This policy represents the Qiwi Trails Terms of Service ("TOS") in
its entirety and supersedes any other written or oral policy. This
policy defines the terms of service all Qiwi Trails customers agree to
when they sign-up for any of the Qiwi Trails web site hosting services.
Qiwi Trails reserves the exclusive right to change, amend or revise any
portion of this TOS policy at any time, with or without written notice
to our customers. Customers using any services offered by Qiwi
Trails agree to be obligated by, and must comply with, all policies in
this TOS or must otherwise opt out of and cancel their web hosting
service with Qiwi Trails. Qiwi Trails retains the sole discretion to
make judgment regarding any violation by any Qiwi Trails customer and
may take action against any customer deemed to be in violation of these
terms including the cancellation of any customer’s services without
refund and/or, if deemed appropriate, be legally prosecuted.
In consideration for Qiwi Trails maintaining one or more accounts (each
"Account"), you, as the Qiwi Trails customer, agree to the following
terms of service.
"We" "Us" or "Provider" or "Qiwi Trails." .Qiwitrails.com.
"You" "Your" "Client" "Customer" or "Member" - Each person or
entity who applies for internet service or is a designate of anyone
who applies for internet service.
Disclaimer of Warranty
The Internet and web site hosting relies on a complex network of
hardware, software, network services and providers of information. Due
to the need for an aggregate of all of these providers and service
companies working properly not all services may be available to you at
Qiwi Trails however, offers a 99.9% uptime
guarantee. This is valid for only the Qiwi Trails servers and our
primary co-location internet connection. Qiwi Trails shall pursue
partnerships with all tier-1 resource and channel available to maintain
maximum uptime, however, Qiwi Trails is not responsible for any down
time caused by any provider’s hardware or network malfunction which is
outside of Qiwi Trails’ capability to directly correct. Qiwi Trails
clients are diverse and their web sites and the function of those web
sites are diverse and Qiwi Trails cannot be held responsible for any
service interruption due to client's error, including but not limited to
spamming, the target of a DDOS attack, or any other internet or cyber
QIWI TRAILS MAKES NO EXPRESS OR IMPLIED WARRANTIES
(INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE
SERVICES IT PROVIDES. Neither Qiwi Trails nor anyone else involved in
the provision of Service is liable to you or any third-party for direct
or indirect damages resulting from the use, non-use of services provided
herein, whether or not such damages resulted from the negligence of
Qiwi Trails, even if Qiwi Trails has been advised to the possibility of
Limitation of Liability
IN NO EVENT SHALL QIWI TRAILS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE
CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN
RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE QIWI TRAILS.
SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF QIWI TRAILS.
SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF QIWI TRAILS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL QIWI
TRAILS. MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO QIWI
TRAILS FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE
EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, QIWI TRAILS. LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW
You agree to indemnify, defend and hold QIWI TRAILS and its affiliates,
directors, officers, employees and agents harmless from and against any
liabilities, losses, damages or costs, including reasonable attorneys'
fees, resulting from any third-party claim, action, dispute or demand
related to your use of the Services, your violation of any of the
provisions of this Agreement or from your placement or transmission of
any materials or content onto QIWI TRAILS’ servers. Such liabilities may
include, but are not limited to, those arising from the following: (a)
with respect to your business, (i) infringement or misappropriation of
any intellectual property rights; (ii) defamation, libel, slander,
obscenity, pornography, or violation of the rights of privacy or
publicity; or (iii) spamming, or any other offensive, harassing or
illegal conduct or violation of the acceptable uses described herein or
anti-spam policy; (b) any damage or destruction to QIWI TRAILS’
equipment or to any other accountholder, which damage is caused by or
otherwise results from acts or omissions by you, your representative(s)
or your designees; (c) any personal injury or property damage arising
out of your activities related to the Services, unless such injury or
property damage is caused solely by QIWI TRAILS’ gross negligence or
willful misconduct; and (d) any other damage arising from your equipment
or your business.
CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State of
Missouri without regard to any conflict of laws provisions. Any action
between the parties to this agreement for the breach of this agreement
or any action or claim in any way relating thereto shall be venued in
the Superior Court of the State of Missouri, County of Polk. The parties
to this agreement hereby consent to jurisdiction in that court and
agree to accept service by mail and hereby waive any defense of any kind
related to jurisdiction or venue.
