Service Contract Qubic.Net is a Web Presence
Provider. User accounts on our Internet servers are subject
to compliance with the terms and conditions set forth below.
Under the terms of this agreement, your placement of information
on Qubic.Net's servers is an acknowledgement that you have
read and understood this agreement, and that you agree to
be bound by the terms and conditions below. If you do not
wish to be bound by these terms and conditions, you should
not proceed to place any information of any kind on Qubic.Net's
servers.
1. USER CONDUCT
Qubic.Net's services may only be used for lawful purposes.
Any use of these services which violates any local, state,
federal, or international laws which may apply to Qubic.Net,
your local jurisdiction, or any jurisdiction that you or your
site may be subject to is strictly prohibited.
While using the service, you may not:
A. Restrict or inhibit any other user from using and enjoying
the Internet;
B. Post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, offensive, indecent, pornographic,
profane, or otherwise objectionable information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate
any local, state, federal or international law, including
without limitation the U.S. export control laws and regulations,
and laws protecting intellectual property including copyright,
trademark, trade secret, misappropriation and anti-dilution
laws;
C. Post, publish, transmit, reproduce or distribute any
information or software which contains a virus or other
harmful component;
D. Post, publish, transmit, reproduce, distribute or in
any way exploit any information, software, or other material
obtained through the service for commercial purposes (other
than as expressly permitted by the provider of such information,
software, or other material);
2. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Qubic.Net
from any and all liability, penalties, losses, damages, costs,
expenses, attorneys' fees, causes of action or claims caused
by or resulting indirectly from your use of the service which
damages either you, Qubic.Net, or any other party or parties
without limitation or exception. This indemnification and
hold harmless agreement extends to all issues associated with
your account, including but not limited to domain name selection
and Web site content.
3. REFUSAL OR DISCONTINUANCE OF SERVICE
Qubic.Net reserves the right to refuse or discontinue service
to anyone at Qubic.Net's sole discretion. Qubic.Net may deny
you access to all or part of the service without notice if
you engage in any conduct or activities that Qubic.Net in
its sole discretion believes violates any of the terms and
conditions in this agreement. Qubic.Net shall have no responsibility
to notify any third-party providers of services, merchandise,
or information, nor any responsibility for any consequences
resulting from such discontinuance or lack of notification.
You agree that Qubic.Net has the right to monitor the service
electronically from time to time and to disclose any information
as necessary to satisfy the law, or to protect itself or its
subscribers. Qubic.Net reserves the right to refuse to post
or to remove any information or materials, in whole or in
part, that, in its sole discretion, are unacceptable, undesirable,
or in violation of this agreement.
4. NO WARRANTIES
Qubic.Net makes no warranties or representations of any kind
for the services being offered. The service is provided on
an "as is" and "as available" basis without
warranties of any kind, either express or implied, including
but not limited to warranties of title, noninfringement, or
implied warranties of merchantability or fitness for a particular
purpose. No advice or information given by Qubic.Net or its
agents or employees shall create a warranty. Qubic.Net provides
no warranty that the service will be uninterrupted or error
free or that any information, software or other material accessible
on the service is free from viruses or other harmful components.
Under no circumstances shall Qubic.Net be liable for any direct,
indirect, special, punitive, or consequential damages that
result in any way from your use of or inability to use the
service, or for third parties' use of the service to access
your Web space, or to access the Internet or any part thereof,
or your or any third parties' reliance on or use of information,
services, or merchandise provided on or through the service,
or that result from mistakes, omissions, interruptions, deletion
of files, errors, defects, delays in operation or transmission,
or any failure of performance. If you are dissatisfied with
Qubic.Net service or any of its terms, conditions, rules,
policies, guidelines, or practices, your sole and exclusive
remedy is to discontinue using the service.
You understand that by placing information on Qubic.Net's
servers that such information becomes available to all Internet
users and that Qubic.Net has no way of limiting or restricting
access to such information or protecting such information
from copyright infringement. You assume total responsibility
and risk for your use of Qubic.Net's servers and the Internet.
It is solely your responsibility to evaluate the accuracy,
completeness, and usefulness of all opinions, advice, services
and other information, and the quality and merchantability
of all merchandise provided through Qubic.Net or on the Internet
generally.
5. ECPA NOTICE
Qubic.Net reserves the right to monitor any and all communications
through or with our facilities. You agree that Qubic.Net is
not considered a "secure communications medium"
for the purposes of the ECPA, and that no expectation of privacy
is afforded.
