Terms & Services
General Terms of Service
These Terms of Service (the “Agreement”) are an agreement between Quinntechco.com – QTC Regency Inc (QTC) (“Quinntechco.com” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Quinntechco.com and of the Quinntechco.com.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
- By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Quinntechco.com is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Quinntechco.com contact page to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
- The Service and any data you provide to Quinntechco.com is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
- For all web hosting Services offered, Quinntechco.com act as a reller for these hosting services offered by Hostagtor.com Hostgator LLC. Hostgator.com Term of Service fully apply for all hosting services offered and sold by Quinntechco.com
Ad Preparation and Acceptance for All Placements
No Legal Review
QTC does not assume any obligations to perform legal review of Ads.
On request, QTC may assist Advertiser in preparing its Ads for publication (i.e., Google, Facebook, Instagram, Tik Tok, Pinterest, Nextdoor, or any other web ad or 3rd party). This assistance may include design, composition, text and artwork at QTC hourly rate. QTC retains all rights, including copyright, to all Ad layouts and other elements that represent the creative effort of QTC or contain material prepared by QTC. Advertiser shall not authorize photographic or other reproduction of any such Ad layout in any other publication without the express written consent of QTC. Advertiser remains solely responsible for the contents of the Ad(s) and for compliance with any laws regulating such advertising.
Submission of an Ad to QTC does not constitute a commitment by QTC to publish or distribute the Ad. QTC accepts an Ad only by publishing or distributing such Ad.
Ad Material Delivery
Failure of Advertiser to meet any deadlines may result in additional charges and changes in publication or distribution dates.
Advertiser shall be responsible for timely providing to QTC all Ad Material necessary for publication and distribution of the Ads, including all necessary artwork and/or digital files, the timing and formats of which may be more specifically set forth in the Order or in QTC’s media kit. In the event that all necessary materials are not received in time for the scheduled run date, and unless otherwise specifically instructed by Advertiser, QTC may, at its sole discretion, use artwork or other materials from previous Ads placed by Advertiser, if applicable. QTC will not be responsible for Ad Material that is not properly formatted or displayed or that cannot be accessed or viewed because it was not received by QTC in the proper form, in a timely manner, or in an acceptable technical quality for mobile or online publication.
Ad Materials that do not conform to the Order may result in a higher price. See Section Herein on Liability for Errors / Omissions / Cancellations.
QTC prohibits, and may postpone, cancel or otherwise return, any Ad Material that violates its advertising standards, including but not limited to advertising that violates applicable laws, promotes pornography, illegal goods, illegal drugs, illegal drug paraphernalia, pirated computer programs, and instructions on how to assemble or otherwise make bombs, grenades or other weapons.
Rejection and Alteration of Ads
To ensure the integrity of our publications and for the benefit of our readers and advertisers, QTC reserves the right to revise, reclassify, edit or reject any Ad Material or any portion thereof at any time. QTC at all times reserves the right to refuse to publish any Ad text or other content for any reason and regardless of whether any such Ad Material was previously accepted by QTC.
QTC reserves the right to alter any Ad Material in order for the material to conform to QTC’s current mechanical or technical specifications. The rates stated in the Order or rate card shall remain the same upon a reduction in the size of any Ad as long as the Ad maintains the same proportion of the entire page. Print rates are based on column inch size rather than actual published size, which may have shrinkage related to the printing process.
For print Ads, placement or location of advertising is not guaranteed. Any specific ad placement condition shall not be legally binding upon QTC but will be treated as a request only and QTC shall not be deemed in breach of this Agreement if it does not publish or distribute an Ad in a requested position.
Labeling of Ads
When, in the opinion of QTC, any Ad resembles news matter, such Ad shall be plainly designated as advertising by the word “Advertisement” or other such designation deemed appropriate by QTC.
Ad Preparation, Acceptance and Other Terms for Digital Ads Only
Delivery of Ad Material
For digital Ads, QTC will make final technical specifications electronically accessible to Advertiser at www.Tribuneinteractive.com/specs. If Ad Materials are delivered late, QTC is not required to guarantee full delivery of the IO. In cases in which the applicable IO is for share-of-voice placement or otherwise not for impression-based delivery, if the Ad Materials are not received by QTC in time for launch, then QTC may charge the Advertiser on the IO start date on a pro rata basis.
