1.Our Services
In exchange for the fees you pay in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process.
The QuadRegal intends to provide the best possible web hosting service to each of its Customers. The QuadRegal is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, due to changing technologies, changing laws and the individual and collective needs of our Customers, The QuadRegal reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. All updates in Terms of Service of The QuadRegal can viewed in www.quadregal.com/tos/php.
2.Payment for Services
Customer agrees to pay all applicable fees for services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by The QuadRegal.com from time to time. Our services all operate on a pre-paid basis. This means you must pay for all services in advance.
If any charges are owing to us and are not fully paid we may restrict the right to suspend the use of our servers. You remain liable for the charges. You will have to pay any reasonable expenses (including solicitor and own client costs) we incur in collecting any money you owe us or in exercising any of our other legal rights.
1) 7 days past due- Control panel disabled
2) 15 days past due- E-mail services disabled.
3) 30 days past due - Hosting service completely disable.
3.Cancellation of Services
The QuadRegal provides a 30-day money back guarantee for new hosting account registrations. In order to cancel service, you must contact The QuadRegal’s sales team at sales@quadregal.com with proper payment details and account details. Please be aware that there are no pro-rated refunds after the first 30 days of service. Credit will be refunded for any period after 3 months, for example, if you have 6 months of prepaid credit left, you will be refunded 3 months'.Fees paid by Subscriber in connection with the purchase of SSL certificates, dedicated ips and domain names are nonrefundable. Hosting plans will automatically expire until a plan is renewed.
04. Our Responsibilities
We agree:
(a) To provide high performance Internet services to you;
(b) To be available during business hours by telephone for support and inquiries;
(c) To be available during business hours by email for support and inquiries;
(d) To correct all problems as soon as they occur;
(e) To provide an online summary of any scheduled, or unscheduled downtime, and to notify customers by email who wish to be notified;
(f) To respond as soon as we can to emergency support requests;
(g) To bill you correctly for the services you subscribe to; and
(h) To keep all software and systems up-to-date.
(i) We will make every attempt to retain nightly backups.
05. Your Responsibilities:
You agree:
(a) To provide us with correct contact details, and to keep them up-to-date; or
(b) To keep your private access details (usernames and passwords) confidential;
(c) To keep back-up copies of all files you publish to our servers;
(d) To download your mail regularly; and
(e) To not store mail on our server for longer than 30 days (or it may be removed without notice).
We prohibit the publication of the following content on our servers (including pictures, links, and text):
(a) Any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) Any material that is libellous or slanderous;
(c) Any material which is or contains anything obscene, pornographic, or offensive including links to such material; or (d) Distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.
5. Resource Usage Policy (In detail)
User may not:
Use 20% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 20% of the server resources and/or 20% of the server's CPU. This means that if your website is found to be utilizing more than 20% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your ?ite offline, but we accept no obligation to do so.
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated. The QuadRegal reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Viruses and Other Destructive Activities Use of QuadRegal's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use QuadRegal's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet
06. Retrieval of Access Details
If you lose your access details there are three things in the following order you can do:
(a) Request an automatic password re-send if available;
(b) Chat or email our support staff to re-send them to the address we have on record;
07. Changing Your Details
We provide you with the ability to update your contact details yourself through our online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.
08. Our Liability to You
As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that that Act does not apply to the services we provide you.
To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.
We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.
We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.
09. Resale of our Services
If you act as a reseller of any of our services, i.e. you bill your client for services you buy from us, you agree:
(a) There is no direct relationship between us and your client;
(b) You will not refer your customer to us for support services;
(c) You will make it clear to your client that you are the contact for all purposes; and
(d) This agreement also applies to your clients.
10. IP Addresses
The QuadRegal maintains control and any ownership of any and all IP numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses.
11. Governing Law and Severability
The TOS, and any other agreement for The QuadRegal, will be governed by and construed in accordance with the laws of the State of Kerala, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and quadregal will take place in Ernakulam, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other the QuadRegal agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Term of the Agreement
The term of this affiliate agreement will begin upon our acceptance of your affiliate program application, and will end when terminated by either involved party. Either party may terminate the affiliate relationship, with or without cause, by giving written notice of termination to the other. Notice of termination must be delivered to us by sending an e-mail to support [at] quadregal.com. Once terminated, you will not be eligible to receive commissions for any future referrals.
Minimum Age Requirement:
The QuadRegal customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a quadregal customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for quadregal services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains quadregal's express written consent to the contrary. Any acceptance of the TOS or any other agreement for quadregal's services will be deemed null and void to the extent that quadregal will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of quadregal's services. Disclaimer of Warranties
You may have noticed that up to this point these terms of service have been kind of easy to read and understand. But our lawyers tell us that this section, dealing in the disclaimer of warranties, has to retain its legalese style. Sorry about that. The QuadRegal Hosting Solutions PVT LTD. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. QuadRegal Hosting Solutions Pvt Ltd. MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. QuadRegal Hosting Solutions Pvt Ltd. DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you
Limitation of Liability
Here is another section that has to retain its legalese. Simply stated, what this section is saying is that if something goes wrong, The QuadRegal Hosting Solutions Pvt Ltd. cannot be held liable for it. IN NO EVENT SHALL QUADREGAL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF QuadRegal Hosting Solutions Pvt Ltd . HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for the services in dispute purchased from us, or, in the event of liability of The QuadRegal due to your enrollment in the affiliate program.
