GENERAL & USER LICENSE SERVICE TERMS & CONDITIONS
NOTICE TO USER / PURCHASER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND QUANTUM WEB DEVELOPMENT & SERVICES, LLC, (hereafter "Quantum or QWDS"). BY CLICKING AN "ACCEPT" BUTTON, BUYING ANY PRODUCT OR SERVICE OF US VIA TELEPHONE OR EMAIL COMMUNICATION, OR WRITTEN AGREEMENT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. By engaging in any business with QWDS, you represent that you have the authority and right to bind the company to the terms contained in this agreement. Quantum reserves the right to alter, modify, or update these terms of use or any information on its website at any time without notifying you, and you agree to be bound by such modifications, alterations, or updates.
WEB HOSTING ONLY & EMAIL SERVICES
Hosting & Email Package services on the QWDS website, under terms and conditions, identify all included and detailed within specific packages shown on the QWDS website. Although we do not require a contract for this particular service, you, the customer, is bound by all of our terms and conditions listed on this site under "Terms & Conditions."
Prices are based on monthly, quarterly, or annual fees. Your credit card will be charged automatically, initially, upon receipt of your order and thereafter on the 1st or 15th of each month. The charge will be for the amount shown for a monthly term on your order; if quarterly, on the first or 15th of every 3rd month; if annually, the annual charges are due once per year on the account.
Payment of all invoices must be made successfully five (5) days after the stated due dates, or services may be interrupted until payment is recorded successfully on the client's account.
Quantum can not guarantee 100% uptime because machinery will fail from time to time, and there will be issues that will be beyond our control regarding network providers. However, in our history, we have provided 99.8% up-time. Should there be an outage of service for any reason, Quantum will work to restore service as fast as possible. The Indemnification terms herein remain in full force.
Account Suspension
Before QWDS terminates your account, for non-payment, it will suspend all of your services and attempt to reach you to bring your account current. If QWDS is unable to reach you for a resolution, or you don't bring your account up to date, QWDS will then terminate all services under your account.
Cancel Services
To cancel the automatic monthly charge, just click here and fill out our online form to cancel your services. We will cancel your services following how you complete the form. Quantum has the right, if you violate any policies or upon the death of the client or dissolution of the corporation to terminate services without notice.
Termination of Services
Upon termination of an account, all website files, and the database, if any, will be removed from the server and preserved for 15 days. Should the account owner wish to retrieve their files after the account has been terminated, the account must be brought current, all past due balances must be paid in full, and we will then release the website files being preserved for a fee which will be calculated based on the number of website files being transferred. The cost can range anywhere on our sliding scale from .0199 cents per website file to .1295 per website file. The higher amount of files you have the lower the cost. After 15 days the website & database data will be deleted forever from our systems and unrecoverable.
Refund Policy
Web Hosting & Email Services are non-refundable services that are paid in advance of each month.
WEB DEVELOPMENT & WEB DESIGN SERVICES
Not on a Membership Plan
Quantum custom designs all website projects. Once you complete the initial website consultation with our design and production teams, we provide you with detailed Estimate options, add-ons, and an approximate production time for your website. We will recommend software to help get you started. Software and SSL Certificates are not included in Development & Design. We will add them as an add-on in your Estimate if required. When your website is fully paid for, you will be provided full ownership of all the files and the database, which will enable you to take your site anywhere.
Once your website is completed and ready to launch live, we will offer you a discounted recurring Support Maintenance Plan, which is a must for every site. Customers that do not wish to have a Support Maintenance Plan will be charged at the standard hourly rate at full cost.
Hourly Service Any changes requested on any website requested by a Customer with no Support Maintenance Plan will be charged at the standard hourly rate at full cost. Customers with a Support Maintenance Plan will be charged a discount on the standard hourly rate.
Work Commencement Cancellation/Termination Policy
The Customer can only cancel the Web Development & Web Design Service before work commences. Once the project has commenced, the entire project's cost, as presented in the Estimate/Quote, including any changes made during the project process, is non-refundable. We are not obligated to modify any of our Products or Services to accommodate the Customer's use. Quantum has the right if you violate any policies or upon the death of the client or dissolution of the corporation to terminate services without notice.
Refund Policy
Web Development & Web Design services are non-refundable.
Update Policy
Once the website(s) is live, the Customer is responsible for all updates/changes to their website(s) unless they have hired Quantum to make updates/changes. In the case where Quantum has been hired to make changes or updates, Quantum will follow the Customer's work order at the time of the request and complete and charge for the work accordingly. The Customer can request changes to their website via a HelpDesk Ticket.
SLA Policy
HelpDesk Tickets are responded to in the order they are received. Most tickets are completed within 1 hour up to 5 business days depending on the type of request.
MEMBERSHIP PLANS
Membership Plans are designed to allow the client to have all of the perks that regular Web Development, Web Design and Web Hosting have, but with a Membership Plan the client pays a low monthly payment with everything included. This saves the client the major costs that regular web development, design, and hosting come with and QWDS welcomes a new client to the Quantum family.
Quantum custom designs all website projects. Once you complete the initial website consultation with our design and production teams, we will begin the process of design, development and hosting, including the add-ons, selected by the client. We will provide an approximate production time for your project. We will install software based on all of the client's requests, including the main software listed in the Plan chosen.
