Term and Payment for Services

This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide QuillHost with notice of termination or change in plan three (3) days prior to the end of the Initial Term or the Renewal Term. You must provide QuillHost with your notice of termination by opening a support ticket (the "Ticket") in the Client Extranet (the "Extranet") When opening the Ticket you must provide QuillHost with sufficient customer identification information so that QuillHost may properly identify you and your account. Any notice of termination will be effective following three (3) days after QuillHost's receipt thereof.

Termination Policy

If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) QuillHost will not refund to you any fees paid in advance of such termination, unless otherwise stated and (b) you shall be required to pay 100% of QuillHost's standard monthly charge for each month remaining in the term, unless otherwise expressly provided in this Agreement. Your termination request or notice must be submitted to QuillHost in the manner described above. Quillhost may terminate this Agreement at any time and for any reason by providing to you written notice five (5) days prior to the date of termination. If QuillHost terminates this Agreement, QuillHost will refund to you the pro-rated portion of pre-paid fees attributable to Services (excluding set-up fees) not yet rendered as of the termination date unless otherwise expressly provided in this Agreement.

Enforcement

QuillHost may investigate any reported or suspected violation of this Agreement or of the Acceptable Use Policy, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. QuillHost will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

QuillHost reserves the right to refuse or discontinue service to anyone at QuillHost's sole discretion. QuillHost may deny you access to all or part of the service without notice if you engage in any conduct or activities that QuillHost in its sole discretion believes violates any of the terms and conditions in this Agreement or of the Acceptable Use Policy. QuillHost 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 QuillHost 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. QuillHost 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. QuillHost also reserves the right to refuse refunds in cases where QuillHost believes abuse has taken place.

Public Nature

Please understand that all information submitted on your hosting account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.

No Service Warranty

QuillHost 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, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by QuillHost or its agents or employees shall create a warranty. QuillHost provides no warranty that the service will be uninterrupted or error free unless otherwise stated in our Service Level Agreement (SLA), or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall QuillHost 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 QuillHost service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.

Charges

You will pay all charges for your use of the Services at the then current QuillHost prices for that category of service or any special offer applicable to your account as determined by QuillHost. You are responsible for paying all federal, state, and local sales, use, value added, import/export, excise duty and any other taxes assessed with respect to the Services, other than taxes based on QuillHost net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney's fees of QuillHost.

Payments/Fees and Disputes

You will pay all charges for the first month of service in advance on the first day of the Initial Term. Establishment of this service is contingent upon receipt of payment from you to QuillHost. You will pay all subsequent charges for Services in advance on the anniversary day of each month. You authorize QuillHost to charge your credit or debit card, paypal account, or other electronic draft mechanism as approved by QuillHost, to pay for any charges that may apply to your account. You must notify QuillHost of any changes to your card account including applicable account number, billing address, registered phone number, or cancellation or expiration of the account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying QuillHost to suspend its performance and terminate this Agreement. If QuillHost terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term, if any, and any other amounts you owe to QuillHost under this Agreement. You are responsible for any costs that QuillHost incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.

All payments made are nonrefundable unless otherwise stated. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time that the dispute occurred. If you dispute a charge to your credit card QuillHost may, at it's sole discretion, terminate all services associated with your account, however, this will not relieve you of your obligations under this agreement.

Failure to Pay

The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve the Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. In the event of a material breech of this agreement due to non- or late payment of your services, all data, files, logs, and other information on or associated with your service will be, at QuillHost's sole discretion, deleted or otherwise destroyed. In no event will QuillHost be liable for preservation of data subsequent to you breeching this agreement.

Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 3 days past due. Service interrupted for nonpayment is subject to a reconnection charge of $5 for shared/reseller accounts and minimum fee of $10 with maximum of $50 for VPS/Dedicated Servers. Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by QuillHost will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than Fifty ($50.00) nor more than One Hundred, Fifty ($150.00)

Intellectual Property Rights

Your License Grant to QuillHost. You hereby grant to QuillHost a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to QuillHost a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

QuillHost Materials and Intellectual Property. All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by QuillHost or its suppliers or agents pursuant to this Agreement, and any know how, methodologies, equipment, or processes used by QuillHost to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of QuillHost or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by QuillHost during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.

You hereby grant to QuillHost a limited right to use your trademarks, if any, for the limited purpose of permitting QuillHost to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.

Indemnification and Exclsuion of Liability

You agree to indemnify, defend, and hold harmless QuillHost 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, QuillHost, 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.

Interruption Of Service

You hereby acknowledge and agree that QuillHost will not be liable for any temporary delay, outages or interruptions of the Services unless such outage or delay is covered by our Service Level Agreement. Further, QuillHost shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

QuillHost's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

QuillHost may modify this Agreement from time to time, your continued use of the Service shall be deemed to be your acceptance. If you do not agree to this Agreement, you must immediately stop using the Service.

QuillHost reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the QuillHost Web site (the "Site"). QuillHost may post changes or modifications to this document, the referenced Acceptable Use Policies and Service Level Agreement without notice to you. Your continued use of Services following QuillHost's posting of any changes or modifications will constitute your acceptance of such changes or modifications.

All prices listed on the site are in US Dollars($).

Last Updated on 11.16.2008