Services Provided by Qiwi Trails
Qiwi Trails 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 Qiwi Trails
members to maintain Internet websites, receive and maintain e-mail
accounts and access web space via FTP to upload files for their
websites. Qiwi Trails members will use the provided services in a manner
consistent with any and all applicable laws. Qiwi Trails 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. Qiwi Trails reserves the right to refuse service to potential
and/or existing customers to protect its existing paying customers. If
any of the below violates are committed, Qiwi Trails can terminate
client's account without notification.
timely web site hosting support to our clients through emails, chat and
phones. By accepting your client contract agreement with Qiwitrails.com
You agree not to abuse whether verbally or physically or whether in
person, via email, live chat or telephone or otherwise (a) any other
customer of Qiwitrails.com and any employee or contractor of
Client Content: Client agrees that web pages and files uploaded
to servers will not violate any state, national or foreign laws or
regulations; infringe on any intellectual property rights of Qiwi
Trails 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 Qiwi Trails
or any third party. Customers may not run IRC, bots or clients. Qiwi
Trails’ shared hosting account holders may not act as a reseller,
which means that clients may not host any web sites in their add-on
domains that are not domains owned by the client on record at Qiwi
Trails. Unacceptable uses also include: Bulk unsolicited emailing,
unsolicited e-mailings, newsgroup spamming, child pornography,
hardcore pornography or links to such sites, illegal content,
copyright infringement, trademark infringement, warez, cracks,
software serial numbers, proxy(ies) and image/file sharing web sites. It
is implicitly unacceptable to use the Qiwi Trails service to provide
copyrighted MP3, copyrighted music, copyrighted video, or any other
copyrighted materials that You have not gained implicit permission to
disseminate from the copyright holder. Qiwi Trails will be the sole and
final arbiter as to what constitutes a violation of this policy.
Qiwi Trails does not normally monitor the contents of clients
servers, however if suspicion occurs, Qiwi Trails reserves the
right to investigate and terminate the clients subscription to the
service without notification.
Unlimited Features: What do you mean by "unlimited disk space and bandwidth/data transfer"
We do not set limits on the disk space and bandwidth (data transfer)
that we provide in plans that are marked "Unlimited". We want you
to have the resources available to you to build a great online
Even though we want you to succeed, we need to
ensure that we're providing all of our customers with optimum
service. As such we do require all of our customers to be fully
compliant with our Excessive Resource User Policy/Terms of Service
and utilize disk space and bandwidth related to normal operation of
a personal or small business web site.
If a customer's
hosting account is found to have violated the client content,
excessive resource user policy and/or is storing files for
archiving purposes, the contents will be removed and while we make best
effort to contact customers before hand, can occur without notice.
Excessive Resource User Policy: Resources are defined as
bandwidth, memory and/or processor utilization. Qiwi Trails offers a
shared web hosting service in which environment customers may
share resources with other customers; therefore it is imperative that
Qiwi Trails control any excessive usage by customers so that they
do not disrupt the service quality of other customers using the
same resources. A website is considered using "Excessive amounts of
resources" when it monopolies the resources available using 8% or
more of system resources for longer than 60 seconds. There are
numerous issues that could cause such problems, including but not
limited to: cgi scripts, FTP, HTTP, etc. Any site that consumes
over the account limit of bandwidth is also considered an
"excessive resource" user. In the event of excessive resource usage
Qiwi Trails may act in the following manner: if the excessive
usage may cause a disruption of service to any other customer, Qiwi
Trails may suspend that customer’s account prior to notify that
customer, Qiwi Trails may also contact the ‘excessive usage’ customer
prior to taking any action if Qiwi Trails feels that the excessive
usage will not interfere with the service of any other customer.
Client suspensions prior to notification by Qiwi Trails is rare and
is only implemented in extreme circumstances and is intended to
prevent the misuse of our servers. The client whom is using
"excessive resources" may be asked to upgrade his/her package to a
“dedicated server” package to reduce their excessive usage
utilization in the future. Qiwi Trails will only offer this sort of
solution on a situational basis. Qiwi Trails will be the sole and
final arbiter as to what constitutes a violation of this policy.
No "Spam": UCE/UBE or "Spam" originating from a server located
on our network or associated with a Qiwi Trails server is not
tolerated. This includes any e-mail that promotes web sites hosted
on a server located on the Qiwi Trails network but is sent from an
e-mail address not associated with that Qiwi Trails account. Client
shall not use their Qiwi Trails 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. Qiwi Trails reserves the right to deactivate or terminate
any account(s) upon any indication of such activity without notice.
