Qualserv Networks Terms of Service Agreement:

The sending of login information to a new account at Qualserv Networks shall constitute the beginning of the use of services provided by Qualserv Networks to the client regardless of whether or not client has paid for said services at any given time.

Full 99.9% Server and Local Network Up-time Guarantee:

A refund will be issued to any client affected by less than 99.9% up-time on a monthly basis.  A full or partial refund will be issued depending on the severity.  Partial refunds will be no less than half of an account's monthly payment.

The server and local network up-time is calculated by an off-network server operated by Qualserv Networks.  The up-time calculated for any given month will not include problems outside of the local network/data center.  For example, refunds will only be issued if the problem is world-wide and affects a majority of Qualserv Networks' clients.

Qualserv Networks will be the sole arbiter as to the exact amount of any refund.

30-Day Money Back Guarantee:

Qualserv Networks provides a 30-day money back guarantee for all web hosting and setup fees.  The Money Back Guarantee is subject to the conditions on that page.

Bandwidth/Data Transfer:

Qualserv Networks records and monitors all network traffic for your account.  This traffic includes, but is not limited to, your web, ftp, and email usage.  Bandwidth overage fees are  calculated by GB on a per incident basis.  Current pricing for overage bandwidth is $2 per GB.

It is Qualserv Network's responsibility to notify the client of any overage fees and provide the client with the following options.

a) Agree to pay the bandwidth overage fees at the end of the month.
b) Upgrade to the next level hosting plan
c) Cancel service and pay no additional bandwidth fees for the overage amount.
d) Suspend service until bandwidth usage is reset on the 1st of the month.

Failure to respond to a bandwidth overage notice within 48 hours will result in account suspension.  Clients that require bandwidth-on-demand should specify at the time of sign-up that they agree to all applicable bandwidth overage fees.

Mailing List and Email Restrictions:

Qualserv Networks does not limit client's usage of our mail servers in any way.  However, it may be requested that mailing lists are limited in the number of emails sent per hour if the mailing list is greater than 1,000 emails.

Static and Shared IP Addresses:

Qualserv Networks will assign all clients a shared Internet Protocol (IP) address for a client's web site.  A Static IP (unique ip address) will only be issued when it is required for a Personal SSL or Anonymous FTP server.  Additional fees will be charged per month for each Static IP address.  If justified, business accounts are provided with 1 Static IP free of charge.

Account Setup Fees:  All hosting plans have a minimal $5 setup fee.  The setup fee is refundable in the event of account cancellation per our 30-day money back guarantee policy.

Account Cancellation:  All web hosting and domain registration account cancellations must be made prior to the start of the next billing cycle using the Support Ticket System.  If client does not have access to the Support Ticket System, then cancellation requests should be made in writing to Qualserv Networks, 42 Brock Lane, Hackettstown, NJ 07840.

Account Refunds:

Refunds can only be issued under the 30-day money back guarantee policy.  Partial refunds in the event of an account cancellation for unused portions of a billing cycle will not be considered unless Qualserv Networks is at fault in providing the services offered.  Any such partial refunds will be considered on a case-by-case basis.

Qualserv Networks can not refund domain registration fees.  The client will be fully responsible for all domain registration fees regardless of client's web hosting status.

Restrictions On Content (Acceptable Use Policy):

• Unsolicited Email (Spam):
  Spamming, or the sending of unsolicited email, will result in the immediate termination and removal of the client's account.  This includes but is not limited to the following:
  a)  Spamming from a Qualserv Networks POP3 Account, Mail Server, or Script.
  b)  Referencing a site operated at Qualserv Networks within a spammed email.
• Email Advertising:
  The purchase or usage of a mailing list from a third-party site or service is prohibited unless prior permission is granted from Qualserv Networks..
  (To advertise in a mailing list, you must own or operate the mailing list under standard opt-in guidelines - poorly maintained lists will not be tolerated.)
• IRC Servers and Bots are strictly prohibited:
  Qualserv Networks does not allow Internet Relay Chat Servers or Bots to be operated on any accounts.  An alternative java/php-based chat room is offered in the control panel.
• Backup Archives of Copyrighted Material are prohibited.
  Using the web space offered by Qualserv Networks as an archive of files, sounds, or pictures not related to your site content is prohibited.  For example, you may not backup your personal computer on our servers.
• Background Running Programs (Ex. Cron Jobs):
  These programs are considered on a case-by-case basis and an extra charge may be incurred based on system resource usage and operational maintenance needed.
• Lawful Purposes Only
  Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material constitutes an illegal threat, or violates export control laws.
• Further Examples of Unacceptable content or links:
  - Pirated Software (copyrighted software)
  - Hacker Programs or Archives
  - Illegal pornography (child porn, copyrighted, etc.)
  - Illegal Mp3 files (copyrighted music)

Qualserv Networks will be the sole arbiter as to what constitutes a violation of this provision.  Sites found to contain (or contain links to) pirated software, illegal MP3s, hacking/hacker programs, or illegal pornography will be terminated immediately.  Any information or files on these accounts will be deleted and permanently removed.

Any administration fees resulting from an AUP violation will be billed and owed by the client.  Administration fees may range from $100 to $300 dollars per violation.

Affiliate Program Restrictions, Payout Policy, and Disclaimer

The affiliate program "clicks" refers to unique clicks to our site using the affiliate URL provided in the Affiliate Admin.  "Sign-ups" refers to affiliate referrals that result in a new client for Qualserv Networks.  All "clicks" and "sign-ups" must come from advertising done in good taste.  Qualserv Networks reserves the right to change or terminate the Affiliate payout rates at any time, without notice.

The affiliate program does not allow the following forms of advertisement.

1) Spam, pop-ups, or any other forced advertising method.
2) Any form of advertising deception that does not reflect our product accurately.
3) The listing of our service in web, email, or print material that you do not own or operate.  (Examples:  someone else's web hosting forums, search engines, newsletters, etc.)
4) You may only use the affiliate links for advertisement of our hosting services.
5) You may only advertise our service on sites written in English.

Payouts are made at the Affiliate member's request via the Affiliate Admin program.  Payouts are limited to a maximum of one payout per 30 days.  All payouts will be made via PayPal or credited towards a Qualserv Networks account unless a prior arrangement is made.

Qualserv Networks reserves the right to terminate or deduct funds at its discretion from an Affiliate's balance if advertising is done in bad taste.  Qualserv Networks will be the sole arbiter to all affiliate member payouts, deductions, and terminations.

Disclaimer - Limitation of Liability

Qualserv Networks cannot be held liable for system downtime, crashes, or data loss.  The client agrees to indemnify and hold harmless Qualserv Networks and its employees from any claims resulting from the use of the service which damages the client or any other party.

Refusal of Service:

Qualserv Networks reserves the right to refuse, cancel, or suspend service at its sole discretion.

NOTICE:  Acceptable Use Policy (AUP) violations will result in account cancellation/suspension without warning.  Qualserv Networks will work in a timely manner to resolve all issues.

FURTHERMORE, Qualserv Networks retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.