Terms of Service
Terms and Conditions
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.
General Provisions
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 all times.
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 attack.
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 such damages.
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.
Indemnification
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 Greene. 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.
Qiwitrails.com provides timely web site hosting support to our clients through emails. 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 any other customer of Qiwitrails.com and any employee or contractor of Qiwitrails.com.
- 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 presence.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 prorated refund. - 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 renewal. - 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 account. - 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.
99.99% Service Level Agreement “SLA”
Qiwi Trails offers its clients a 99.99% 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. In the event that there is unplanned and unexplained downtime, the customer will be offered a choice between a pro-rated charge on their next bill, equal to the amount of downtime sustained on their service, or an extension of their service equal to the downtime, with the minimum amount being 1 Day.
Severability
If for any reason, any part of this agreement becomes illegal, invalid, or unenforceable in any jurisdiction, it shall not affect:
- the validity or enforceability in that jurisdiction of any other provision of this Agreement; or
- the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.”
