Quantum Services Group, LLC. Acceptable Use Policy
qsgit.com (hereafter referred to as Quantum Services Group, we, us or our) is dedicated to providing its customers (hereafter referred to as Customer, you, or your) with an all-round top quality service, while at the same time satisfying our legal and ethical responsibilities. To this end, we have set out below our Acceptable Use Policy (AUP). Our AUP is incorporated into our Terms of Service (TOS) and any other contracts we have with you by this reference. Terms not defined in this AUP have the meaning given to them in your agreement with us (TOS)
We reserve the right to make changes to this AUP at any time. If we make a change that materially impacts your ability to use the Services, you may terminate the affected Services without penalty. The most recent version of the AUP can be found on our website at https://qsgit.com/legal
Failure to abide by the terms of this AUP shall be grounds for immediate account suspension or termination, in some cases without notice, and forfeiture of all fees paid. Please note that the evolving nature of the Internet prevents us from including in this AUP all possible unacceptable uses of the Services. We reserve the right to determine, in our sole discretion, what activities are unacceptable.
It is your responsibility to ensure that your End Users comply with the terms of this AUP. Your failure to do so constitutes a violation of this AUP.
To report suspected abuses or any violations of these policies, please contact our abuse department at https://qsgit.com/contact
The AUP contains three sections:
- Provisions for All Customers
- Provisions for Shared Hosting Customers Only
- Provisions for Dedicated and VPS Customers Only
A. PROVISIONS FOR ALL CUSTOMERS
1. Illegal Usage
Quantum Services Group servers may be used for lawful purposes only. Transmission, storage, presentation or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. Examples of such violations are provided below. This list is intended as a guide for you and your End Users, and does not represent all possible unlawful uses of the Services.
- obscene speech
- promoting violence or injury
- using defamatory, threatening or abusive language
- gambling, or similar activities such as HYIP (High Yield Investment Programs), Ponzi schemes or pyramid schemes
- online pharmacies
- violations of U.S. export control laws
- violation of intellectual property rights of others
- forging, misrepresenting, omitting or deleting message headers, return mailing information, or internet protocol addresses to conceal or misidentify the origin of a message
- creating or sending Internet viruses, worms or Trojan horses, flood or mail bombs, or engaging in denial of service attacks
- hacking, and/or subverting, or assisting others in subverting, the security or integrity of Quantum Services Group’s services or systems
- acting in any manner that might subject us to unfavorable regulatory action, any liability for any reason, or adversely affect our public image, reputation or goodwill, as determined by us in our sole and exclusive discretion
- soliciting the performance of any illegal activity, even if the activity itself is not performed
- directly facilitating violation of a law or regulation and/or instructing others in prohibited activities
2. Unsolicited Commerce Email & Material – SPAM
The only email marketing activities allowed under this AUP are those compliant with the CAN-SPAM Act. We strongly encourage you to familiarize yourself with this act before engaging in any email marketing activities using our services. Please note that activities permitted under the CAN-SPAM Act can still be violations of this AUP for other reasons, and may result in immediate suspension or termination of your account, without notice, as determined by us in our sole discretion.
Spam is strictly prohibited under this AUP. Violations of our spam policy shall result in a minimum $200 fine and possible termination and/or suspension of your account or Services. We reserve the right to determine, in our sole discretion, what constitutes a violation of this spam policy, but include the following as a guide: unsolicited or unauthorized advertising and promotional materials such as “junk mail,” “instant messaging,” “chain letters,” or “pyramid schemes.” An electronic message is “spam” IF: (1) the recipient’s personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender.
The sending of Unsolicited Bulk Email (UBE) from another service provider advertising a web site, email address or utilizing any resource hosted on Quantum Services Group’s servers, is also prohibited. All bulk e-mail must be solicited, meaning that the sender has an existing and provable relationship with the e-mail recipient and the recipient has not requested not to receive future mailings from the sender. Documentation of the relationship between the sender and the recipient must be made available to Quantum Services Group upon request. Quantum Services Group accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider. Running Unconfirmed Mailing Lists Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Quantum Services Group customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3rd parties for mailing to or from any Quantum Services Group-hosted domain, or referencing any Quantum Services Group account, is prohibited.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is also prohibited.