Payments: Initially, all Membership plans come with 12 consecutive payments, 1 payment per month for a 12 month commitment. When you reach the 13th month, the Plan will continue on a month-to-month basis at the same rate.
Web Design Files: Since QWDS has taken away all the heavy costs of development, design, SSL Certificates, and Hosting, all files belong to QWDS. If the client would like to pay for the files created for their project and wishes to move to another provider, QWDS will zip up the files for a nominal charge of .1295 per website file.
Work Commencement Cancellation/Termination Policy: All Membership Plans are non-refundable even if the project has not been completed. Quantum has the right if you violate any policies or upon the death of the client or dissolution of the corporation to terminate services without notice.
Refund Policy
All Membership Plans are non-refundable.
GENERAL CONDUCT:
1) Customer is prohibited from transmitting on or through any of QWDS servers or services, any material this is, in QWDS's sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international.
2) QWDS services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of the United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. QWDS reserves the right to remove such illegal material from its servers.
3) The customer is responsible for keeping their billing data with QWDS up-to-date and accurate. Furnishing false data on the sign-up form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination and may subject the offender to civil or criminal liability.
4) If the Customer engages in disputing any credit card transaction for any completed products or services delivered, Quantum will respond to each dispute including any arbitration, and defend its position to the fullest extent of the law. By paying any invoice the Customer has accepted the Products and/or Services and deemed them usable and of good quality. If the Customer initiates a credit card dispute for any reason there will be an automatic $150.00 assessed to the Customer for chargeback and bank fees. In addition, Quantum will assess a $60/hour fee for the cost of processing a response to the dispute. The Customer will be fully responsible for all legal and collection costs associated with the matter provided Quantum prevails.
SYSTEM AND NETWORK SECURITY:
1) Customer may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access or probing other networks' security.
2) Customer may not attempt to interfere with service to any user, host, or network (“denial of service attacks”). This includes but is not limited to “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.
3) Customer may not use any kind of program/script/command or send messages of any kind designed to interfere with a user’s terminal session, via any means, locally or by the Internet.
4) Users who violate systems or network security may incur criminal or civil liability. QWDS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities to investigate suspected criminal violations.
5) Customer may not spam any search engine by submitting more pages than any search engine permits in one day.
E-MAIL:
1) Harassment, whether through language, frequency, or size of messages, is prohibited.
2) Customer may not send an email to any person who does not wish to receive it. If a recipient asks to stop receiving an email, the customer must not send any further email. If the Customer or any vendor the Customer may hire to send email is caught sending Unsolicited Mail (SPAM), the Customer may be subject to fees which will be determined by the amount and extent of the damage, downtime, interruption, or volume sent through a QWDS server(s). The customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
3) Customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4) Customer may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
5) Malicious email, including but not limited to “mailbombing” (flooding a user or site with very large or numerous pieces of email), is prohibited.
6) Forging of header information is not permitted.
7) QWDS accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Net Abuse Policy.
8) Quantum is not responsible if your email advertisement does not bring Customer sales or inquiries for any reason. Quantum cannot guarantee results, sales, responses, or inquiries from purchasing any email list from Quantum. Quantum IS NOT responsible for any SPAM claims from any party or loss of business for any reason. The person(s) or corporation(s) who sends the email advertisement out to this list are the responsible parties to check ALL states' laws for SPAM REGULATIONS to ensure ALL LAWS are adhered to in full. By purchasing this list, you assume all legal ramifications upon yourself or parties using the list and release Quantum from any such liability.
9) Upon termination of an account all email folders will be removed from the server and preserved for 15 days under each email box that was originally set up for the domain. Should the account owner wish to retrieve their email after the account has been terminated, the account must be brought current, all past due balances must be paid in full, and we will then release the email being preserved for a fee of .75 cents per email folder found in each email mailbox. After 15 days the email data will be deleted forever from our systems and unrecoverable.
PROVISIONS OF SERVICE:
1) According to the parties' terms and conditions, the Customer agrees to purchase certain Internet, hosting, web development, membership plans, search engine packages, or printing services set forth herein.
2) Customer acknowledges and agrees that the Internet Services provided by QWDS may include access to third-party networks via QWDS. Customers will abide by the reasonable rules and policies for such networks that may be provided from time to time. QWDS agrees to announce, as may be required, that Customers provided routes to QWDS peers or other transit providers that QWDS may use from time to time. The customer also acknowledges and agrees that QWDS reserves all rights and property interest in the IP addresses assigned to the Customer.
USE OF INTERNET SERVICES:
1) QWDS Internet Services are to be used solely by Client, and the entitles, if any. Customer represents, warrants, and covenants that it will not transmit, re-transmit, store, or otherwise use the Internet Services in violation of any federal, state, local or international laws or regulations (collectively, “Laws”), including but not limited to, any Laws relating to copyright, trademark or other intellectual property or proprietary rights, or any Laws relating to U.S. export, and that it will not post, transmit or re-transmit any unlawful, threatening or abusive material of any kind.
