Terms and Conditions
1. Agreement. This is an agreement between you and Quexion, LLC (“Quexion”) regarding your use of Quexion’s web hosting, computer, interactive information, communication and transaction service on the Internet, bulletin boards, private networks and other communications services (the “Quexion Service”). This agreement governs the terms and conditions under which Quexion makes the Quexion Service available on the Internet, to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with the Quexion Web Hosting or similar service. Under this agreement, you must comply with Quexion’s then-current “Acceptable Use Policy,” as updated from time to time by Quexion, which can be viewed at “http://www.quexion.com/policy.html” which is incorporated in this agreement by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCEPTING SERVICES FROM QUEXION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND QUEXION’S ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE, YOU WILL NOT BE SIGNED UP TO USE THE QUEXION SERVICE.
2. Amendment. Quexion may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately upon either a posting on the Quexion Home Page, currently located at URL: “http://www.quexion.com/” , or by a message from Quexion sent by electronic mail, or by conventional mail. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in Section 11 below. However, if you do not terminate your registration, or continue to use the Quexion Service, following notice of any modification to this agreement, your continued use will mean that you have accepted that modification.
3. Disclaimer. The Quexion Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. QUEXION EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE QUEXION SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY QUEXION, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.
4. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by Quexion, neither Quexion nor any of its suppliers, licensor, or affiliates (“Affiliates”) operates or controls any information, products or services accessible through the Quexion Service in any way and that, except for such Quexion identified information, services or products, all merchandise, information and services offered or made available or accessible through the Quexion Service are offered or made available or accessible by third parties who are not affiliated with Quexion or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE QUEXION SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY QUEXION AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
5. Commerce on the Web. Through your use of the Quexion Service, you may have opportunities to sell, order and purchase merchandise or services from or to other subscribers to the Quexion Service and users of other communications outlets such as the Internet. You acknowledge that all transactions relating to any merchandise or services offered by any party other than Quexion (“Seller”), including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between Seller and/or Buyer and you. Quexion and its Affiliates make no warranties or representations whatsoever with regard to any goods or services provided or sold by any third party.
6. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL QUEXION, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE QUEXION SERVICE, including but not limited to reliance on any information obtained on the Quexion Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Quexion’s records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT QUEXION IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM QUEXION OR ITS AFFILIATES. You are aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that Quexion is not responsible for any damages caused by your decision to do so. Virus scanners may not be able to detect and repair all viruses and their variants. The terms of this Section will survive any termination of this agreement.
7. Charges. You are responsible for all charges (for example, ISP, telephone, dial-up or DSL or ISDN charges) associated with connecting to the Internet through an Internet Service Provider of your choice. You are responsible for all activities and charges resulting from use of the Quexion Service. You agree to pay Quexion the then-current monthly charges for the Quexion Service, along with any disk space and bandwidth charges, surcharges, applicable taxes and other charges incurred by you or other users of your account. You may find information regarding current rates for using the Quexion Service by calling (858) 573-9706 or visiting http://www.quexion.com. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that Quexion may pre-charge Customer’s monthly service fee to the credit card supplied by customer during registration.
8. Payment Obligations. Accounts are invoiced by the 1st of the month that Service is provided, and is payable FIFTEEN (15) DAYS FROM THE INVOICE DATE. If payment is not received within thirty (30) days of the due date, the account is in default and subject to suspension. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. Quexion reserves the right to increase fees, surcharges, and monthly subscription fees or to institute new fees at any time upon 30 days prior notice. Quexion may reduce any fees at any time without notice.
9. Suspension. In the event your account requires suspension, Quexion shall cease providing all Services, with or without notice, during which time Web Site hosting and/or any other services provided by Quexion shall be discontinued. Quexion shall no longer collect, store, and/or deliver any new or existing data for your account, including but not limited to files placed on Quexion equipment. Suspension does not relieve you from paying ongoing and/or past due charges. Account reactivation shall incur no less than a ten dollar ($10) service charge and may require more than twenty-four (24) hours before any Services are restored. Accounts suspended for more than thirty (30) days are subject to termination.
10. Bounced Checks. There is a returned check fee of $20 for all bounced checks.
11. Personal Information. You hereby certify to Quexion that you are not a minor. (A minor’s parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide Quexion with accurate, complete, and updated information required by the registration to the Quexion Service (“Member Registration Data”), including your legal name, address, telephone number(s), and applicable payment data. You must notify Quexion within 30 days of any changes in your Member Registration Data. Quexion may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer’s account.
12. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A Quexion Service account may not be transferred without prior written approval from Quexion. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the Quexion Service until you notify Quexion customer service at (858) 573-9706.
13. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE QUEXION SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. QUEXION AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
14. At-Will Termination. This agreement will become effective on the date Quexion receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. Quexion may immediately restrict, suspend or terminate without notice, your access to and use of the Quexion Service upon any breach of this agreement, include the then-current Acceptable Use Policy. Quexion may also terminate the agreement at any time for any reason or no reason, upon 10 days’ prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with Quexion for one year from the date of termination. Upon and after termination, Quexion will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Quexion in operating the Quexion Service, any change in the content of the Quexion Service, or any change in the amount or type of fees charged in connection with the Quexion Service, is to terminate this agreement by delivering notice to Quexion, effective the day Quexion receives notification of termination.