This AUP also prohibits any actions that compromise our system and/or network security, the security of our customers, and that of the Internet generally. We reserve the right to immediately suspend or terminate your account, without notice, as a result of such actions by you or your End Users. You may also be exposed to criminal and civil liability based on your actions. Examples of such actions include, but are not limited to, unauthorized access, use, probe, or scan of a system security or authentication measure, data or traffic; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
You are aware that the Internet can be an insecure environment, and are responsible for ensuring the security of your data, passwords, username and confidential information.
4. Copyright Infringement
Quantum Services Group is registered with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (DMCA). If you feel that your site has been copied by one of our customers or an End User, in such a way that could violate the DMCA, you must provide us with proper notice of such infringement. The DMCA sets forth very specific guidelines of what your notice must contain. These guidelines are available here: http://www.copyright.gov/title17/92chap5.html#512
Our designated agent for receipt of notices pursuant to the DMCA is:
Quantum Services Group, LLC.
DA: Abuse Division Manager
Attn: Legal Reports
1030 Doris Road, Suite 100
Auburn Hills, MI 48316
You shall not, and your End Users shall not, use our services to violate the intellectual property rights of others, including, but not limited to, copyright, trademark, trade secret and patent rights. You shall not, and your End Users shall not, use our services to violate the recognized rights of others, including, but not limited to, acts that defame, harass, abuse or threaten others.
6. Child Pornography, Child Erotica and Bestiality
Use of the Services to disseminate or display images classified under U.S. law as child pornography, child erotica and/or bestiality is strictly prohibited. We shall immediately terminate the accounts of any customers and/or End Users who are using the Services in this manner, and report them as required by law, without prior notice. Further information about child pornography may be found at http://www.ncmec.org
7. U.S. Export Laws
Use of the services by you and/or your End Users is governed by U.S. export control laws. These laws apply regardless of whether you and/or your End User actually reside in the United States. You may not use our services in violation of these laws, or to conduct business with third parties from sanctioned countries. More information about U.S. export laws may be found at: http://www.export.gov/exportcontrols.html
8. IP Addresses
We own the IP numbers and addresses that may be assigned to you pursuant to your use of the services. These addresses may not be assigned or transferred, and are recycled upon termination of the services. We reserve the right to change these numbers. We are required to comply with the American Registry of Internet Numbers ,”ARIN”, policies and procedures regarding IP addresses. You may not terminate your Services should a change in ARIN policy affect your use of the Services.
9. Customer’s Responsibilities
You are responsible for ensuring that materials disseminated or posted using our services comply with this AUP and relevant laws, including materials that have been posted by third parties. We do not review, edit, censor, or take responsibility for any information customers or End Users may create. Therefore, we cannot accept any responsibility from customers, users of our services through third parties, or third parties, that results from inaccurate, unsuitable, offensive, or illegal content or transactions.
Use of our service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use of the services. Customer agrees that he or she has the knowledge and skills necessary to properly use the Services. It is not our responsibility to provide such knowledge or skills beyond our commitment to support your use of our servers as set forth in the TOS.
Your violation of any of the terms of this AUP may result in immediate suspension or termination of your account, without notice. We are the sole arbiter of what constitutes a violation of this AUP.
Upon learning of an alleged violation, we shall initiate an investigation. During this time, it may be necessary to restrict your access to the Service to prevent further potentially unauthorized activity. If such violation could constitute a criminal offense, we may notify the appropriate law enforcement authorities.
Under no circumstances shall we issue credits for suspension of your Service because of an AUP violation. You agree to hold Quantum Services Group harmless from any claims that a suspension or termination of Services, for this reason, has damaged an End User.
11. Disclosure of Information
We may disclose information, including information that you and your End Users may consider confidential, in order to comply with a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. We have no obligation to inform customers or End Users that this information has been disclosed and in some cases may be prohibited by law from doing so. We also may disclose such information when it is necessary to protect us or others from harm.
12. Other Abuse
The use, and misuse, of our services changes over time. If we determine that your use of our services negatively impacts our ability to provide services to other customers, may subject us to liability, indicates your unfamiliarity with use of the services, or if you abuse our support staff, we may terminate your account.