2) In using the Internet Services, the Customer agrees that it will comply with QWDS “Net Abuse Policy” that prohibits such activities as (i) gaining or attempting to gain unauthorized access to another account, host, or network; and (ii) distributing, posting or collecting unsolicited, duplicative messages to entities who do not expressly request such messages (“Spamming”)
3) Customer shall not improperly restrict or interfere with the use of the Internet Services (or of the Internet general) by QWDS or its affiliates, any QWDS customer, or any third party. Upon notice from QWDS, the Customer shall promptly remove any hazard, interference, or service obstruction that may be caused by hardware or software not provided by QWDS. Should the Customer upload a virus or infect file(s) through FTP access, the Customer will be responsible for any interruption in service to the server or other clients on the server.
PROOFING OF WEBSITE, PRINTING, OR OTHER WORK:
1) QWDS will provide the initial design proof of website, printing, or other work requested, as stated herein, within a maximum of thirty (30) business days from the day all material/copy is brought/sent to QWDS for processing unless otherwise specified in writing between QWDS and the Customer. QWDS has the right to extend the deadline of proof to a reasonable date beyond the original thirty (30) days.
- Printing orders MUST be placed, and paid for in full, in advance of any design services being rendered.
- If the Customer does not place a printing order and QWDS renders design services, QWDS has the right to charge design fees after 30 days if the Customer has not placed or paid for their printing order.
2) The Customer will have ten (10) business days to review and render changes in writing from the day QWDS notifies the Customer that proof is available to review unless otherwise agreed to by both parties. Customers must respond by email if they require more time to review the said proof and identify the number of additional days required to review the proof. If the Customer does not acknowledge the notice from QWDS, QWDS will deem the website, printing, or other work complete “AS IS,” and no further proofs will be rendered without charge.
3) QWDS will render ONLY three (3) proofs at no charge to consist of the following:
- The website's initial design, printing, or other work from initial information provided by the Customer, a second proof indicating changes the Customer requested, and if necessary, a third and final proof from final Customer revisions. The proof is considered a rendering of data based on customer input.
- Should the Customer request changes in writing which were not initially specified by the Customer, which may affect the layout or design initially provided by QWDS in Proof 1, one additional rendering with a different look will be presented to the Customer without charge; however, the Customer will be assessed an additional charge based on the current hourly rate if an additional design rendering different from the second rendering is requested.
- Should the customer indicate changes that are different from what was originally provided or considered original specs, QWDS will charge the current hourly rate to design or fix such changes outside the original request scope.
- QWDS will fix all changes within the original request scope without charge within the 3 Proof limit.
4) Specific to Web sites: Should the Customer decide to design their site after QWDS rendered proof for the said site, QWDS will grant FTP (File Transfer) access to the Customer, at which point QWDS obligations to design a website will be considered completed and satisfied.
5) Screen meetings or consultation meetings to review or discuss the Customer's project/job that takes longer than 20 minutes will be charged at the rate of $35/hour.
6) Should more than three proofs be requested by the Customer, the Customer will be charged a fee based on the current hourly rate. QWDS will notify the Customer of this charge before QWDS begins any excess proofing work. During the proofing process, QWDS will not charge for any modifications so long as they are within the guidelines specified herein.
7) The Customer will be responsible for any errors, including but not limited to the omission of information, typographical errors, pricing errors, and product descriptions once the Customer approves the final proof. Should the Customer find any errors in the website after the Customer has approved the entire site, printing, design project, other work, the Customer will be subject to QWDS’ applicable hourly rate for all changes requested and will be notified of such charge before work commencing.
PROPRIETARY RIGHTS:
1) Customer hereby permits QWDS to create certain artwork for web or print media or any other media form, including on-screen images for the Internet. QWDS grants permission for customers to use artwork or images as long as business between the parties remains in effect, for any lawful purposes. QWDS retains the rights to all artwork, coding, images, programming, design & layout for printing projects, files, coding, and databases, which were used to create said website OR printing works as specified herein unless originally provided by Customer or Customer purchases said items as requested by Customer. The Customer will not be permitted to utilize said artwork, coding, images, programming, files, coding, and/or databases for any purpose unless the Customer purchases said items and/or agreed to in writing by QWDS.
2) Customer expressly releases, and agrees to defend, hold harmless and indemnify QWDS and its agents, employees, licensees, and assignees from and against any claims which Customer has or may have from rights of publicity, defamation, unfair competition, or any other cause of action arising out of the use of the information or materials, or arising out of undelivered, misdirected or lost electronic mail.
3) Customer understands and agrees that QWDS shall have the exclusive rights, title, and interest, including copyright, in and to any works of authorship, graphics, layout and design, coding, programming, all data files in connection with the creation of the website on a Membership Plan or print projects as indicated herein, except for any third party coding (relating to web sites), invention or other intellectual property created according to terms herein, and any advertising and/or promotional materials relating thereto unless provided by the Client. The client agrees and understands that QWDS resells or licenses different types of software to its Clients. If the Client exercises the option to purchase website files, the Client agrees and understands that although design and layout are provided free of charge with any printing order, QWDS will release design and layout files for printed projects for a fee to be determined by QWDS based on the current hourly rate to design and layout such a file for that particular project. QWDS will still be allowed to resell or license the same or similar coding to another client, excluding all Customer imagery or content. (i.e., If QWDS develops a shopping cart for the Client, the basic functionality of that shopping cart can be used for other QWDS clientele and may be resold or licensed to another QWDS Customer, excluding all Customer Content, marks, images, and photos which remain the property of the Customer.)
