TERMS OF SERVICE
Revised: 8/11/2004
Contents:
We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.
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Warranty Disclaimer
No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercize no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.
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Responsibility of Use
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.
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Limitation of Liability
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.
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Restrictions of Use
User understands that the following restrictions are applied to the service:
User May Not:
- Send SPAM, or unsolicited bulk email from Q5 Media's servers.
- Post offensive, threatening, or SPAM posts to newsgroups using Q5 Media addresses.
- Post or transmit viruses or any harmful component to others.
- Transmit via email or post to a Web site anything that is protected by copyright without permission.
- Attempt to violate the security of any computer network
- Engage in any illegal activity.
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Email Restrictions
- Web hosting/Email User may not send to more than 25 recipients at a time.*
- Web hosting/Email User may not attempt to send more than 200 emails per hour period.*
- User agrees that Q5 Media's SMTP is not an open relay.
- User may not send an email that is over 10 MB in size.
- User may not forge message headers to hide the origin of their email.
- Provider may block certain attachment types used in transmitting viruses.
- Provider may run a virus scanner on all mail and drop mail containing viruses.
- Email message box size will not exceed 100MB.
*These two terms do not apply to Arrow Hosted users.
Any account identified as sending unsolicited email is subject to immediate termination.
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Right to Cancel
We reserve the right to cancel service for any reason without prior notice. In the event that a user's service is cancelled by us for a reason outside of this TOS, we will refund any unused portion of any prepaid service beginning with the next calendar month at the time of cancellation. Q5 Media, LLC reserves the right to bill or withhold funds on deposit for any damages that result from violation of this agreement.
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System Backups
We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.
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Limited Confidentiality
Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.
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Privacy Policy
Q5 Media will not use or sell your email address or personal data to any 3rd party, with the exception that if Q5 Media sells the majority of its assets or business, it may provide this data to the purchaser of the business so that they can continue providing service to the Q5 Media endusers. See our extended Privacy Policy regarding email and information collection via the Web here.
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Billing Policy
Upon signup, the enduser will be billed for initial setup and then added to the billing cycle.
All recurring transactions take place on or near the 15th of the month. If the billing is declined, we will attempt a rebill between the 15th to the 30th and may continue to do so every few days for service. It is the End Users responsibility to make sure that Q5 Media always has the most up to date contact and billing information for their account. Under no circumstances will Q5 Media be liable for bank fees incurred by the User for Q5 Media attempting to charge for service. If the billing continues to be declined after 30 days the account may be subject to cancellation for non-payment.
Any billing disputes done through the bank will result in immediate cancellation of our Q5 Media account. Please redirect all billing disputes to our billing department (billing@q5media.com).
Refunds on SERVICES ONLY will be only given upon request in the first seven (7) days of service if the user states that they were not happy with the service provided and provides a reason for cancellation. For Q5 Media software products, please consult the corresponding product Web site.
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Cancellation Policy
You can cancel your service one of three ways:
Please include your name, address, return phone number, domain name, company name (if available), and email address as well as a request to cancel service and the date you want the cancellation to occur.
Accounts are billed on or near the 15th day of each month. Cancellations are processed at the end of each billing cycle. (ie. if you cancel on January 15th, your cancellation date would be the middle of February). We do not offer prorated refunds for service beyond the initial 7 day guarantee.
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Failure to Comply With Terms and Conditions
We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
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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.
Our failure to insist upon or enforce strict performance of any provisions 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.
We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.
This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.
In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and us with respect to the Service.
