QuiQ HOSTING's primary objective is to value and support our subscribers
wherever, whenever and however possible. Our management and staff will
provide the highest level of attention and dedication to all of our
subscribers.
In pursuit of our
primary objective, QuiQ HOSTING agrees to deliver the agreed upon
services, as declared in the “New Account” confirmation, to our
customers at the time of purchase, subject to the following Terms of
Service (hereafter referred to as TOS).
In
addition, the use of QuiQ HOSTING's service(s) by a subscriber
constitutes an unconditional acceptance of and agreement to QuiQ HOSTING's TOS. QuiQ HOSTING reserves the right to change or
modify the TOS at any time without notice.
A. 10-Day Money Back Guarantee
QuiQ HOSTING proudly offers its subscribers a “10-Day Money Back
Guarantee.” This guarantee allows subscriber to purchase QuiQ HOSTING’s services with full confidence and zero-risk, provided the customer must state clearly the reasons for discontinuation. Terminated accounts are not eligible for this
guarantee if the termination occurred due to a violation of this TOS.
This
guarantee can be requested at anytime within the 10 days of the
commencement of service. If the 10-Day service of the
subscription has been exceeded, subscriber is not eligible for this
guarantee. A request for this guarantee must be submitted via QuiQ HOSTING’s “Contact Us” form.
If requesting a refund, we ask that subscriber briefly explains the
reasons for doing so, as well as any suggestions on how QuiQ HOSTING
could improve service. And if for the reasons of refund request are not clearly due to fault from our side, the customer will not get awarded the refund sum.
B. Refunds for Domain Registrations
QuiQ HOSTING utilizes an industry standard third party Registrar for
domain name registration services. Once an order is placed for a new
domain name through QuiQ HOSTING, we register the domain for the
customer through the Registrar. Domains registered in this manner are
not eligible for a refund and the cost for such domains will be
subtracted from any service refund from QuiQ HOSTING.
New domains may be cancelled and receive a full refund only within the
first 24 hours after placing an order. This grace period only applies
to new domain name registrations and is not applicable for domain
renewals.
If you cancel your QuiQ HOSTING
service, you will retain ownership of your domain name for as long as
you continue to renew the domain. You may renew the domain through QuiQ HOSTING or through the Registrar.
II. 99.9% Uptime Guarantee
QuiQ HOSTING guarantees that your website will be up and running at least
99.9% of the time during any 12-month period. This guarantee includes
network uptime, server uptime, web server and service uptime.
It does not cover any areas where QuiQ HOSTING has no direct
influence, such as backbone provider failures, fibre-optic main line
cuts, DNS or Registrar issues with subscriber’s domain name, routing
issues between subscriber location and QuiQ HOSTING data center. The
uptime guarantee is also not applicable if the service interruption was
caused by external issues such as Acts of God, Wars or any other
natural or unnatural events that QuiQ HOSTING cannot directly
influence.
To request a service credit due to an uptime concern, please submit a request for this guarantee via QuiQ HOSTING’s “Contact Us” form or "Support Center"
If requesting a “service credit” we ask that subscriber briefly explains the reasons for doing so.
III. Prohibition of Adult Content
Subscribers of QuiQ HOSTING’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is
considered adult content. Online image galleries whose primary purpose
is the public display of fine art or artistic mediums are not
considered to be adult content.
IV. "Fair-Use" Resource Assignment
QuiQ HOSTING offers high-limit or unlimited amounts of disk space
and/or other resources, such as bandwidth transfer, email or FTP
accounts. The intention of QuiQ HOSTING is to provide ample
resources for customer convenience, so that customers needn't to worry
about exceeding limits.
It is acknowledged
by users of QuiQ HOSTING services that these resource allotments are
optimized and dedicated towards serving web documents and self-need
email / FTP services and is not to be used as offsite storage area for
electronic files, or as a provisioning service for third party email or
FTP hosts. All downloadable files or files stored on the server must be
available for download via a HTML document stored on the Internet in a
publicly or privately accessible area, and must be directly related to
the general nature of the website index. Illegal content such as
pirated software, music or other media are strictly prohibited and are
not allowed on QuiQ HOSTING servers.
It is
also acknowledged by users of QuiQ HOSTING services that these
resources are limited by physical restraints of technology as well as
by reasonable limits of a shared resource environment. Users must
realize that server technology limits the amount of available resources
for use, including but not limited to disk drive space, CPU processing
power, memory and access speed. QuiQ HOSTING takes measures to
utilize the latest and most economically feasible mass server market
technology available to provide services. It is furthermore
acknowledged by users of QuiQ HOSTING services that all provided
services are of a shared-server nature, and other users are sharing the
provided space. Customer accounts are placed on a server with up to
hundreds of other users. QuiQ HOSTING, along with many other hosting
providers use this business model in order to offer web hosting
services en masse at inexpensive and affordable rates.