4) Customer retains ownership of all materials in the form delivered to QWDS and any existing trade and/or service marks of Customer. Materials provided by the Customer shall remain the Customer's property except for that which was created by QWDS.
5) QWDS will have permission from the Customer to utilize the Customer's items for the design and/or programming of the website and other services requested by the Customer.
6) QWDS will have the right to display the Customer’s website and/or any QWDS authorship works, as an example of work performed by QWDS, by adding it to the QWDS portfolio without requesting permission from the Customer.
7) QWDS grants Customer a limited, nonexclusive license to copy and distribute screen prints only of Customer’s web site for the limited purpose of promoting Customer’s web site. Customers may not copy, distribute, or otherwise use coding or images created by QWDS. This limited license will terminate upon business termination between the parties or if the Customer purchases such files.
8) Customer warrants that any offers promoted through QWDS service comply with all laws regulating advertisements. The customer assumes all responsibility for such compliance.
9) The Customer will have full rights, title, or interest in any domain name registered by the Customer or any Customer trademark or service mark contained in any such domain name.10) Customer authorizes QWDS to display its logo at the bottom of each page with a link to the QWDS website.11) Customer understands and agrees that nothing in these terms shall bestow any proprietary or other intellectual property rights of any kind to, or on behalf of the Customer.
INVOICES AND ESTIMATES:
1) QWDS will generate an electronic invoice for each customer's service via electronic mail when requested by the Customer. Customers may email
SEARCH ENGINE PREP WORK AND POLICY:
1) If search engine prep work is ordered, QWDS nor its officers, directors, employees, agents, assigns do not guarantee that the customer will earn money from these services provided by QWDS and will not be held liable for any reason for any loss as a result of providing these services. Should these services be ordered or performed by QWDS, QWDS will request that NO Meta Tags or coding relating to Meta Tags, Alt Tags, or Hidden Tags be altered in shape or fashion without notifying QWDS of such a change. Should these items be altered without QWDS’ knowledge, QWDS will immediately stop all SEO services and be entitled to any financial damages relating to the loss of time and cost to QWDS for the performance of services as agreed to by the parties at the then-current market rate as the Customer will be effectively interfering in the ability for QWDS to perform and reach its Optimization Goal for the Customer.
Refund Policy
Search Engine Optimization Services are non-refundable services.
WARRANTIES AND REMEDIES:
1) Customer understands that the Internet is not owned, operated, managed by, or in any way affiliated with QWDS and that all content, services, information, and other materials that may be offered, made available, or are accessible on the Internet are offered, made available, or are accessible solely by third parties who are not affiliated with QWDS or its affiliates. Use of the Internet by Customer, Customer’s customers, or any other authorized users is solely at the respective user’s own risk and is subject to all applicable laws. QWDS does not warrant that the Internet Services will be uninterrupted or error-free or that any information, software, or other material that may be accessible via the Internet Services, is free of viruses, disabling code, worms, or any other harmful components.
2) Without limiting anything contained herein, the Customer further understands that the Internet contains unedited materials, some of which may be sexually explicit or offensive to some people. The customer’s access to such materials is at the Customer’s own risk. QWDS has no control over and accepts no responsibility or liability of any kind for such materials.
3) Internet services are provided on an “AS IS” basis without warranties of any kind. QWDS disclaims all warranties, oral or written, expressed, implied, or statutory, including without limitation the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose, concerning any merchandise, information, or service provided through the Internet or any transactions conducted on the Internet.
4) In no event shall QWDS, its affiliates, officers, directors, employees, agents, or assigns be liable for any damages, including but not limited to lost profits, loss of business, indirect, incidental, special, exemplary, punitive, or consequential damages that result in any way from customer’s or its authorized users’ reliance on or use of the content, information, services or merchandise provided on or through the Internet services, or that result from or are related to, mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance of any kind, even if QWDS has been advised of the possibility of such damages.
OWNERSHIP OF SITE AND PROGRAMMING OR PRINTING FILES:
1) QWDS will own all artwork rights, except that artwork provided by the Customer unless Customer has paid for said artwork. QWDS will provide a flat setup fee to the Customer whereby the Customer will have the opportunity, at any time, but will NEVER be obligated to do so, to purchase only the graphic high-resolution art files (defined as PDF, TIF, EPS, or JPG files) for a website or printed works. The code, pages, and all information used to construct the website including any specific software that may have been used to construct the software belongs to or is licensed to QWDS. The Customer will need to enter into a licensing agreement with QWDS in order to obtain its files and agree on a reasonable monthly fee for the use of the software and monthly maintenance to keep the software up to date wherever the Customer may choose to host it if not on a QWDS server. Once a license agreement has been reached QWDS will email said files to the customer via a special service that can track large file delivery services once payment has cleared for the first month of the license fee.
2) Customer understands that upon the termination and/or closure of the customer's account by any party, for any reason, all original proprietary property provided to Quantum and proprietary property constructed afterward on QWDS servers will be held by QWDS if the Customer has an outstanding balance on their account. Until the customer's account is in good standing with a zero balance owed to QWDS, no files will be released. When the account is paid in full, QWDS will release all proprietary files to the Customer via a zip tracking system for large file sending, which documents delivery receipts. A fee for sending the files will be charged at a rate of $25.00 per Zip file. Files will be held for 30 days on-premises. If no resolution has been made by that time, the files will be turned over to legal counsel for collection, and the Customer will be responsible for all legal fees and the monies owed to Quantum.