13. Contact Information
On occasion, we may need to communicate with you by email about issues related to billing, service changes, additions and modifications to our network. It is your responsibility to provide us with a working, monitored, email address, and to update us on any changes to your account or contact information. We have no responsibility for communications misdirected as a result of your failure to provide us with correct contact information.
The provisions of this section also apply to all customers with shared hosting accounts:
You agree to restrict your use of the shared hosting services to the direct serving of web content over the HTTP protocol. Misuses include, but are not limited to, scientific/grid/distributed computing, data warehouse/backup storage, and bandwidth sinks. We shall determine, in our sole discretion, what constitutes a misuse of the shared hosting services. If you are unsure of an application’s fitness for the shared hosting services, you should consult with us before using the Services in that manner.
Any customer who uses an unacceptably high level of server resources, including, but not limited to, CPU time, memory usage, and network resources, must either: (a) pay extra for a dedicated server or semi-dedicated server, depending on the resources needed, or (b) reduce their use to an acceptable level. Our Resource Abuse Policy sets out these standards. We shall be the sole arbiter of what is considered a high vs. acceptable server usage level.
Shared hosting accounts cannot be transferred or used by anyone other than a customer. You may not sell, lease or assign the connection or parts of the connection to any party other than those named in our records. Allowing ftp access and hosting websites of End Users is not a violation of this AUP.
Shared web hosting accounts may not be used for distributing software or multimedia products. If you wish to distribute software and/or multimedia files, please contact firstname.lastname@example.org for permission.
Our web hosting accounts shall not be used to distribute and store an unusual amount of multimedia files. Multimedia files are defined as any graphics, audio, and video files. An unusual amount refers to any web site with disk space usage for storing the multimedia files exceeding 70% of its total usage, either in terms of total size or number of files.
We do not allow chat rooms on our shared hosting environments. We also do not allow proxy servers or scripts, torrent trackers or torrent clients to be run from our shared/reseller hosting servers, and will not register or install any third party DLLs/EXEs or software on our shared/reseller hosting servers.
The provisions of this section also apply to all customers with Dedicated and VPS accounts:
You are solely responsible for any breaches of security affecting the servers under your control. If your server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such an event, you shall be responsible for the cost to rectify any damage done to your server and any other requirement affected by the security breach.
You may not engage in activities designed to monitor Internet traffic other than your own. This means, that you may not monitor our Internet traffic, nor the Internet traffic of any other entity.
1. Background Running Programs
We do not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation.
We do not allow IRC server, IRC bots, or IRC shells to be operated on our network.
3. Domain Names
We will take necessary steps to register domain names on your behalf when requested. However, you are responsible for advanced authorization of renewals as well as associated costs. We do not take responsibility for failing to renew domain names. If your domain name was registered by us, you must check and take appropriate actions to renew your domain when it is about to expire. We do not handle renewals unless you send, within 7 days prior to its expiration, a ticket to our helpdesk.
1. Quantum Services Group’s Privacy Statement
Quantum Services Group’s services are for individuals over the age of eighteen. Quantum Services Group does not knowingly market to individuals under that age.
2. Third Parties May Have Different Privacy Policies from Quantum Services Group
3. Quantum Services Group complies with Safe Harbor Privacy Principles
4. How Quantum Services Group Collects Information
Depending on their use of Quantum Services Group’s services, Quantum Services Group collects information from Users in the following ways:
a. From Quantum Services Group’s web server;
b. Using temporary internet files such as cookies, transparent gifs, and other similar tools (Identification Tools); and
c. Directly from Users.
5. Information Quantum Services Group Collects from Web Server Logs
a. Internet protocol address;
b. The type of browser or computer used;
c. The number of links clicked within Quantum Services Group’s website;
d. The state or country from which our website was accessed;
e. The date and time of visit;
f. The name of internet service provider used to access Quantum Services Group’s website;
g. The web page visited prior to coming to Quantum Services Group’s website; and/or
h. The pages viewed on Quantum Services Group’s website.