It is acknowledged that any single account is entitled to utilize the
server resources, within reason, up to what is allotted or by what is
physically available. If resources become scarce, QuiQ HOSTING
reserves the right to limit users of the affected machine to a lower
limit to preserve the effectiveness of the service for all users. If a
particular user is in extreme excess of what the average users of the
machine have in use (actually used) of their resource allotments, that
customer may be asked to remove content, cut resource usage, or
relocate to a dedicated service provider. This policy only applies to
web sites that are considered to be abusive in service, disk space or
resource consumption and where it is evident that the "fair-use" of
resources among customers has been breached, particularly in regards to
disk space, bandwidth or CPU processing power utilization.
Additionally, web sites that are found to contain either/or no html
documents, a large number of unlinked files are subject to warning,
suspension or cancellation at the sole discretion of QuiQ HOSTING.
If a "Fair-Use" breach occurs, which's determination is solely up toQuiQ HOSTING, subscriber may have to remove files from or reduce
access to subscriber's account to an extent as determined by QuiQ HOSTING, in order to restore full serviceability to other
subscribers affected by the breach. In any case, the subscriber will be
notified of any actions that QuiQ HOSTING may have to take.
V. SPAM and Unsolicited Commercial Email (UCE)
QuiQ HOSTING takes a zero tolerance approach to the sending of
Unsolicited Commercial Email (UCE) or SPAM through our network and
services. Customers of QuiQ HOSTING may not use, or permit
others to use, our network to partake in UCE distribution. Customers ofQuiQ HOSTINGmay not host or permit hosting of sites or information
that is advertised by UCE from other networks.
Upon
notification of an alleged violation of our SPAM policy, QuiQ HOSTING will initiate an immediate investigation. During the
investigation, QuiQ HOSTING may restrict customer access to the
network to prevent further violations. Subscriber will thereafter be
advised of the situation. If a subscriber is found to be in violation
of this TOS, QuiQ HOSTING may, at its sole discretion, unilaterally
restrict, suspend or terminate the violating customer's account.
Further, QuiQ HOSTING reserves the right to pursue civil remedies
for any costs associated with the investigation of a substantiated
policy violation. QuiQ HOSTING will notify law enforcement officials
if the violation is believed to be a criminal offense.

VI. Prohibited Scripts and Applications
QuiQ HOSTING strictly prohibits the use of certain scripts such as
IRC, Proxy, SSH, Telnet, or any other script which may overwhelm server
resources due to the inherent nature of the script itself or by defect
in the coding of the script. If a user script is found to be in
violation of this clause, or is found to be overwhelming system
resources, the user may be requested to remove the script, or in cases
of system resource abuse, it may be removed without prior warning
and/or the user account may be suspended for further review.
Establishment of this service is dependent upon receipt of payment of
stated charges by QuiQ HOSTING. Subsequent payments are due on the
anniversary date of the month for that month's service or whichever is
the selected billing cycle.
QuiQ HOSTING may temporarily deny or terminate service upon the
failure of the subscriber to pay the charges when due. Such termination
or denial will not relieve the subscriber of responsibility for the
payment of all accrued charges and any collection fees.
A subscriber may cancel his account at any time online via his account control panel’s “Billing Options.”
If requesting a cancellation, we ask that subscriber briefly explains
the reasons for doing so, as well as any suggestions on how QuiQ HOSTING could improve service. The cancellation will take effect
immediately and the subscriber’s account will remain active until the
end of the subscription. Account resumption is possible with one click
from the same menu, in case you should redecide.
X. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature
that the service can be interrupted for many reasons other than the
negligence of QuiQ HOSTING and that damages resulting from any
interruption of service are impossible to ascertain. Therefore,
subscriber agrees that QuiQ HOSTING shall not be liable for any
damages arising from such causes beyond the direct and exclusive
control of QuiQ HOSTING. Subscriber further acknowledges that theQuiQ HOSTING’s liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber for
services during the period damages occurred. In no event shall QuiQ HOSTING be liable for any special or consequential damages, loss or
injury.
XI. Change of Nameservers
In cases of new hosting accounts or additions / modifications to hosted
domain names or any other cases which involve the change of nameservers
of a domain from other DNS servers to QuiQ HOSTING's DNS servers,
there may occasionally be a delay of several days, weeks or longer
depending on the accessibility of control options at the respective
registrar of the domain name registration. It is possible that if the
registrar (or the entity having control over the domain registration)
is not cooperative, the domain nameservers can not be changed at all.
Due to the unpredictable nature of the nameserver change process, no
guarantees are made regarding the amount of time a specific change may
take. On customer request, nameserver change of domain names is done by QuiQ HOSTING on behalf of the account holder. In such cases, a successful change of nameservers cannot be guaranteed
in any way or fashion as it solely depends on the accessability or
cooperation by the domain name registration’s registrar.