GENERAL USER LICENSE AGREEMENT SOFTWARE, IMAGES & DESIGN
Design of Artwork & Images License
Each of the DESIGN PRODUCT ordered is protected by the United States copyright laws and international copyright laws and international copyright treaties, and other intellectual property laws and treaties. All of the DESIGN PRODUCTS mentioned above are licensed, not sold.
Quantum, including but not limited to, third-party licensing, grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images provided or designed by QWDS for use in print media or on the web.
Rates and rights must be negotiated before use, other than those used described above. All photographs and rights not expressly granted in writing remain the photographer's exclusive property and are limited to one-time use. Notwithstanding the License Grant herein, you may not: Sublicense, re-license, rent or lease any of the Images or Design; Copy or publish any of the Images or Design to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Quantum. Use any of the Images or Design for any form of pornography or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner. Use any of the Images or Designs to promote a business that sells or licenses photographic images or otherwise competes with Quantum in any manner. Use an Image or Design in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the Image; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations. Permitted Use:• Any Internet, intranet, Online, or web-based media provided the resolution of the images does not exceed 72dpi;
• Broadcast and theatrical exhibitions;
• Additional uses approved in writing by Quantum and/or as may be required with permission of third party vendor;
RESTRICTIONS TO THE USAGE OF IMAGES USED ON YOUR WEBSITE
The following uses are prohibited:
• Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.
• Create any derivative use of an Image unless indicated on the invoice.
• Sublicense, re-license, rent or lease any of the Images.
• Use of the Image in a defamatory, pornographic, or obscene manner, whether directly or in context or juxtaposition with the specific subject matter.
• Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark, or service mark.
• Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Quantum.
• Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.
• Use of the Images to promote a business that sells or licenses photographic images or otherwise competes with Quantum in any manner.
• Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.
TERMINATION OF IMAGE LICENSE
Quantum reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Quantum also has the right upon the death of the client or dissolution of the corporation to terminate services without notice. Upon termination, the Customer must immediately stop using the Image(s), delete all Image(s) and all copies from all magnetic media and destroy all other copies. Quantum reserves the right to discontinue the use of any Image(s) for any reason and elect to replace the Image(s) with an alternate Image(s). Upon notice of any discontinuance of using a particular Image(s), you, your employer, and your client, if applicable, agree not to use the Image(s) in the future. The license contained in this Agreement will terminate automatically without notice from Quantum if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of Quantum, return the Image(s) to Quantum, and (iii) delete or remove the image(s) from Licensee's premises, computer systems, and storage (electronic or physical).
RETENTION OF DIGITAL FILES
Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Image(s) from all electronic and removable media and destroy any other copy of the Image(s), except as licensed under this Agreement. Quantum's copyright information or its third-party association vendor and Image(s) identification number must be retained with the digital files while you retain them.
RETURN PERIOD AND HOLDING FEES FOR IMAGE(S):
Image(s) other than digital files are to be returned within four (4) months after the invoice date, except in cases of outright purchase. The user agrees to pay, as reasonable charges, the sum of $10.00 per week per image after such a 4-month period to the date of return.
NOTE THIS IS NOT A BAILMENT
Holding fees will accrue for one year from the stipulated return date, after which unreturned Images shall be deemed to be lost, and you will be billed for lost Image fees per the Liquidated Damages provisions below. Payment of Lost or Damage fees does not entitle you to any rights whatsoever in the Images, which must be returned to Quantum immediately if subsequently found. You will then be liable for holding fees rather than Lost Fees, whichever is less.
RESPONSIBILITY FOR ORIGINAL IMAGES
If original Images are delivered to the User, the User is responsible for loss or damage to the Images delivered to them, from receipt until their return to QWDS. User shall be responsible for safe delivery and return of Images to QWDS and shall indemnify QWDS against any loss or damage to Images in transit or User possession. This agreement is not considered a bailment and is specifically conditioned upon the item delivered to QWDS in the same condition as delivered. Projection of Images is not permitted. The user assumes an insurer's liability herein for the safe and undamaged return of the Images to QWDS. Such Images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid, and fully insured.
LIQUIDATED DAMAGES
Each photograph's value shall determine the monetary damage for loss or damage of original color transparency or photograph. However, the user agrees that the reasonable value of such lost or damaged photograph or transparency shall be Fifteen Hundred ($1,500) Dollars. The value of duplicate transparency shall be Two Hundred Fifty ($250) Dollars. The value of a black and white print shall be Thirty ($50) Dollars. Quantum agrees to deliver the goods herein only upon the express covenant and understanding by the User that the terms in this section are material to this agreement. User assumes full liability for its employees, agents, assigns, messengers, and freelance researchers for the loss, damage, or misuse of the Images.
SOFTWARE LICENSESOFTWARE PRODUCTS
Licensed on the website www.QWDServices.com the following User License Terms apply.