6. Information Collected by Quantum Services Group Directly from Users
a. Registration Information:
b. Identification Tools:
Quantum Services Group may use automated Identification Tools like cookies and Google Analytics. Each of these Identification Tools work differently, however, they all collect information related to the website you came to Quantum Services Group from, a User’s operating system, browser type, where Users go on Quantum Services Group’s website, length of time on Quantum Services Group’s website, and where a User goes after visiting Quantum Services Group’s website. In addition, Identification Tools may keep Users logged into Quantum Services Group’s system. Because the technologies underlying Identification Tools differ, Users may, or may not, be able to choose not to provide information to them.
c. Support Information:
When Users contact Quantum Services Group for support for their services they will be asked to match certain information that is in their Registration Information. This information will be used to identify them personally. In the course of providing support to Users, Quantum Services Group may annotate the Registration Information with information disclosed while providing support (Support Information).
7. Security Monitoring
Quantum Services Group takes the security of its network very seriously. To ensure network security, data integrity and privacy, Quantum Services Group uses programs that monitor network traffic and access to its network. These programs collect information regarding User’s use of Quantum Services Group’s services, website and network (Traffic Information).
b. Specific Information:
2. Registration Information (described in paragraph 6) Quantum Services Group will use Registration Information throughout its business and will pass Registration Information on to third parties for processing and use as necessary to provide Quantum Services Group’s services to Users. Quantum Services Group requires these third parties to limit their use of Registration Information to those uses that facilitate providing Quantum Services Group’s services to Users.
4. Support Information (described in paragraph 6) Support Information may identify Users individually. In addition to providing support to Users, Quantum Services Group may disclose Support Information to third party vendors in order to provide the support requested by the User. These third parties may disclose and use Support Information to improve their business processes and for marketing. Unless necessary to provide support to Users, Quantum Services Group will not disclose Support Information containing information that identifies Users individually to these third parties. During a support request, Users may request that Quantum Services Group not disclose Support Information to third parties. This request will prevent Quantum Services Group from providing support to Users.
5. Traffic Information (described in paragraph 7) Traffic Information may identify Users individually. Quantum Services Group will only use Traffic Information to ensure the integrity of its network, and for no other purpose. Traffic Information may be disclosed by Quantum Services Group to comply with its legal obligations and to law enforcement upon when obligated to do so.
9. How Quantum Services Group Protects your Information
Quantum Services Group uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. Quantum Services Group uses security measures including and not limited to: firewalls, nonpublic facing systems, complex passwords, anti-virus, and mitigation and detection software. When Quantum Services Group asks Users to provide financial information (such as a credit card number) that data is protected using Secure Sockets Layer (SSL) technology. Electronic communication (for example: email, online chat, or instant messaging) that Users may send Quantum Services Group may not be secure unless Quantum Services Group advises a User in advance that security measures will be in place prior to transmitting the information. Users should not send confidential information such as financial information, social security numbers or passwords to Quantum Services Group through unsecured electronic communication.
You may also contact us in writing at:
Quantum Services Group 1030 Doris Road, Suite 100, Auburn Hills, MI 48326
Quantum Services Group, LLC. Resource Abuse Policy
This Resource Abuse Policy (RAP) applies to you if QSG IT (hereafter referred to as Quantum Services Group, we, us or our) is providing Service to you and your account is in good standing. Terms not defined in this RAP have the meaning given to them in your agreement with Quantum Services Group.
2. Resource Usage
Any website on our shared servers that uses a high amount of server resources (CPU, memory usage, and network resources) will be given an option to pay for a dedicated server. The abuse and misuse of shared system resources is a serious problem. Accounts on a shared server must share resources with other users so we must limit how much of the CPU and memory that can be used by any one account.
Any questions about our abuse policy may be answered by opening a ticket with our abuse division. You may email email@example.com.
3. Average Server Resource Limits
Memory usage may not exceed 10% per domain/file/application
- CPU usage may not exceed 30% per domain/file/application
- Apache connections may not exceed 100 simultaneous connections
- MySQL connections may not exceed 15 user connections
- 250 emails per hour, per domain user not to exceed 1000 emails per day per domain user.
There are special exceptions to these rules to be determined at the time we discover abuse. There are different combinations of usage that can create problems and other special cases. At any given time a server is unstable and an account is found to be the cause, we reserve the right to suspend the account to keep the server online and operating normally. If the usage is an increasing trend, we recommend the user invest in a dedicated server so the website can grow at a normal rate without restriction.
