Quik Web Design Conditions for Hosting and/or Internet Access.
Please print a copy of these Terms and Conditions for your records.
Subscriber’sreceipt of services constitutes Subscriber’s acceptance of and agreement to all terms and conditions of this Agreement.
Our Subscribers agree to follow these policies regarding Internet use.
Currently these policies prohibit
1. Any use which violates any applicable local, state, or federal law of the United States of America, including but not limited to copyright, trade secret, or criminal laws.2. Any use which interferes with or disrupts the network or its users, services or equipment, including distribution of SPAM, distribution of bulk mailing, distribution of unsolicited advertising, harassment of others, posting or mailing pornography, or propagation of computer worms or viruses.
3. Any use to make unauthorized entry to other computers, computer information, or communication devices or resources.
4. Uploading files without the consent of the copyright or patent owner. Software intended to facilitate any such violations or infringements may not be stored on Quik Website Design & Consulting Inc. (hereafter referred t aas Quik Web Design) equipment.
Should any action by any subscriber in violation of these limitations or policies result in a disruption or interference with Quik Web Design’s network operation, the subscriber will be disconnected from further service without further recourse, financial or otherwise.
Currently these policies require
1. Payment in advance is required for all plans and is due by the anniversary of their signup date for the next period of service. Monthly, quarterly, semiannual, and annual payment plans are available. Monthly Service Fees must be paid on a timely basis to maintain Subscriber’s subscription privileges. Monthly Service Fees charges will continue regardless of your use unless and until you notify us in writing that you wish to cancel your subscription, which you may do at any time, unless bound by a specific term or agreement. Payment of the outstanding balance is due in full each month. Failure to use the service does not relieve the Subscriber of payment obligations, except as specifically provided in this contract. Personal accounts that are 30 days late on their payments will be assessed a late fee of $10.00. Business accounts that are 30 days past due will be assessed a $30.00 late fee.
2. Quarterly, semiannual, nine month and yearly prepaid plans are available at discount rates. Quik Web Design retains the right to refuse refunds based on early termination. Early terminations wil be subject to a disconnect fee of up to $50 in addition to any reduced fees accumulated during the payment period.
3. If a payment for any monthly, quarterly, semiannual, or annual plans is 30 days or more past due, the payment will be applied to all outstanding balances and late fees first. The standard monthly rate in effect will be applied on all late payments first, then the late fees. Any remaining balance will be applied towards the next month’s payment at the standard monthly rate. Quarterly, semiannual, and annual plans are discounted from the standard monthly rate if the payment is received within 30 days of the plan due date. If you send us checks or money orders marked “payment in full” or otherwise labeled with restrictive endorsements, Quik Web Design can, but is not required to, accept them, without losing any of our rights to collect all amounts owed by the Subscriber under this agreement.
4. A $30.00 returned check fee will be assessed for returned checks. A $10.00 fee for declined credit cards will be assessed for declined credit card payments.
5. In addition to any price specified herein, the Subscriber shall pay the gross amount of any present or future sales, use, excise, value added or other similar taxes applicable to the price, sales or delivery of any products or services furnished here under.
6. Services paid in advance shall not be refunded. Subscriber will have service available for the duration of their billing period for as long as they have a zero or negative balance on their account. Service may be interrupted or cancelled anytime a positive balance accrues on Subscriber’s account and or is overdue by greater than 30 days.
7. From time to time, Quik Web Design may offer a special trial period during which the Subscriber may terminate their subscription without incurring any costs. It is the responsibility of the Subscriber to contact Quik Web Design before the end of the trial period and receive verification that termination has occurred. Failure to use the account(s) does not constitute termination.
8. Quik Web Design offers credit to Subscribers who refer additional Subscribers who sign up for one of Quik’s accounts. The new subscribers signing up must mention at the time of sign-up the login name or proper name of the Subscriber who referred them. The referring subscribers account must be current in order to receive the referral credit.
9. Quik Web Design may change any fee, rate, or package upon 30 days notice.
10. Quik Web Design reserves the right to change without notice the Quik Web Design service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered.
11. Quik Web Design reserves the right to delete Subscriber’s personal files after one or both parties terminates agreement. It is the responsibility of the subscriber to keep regular back-ups of such files.
12. Quik Web Design reserves the right to collect damages (software, hardware & man hours) if any harm is done to Quik Web Design programs or equipment which requires repair or reconfiguration of any kind.
13. The benefits or rights conferred by this agreement are nontransferable. Use of Quik Web Design accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living or working at the same address. Multiple logins from the same subscriber at the same time are prohibited. An additional charge will be applied to a subscriber who initiates multiple logins.
14. Quik Web Design has every intention to keep all aspects of subscriber accounts private, but it is impossible for Quik Web Design to guarantee that any activity done while using it’s service will be completely private. Subscribers can increase their level of privacy by using data encryption. Privacy is not guaranteed. Subscribers are responsible for all use of their accounts. Change your password often to enhance security and prevent unauthorized use of your account. Quik Web Design will suspend access or change access to Subscriber’s account(s) immediately upon notification by the Subscriber that his her password has been lost, stolen or otherwise compromised.
15. Users under 18 years of age may not apply for this service without parental approval.
16. Subscribers specifically agree to defend, indemnify, and hold harmless Quik Web Design, it’s agents, officers, directors, employees, successors, and assignees, from any claim, loss, or damage, including costs and attorney fees, arising out of or related to any act of omission of the Subscriber under this agreement, including without limitation the Subscribers causation of such damages or injury, directly or indirectly, to any party.