Excessive Exploits: Qiwi Trails allows 3rd party scripts to be
uploaded/installed from our auto-installer or manually (those
scripts that are/aren't included in the auto-installer) on your web
hosting account. It is the responsibility or our web hosting
clients to maintain the latest exploit free version of the scripts.
If a script that our web hosting clients uploads to our servers is
found to have security lapses and allows a third party to "hack",
"exploit", "deface" their site(s) it is the responsibility of our
clients to either remove that script or Qiwitrails.com reserves the
right to terminate that clients' account and provide them with a
False Information: Customer agrees not to post false or
inaccurate information to news groups in violation of the news
group’s rules and regulations. If any news groups or service
provider contact Qiwi Trails concerning unethical, false or
unlawful activities by you, Qiwi Trails reserve the right to suspend or
terminate your service with or without notice.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files: Qiwi Trails provides the tools needed to create
backups of account data. It is the responsibility of the customer
to keep up-to-date archives of their backed up data. Qiwi Trails
does not back-up, or keep records or copies of our clients web site
files and is not responsible for any loss of data.
Payment, Renewal, Cancellations
Payment Obligations: Full payment is required in advance before
hosting service is established. Qiwi Trails sends out invoices
that are due every pay period. You are given fifteen (15) days to
fully pay the invoice.
You warrant and represent that the
information you supply in the Order Form (or other information that
Qiwi Trails may require) is accurate and truthful. All payment-due
notices will be sent by e-mail. No bills or invoices will be sent
by postal mail or fax. If payment was not received by the due-date,
your account will be suspended. It is the client’s responsibility
to ensure that payment is made to Qiwi Trails prior to the renewal
date and although Qiwi Trails sends renewal notices to our
customers prior to their renewal date, because of the ability for a
customer to change their contact email addresses without notifying Qiwi
Trails, the customer is ultimately responsible for remembering
their renewal date and to make sure payment is made upon the
Renewals: Your account will be automatically renewed under the
same time and fee structure unless you give written notice to Qiwi
Trails thirty (30) days before the renewal date that you do not
wish to renew or make changes to such account. For accounts who
used a coupon upon their initial purchase to reduce the cost of
signing up with Qiwi Trails those coupons are good for only the
initial purchase and initial activation of the customers' account
and the coupon is not applied to the renewal of their customer
Late Fees: Clients have the option to pay an invoice at any
time by logging into their Qiwi Trails account and submitting a
payment. An invoice that is not paid by the due date is
automatically marked overdue in the system. If an invoice is
overdue by more than four days (the grace period), the account is
automatically suspended and a $15.00 late fee is added to the account.
To reactivate an account that is suspended for failure to submit a
payment within the grace period, a payment for the original
invoiced amount plus $15.00 must be submitted to Qiwi Trails.
Cancellation & Refunds: Should you become dissatisfied with
our services within the first 30 days of your account activation,
Qiwi Trails will refund your hosting fee subject to the money back
guarantee terms listed in this agreement. Refunds are not available
for customers after the 30 days of account activation. You may
however cancel your account at any time in order to make sure that
your account is not renewed. You will need to contact customer
service and verify information before cancellation takes place. You
will be charged in full for the entire month in which you cancelled
your account. Accounts which have negative balances will be sent to
collections and all services will be terminated, including domain
registrations. Refunds are never available for domain registrations.
Domain Names transferred to our service incur an additional year of
registration and therefore are considered a domain registration.
Domain registration fees are $24.95/yr. Domain names of customers
which leave our hosting service will be refunded the package price
total less the domain registration fee if the customer leaves Qiwi
Trails hosting service within the 30 day money back guarantee.
99.9% Service Level Agreement “SLA"
Qiwi Trails offers its clients a 99.9% network uptime guarantee for
customer satisfaction purposes and also to ensure that your business is
running problem free. Qiwi Trails will try to maintain maximum uptime.
Qiwi Trails is not responsible for any downtime caused by the client.
If for any reason, any part of this agreement becomes illegal,
invalid, or unenforceable in any jurisdiction, it shall not affect:
1. the validity or enforceability in that jurisdiction of any other provision of this Agreement; or 2. the validity or enforceability in other jurisdictions of that or any other provision of this Agreement."