The following documents are incorporated into this User Agreement by reference:
Quality Technology Services Acceptable Use Policy: http://www.qualitytech.com/home/acceptable-use-policy
Uniform Domain Name Dispute Resolution Policy: http://www.icann.org/dndr/udrp/policy.htm
Domain Registration / Transfer Policy: http://www.tucowsdomains.com/topic/transfer-of-domain-registration/
This user agreement, the documents set forth above, and any other services terms (collectively, the "Terms," this "Agreement," or the "User Agreement") describe the terms and conditions on which 4t Networks, Inc. ("we" or "4t") offers a user ("Customer" or "you" or "your") access to our Web Hosting Service (.Service.). These terms and the associated Operating Rules published over the Service constitute the entire and only Agreement between 4t and you (including your designated users) with respect to the Service and supersede all other communications and agreements with regard to the subject matter hereof. If you have a question about this Agreement, please contact us by sending e-mail to firstname.lastname@example.org.
Not withstanding any acknowledgment of your purchase order by 4t, any provision or condition in any purchase order, voucher, or other memorandum of yours, which is in any way inconsistent with, or adds to, the provisions of this agreement is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of this Agreement. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect.
4t may amend, modify, or update this Agreement at any time in its sole discretion, and Customer shall be bound by any such amendment, modification or update. 4t may, but is under no obligation to, provide notice of any amendment, modification, or update of this Agreement. Any modification is effective on the earlier of two days after posting on 4t's website or two days after the sending of a notice by 4t to Customer by email or conventional mail. If any material modification to this Agreement is unacceptable to you, you may terminate your subscription. However, if you do not terminate the Agreement, or if you continue to use the Services following effectiveness of the modification, your continued use will mean that you have accepted that modification. 4t reserves the right to amend its service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.
Your use of the Service signifies your acceptance of the Terms of this Agreement.
You expressly agree that use of the service is at your sole risk. Neither 4t nor any of its providers, licensors, employees, or agents warrant that the service will be uninterrupted or error free, not does 4t or any of its providers, licensors, employees, or agents make any warranty as to the results to be obtained from using the service. Neither 4t, nor anyone else involved in creating, producing, or delivering the service shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of use of the service or inability to use the service or out of any breach of warranty.
You will, at your own expense, indemnify, defend and hold 4t and our subsidiaries, affiliates, officers, directors, agents, and employees harmless from and against any loss, cost, damages, liability, or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement, misuse or misappropriation based on information, data, files or other content submitted by you to us; (b) any fraud, manipulation, or other breach of this Agreement by you; (c) any third-party claim, action or allegation brought against 4t arising out of or relating to a dispute with you over the terms and conditions of an agreement or related to the purchase or sale of any goods or services; (d) your violation of any law or the rights of a third party; or (e) your use, or 4t's provision, of our services or use of your account by any third party. 4t will have the right to participate in its defense and hire counsel of its choice, at your expense. You will not settle any action or claims on 4t's behalf without the prior written consent of 4t.
At our discretion, we may immediately issue a warning, temporarily suspend, or terminate your registration, and delete information you have provided us if you breach any provision of this Agreement. This Section does not limit any other remedies that may be available to 4t.
4t may refuse our services to anyone at any time, in our discretion. 4t reserves the right to discontinue, temporarily or permanently, any or all of our services to anyone at any time, with or without notice. For paid services, 4t will refund you amounts it has charged you for each whole month of prepaid service for which 4t refused or discontinued services, as such amounts are determined by 4t, only if (i) 4t exercises its right to refuse service or discontinue under this section, and (ii) you have prepaid for the refused or discontinued services. 4t shall not be liable to you or any third-party for any termination of your access to the Hosting Service except as set forth herein.
You shall pay, in accordance with the provisions of the Hosting Plan selected by you, your monthly fees, including charges for resource consumption in excess of your allowances and all other charges requested or approved by you or your designated users at the rates in effect for the billing period in which those charges are incurred. You shall be responsible for the payment of all applicable taxes related to use of the Service by you or your designated users. You shall be responsible for all use of the Service accessed through your or your designated user's password(s). All payments are in US Currency.
Charges for the services provided under this Agreement will be accumulated and identified by customer ID. The monthly fee for the next month's service and resource usage fees in excess of the allowance for the prior month's service will normally be invoiced seven (7) days prior to the first day of the billing period for which the service is provided. Terms of payment on all charges are due in advance by the first day of your billing period. If any payment due hereunder is not made by you within a twenty one (21) day grace period after the first day of your billing period 4t may, at its sole discretion and without notice to you or your designated users, (a) suspend its performance under this agreement and you or your designated user's access to and use of the Service, or (b) terminate this agreement and you or your designated user's access to and the use of the Service.
Unless otherwise agreed, your right to use the Service or to designate users is not transferable and is subject to any credit limits established by 4t or by your credit card company if billing is through a credit card.
You agree to pay any and all license fees directly to the appropriate third parties for using client software to access data or files on the service and will not hold 4t responsible for payment.
4t shall not disclose to any third party any of your account information unless the information is already disclosed to the general public by you or unless requested by government authorities in accordance with proper legal procedures.
You understand that the use of remote access technologies such as Telnet, SSH, or other access methods by you or anyone on your behalf imposes a responsibility to ensure that the access method is only used for your benefit, and that only your files and data may be accessed using the access method, and that such usage must be for a legal purpose that relates to your web site, and that any violation of this understanding will subject your to suspension or termination from the Service under the terms of this agreement.
If 4t assigns Customer an Internet Protocol ("IP") address for Customer's use, the right to use that IP address shall belong only to 4t, and Customer shall have no right to use that IP address except as permitted by 4t in its sole and absolute discretion in connection with the Services, during the term of this Agreement. 4t shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by 4t, and 4t reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Customer is solely responsible for making backup copies of the Customer's data outside of the 4t infrastructure.
Use of our services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting the foregoing, our services are not available to minors. Our services are not available to parties whose use of our services has been suspended or terminated. By accepting this Agreement, you represent that (a) you are eighteen (18) or older and, if applicable, (b) you are authorized to sign for and bind the corporation, partnership or other legal entity that will be using our services.
You will comply with all applicable laws, statutes, ordinances and regulations in your use of our services.
This agreement is, and shall be governed by and construed in accordance with the law of the State of Georgia applicable to agreements, made and performed in Georgia and any venue shall be in federal or state courts in Gwinnett County, Georgia, USA. Any cause of action of you or your designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
4t recognizes that all data and files placed on the host server by you consists of intellectual property that is owned by you or other third parties. 4t may at times need to access this intellectual property for maintenance and administrative purposes but agrees not to use the property or disclose its contents to other parties without your written consent.
You recognize that through the use of the service you may gain access to intellectual property owned by 4t or other third parties and agree not to use this intellectual property or disclose its contents to other parties unless authorized in writing by the owner of the property.
If you are a copyright holder who believes that 4t's service is hosting infringing copies of your work, please let us know. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), our designated agent for notice of alleged copyright infringement appearing on our site is:
4t Networks, Inc.
300 Satellite Blvd.
Suwantee, GA 30024
Email Address: email@example.com
To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The information that you should provide to us includes the following:
a) an electronic or physical signature of the copyright holder or a person authorized to act on behalf of the copyright holder;
b) a description of the copyrighted work that is claimed to have been infringed;
c) the location on our web site of the material that you claim to be infringing;
d) your address, telephone number, and email address;
e) a statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g. fair use); and
f) a statement by you, made under penalty of perjury that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.