In the event your website has been suspended for resource abuse (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to upgrade to a dedicated server to accommodate your site needs, we will release the suspension no sooner than 24-48 hours following the suspension. This is to ensure the CPU intensive site slows down in traffic to avoid further damage and problems. A backup will then be provided of your files or you will be allowed FTP/SFTP access for a certain time period. Any questions about our abuse policy may be answered by opening a ticket with our abuse division. You may visit the helpdesk by clicking here.
Accounts on any shared hosting account may not have an excessive number of inodes. Any account found to have over 100,000 inodes may be removed from our backup system to prevent overload. Any account seen to be exceeding 250,000 inodes is at risk for suspension. A warning will be sent and if no action is taken to resolve the issue, the account may be suspended. Every file on the account is counted as 1 inode. This includes mail as well as webpage content.
We allow customers to set up cron jobs to perform routine functions automatically. Any client who schedules cron jobs in such a manner that jobs take more then half the time to complete before the next scheduled iteration, and more frequently then 10 minutes is abusing the cron system. Any automated processes that excessively consume resources and impact server stability may be disabled at our discretion by our technicians.
7. VPS Services
In order to control the VPS hardware node and to ensure that no single VPS account monopolizes the shared hardware resources of the VPS node (CPU/RAM) we use assigned limits to implement certain controls. VPS services are cutomised per client order and requirements.
VPS Memory Limits
We strictly limit the amount of RAM that each VPS is given in accordance to the ordered VPS instance. With any account, your account may only use the amount of RAM which is guaranteed to your VPS.
VPS CPU Limits
Our VPS instances offer an equal share of CPU from the hardware node. The allocation will be provided in cores and applicable to the service level or count requested.
qsgit.com, LLC reserves the right to suspend, without prior notice, any VPS account which is causing the main hardware node to crash. Quantum Services Group will, in this case, send an abuse notice once the offending VPS account has been suspended.
Quantum Services Group, LLC. Service Level Agreement
This web site availability Service Level Agreement (SLA) applies to you if QSG IT (hereafter referred to as Quantum Services Group, we, us or our) is providing Service to you and your account is in good standing. Terms not defined in this SLA have the meaning given to them in your agreement with Quantum Services Group.
Quantum Services Group endeavors to have network connectivity available by http access by third parties greater than 99.99% of the time (Web Site Availability).
In the event that there is no Web Site Availability, Quantum Services Group will credit your account with the monthly Fee for the Service as calculated below and as measured 24 hours a day in a calendar month. The maximum credit will not exceed the monthly Fee for the month during which Quantum Services Group does not meet the Web Site Availability
In order for you to receive a credit, you must request the credit within seven business days after you experienced Web Site Unavailability. Web Site Unavailability means: your web site is not responding to http requests, or unavailable via the http protocol. You request credit by sending a request to our billing department through our helpdesk (firstname.lastname@example.org). The message must originate from the primary email we have in our records for you, and contain your domain name, the dates and times of the unavailability of your web site, and any other customer identification requested by Quantum Services Group. Credits will typically be applied to your account within sixty days of your credit request. This credit is your sole and exclusive remedy for our failure to meet the Web Site Availability SLA. The statistics generated by our internal monitoring services are the final determination of the uptime of our service, and not any one client’s experience.
Credits will not be provided to you in the event that you have no Web Site Availability because of: (i) scheduled maintenance, (ii) your behavior or the performance or failure of your equipment, programs or applications, or (iii) circumstances beyond Quantum Services Group’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, DDoS attacks (distributed denial-of-service), unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for the Services.
Quantum Services Group does not restore your data to the server unless the service has been requested as a contractual item. We strongly recommend that you purchase backup options for your server, and keep copies of your data off-site with you for emergency purposes. If hardware failure and data loss occur due to the lack of backups, you the client, are responsible for data restoration. Quantum Services Group shall not be liable for loss of data under any circumstance.
Backup services are available as a contractual item. Backup services rendered under a contract agreement will be provided with industry standard methods on a minimum basis of daily images with 14 day retention. Additional options and service upgrades are available upon request to increase frequency or length of retention.