15. IP Addresses. If Quexion assigns you an Internet Protocol address for your use of the Quexion Service, the right to use that Internet Protocol address will belong only to Quexion, and you will have no right to use that Internet Protocol address except as allowed by Quexion in its sole discretion in connection with the plan you have selected, during the term of this agreement.
16. Electronic Mail. Quexion may, but is not obligated to, block any incoming or outgoing e-mail message that Quexion determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. Quexion shall not be responsible for lost, misdirected or undeliverable e-mail.
17. Indemnity. Upon request of Quexion, you shall defend, indemnify and hold harmless Quexion, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the Quexion Service, including without limitation any violation by you of Quexion’s Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.
18. Entire Agreement. This agreement constitutes the entire agreement between you and Quexion with respect to the Quexion Service and supersedes all prior agreements between you and Quexion. Quexion ‘s failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will 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 will remain in full force and effect.
19.Assignment and Resale. You may not resell the Quexion Service to any other party. You may not assign this agreement or any of its rights or obligations without the prior written consent of Quexion, and any such attempted assignment will be void. Subject to the above, this agreement will be binding upon the parties’ respective successors and permitted assigns.
20. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to Quexion: Quexion, LLC 4858 Mercury St. Suite 207 San Diego, CA 92111 firstname.lastname@example.org; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed e-mail.
21. Force Majeure. Quexion will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
22. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of California (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of San Diego County, California for any action arising out of or relating to your use of the Quexion Service. The federal and state courts of San Diego County, California will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this agreement.
Quexion, LLC Acceptable Use Policy
The Quexion Service allows you to host your Web site at Quexion. Access to this service may be done through a dial-up account from another provider or through a dedicated line such as ISDN, DSL, or Dedicated Access from another provider. Quexion does not provide dial up access.
To help us offer you the best service we can, we need to set some rules that everyone will follow. These policies are intended to make the Quexion Service available to all our customers as consistently and efficiently as possible. These policies are part of your terms of service agreement, and violating them means we can take appropriate action to restrict or terminate your Quexion Service.
1. User-Supplied Content. Through the Quexion Service, you may have access to post web or Internet materials (“Content”) and make that Content available to others. You must not submit, publish, or display on the Quexion Service any defamatory, inaccurate, abusive, obscene, infringing, or threatening Content, or Content that violates any federal, state, or local law. You are solely responsible for the Content you make available through the Quexion Service. Quexion is not obligated to monitor the Quexion Service to examine the Content available through it. You hereby acknowledge that if Quexion is made aware of Content that Quexion deems in its sole discretion to be unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Quexion has the right, but not the obligation, to edit, remove or deny access to such Content. Quexion may report to legal authorities any Content that is or is accused to be unlawful, and may disclose to such authority that you are the author of the Content.
Intellectual Property Rights. Material accessible to you through the Quexion Service may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except as expressly permitted by the owner of such rights, you must not use the Quexion Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material which your access or receive through the Quexion Service. If you use a domain name in connection with the service or similar service, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party.
2. Lawful Use. You must use the Quexion Service only strictly in accordance with all federal, state, and local laws, ordinances, and regulations. You may not use the Quexion Service to assist any other person or entity to violate any federal, state, or local laws, ordinances, or regulations.
3. Unsolicited Elecronic Mailings. You must not use the Quexion Service, Quexion ‘s equipment or any Quexion electronic mail address in connection with the sending of the same or substantially similar unsolicited electronic mail message, whether commercial or not, to more than one recipient on any given day. This prohibition extends to the sending of unsolicited mailings from another service which in any way implicates the use of the Quexion Service, Quexion’s equipment or any Quexion electronic mail address. For each day on which you violate this provision, you must pay Quexion $500 to compensate for the damages such a violation causes to Quexion’s good will. Quexion may waive all or a portion of this charge in the event it determines your violation was unintentional. Payment by you under this provision will not prevent Quexion from seeking additional legal remedies against you, including compensatory damages and/or an injunction.
4. Storage Capacity. Your storage space and bandwidth utilization on the Quexion Service must remain within the Storage Space and Bandwidth Allocations associated with the access plan you have selected. For Quexion Hosting and similar accounts, these allocations are set forth in the account plan selected. Additional storage space and bandwidth may be available at an additional charge. Please contact Quexion if you are interested.
5. Traffic and Hits. If you publish any Web page or site using Quexion, the usage of that Web page or site should be consistent with the hosting plan you have chosen, as set forth in the account plan selected during registration.
6. Third Party Rules, Licenses, and Terms of Service. Through the Quexion Service, you may have access to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. You must adhere to any such rules, guidelines, or agreements. In addition, if you use any software or data in connection with or through the Quexion Service, you must use that software or data in accordance with any applicable license agreements.
BY ACCEPTING SERVICES FROM QUEXION, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND QUEXION’S ACCEPTABLE USE POLICY. IF YOU DO NOT AGREE, YOU WILL NOT BE SIGNED UP TO USE THE QUEXION SERVICE.