Rejection of Ads
QTC shall notify Advertiser when it rejects Ad Materials due to unsatisfactory technical quality, inappropriate content, or any other reason.
Replacement or Removal of Digital Advertising
Once submitted, Advertiser may replace or cancel creative copy for Ads only with 48 hours prior written notice to QTC.
If Advertising is based on a specified number of impressions (CPM), an impression will be counted according to QTC’s standard practices. Without limiting the foregoing, an impression will be counted whenever served by QTC, regardless of viewability, whether served to an end user or to an intermediate or third party ad server (“Third Party Ad Server”), and/or whenever QTC sends a request to a Third Party Ad Server to serve any Ad. Ads may include a link to Advertiser’s website by using the “back” button on their browser or any other standard means. In the event that advertising is preempted, QTC will substitute advertising of comparable value. Premium Lite products are sold with an impression delivery goal, but there is no guarantee that the goal will be met. In consideration for the discounted Premium Lite rate, Advertiser accepts and agrees that the number of impressions may range from 0% to 100% of the delivery goal.
Digital Third Party Ad Serving and Tracking
QTC will track delivery of impressions on its websites through its ad server and, provided that QTC has approved in writing a Third Party Ad Server to run on its properties, Third Party platform might provide tracking and reports. QTC can share these reports with advertiser or clients upon written request.
Digital Ownership and Ownership or Ads Accounts
As between the parties, QTC owns all right, title and interest in and to all content on the QTC websites or Ads placed on third party website or social media platforms (except for Ad Materials that is directly provided by advertiser or client) and all other content, html and code. QTC owns any Ads account it creates or develop to deliver and manage the Advertisers Ads. Nothing in this Agreement or otherwise precludes QTC from using any code, design, idea, concept or material used in connection with this Agreement on behalf of itself or any third party. QTC owns all right, title and interest in and to any data about users of its websites. Advertiser authorizes QTC to bring any claims QTC may in its reasonable discretion choose to pursue to prevent third party use of the content or data contained in any Advertising, without Advertiser’s consent.
Digital Collected Data Usage
Liability for Errors/Omissions/Cancellations
For All Placements
It is Advertiser’s responsibility to check for errors in its Ads before and after publication or distribution. Advertiser shall check the first appearance of Ads for correction and QTC shall be liable for only one incorrect publication or distribution. QTC shall not be liable for any error if, at QTC’s option, QTC subsequently publishes a corrected Ad. QTC’s liability for an error shall not exceed the cost of space occupied by the error.
QTC is not responsible for errors on copy received after deadline. QTC assumes no financial responsibility for typographical errors, or for omission of copy of Ads.
QTC is not responsible for errors involving Orders, cancellations or corrections given orally. Written or facsimile confirmation of Orders, cancellations or corrections must be received prior to QTC’s cancellation deadline. QTC will publish and distribute Ads and bill Advertiser for all Orders that are not canceled prior to the deadline. Advertiser may be subject to a cancellation charge when such cancellation results in production delays.
If QTC is unable to display any digital Ad for any reason, QTC shall at its option only provide substitute advertising of comparable value. Advertiser accepts and agrees that it will receive neither additional advertising nor a refund or have any other recourse in the event that QTC does not reach the delivery goal or does not deliver any impressions at all. Such remedies are Advertiser’s sole remedy for QTC’s failure to display Ads.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Quinntechco.com be held liable for any lost or missing data or files resulting from a transfer to or from Quinntechco.com. You are solely responsible for backing up your data in all circumstances.
- User Content
- You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Quinntechco.com that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Quinntechco.com a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Quinntechco.com does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
- Quinntechco.com exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Quinntechco.com’s computers, network hubs and points of presence or the Internet. Quinntechco.com does not monitor User Content. However, you acknowledge and agree that Quinntechco.com may, but is not obligated to, immediately take any corrective action in Quinntechco.com’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Quinntechco.com shall have no liability due to any corrective action that Quinntechco.com may take.
Third Party Products and Services
- Third Party Providers
Quinntechco.com may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Quinntechco.com does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Quinntechco.com is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
- Quinntechco.com as Reseller or Licensor
Quinntechco.com may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Quinntechco.com Products”). Quinntechco.com shall not be responsible for any changes in the Services that cause any Non-Quinntechco.com Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Quinntechco.com Products, either sold, licensed or provided by Quinntechco.com to you will not be deemed a breach of Quinntechco.com’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Quinntechco.com Product are limited to those rights extended to you by the manufacturer of such Non-Quinntechco.com Product. You are entitled to use any Non-Quinntechco.com Product supplied by Quinntechco.com only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Quinntechco.com Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Quinntechco.com Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
- Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Quinntechco.com (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
- Quinntechco.com as Reseller or Licensor
- Prohibited Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, Quinntechco.com also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
- Account Security and Quinntechco.com Systems.