Hardware replacement will occur as soon as possible after you have reported a problem. In order to reduce replacement hardware downtime, we keep a certain quantity of pre-built systems on hand to swap out hard disks so that your server can be back up in the shortest amount of time. For hard disk failures, we keep pre-installed drives with our standard partitioning for immediate deployment. In order to request a SLA hardware violation credit, you must contact our sales department through our helpdesk. SLA violations will be reviewed by our personnel Monday – Friday 9AM to 5PM EST.
Quantum Services Group, LLC. Terms of Service
This Agreement sets forth the terms of Your agreement to purchase voice, colocation, hosting, and/or data services (“Service”) provided by “Quantum Services Group” or “QSG” under a term plan according to prices, quantities, terms and conditions set forth herein and in Your Order Form (“Order”). As used herein, (“You”) or (“Your”) refers to the customer.
Rates. – Monthly Recurring Charges (“MRCs”), usage charges and Non-Recurring Charges (“NRCs”) are based on term plan rates and fees in effect at the time Service is ordered, as set forth on the Order, plus any applicable taxes and fees imposed by law.
Term and Expiration. – The terms of this Agreement become effective upon execution. Your Service term begins at the time Service is activated. Service activation occurs once the Service is available for use by You. Upon expiration of the initial Service term, this Agreement will automatically renew for a term equal to that stated in the Order, unless properly terminated pursuant to the terms stated herein.
Term Plan Change. – Prior to the completion of Your Service term, You may renew Your Service term or change to a different Service term without incurring early termination charges, provided the new Service: (i) is for an equal or greater number of circuits / services than the number ordered herein, (ii) the new Service MRC is higher, and (iii) You receive written approval from an authorized Quantum Services Group representative authorizing the term plan change.
Installation and Move. – You must have Your phone/data vendor on site during the actual service conversion/porting. Quantum Services Group will not commence conversion/porting without a phone/data vendor present. If the porting date is rescheduled by You or Your vendor, a fee may apply. You are responsible for connecting Quantum Services Group internet service to Your data network. Router equipment provided by Quantum Services Group is unmanaged and will remain the property of Quantum Services Group. You must provide a grounded electrical outlet for installation of equipment. Integrated and analog circuits are loop start. By entering into this Agreement, You affirm that Quantum Services Group is authorized by the property owner of the installation site to install the necessary devices to provide the Service to You and that You will cooperate with Quantum Services Group to coordinate and gain whatever approvals and rights of access may be necessary to provide the Service to You. Quantum Services Group will not be responsible for demarc extension or inside wiring charges. In the event that You move Your Service to a new location, You will not incur early termination charges provided that: (i) termination of the old circuit and installation of the new circuit are ordered to occur concurrently; (ii) the Service at the new location is for an equal or greater Service term; (iii) the new MRC is equal to or greater than the MRC at the former location; and (iv) You receive written approval from an authorized Quantum Services Group representative. You may be charged NRCs for the new location and for any NRCs or installation charges at the former location that were previously waived.
Credit Approval, Billing & Payment. – You agree to allow Quantum Services Group to conduct a credit check. Service installation is contingent upon You having a satisfactory credit history. Billing for services will begin as of the initial scheduled port/install date and billing accrues through and includes the day that the Service is discontinued. For collocation services, billing will occur as soon as electricity is installed and available for use in Your cabinet. If service is disconnected by Quantum Services Group in accordance with these policies and is later restored, restoration of service will be subject to all applicable restoration and installation charges. If You have an open balance that is owing past the due date and which has not been disputed Quantum Services Group may apply late charges each month equal to 1.5% of the total outstanding amount “not including current activity”. If You have an open balance that has not been disputed which is past due for a period of 60 days or more, Quantum Services Group may cancel Your service and continue to collect on the amount then owing. For collocation customers, if service is cancelled by Quantum Services Group for non-payment, Quantum Services Group may withhold all equipment located in Your cabinet(s) until payment is made in full. This remedy shall be in addition to any remedy contained herein or implied by law and shall not constitute an election of remedies or a waiver of any remedies available at law or in equity. Quantum Services Group charges a fee of $5 per month for the delivery of paper invoices. For Paperless Billing, E-mail: email@example.com and include Your name and account number.
