Terms of Service

You must comply with our Terms of Service AND Acceptable Use Policy (AUP)

By signing up with QTH Hosting, you agree to the Terms of Service below.

This policy represents the QTH Hosting Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with QTH Hosting. QTH Hosting reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notice to customers.

Customers using any services offered by QTH Hosting consent to be bound by and must comply with all policies in this TOS. At the sole discretion of QTH Hosting, any violators of this TOS may have their services canceled without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions

In consideration for QTH Hosting maintaining one or more accounts (each "Account"), you agree to the following terms of service.

Definitions

"We" "Us" "QTH Hosting" or "Provider"
QTH Hosting

"You" "Your" "Client" "Customer" "Member" or "Subscriber"
Each person or entity that applies for Internet service or is a designate of any one who applies for Internet service.

Disclaimer of Warranty

The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, QTH Hosting offers a 99.5% network uptime guarantee. This is valid for only the connection. QTH Hosting will pursue all resources and channels available to maintain maximum uptime; however, QTH Hosting is not responsible for any down time caused by client's error.

QTH Hosting MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON A "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 QTH Hosting or its agents or employees shall create a warranty. QTH Hosting 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 QTH Hosting 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 QTH Hosting 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 QTH Hosting's servers that such information becomes available to all Internet users and that QTH Hosting 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 QTH Hosting'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 QTH Hosting or on the Internet generally.

Your use of the service is at your sole risk. QTH Hosting 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 QTH Hosting servers.

You agree not to interfere with the operation of the system. 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 adhere to system policies as published by QTH Hosting, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future QTH Hosting policy decisions.

QTH Hosting reserves the right to monitor any and all communications through or with our facilities.

You agree to indemnify, defend, and hold harmless QTH Hosting 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, QTH Hosting, 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.

Services provided by QTH Hosting

QTH Hosting will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows QTH Hosting members to maintain Internet websites, receive and maintain email accounts and access web space via FTP to upload files for their websites. QTH Hosting members will use the provided services in a manner consistent with any and all applicable laws of the State of Wisconsin and United States Federal Law. QTH Hosting provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. If any of the below activities are committed, QTH Hosting can terminate client's account without notification.

Client Content: Client agrees that web pages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of QTH Hosting or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to QTH Hosting or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, any site with adult-oriented content, including but not limited to any pornographic material. QTH Hosting will be the sole and final arbiter as to what constitutes a violation of this policy. QTH Hosting does not normally monitor the contents of clients servers, however if suspicion occurs, QTH Hosting reserves the right to investigate and terminate the clients subscription to the service.

Bandwidth Usage: QTH Hosting offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days may automatically be suspended, at our discretion, until the cycle is reset. You can request that your site be allowed to go over your bandwidth limit, however, a per GB overage charge may be applied to your account (see our web site at https://qthhosting.com for current bandwidth charges). You can upgrade your plan within seven (7) days of the end of the month to avoid bandwidth overages.

Excessive Resource Usage Policy: *Applies to virtual accounts. Resources are defined as bandwidth and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolizes the resources available using 10% or more of system resources for longer than 30 seconds. There are numerous problems that could cause such problems, this includes: CGI scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our dedicated server packages. QTH Hosting will be the sole and final arbiter as to what constitutes a violation of this policy.

Upstream AUP Violation: Accounts that house insecure scripts which result in an upstream AUP violation will be charged a one time fee of $19.95 for cleanup and reactivation. If your account causes a second upstream AUP violation as a result of the same script, your account will then be subject to termination at the discretion of QTH Hosting.

No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a QTH Hosting server is not tolerated. This includes any email that promotes web sites hosted on a server located on the QTH Hosting network but is sent from an email address not associated with that QTH Hosting account. Client shall not use their QTH Hosting services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. QTH Hosting reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $500 clean up fee if an account was suspended for policy violation.

False Information: You agree that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply QTH Hosting 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 you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use and prosecute if wrong doing is found.

Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Sharing of account space & resale restrictions: You agree and understand that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You understand that as a reseller, you are the individual solely responsible for all use of the account.

Abusive behavior against staff: We believe in professional communication, no matter what the issue is. We will not tolerate any abusive behavior, abusive language or threats against any QTH Hosting staff member(s). By violating this policy, we reserve the right to permanently suspend or terminate your account(s) without prior notice and without any refund. QTH Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion and without notice. QTH Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

Back-Up Files: We perform routine daily backups of all users' data. QTH Hosting is not responsible for any user's data and all user's are encouraged to perform their own daily backups. If a user experiences data loss due to their own doing, QTH Hosting reserves the right to charge a one-time $19.95 data restoration fee per incident that requires a restore of backup to the user's account.