PERMISSION TO USE ANY OF THESE SOFTWARE PRODUCTS IS CONDITIONAL ON YOU FULLY AGREEING TO THE LICENSE TERMS SET OUT BELOW. READ THESE LICENSE TERMS CAREFULLY BEFORE USING ANY ONE OF THESE SOFTWARE PRODUCTS. IF YOU DO NOT WISH TO ACCEPT THE LICENSE TERMS, DO NOT INSTALL OR USE ANY OF THESE SOFTWARE PRODUCTS.IF YOU INSTALL or ACCESS ANY ADMINISTRATION AREA OF ANY SOFTWARE OR SELF MANAGED, SITE PRODUCT FEATURED ON WWW.QWDSERVICES.COM YOU WILL BE DEEMED TO BE AGREEING TO THE LICENSE TERMS. SOFTWARE OR ADMINISTRATIVE ACCESS MAY BE OWNED BY QUANTUM WEB DEVELOPMENT & SERVICES, LLC OR LICENSED TO QUANTUM WEB DEVELOPMENT & SERVICES, LLC BY A THIRD PARTY.SOFTWARE IDENTIFIED: QUANTUM BUILDER OR ANY OTHER THIRD-PARTY SOFTWARE.
IMPORTANT-READ CAREFULLY
This Quantum End-User License Agreement is a legal agreement between you (either an individual or a single entity) and Quantum for any one of the above-identified software products accompanying this End-User License Agreement ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to make and use copies of any of the above-mentioned SOFTWARE PRODUCTS, you agree to be bound by the terms of the End-User License Agreement. If you do not agree to the terms of this End-User License Agreement, you are not authorized to use any of the above-mentioned SOFTWARE PRODUCTS.
SOFTWARE PRODUCT LICENSE
Each of the SOFTWARE PRODUCTS mentioned above is protected by the United States copyright laws and international copyright laws and international copyright treaties, and other intellectual property laws and treaties. All of the SOFTWARE PRODUCTS mentioned above are licensed, not sold.
1. GRANT OF SOFTWARE LICENSE
The End-User License Agreement grants you the following right: You access the Software by the Customer's administrative access area on a Quantum Server. Your User License via Quantum Developer License is good ONLY for ONE domain name, which will be hosted on a Quantum server unless otherwise agreed upon by Quantum and you.
If you, the Customer, are initially hosted on a Quantum server and then move to a non-Quantum server without a 30-day notice to Quantum, Quantum makes no warranties or claims as to the compatibility or functionality of the software on a different server and will not assist in any way in the transition of your website to the new server (adverse action may be necessary depending on the state of your account). Quantum also has the right to suspend or terminate any and all other access such as API codes, Recaptcha codes, Google codes, etc. to said website and will not be held responsible for any loss the website or customer/client may have and access to the Quantum Builder. Any damages concerning the Customer's website will be limited to a maximum total of $15.00 for Quantum should the customer attempt to bring any action against Quantum.
If you, the Customer, notify Quantum with a 30-day notice that you intend to change servers to a non-Quantum server, Quantum will work with you and make every effort to assist in a smooth transition for your website and software functionality (nominal fees may apply).A domain will be described as any .com, .net, .org, or other valid domain extension issued by an ICANN accredited registrar. Quantum will issue its Developer License to the ONE Domain Registered.
You may not use any of the SOFTWARE PRODUCTS on more than one domain at a time unless otherwise noted by the software and not for more than the period designated on the invoice. You may not install any files, copy, or archival any software portion on other devices. You understand that there will be certain areas of the Software managed solely by Quantum and that you will not have any administrative access to those areas. You may not point more than one domain to any of the SOFTWARE PRODUCTS listed above that you purchase a use license for, that is, running a single database including the domain running any of the SOFTWARE PRODUCT(S) listed above. Any additional domains that you wish to point to or use from the above-listed SOFTWARE PRODUCTS will require the purchase of an additional license.
• The Customer is EXPRESSLY PROHIBITED from downloading, saving, or copying any part of a said website in any shape or fashion onto any computer or storage device for any purpose. This includes but is not limited to saving any page from any browser, and downloading any files, pages, images, or code. The Customer is expressly prohibited from reverse-engineering the code or any part of the software, pages, or any file. Any violation of this will result in legal consequences and punitive damages to the law's maximum extent.
• Certain areas of the software have been provided by other engineers and programmers and have been purchased or are freeware, shareware, open-source, or licensed to QWDS.
• QWDS Builder (Quantum Builder) is specifically for Joomla. It can be used with WordPress and other software, but Quantum specializes in Joomla and the software will be programmed for Joomla. Quantum will grant a limited license to use the software via email and password to edit the website provided annual license fees are paid and current. If dues are not current, Quantum has the right to suspend or terminate access to edit the website and is not responsible for any loss the website or customer/client may have. Any damages concerning Quantum Builder will be limited to a total of $15.00.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Support: Quantum may at its option provide Setup or Installation support of any of the SOFTWARE PRODUCTS listed above. No support other than the online Quantum HelpDesk is available for any of the SOFTWARE PRODUCTS listed above unless a support plan has been purchased from Quantum. Quantum will support only its original code its original content when the Single User License was purchased. No Selling or re-distribution of License software version: You may not sell, distribute or offer modifications to any other users of any of the SOFTWARE PRODUCTS listed above without the express written permission of Quantum. No inclusion in other products. The SOFTWARE PRODUCTS cannot be incorporated into the workings of the software code of any other product or service that may disguise or otherwise provide functionality that was not intended by Quantum.