17. This agreement shall be controlled by the laws of the state of Virginia Beach, Virginia Beach courts shall have jurisdiction over this agreement, and any litigation hereunder shall, be tried in the state of Virginia.
18. The subscriber shall provide all equipment and telephone services necessary for modem access to the dialup internet service. Quik Web Design shall not have responsibility for any charges or tariffs related to any subscriber telephone connection or on-line service of any entity accessed by or for the subscriber.
19. Communication systems are subject to degradation of service from such phenomena as line noise, interference and other causes beyond the reasonable control of Quik Web Design.
20. This agreement shall continue from billing period to billing period until terminated as provided herein. In some circumstances accounts may be due on dates other than the sign-on anniversary date. In that event the fee for the first partial month will be prorated.
21. Quik Web Design may suspend service at any time, for any or no reason, upon notice. No notice shall be required in the event of non-payment or violation of these provisions. (Refund, if any, is due within 45 days of notice. Refunds will not be prorated for the current billing period if the termination occurs during a billing period.)
22. Subscribers may terminate services upon notification of Quik Web Design. Termination will only be at the Subscribers request if the Subscriber is not under the age of 18. Legal Guardians of Subscribers under the age of 18 may terminate the account of Subscribers under 18. Notification must be made by U.S. mail to Quik Web Design, 3700 Shore Dr. Suite #102, Virginia Beach, VA 23455 or email:
email@example.com or faxed to 509-267-1908. Services will be terminated at the date of the Subscriber’s request. If no date is provided, termination will be at the discretion of Quik Web Design, but not prolonged to incur an additional billing period. In the event of termination of service, the Subscriber is responsible for the full current month’s charges. There will be no refund of activation fees upon termination by either the Subscriber or Quik Web Design. Any account balance remaining must be paid in full within 10 business days of account termination to avoid legal action and reporting to respective credit agencies. Accounts that are past due at the time of termination will be assessed a $30.00 disconnect fee.
23. Subscribers understand and agree that Quik Web Design does not extend credit to subscribers and that any charges or fees assessed for late payments, returned payments, disconnect fees, and reactivation fees are not interest charges. You understand and agree that all such fees are as prescribed by law are reasonably related to the actual expense Quik Web Design incurs or is required to expend as a result of late payment or non-payment for any of the Quik Web Design services ordered by the subscriber. In the case of late payment or non-payment for any Quik Web Design services ordered by the Subscriber, Subscribers understand and agree that Quik Web Design may report such late payment or non-payment to the appropriate credit reporting agencies.
24. Deposits will be required if subscriber’s service is inactivated because the subscriber did not submit his/her payment on time or any other reason, in addition to payment of past due amounts, including the disconnect fee, Quik Web Design may require a deposit before reactivating the subscriber’s Internet service. Amounts deposited by you will appear on your statement as credits, and Internet service charges will be deducted each billing cycle from the deposit amount. Deposit shall not earn or accrue interest.
25. All amounts, including late fees, may be sent to a collection agency for collection if not paid within 10 days of termination. In the event that any account is sent to a collection agency, the Subscriber may be liable for reasonable collection fees and legal fees if any. Quik Web Design may assign this order, its rights here under and its ownership of said service and commitment at anytime without notice.
26. The Subscriber understands and agrees that the Internet is a conglomeration of on-line data bases operated by distinct entities having no business or legal relationship to Quik Web Design. Quik Web Design does not have significant input as to the content of Internet data accessed via the service. Subscribers are solely responsible for any value or reliance it places on information obtained via the Internet or this service. Information derived as a result of this agreement is provided “AS IS” and at the subscribers own risk.
27. The only warranty from Quik Web Design, which is subject to the terms and conditions of this agreement, is to provide Subscribers with access to the Internet, email, and Internet website hosting. Quik Web Design service is provided on an as is, as available basis. No warranties, Expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Quik Web Design or any information or software therein. This in no way includes any reimbursement for losses of income due to disruption of service by Quik Web Design or its providers. Quik Web Design makes no other warranties, either express or implied.
28. The Subscriber specifically agrees that, in no event, shall any liability accrue to Quik Web Design as a result of this agreement in excess of the subscriber’s monthly fee of any single month during which any claim of liability arose. The Subscriber agrees that the American Arbitration Association will arbitrate all claims of liability.
29. Upon request, Quik Web Design will provide software for basic Internet access. Quik Web Design can make suggestions about other useful software to use with a Subscribers Internet service. Other companies develop the software. Quik Web Design may not be held liable for the use of any such software. All such use is at the discretion of the Subscriber and is without warranty, either express or implied by Quik Web Design.
30. Quik Web Design may modify these terms and conditions via Quik Web Design ‘s web site or via e-mail. Subscriber’s use of Quik Web Design services after such notice shall constitute Subscriber’s acceptance of the modifications to this Agreement.
31. Non-enforcement of any section of this Agreement does not constitute consent and Quik Web Design reserves the right to enforce this Agreement in full or part at its sole discretion.
32. If any one or more paragraphs in this Agreement is found to be unenforceable or invalid for any reason, Subscriber’s and Quik Web Design’s agreement on all other paragraphs shall remain valid.