Billing Disputes. – If You dispute a term or amount on an invoice, You must do so in writing within 30 days from the invoice date. Disputes must be sent in writing to: E-mail: firstname.lastname@example.org, Fax: (248) 247-3901, Address: 1030 Doris Road Suite 100, Auburn Hills MI 48326. Disputes must be reasonable and made in good faith. You must pay the portion of Your bill that is not in dispute. If You pay the amount of the invoice that is not in dispute this will not be deemed to constitute acceptance of the portion of the invoice that is in dispute.
Tariffs. – In the event of conflict or discrepancy between provisions of this Agreement and provisions of the applicable tariff, the provisions of the tariff will prevail.
Fraudulent Activity. – You agree to pay for all charges for international, local, and long distance calls, including but not limited to those placed by You or Your customers, and those that are a result of fraudulent activity, fraudulent international calling, or a compromise of Your system’s security resulting in increased consumption of Services. In addition, You agree that Quantum Services Group is not responsible for the security of Your company’s network equipment and You agree to pay for all bandwidth consumption charges and expenses that are a result of fraudulent activity or a compromise of Your network or equipment that is not the fault of Quantum Services Group.
Acceptable Use Policy. – Quantum Services Group will impose an Acceptable Use Policy (the “AUP”) regarding Your use of the Service. For all other terms and conditions relating to the Service, the AUP will control. You agree to fully abide by the AUP and impose its policies on Your customers to the extent necessary to ensure compliance. If there is a conflict between the Terms and Conditions and the AUP, the Terms and Conditions shall control. A copy of the AUP can be found on https://qsgit.com/legal
SLA. – Quantum Services Group will provide the Service to you in accordance with its standard Service Level Agreement (the “SLA”). The parties agree to incorporate Quantum Services Group’s SLA into this agreement. A copy of the SLA can be found at: https://qsgit.com/legal
Early Termination. – Termination After Service Activation. In the event that You terminate the Service in whole or in part after Service activation but prior to the expiration of the term plan (except as otherwise permitted in this Agreement), You will be liable for an early termination charge calculated as: the MRC times the remaining months of the Service term times seventy five (75%) percent. In addition, upon early termination, if installation or NRCs were waived, those charges may be charged back to You. If Service is provided via Fiber Optic Facilities, Wireless Facilities, or Dedicated Ethernet Network Access, Your liability for early termination will be equal to one hundred percent of Your MRC for the Service times the remaining months of Your Service term plus, if any NRCs or installation charges were waived, those charges may be charged back to You. All amounts owed shall be due immediately upon termination.
Early Termination. – Termination Prior To Service Activation. In the event that You terminate the Service in whole or in part prior to Service activation (except as otherwise permitted in this Agreement), You will be liable for an early termination charge calculated as: All costs incurred by Quantum Services Group in processing the Service, and all provisioning-related and/or installation-related costs incurred for the required equipment and facilities up to the date of termination (including but not limited to any termination/cancellation charges Quantum Services Group may be required to pay third parties due to the Service termination).
Notice of Termination. – Written notice of Your intent to terminate or not renew the Service must be received by Quantum Services Group a minimum of 30 days prior to the expiration or renewal of Your Service Term.
Regulatory and Legal Changes. – In the event of any change in applicable law, regulation, decision, service guide, tariff, rule, or order that materially increases the costs or other terms of delivery of Service, the parties agree to renegotiate the rates to be charged herein to reflect such increase in cost and, in the event that the parties are unable to reach an agreement respecting the new rates within thirty days of Quantum Services Group’s written notice requesting renegotiation, then (a) Quantum Services Group may pass such increased costs through to You, and (b) if Quantum Services Group elects to pass such increased costs through to You, You may terminate the affected Service without termination penalty by delivering notice of termination no later than thirty days after the effective date of the rate increase.
Property Rights. – Quantum Services Group owns all rights, title and interest in Quantum Services Group trade names, Service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of plans and of the hardware and software systems and resources necessary to provide the individual Service elements of which they consist. This Agreement does not constitute a license to You to use QSG’s trade names or Service marks.