Single-Use License: This version is not a multiple site (multiple domains) version. If you wish to use the software for multiple sites (multiple domains), a license fee applies to each new production instance in which any of the SOFTWARE PRODUCTS are used. Multiple Domain licenses are available upon request.
Limitations on Reverse Engineering, Reengineering, and Disassembly: You may not reverse engineer, decompile, or disassemble any of the SOFTWARE PRODUCTS listed above, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You can alter graphics and page or product content to make the SOFTWARE PRODUCTS function with your content or images, but not attempt to redevelop any of the SOFTWARE PRODUCTS in any similar fashion. Where any such law permits Reverse Engineering, Reengineering, and Disassembly, you are not permitted or licensed to use any of the SOFTWARE PRODUCTS where you wish to undertake such actions.
Separation of Components: The SOFTWARE PRODUCTS listed above are licensed as single products under each of their respective names as listed above. Their parts may not be separated for use on more than one computer.
Software Transfer: You may not permanently transfer all of your rights under this End-User License Agreement, provided the recipient agrees to the terms of this End-User License Agreement. The new End-User will need to purchase a new License with Quantum along with the current End-User. If you sell your domain to another party, that party will be required to purchase a new license, and at the point that Quantum approves the sale of your domain, you may no longer keep any access to the administrative areas or copies of any graphics or otherwise of the SOFTWARE PRODUCTS (development or production).
Hosting: All SOFTWARE PRODUCTS that are owned or licensed to Quantum will be available for You as the third-party licensed software on a Quantum server. All SOFTWARE PRODUCTS that are third-party licensed to Quantum will be available for you only on a Quantum server. Therefore, ALL SOFTWARE PRODUCTS will be hosted on a Quantum server as part of the terms and conditions of the said Software. Any damages concerning Quantum Hosting will be limited to a total of $15.00.Termination. Without prejudice to any other rights, Quantum may terminate, vary or amend this End-User License Agreement and if you fail to comply with any of the terms and conditions of this End-User License Agreement or this Agreement, all website services, including but not limited to email, will be terminated immediately. UPON TERMINATION OF THE SERVICES OR CLOSING OF AN ACCOUNT FOR ANY REASON, USER CONTENT, USER WEBSITES, USER DATABASES, SOFTWARE, SSL CERTIFICATES, API CODES, RECAPTCHA, AND OTHER DATA WILL BE REMOVED AND DELETED FROM ALL QUANTUM SERVERS.
Active email address. Any use of any of the SOFTWARE PRODUCTS requires you to provide Quantum with a current and active email address to receive Quantum communications. You will advise Quantum of any new contact email address within 7 days of any such change occurring by updating your account at the Quantum website.
Breach of End User License: Where any breach of the End User License is found to exist, Quantum, at its sole discretion, may seek any remedies it sees fit, including an initial minimum fine of $500.00 to be charged automatically to your credit card on file following the recurring permission sheet signed by you. You agree to be solely responsible for the total damage of the breach including all attorney fees & costs and will pay the total damage cost once the final amount is calculated by the lawyers. Quantum will monitor the use of domains by encrypted code to ensure that licensing is not being used for more than the domains that have been registered. Should there be any breach of this End User License Agreement for any Software Product, Quantum will terminate all administrative site access, terminate the site (domain) from showing live to the public, terminate all related services to said domain name, cancel the existing license(s), proceed with a civil and criminal prosecution where applicable, and seek compensation for losses, damages and legal costs, both direct and indirect, howsoever caused.
No Claims: You will not make any claims against Quantum for action or omission regardless of howsoever caused. Where any such claim or potential claim arises, you agree to indemnify and hold harmless Quantum, its staff, officers, servants, agents, directors, consultants, and employees.
SECURE CERTIFICATES
Each of the SECURE CERTIFICATES mentioned above is licensed, not sold.
1. GRANT OF SECURE CERTIFICATE LICENSE
The End-User License Agreement grants you the following: Installation of Secure Certificate by Quantum on a Quantum Server. Your Certificate License via Third Party is good ONLY for ONE domain name and for only 1-year unless specified by the license.
If you, the Customer, are initially hosted on a Quantum server and then move to a non-Quantum server without a 30-day notice to Quantum, Quantum makes no warranties or claims as to the compatibility or functionality of the certificate on a different server and will not be held responsible for any loss the website or customer may have. Any damages concerning Secure Certificates will be limited to a total of $15.00.
If you, the Customer, notify Quantum with a 30-day notice that you intend to change servers to a non-Quantum server, Quantum will work with you and make every effort to assist in a smooth transition for your website and software functionality (nominal fees may apply) as the certificate may need to be reissued for a different type of server in order for it to run properly.
2. COPYRIGHT
Quantum or its suppliers own all titles and copyrights in and to all of the SOFTWARE PRODUCTS, not third party licensed that are listed above (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into any of the SOFTWARE PRODUCTS, not third party licensed listed above), any accompanying printed materials, and any copies of any of the SOFTWARE PRODUCTS listed above. These SOFTWARE PRODUCTS are protected by the United States copyright laws and international treaty provisions. Therefore, you must treat these SOFTWARE PRODUCTS like any other copyrighted material. Title, ownership rights, and intellectual property rights in and to the content accessed through any of the SOFTWARE PRODUCTS listed above are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content or the use of such content except as outlined herein. You will under no circumstances purport to claim any ownership over any of the SOFTWARE PRODUCTS listed above or any of the content/text/logos/images therein, and shall not in any way rebrand, redesign, or modify any of the SOFTWARE PRODUCTS listed above other than for a single-use on a site to graphically enrich the site or add content specific to that domain which is registered.