- It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
- The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Quinntechco.com may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Quinntechco.com may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Quinntechco.com of an issue, we reserve the right to leave access to services disabled.
- Quinntechco.com reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
- HIPAA Disclaimer. We are not “HIPAA compliant.”
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Quinntechco.com does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Quinntechco.com is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected].
Compatibility with the Services
- You agree to cooperate fully with Quinntechco.com in connection with Quinntechco.com’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Quinntechco.com is not responsible for any delays due to your failure to timely perform your obligations.
- You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Quinntechco.com to provide the Services, which may be changed by Quinntechco.com from time to time in our sole discretion.
- You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Quinntechco.com does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Quinntechco.com of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Quinntechco.com’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
- Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Quinntechco.com may suspend or terminate your account and pursue the collection costs incurred by Quinntechco.com, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Quinntechco.com will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Quinntechco.com directly after you make a late payment to reactivate the dedicated server.
- Domain Payments.
It is solely your responsibility to notify Quinntechco.com’s Billing department after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Quinntechco.com is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Quinntechco.com may report any such misuse or fraudulent use, as determined in Quinntechco.com’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
- Invoice Disputes.
You have ninety (30) days to dispute any charge or payment processed by Quinntechco.com. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
- Payment Card Industry Security Standard Disclaimer.
Quinntechco.com complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. Quinntechco.com does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
- Payment on Additional Services.
Time required to make substantive changes to customer-submitted content after the web pages have been constructed, and services provided, could be additional, billed at $150/hour or at a mutually agreed additional flat fee.
Cancellations and Refunds
- No refunds will be provided
- Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Quinntechco.com’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
- Cancellation Process.
You may terminate or cancel the Services by giving Quinntechco.com written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Quinntechco.com may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” Quinntechco.com will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at:
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
It is your responsibility for any of your domain registrations and renewals
Quinntechco.com may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Quinntechco.com or others or cause Quinntechco.com or others to incur liability, as determined by Quinntechco.com in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Quinntechco.com shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Quinntechco.com may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
CPU, Bandwidth and Disk Usage
- Permitted CPU and Disk Usage.
All use of hosting space provided by Quinntechco.com is subject to the terms of this Agreement and the Acceptable Use Policy.
- Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Quinntechco.com expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Quinntechco.com may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Quinntechco.com’s terms and conditions.
- Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
- Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
- Uptime Guarantee.
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Quinntechco.com and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact our billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
- Price Change
Quinntechco.com reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Quinntechco.com through the user billing tool or through other methods of communication, including notices sent or posted by Quinntechco.com.
- Limitation of Liability
IN NO EVENT WILL QUINNTECHCO.COM ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF QUINNTECHCO.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUINNTECHCO.COM’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO QUINNTECHCO.COM FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless Quinntechco.com, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Quinntechco.com and will be held at the AAA location chosen by Quinntechco.com in Texas. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Quinntechco.com will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and Quinntechco.com alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Quinntechco.com in violation of this paragraph, you agree to pay Quinntechco.com’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
- Independent Contractor
Quinntechco.com and User are independent contractors and nothing contained in this Agreement places Quinntechco.com and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
- Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Quinntechco.com shall not be responsible for any damages your business may suffer. Quinntechco.com makes no warranties of any kind, expressed or implied for the Services. Quinntechco.com disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Quinntechco.com or our employees.
- Backups and Data Loss
Your use of the Services is at your sole risk. Hostgator.com’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Quinntechco.com’s sole discretion. Quinntechco.com does not maintain backups of dedicated accounts. Quinntechco.com is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Quinntechco.com’s servers.
- Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, QUINNTECHCO.COM AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. QUINNTECHCO.COM AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. QUINNTECHCO.COM AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
- Disclosure to Law Enforcement
Quinntechco.com may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
- Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
- Quinntechco.com may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Quinntechco.com website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
- Quinntechco.com reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or Quinntechco.com to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
- Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Quinntechco.com. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Quinntechco.com may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
- Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
- Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
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