This Terms of Service (“Agreement”) is a legally binding contract between qdsMedia (“qdsMedia”) and you (“CLIENT”, “YOU” or “YOUR”) that shall govern the purchase and use, in any manner, of the services provided by qdsMedia to CLIENT (collectively, the “Services”).
By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in the State of Washington.
If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a client of qdsMedia and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact qdsMedia to cancel your Services.
ACCEPTABLE USE POLICY
qdsMedia employs an Acceptable Use Policy to maintain the performance and integrity of our computer equipment. Breach of qdsMedia’s Acceptable Usage Policy may result in account suspension or termination without refund.
GENERAL ILLEGAL ACTIVITIES – qdsMedia does NOT permit any of its services or networks to be used for illegal purposes. These include, but are not limited to, unsolicited commercial email, public sharing of copyrighted material, and computer intrusion related activities. qdsMedia may remain the sole arbiter in what constitutes any of these activities except in limited circumstances including when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on qdsMedia. CLIENT acknowledges that participation in any of these activities will result in immediate termination without refund. qdsMedia may involve law enforcement authorities if it deems necessary.
CHILD PORNOGRAPHY – If qdsMedia discovers child pornography on any services provided to CLIENT, CLIENT’S account will be immediately terminated without refund. CLIENT’S personal details will be passed to law enforcement authorities and qdsMedia will assist fully with law enforcement authorities around the world to seek charges against CLIENT.
MALICIOUS ACTIVITES – qdsMedia does not permit any type of hacking, denial of service, distributed denial of service, sniffing, spoofing, password cracking or similar malicious activities to be performed on or by its network or services. qdsMedia may remain the sole arbiter in what constitutes any of these activities except in limited circumstances including when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on qdsMedia. CLIENT acknowledges that participation in any of these activities will result in immediate termination without refund. qdsMedia may involve law enforcement authorities if it deems necessary.
WEB HOSTING AND RESELLER HOSTING SERVICES – qdsMedia has strict resource usage restrictions on Web Hosting and Reseller Web Hosting Services. These are designed to maintain the integrity, security and performance of its web servers. Failure to abide by these restrictions may result in account suspension or termination without refund
No script or piece of software may use 25% or more of system resources for 60 seconds or longer
Running stand-alone, unattached server side processes/deamons is strictly prohibited
Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
Running any bit-torrent / P2P application is strictly prohibited
Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
Running of public file exchange services is strictly prohibited
Adult content is prohibited
qdsMedia maintains a ZERO tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk email, including unsolicited bulk or unsolicited commercial email, or the sending, assisting, or commissioning the transmission of commercial email that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
It is your obligation to ensure that email sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
You may not use any of our services or network to send SPAM. In addition, email sent, or caused to be sent, to or through our network or services may not:
Use or contain invalid or forged headers
Use or contain invalid or non-existent domain names
Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
Use other means of deceptive addressing
Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party
Contain false or misleading information in the subject line or otherwise contain false or misleading content
Fail to comply with additional technical standards described below
Otherwise violate qdsMedia’s Acceptable Use Policy, Anti-SPAM Policy, and Terms of Service
Customers suspected of using qdsMedia’s products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is qdsMedia’s policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
qdsMedia permits the collection of email addresses and/or personal information from or through its network on a strictly opt-in basis. qdsMedia does not authorize the automated harvesting, mining or collection of such information.
qdsMedia does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or any other service or network on the internet.
If qdsMedia believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. qdsMedia may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any email that violates this policy.
Violation of this policy, may result in civil and criminal penalties, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.
Failure to enforce this policy in every instance does not amount to a waiver of qdsMedia’s rights.