Use of QuiQ HOSTING services requires a certain level of knowledge
in the use of Internet languages, protocols, and software. This level
of knowledge varies depending on the anticipated use and desired
content of subscriber's website.
The subscriber
is responsible for programming and for uploading the website to our
servers. Website development, consulting, programming and debugging are
beyond the free hosting support services.
The
subscriber agrees that he or she has the necessary knowledge to create
and maintain their website and agrees that it is not the responsibility
of QuiQ HOSTING to provide this knowledge or service.
QuiQ HOSTING provides technical support for services only to its
subscribers. We limit our technical support to our area of expertise.
The following is our guideline when providing support:
QuiQ HOSTING provides support related to your service plan’s features’
physical functioning. QuiQ HOSTING does not provide technical
support for the subscriber’s customers.
The
only way to request technical support is to utilize the technical
support helpdesk options located within the QuiQ HOSTING control
panel, or by calling our 24/7 Toll-Free Phone Support, or by using our
24/7 LiveChat feature.
We
encourage you to check there first. Lastly, the "Quick Help" option in
the control panel you are using may have the answer to your question.
Please investigate these resources before contacting tech support.
If QuiQ HOSTING assigns a subscriber an IP address for use with the
subscription, the right to use that IP address shall belong only toQuiQ HOSTINGand the subscriber shall have no right to use that IP
address except as permitted by QuiQ HOSTING. QuiQ HOSTING shall
maintain and control ownership of all IP numbers and addresses that may
be assigned to subscribers by QuiQ HOSTING. QuiQ HOSTING reserves
the right to change or remove all such IP numbers and addresses in its
sole and absolute discretion, at any time.
B. Data Transfer and Disk Usage
Subscriber agrees that bandwidth and disk usage shall not exceed the
maximum number of megabytes per month for the service plan subscribed
by the customer (“Agreed Usage”). QuiQ HOSTING will monitor
subscriber’s bandwidth and disk usage. QuiQ HOSTING shall have the
right to take corrective action if subscriber’s bandwidth or disk usage
exceeds the Agreed Usage. Such corrective action may include the
assessment of additional charges, disconnection or discontinuance of
any and all services, or termination of this Agreement, which actions
may be taken is in QuiQ HOSTING's sole and absolute discretion, at
any time deemed necessary by QuiQ HOSTING. If QuiQ HOSTING takes
any corrective action under this section, subscriber shall be entitled
to a pro-rated refund of any fees paid in advance prior to such action.
In any cause, subscriber will be warned of approaching or exceeded
resource limits via email by QuiQ HOSTING’s automated notification
system.
C. System and Network Security
Subscribers or any network users are prohibited from violating or
attempting to violate the security of QuiQ HOSTING’s network or any
and all components there in. Violations of system or network security
may result in civil or criminal liability. QuiQ HOSTING will
investigate occurrences which may involve such violations and may
involve and cooperate with law enforcement authorities in prosecuting
subscribers who are involved in such violations. These violations
include, but are not limited to:
- Accessing data not intended for such subscriber or logging into a
server or account, which such subscriber is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without proper
authorization.
- Attempting to interfere with service to any
subscriber, host or network, including, without limitation, via means
of overloading, "flooding", "mail bombing" or "crashing."
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which subscriber is not entitled.
XIV. Notification of Violation
Subscribers
or any network users are prohibited from violating or attempting to
violate the security of QuiQ HOSTING’s network or any and all
components there in. Violations of system or network security may
result in civil or criminal liability. QuiQ HOSTING will investigate
occurrences which may involve such violations and may involve and
cooperate with law enforcement authorities in prosecuting subscribers
who are involved in such violations. These violations include, but are
not limited to:
- First violation:
Any Subscriber, which QuiQ HOSTING determines to have violated any
element of this TOS shall receive an email warning them of the
violation. Subscriber’s service is subject to a temporary suspension atQuiQ HOSTING's discretion pending a subscriber's agreement in
writing to refrain from any further violations.
- Second
violation: Subscribers, whom QuiQ HOSTING determines to have
committed a second violation of any element of this TOS shall be
subject to immediate suspension or termination of service without
further notice.
NOTE: QuiQ HOSTING reserves the right to drop the section of IP space involved
in SPAM or Denial-of-Service complaints if it is clear that the
offending activity is causing great harm to parties on the Internet. In
particular, if open relays are on your network or a customer's network
or if denial of service attacks are originating from your network. In
certain rare cases, we may have to do this before attempting to
contacting the subscriber. QuiQ HOSTING will contact the subscriber
as soon as it is feasible.