3. FAIR USE
At its sole discretion, Quantum may communicate via any form and without limitation that you are a user of any of the SOFTWARE PRODUCTS listed above. You are not an owner of any software that is used on your site.
Any software that Quantum may install or supply on your website is owned by Quantum or a third party and you have the ability to use it because it is licensed to Quantum whereby Quantum can give you the permission to use it under its license and terms of that use which has been stated herein. You also agree to release your site information (Site name, Site URL www.yourdomainname.com, contact details, etc.
You further agree not to remove, alter or make non-visible by changing the color or the type of link to blend into your background or background color on your website where the COPYRIGHT, POWERED BY or DESIGNED BY or any combination thereof, line with the QWDServices.com/Quantum link located in the footer or bottom area of the website Developed & Designed by Quantum.
4. LIMITED WARRANTYNO WARRANTIES.
Quantum expressly disclaims any warranty for any of the SOFTWARE PRODUCTS listed above. All of the SOFTWARE PRODUCTS listed above and any related documentation are provided "AS IS" without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or no infringement. The entire risk arising out of use or performance of any of the SOFTWARE PRODUCTS listed above remains with you, the End-User to whom a user license is granted. If any liability is found to exist, to the extent permitted by law, Quantum's liability will be limited to $5 or the purchase of one license of the software, whichever costs less.
5. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
In no event shall Quantum or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any of the Quantum Software Products listed above, even if Quantum has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Where the exclusion or limitation of liability for consequential or incidental damages does not apply, you are not licensed, authorized, or permitted to use any of the SOFTWARE PRODUCTS listed above under any circumstances.
6. MISCELLANEOUS
If you buy a software product license as described above in the United States or outside of the United States, this End-User License Agreement is governed by Texas's laws. Should you have any questions concerning this End-User License Agreement, or if you desire to contact Quantum for any reason, please contact Quantum Web Development & Services, LLC by Phone at our Office: 512-943-6262, Direct: 512-775-3893; via our Website: www.QWDServices.com or by Email:
INDEMNIFICATION:
1) Customer shall defend, indemnify and hold harmless QWDS, its affiliates, owners, shareholders, officers, directors, employees, agents, and assigns from and against all lawsuits, claims or actions, threatened claims or actions, liabilities, demands, judgments, injuries, losses, costs, and expenses, including but not limited to reasonable attorney’s fees, relating to or arising from:
i. the use of the Internet Services or the Internet in general or the placement or transmission of any message, information, software or other materials or content on the Internet by Customer or its authorized users;
ii. willful misconduct or negligent acts of Customer, its authorized users, agents, or contractors in connection with the terms herein;
iii. infringement of any patent, trademark, copyright, or any other proprietary rights arising from or relating to the use of any equipment, software, including but not limited to domain names, images, logos, etc..., or system used by the Customer; and
iv. for any outage in service provided by QWDS as a result of viruses, hardware failure, software failure, or for any reason whatsoever; and the violation of any Laws or other regulations
2) QWDS, nor its affiliates, will not guarantee results to the Customer of any type of advertisement including search engine work made on behalf of the Customer and as such will be held harmless from any claims or actions, threats, liabilities, demands, judgments, injuries, losses, costs and expenses resulting from any national or local advertisement that QWDS and/or its affiliates provide to create traffic to the Customer's website.
3) QWDS will not be held liable or responsible in any way for any of its affiliates or its assigns, representatives, or employees of said affiliate the following: actions, promises, understandings, advertisements, the product provided by the affiliate to Customer, or agreement in writing or verbally that any affiliate or its assigns, representatives or employees may have with the Customer.
4) Except as specifically stated in these Terms and Conditions, Licensing Agreement, and the Privacy Policy, or elsewhere on our website, or as otherwise required by applicable law, neither Quantum nor its directors, employees, licensors, content providers, affiliates, or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. Quantum uses reasonable efforts to ensure the accuracy, correctness, and reliability of the Content, but we make no representations or warranties for its accuracy, correctness, or reliability. There may be links to other websites from the Quantum website; however, these other websites are not controlled by Quantum. We are not responsible for any such website content or any loss suffered by you using such websites. You waive all claims against Quantum regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
5) Maximum liability to QWDS for any incident or issue, no matter the cause, will not exceed $15.00.
GOVERNING LAW & VENUE
This Agreement shall be interpreted, construed, and governed by the laws of the state of Texas, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. The venue for all disputes arising under this Agreement shall lie exclusively in state or federal courts located in Tarrant County. Each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Quantum shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief if, in the opinion of Quantum, such action is necessary or desirable. No action of Quantum, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible, this will not affect any other clause, and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, Licensing Agreement, the Privacy Policy, prices, information, and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Quantum and you relating to your use of this website. VALIDITYIf any part of this agreement is found void and unenforceable, it will not affect the validity of the agreement's balance, which shall remain valid and enforceable according to its terms.