Domain Name Services & Registration

As part of the hosting plans, a domain registration service can be obtained. QTH Hosting will utilize the registration systems provide by eNom, Inc. Your domain name usage will be governed by the Terms and Conditions set forth by this third party. Please review the eNom domain registration agreement and uniform domain name dispute resolution policy set forth by ICANN. It is the customer's responsibility to check these agreements on a regular basis.

Payment, Renewal, Cancellations

Payment Obligations: Full payment is required in advance before hosting service is established. QTH Hosting send invoices to the customer that are due every pay period. You are given twenty-one (21) days to fully pay the invoice. If you have a credit card on file and have subscribed for automatic payment, your credit card will automatically be charged each renewal period unless cancelled. You warrant and represent that the information you supply in the Order Form (or other information that QTH Hosting may require) is accurate and truthful. All payment-due notices will be sent by email. No bills or invoices will be sent by postal mail or fax. If payment is not received by the due-date, your account may be suspended. To have your account re-established, you will need to pay the hosting fees due, plus a $25 re-connect fee, at our discretion. QTH Hosting reserves the right to charge a $35 fee for bounced checks and a $45 processing fee for illegitimate charge backs.

Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to QTH Hosting before the renewal date that you do not wish to renew such account. See below for our No Questions Asked Money-Back Guarantee.

Cancellation & Refunds: In the event you cancel your service, any unused hosting fees can be refunded, if requested, per our No Questions Asked Money-Back Guarantee offer. NOTE: If the original payment was made with PayPal or credit card, the transaction and processing fees will not be refunded. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. QTH Hosting reserves the right to charge a $45 administrative fee for any illegitimate charge backs placed against us. Any illegitimate charge backs or threatened illegitimate charge backs are grounds for immediate account cancellation. Payments made for domain registrations, renewals, transfers and upgrades are non refundable.

99.5% Network Service Level Agreement "SLA", all accounts

QTH Hosting offers its clients a 99.5% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. QTH Hosting will try to maintain maximum uptime. QTH Hosting is not responsible for any downtime caused by the client.

In the rare event that QTH Hosting does not achieve our advertised 99.5% Network Uptime for any given month, by request, we will refund 5% of your monthly bill for each half hour of downtime past 99.5%.

Scheduled network maintenance downtime or downtime resulting from upstream AUP violations is not covered by the SLA. To redeem SLA credit you must contact us in writing within 10 days of the end of the month, send any SLA correspondence to QTH Hosting Support.

No Questions Asked Money-Back Guarantee

If you are not satisfied with your web hosting services from QTH Hosting, we would be happy to assist you with a refund of your web hosting fees, as follows:

First 30 days: All web hosting fees refunded.
After 30 days: Any unused web hosting that you have paid for will be refunded fully. For example, if you paid $59.40 for a year of hosting and cancel after 9 months, you would receive a $14.85 refund (3 months worth of unused hosting = $14.85)

Please Note:

The refund can be provided as a credit toward other services, or we can process a refund back to your credit card or your PayPal account (your choice). If you don't let us know your preference, we will apply the refund as a credit toward other services.
If your payment was made by PayPal or Credit/Debit Card, the transaction and processing fees (currently 2.9% + 30 cents per transaction) will not be refundable.
Refunds are absolutely not available for domain name registrations, renewals or transfers. We are unable to get a refund back from the domain registrar, so we are unable to provide a refund to you.

If you have any questions regarding our Money-Back Guarantee, feel free to Contact Us.

"Unlimited" Usage Policies and Definitions

QTH Hosting offers "Unlimited" disk space and bandwidth as part of its Best Value web hosting package.

What "Unlimited" means. QTH Hosting does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, QTH Hosting makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

What "Unlimited" DOES NOT mean. QTH Hosting employs complex mechanisms to protect its Subscribers and systems from abuse. QTH Hosting's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers. QTH Hosting's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. QTH Hosting's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server. QTH Hosting will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, QTH Hosting does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until QTH Hosting can evaluate said sites resource needs.

Unlimited Hosting Space; excessive MySQL files. QTH Hosting does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does QTH Hosting charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the QTH Hosting service is designed to host websites. QTH Hosting does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. QTH Hosting may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.

Unlimited File Transfer (aka Bandwidth). QTH Hosting does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does QTH Hosting charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, QTH Hosting reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.

Unlimited Domain Hosting. QTH Hosting does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account. However, QTH Hosting reserves the right to limit the amount of domains where it is necessary to prevent negatively impacting other Subscribers.

Company Contact Information:

DigiSage, Inc. DBA QTH Hosting
P.O. Box 3636
La Crosse, WI 54602-3636
United States