercial email (UCE) which
advertises a Web site, IP address, e-mail account, or other service provided
by or through Company.
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Making Usenet postings which advertise a Web site, IP address, e-mail account, or other service provided
by or through Company, to any newsgroup whose charter does not specifically allow such
advertisements.
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Sending UBE, UCE or posting advertisements to Usenet (except where specifically allowed by newsgroup
charters) from a service provided by or through Company.
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Hosting "spam-friendly" Web sites, including spam software sites.
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Uploading a virus to a Company server will result in account termination,
service charges and/or prosecution.
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Harassment, whether through content, frequency, or size of e-mail or Usenet messages.
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Sending e-mail to any person who does not wish to receive it. If a recipient asks to stop
receiving email, the Customer must immediately and permanently cease to send that individual
any further e-mail.
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Forwarding or otherwise propagating chain letters or "e-mail hoaxes," whether
or not the recipient wishes to receive them, unless such propagation is both solicited
and in the clear context of debunking or discrediting chain letters/hoaxes.
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Transmitting any electronic communication, including e-mail, using the name or address of
another person or organization, for purposes of deception.
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Impersonating another individual by altering source IP address information, or forging
e-mail/Usenet headers or other identifying information.
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Any attempt to fraudulently conceal, forge, or otherwise falsify one's identity
in connection with use of the service.
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Any use of another party's electronic mail server to relay e-mail without express
permission.
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Collecting replies to messages sent from another Internet service provider, where
those messages violate this Acceptable Use Policy or any applicable policies of the
other provider.
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Denial of Service, including, but not limited to, any form of Internet packet
flooding, packet corruption, or abusive attack intended to impact the proper functioning
of any party's Internet servers or services.
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Using Company's network, Services and Products, or systems to store or send content which
is illegal according to the laws of United States of America, the state of California,
the city of San Diego, or any International treaties respected by the United States
of America, is not permitted for any reason.
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Customer shall not post, transmit, re-transmit or store material
on or through any of Services or Products which, in the sole
judgment of the Company (i) is in violation of any local, state, federal or
non-United States law or regulation, (ii) is threatening, obscene, indecent,
defamatory or that otherwise could adversely affect any individual, group or
entity (collectively, "Persons") or (iii) violates the rights of any person,
including rights protected by copyright, trade secret, patent or other
intellectual property or similar laws or regulations including, but not
limited to, the installation or distribution of "pirated" or other software
products that are not appropriately licensed for use by Customer.
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Using or storing any type of software which is designed to or is likely to abuse or
negatively impact Internet service, including, but not limited to, portscanners, hacking
tools, ping flooding programs, security/root exploits, packet sniffers, and spam software.
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Modifying, changing, or obscuring the MAC (Media Access Control) or IP (Internet
Protocol) address(es) of servers or services. Doing so may be considered cause for service
suspension or termination.
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Intercepting or attempting to intercept, through any method, network traffic
intended for other customers.
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Running proxy servers, such as squid or BNC, unless they are available only to
users whose verified contact information is known by the proxy operator and can be
disclosed to Company or law enforcement authorities upon request. All usage of
such services must be brought to the attention of the Company security team and
cleared by the Security Manager before you begin running such services.
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Any previous or current behavior, such as the sending of unsolicited e-mail,
that results in the addition of Company to any e-mail blackhole lists, or
otherwise negatively impacts the overall services of Company, is grounds for
termination.
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Pornography and pornographic related merchandising
are prohibited under all the Company's services. This includes
sites that include links to pornographic content elsewhere.
Further examples of unacceptable content or links include
pirated software, "hacker" programs, archives of "Warez Sites",
game rooms or MUDs, IRC Bots, Egg Drop programs, any kind
of illegal software or shareware. In addition, sites offering
online gambling, casino functionality, sportsbook betting
(including offshore), and internet lotteries are prohibited.
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Child pornography, including related material such as
simulated child pornography, non-nude child pornography, or sites linking to such material,
whether it is determined to be legal or not is strictly prohibited. Offenses of this nature will be reported to the
federal authorities and prosecuted to the fullest extent of the law.
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Actions that restrict or inhibit any Person, whether
a customer of Company or otherwise, in its use or enjoyment
of any of the Company's Services or Products.
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Activities deemed to be unsolicited marketing efforts
or otherwise harassing in any way.
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All e-mail lists operated by our customers, either advertising resources on
our networks or being sent through our networks, must conform to the double opt-in
standards. For more information regarding double opt-in lists and standards,
please click here.
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The Company will be the sole arbiter as to what constitutes a violation of these
provisions.
If you have any questions regarding these terms,
please contact us at:
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