XV. Suspension of Service or Cancellation
QuiQ HOSTING reserves the right to suspend network access to any
subscriber if in the judgment of QuiQ HOSTING, the subscriber‘s
account is the source or target of a violation of any of the terms of
the TOS, or for any other reason which QuiQ HOSTING deems necessary.
If inappropriate activity is detected, all accounts of the subscriber
in question will be deactivated until our investigation is complete.
Prior notification to the subscriber is not assured. In extreme cases,
law enforcement will be contacted regarding the activity. The
subscriber may not be credited for the time the subscriber’s machines
were suspended if the subscriber is found to be at fault.
XVI. Miscellaneous Provisions
Subscriber
must provide QuiQ HOSTING real and current contact information at
all times. E-mail address, telephone and fax contacts are used, and in
that order of preference.
- QuiQ HOSTING takes no responsibility for any material placed on its
network by others. QuiQ HOSTING is not responsible for the content
of any other websites linked to. Links to other sites are provided as
Internet navigation tools only. QuiQ HOSTING disclaims any
responsibility for any inappropriate use and any liability to any
person or party for any other person or party's violation of this
policy.
- QuiQ HOSTING’s subscribers are not permitted to run IRC servers
- Furthermore,QuiQ HOSTINGreserves the right to, but is not obligated to, review
the content posted via the service and to refuse or remove any such
materials in its sole discretion, without notice at any time.
XVII. Disclosure to Law Enforcement
The TOS specifically prohibits the use of our service for illegal
activities. Therefore, subscriber agrees that QuiQ HOSTING may
disclose any and all subscriber information including assigned IP
numbers, account history, account use, etc. to any law enforcement
agency that requests such information, provided they posses the proper
court-approved warrant, without consent or notification to the
subscriber.

Each party (the “Indemnifying Party”) hereby indemnifies the other
party (the “Indemnified Party”), its officers, directors, employees and
agents, and agrees to defend and hold them harmless from and against
any and all liability, damage, loss or expense (including reasonable
attorneys fees) arising from any claim, demand, action or proceeding
based upon the alleged breach or untruthfulness of any of the
Indemnifying Party’s representations or warranties, or incurred in the
settlement or avoidance of any such claim, provided, however, that the
Indemnified Party shall give prompt notice to the Indemnifying Party of
the assertion of any such claims and provided further that Indemnifying
Party shall have the right to select counsel and control the defense
thereof, subject to right of the Indemnified Party to participate
therein.

If any provision of this TOS shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue
to be valid and enforceable. If a court finds that any provision of
this TOS is invalid or unenforceable, but that by limiting such
provision it would become valid and enforceable, then such provision
shall be deemed to be written, construed, and enforced as so limited.
This TOS is subject to the governing laws of the State of INDIA.
The subscriber is responsible for keeping a complete and current copy
of their website files as a backup on a remote system (not solely onQuiQ HOSTINGservers).
QuiQ HOSTING is NOT RESPONSIBLE for any lost files, information or data.
QuiQ HOSTING makes regular internal backups of internal system
configurations and databases. These backups are NOT intended for
keeping backups of subscriber websites.
Although QuiQ HOSTING backups may include subscriber sites and
information for disaster recovery purposes, these backups are not to be
relied on by the subscriber. QuiQ HOSTING does not guarantee to
possess the most current copy of a subscriber's website in its own
backups.
XXII. Non-Existing User Pages
QuiQ HOSTING reserves the right to supply content-enriched pages,
including but not limited to search engines, advertisements, directory
links, etc., for non-existent user pages that are served by QuiQ HOSTING to requesting sources. These pages include error pages (i.e.
404 Not Found), new account place-holder pages, unused domains and
suspended user sites.
All users of QuiQ HOSTING services have the option of creating their own error pages
and content pages. Unless created by the user, such pages will default
to the QuiQ HOSTING provided content.
XXIII.Violation of QuiQHostings Acceptable policy
Examples of what QuiQ HOSTiNG considers non-acceptable content and/or links to such::Pirated softwareBulk Email /Spam related products
Illegal Pornography/Nudity
Adult Content of any type (Accepted on our special server)
Warez/Adults/Cracked products forum/blog
Hacking/cracking related websites
Warez and/or copyrighted MP3s
Illegal material or material that is against public policy
Free Hosting of any kind
Game sites
Public Download Sites of any kind(computer applications,games,mobile apps)
Proxy Sites
Bulk File Storage and Streaming Audio/Video hosting
User Forums containing links to material that violates our TOS
Content or links to sites that are detrimental to public policy, health and welfare
No rapishare related scripts (accepted on our special server)
Resource Usage
User may not:
Use 21% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Abusing our staffs of any kind.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer on shared servers.
Run any software that interfaces with an IRC network.
Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers etc
Run cron entries with intervals of less than 15 minutes
Any abuse of our staff in any medium or format will result in the suspension or termination of your services as well as voiding any refund policies promised.

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