6. IDENTIFICATION INFORMATION
You agree that you as the person legally responsible for
use of this account, are at least 18 years of age. You agree
to supply Qubic.Net with a current and truthful name, postal
address and telephone number for our records, and you have
a continued obligation to keep this information current. You
also agree that you are an authorized user of any credit card
that you supply to us and agree that we have an obligation
to fully investigate any possible fraudulent credit card use.
7. NO INTERFERENCE WITH OPERATION OF SYSTEM
You agree not to maliciously or intentionally interfere with
the proper operation of the system, including but not limited
to defeating identification procedures, obtaining access beyond
that which you are authorized for, and impairing the availability,
reliability, or quality of service for other customers. You
further agree not to interfere with the proper operation of
other systems reachable through the Internet, including any
attempt at unauthorized access. You agree to follow the Acceptable
Use Policy of any network or service you connect to.
You agree to adhere to system policies as published online
by Qubic.Net, including restrictions on services available
with each account type, restrictions on certain features,
and all other policies designed to protect and enhance the
quality and reliability of service at Qubic.Net. You agree
to abide by any and all future Qubic.Net policy decisions.
8. SECURITY
You agree that the security of your account is solely your
own responsibility. You further agree that if you believe
the security of your account has been compromised in any way,
you will notify Qubic.Net immediately in writing by registered
mail, with return receipt, to Qubic.Net, 676 Villa Vista Ave,
Lewisburg, Pennsylvania 17837. You shall be held fully responsible
for any misuse or compromise to your account for which Qubic.Net
is not properly notified. You agree not to provide or share
access to your account to any third party, and that you are
responsible for any use of your account by any party to whom
such access has been provided. You agree that certain features
of your account (e.g., FrontPage webs, additional FTP logins)
which may be used to provide shared access to your account
are not to be used to resell services to third parties, and
that you are responsible for the actions of any party which
utilizes those features. You agree that if any security violations
are believed to have occurred in association with your account,
Qubic.Net has the right to suspend access to the account pending
an investigation and resolution. You also agree that Qubic.Net
has the right to cooperate in any government or legal investigation
regarding any aspect of our services, including services sold
to you. Any use of our system to engage in software piracy
or other violations of law will result in account suspension
and will be immediately reported to the appropriate authorities.
9. BACKUP OF DATA
Your use of the service is at your sole risk. Qubic.Net is
not responsible for files and data residing on your account.
You agree to take full responsibility for files and data transferred
and to maintain all appropriate backup of files and data stored
on Qubic.Net servers.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising
or other harassing or illegal materials through electronic
mail, Usenet postings, or other Internet media. The use of
Qubic.Net or any other service with reference to services
obtained through Qubic.Net, for unsolicited mass mailings,
postings, or other activities considered an annoyance to others,
commonly referred to as "spamming" is strictly prohibited
and may cause your services to be terminated immediately and
without warning and you will be held fully responsible for
any damages to you, Qubic.Net, or any other party or parties
resulting from any such conduct.
11. PAYMENT
You agree to supply appropriate payment for the services
received from Qubic.Net, in advance of the time period during
which such services are provided. You agree that all setup
fees are non-refundable once setup is completed. You agree
that until and unless you notify Qubic.Net of your desire
to cancel any or all services received, those services will
be billed on a recurring basis. You agree that if you are
paying by credit card, prepayments will be billed and charged
automatically, and that Qubic.Net may apply the amount due
to the provided card at any time. Qubic.Net agrees that pro-rated
refunds for unused time periods will be provided upon request,
in the event of account termination.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral
communication you may have had with Qubic.Net or any agent
or representative thereof, and constitutes the complete and
total agreement between the parties.
13. SEVERABILITY
If any provision of this agreement is determined to be invalid
or unenforceable, all other provisions shall remain in full
force and effect and said provision shall be reformed only
to the extent necessary to make it enforceable.
14. APPLICABLE LAW, JURISDICTION, AND SERVICE
This agreement shall be governed by the applicable laws of
the State of California, USA and the United States of America.
Customer agrees that all services provided by Qubic.Net shall
be deemed to have been requested and provided in Santa Clara
County, California. Customer further agrees that the Court
of Santa Clara County, California shall have personal jurisdiction
over Customer and exclusive subject matter jurisdiction over
any and all controversies or claims arising from or relating
to this agreement or the services provided by Qubic.Net. Customer
agrees to accept service of process related to this agreement
by ordinary mail, postage prepaid, to the most recent address
provided by Customer.
15. ACKNOWLEDGEMENT
By placing and continuing to maintain or place information
on Qubic.Net's servers you are stating and acknowledging that
you have read the aforementioned terms and conditions and
that you understand such terms and conditions and agree to
be bound by them.
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