Unlimited Calling Plans. – Non-RBOC Surcharge. UNLIMITED CALLING PLANS ARE SUBJECT TO VARIOUS LIMITATIONS AS SET FORTH BELOW. Quantum Services Group RESERVES THE RIGHT TO INCREASE YOUR MONTHLY FEE FOR UNLIMITED RATE PLANS AND/OR IMMEDIATELY TERMINATE YOUR SERVICE IF YOU ARE: TELEMARKETING, USING AUTO-DIALER EQUIPMENT, FAX BLASTING, OPERATING A CALL CENTER, INTERNET DIALING, USING PARTY LINES, RESELLING THE SERVICE, SHARING THE SERVICE WITH OTHER PARTIES OR SERVICE ADDRESSES WITHOUT THE EXPRESS WRITTEN APPROVAL OF Quantum Services Group, OR OTHERWISE ABUSING THE SERVICE OR VIOLATING THE TERMS AND CONDITIONS OF YOUR SERVICE. Quantum Services Group EVALUATES CUSTOMER USAGE IN COMPARISON TO OTHER SIMILARLY SITUATED CUSTOMERS. FOR EXAMPLE, OVER NINETY FIVE PER CENT (95%) OF Quantum Services Group’S UNLIMITED MICHIGAN CALLING PLAN CUSTOMERS USE LESS THAN TWENTY THOUSAND (20,000) MINUTES PER MONTH AND DO NOT HAVE ANY UNUSUAL CALLING PATTERNS. THEREFORE YOU AGREE THAT Quantum Services Group MAY CONCLUDE THAT YOUR UTILIZATION OF UNLIMITED MICHIGAN CALLING PLAN IS ABUSIVE IF IT EXCEEDS 20,000 MINUTES PER MONTH IN COMBINATION WITH ONE OR MORE OF THE FOLLOWING, INCLUDING, BUT NOT LIMITED TO, EXCESSIVE: (A) NUMBERS OF UNIQUE NUMBERS CALLED, (B) CALL LENGTHS, (C) FREQUENCY OF CALLS,(D) CALL FORWARDING/TRANSFERRING, (E) CONFERENCE CALLING, (F) SHORT DURATION CALLS, (G) CALLS MADE DURING BUSINESS HOURS, (H) NUMBERS OF CALLS TERMINATED AND RE-INITIATED CONSECUTIVELY, WHICH, IN AGGREGATE, RESULT IN EXCESSIVE CALL LENGTHS DURING A SPECIFIC TIME FRAME, OR (I) OTHER ABNORMAL CALLING PATTERNS INDICATIVE OF AN ATTEMPT TO EVADE ENFORCEMENT OF THESE TERMS OR OTHERWISE ABUSE THE SERVICE. YOU ACKNOWLEDGE THAT IF YOUR SERVICE IS TERMINATED UNDER THIS PROVISION, YOU ARE SUBJECT TO ALL APPLICABLE FEES AND TAXES STATED HEREUNDER. For flat rate telephone services, You agree to terminate at least eighty percent (80%), of Your total domestic usage in a billing month to the local exchange areas serviced by a Regional Bell Operating Companies (“RBOC”). If Your traffic in a billing month exceeds twenty percent (20%) terminating to a non-RBOC local exchange service area, Quantum Services Group will apply a surcharge of $0.030 per minute for the number of minutes that exceed twenty percent (20%).
Personal Property Taxes. – You will be solely responsible, where applicable, for paying local and state personal property taxes associated with Your equipment stored in a collocation facility rented or owned by Quantum Services Group. In the event that Quantum Services Group is required by a governmental authority to pay property taxes on Your behalf, Quantum Services Group will have the right to be reimbursed by You for such amount. You must reimburse Quantum Services Group within 30 days of written notice that a tax has been paid on Your behalf by Quantum Services Group.
For Intrastate Service: Except when Service is used solely as transport for Quantum Services Group switched local or access service(s), You acknowledge and certify that the interstate traffic (including Internet and international traffic) constitutes ten percent (10%) or less of the total traffic on any Ethernet, dedicated, or special access Service.
For Interstate Service: You acknowledge and certify that more than ten (10) percent of the traffic to be transmitted over the subject Service is and will be interstate in nature.
Partial Invalidity, Waiver. – If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, the remaining provisions will nevertheless remain in full force and effect. Quantum Services Group agrees to renegotiate in good faith any term that is held to be invalid. One or more waivers of a breach of the terms and conditions of this Agreement shall not constitute a waiver of any future breach thereof.
Applicable Law. Dispute Resolution. – This Agreement shall be subject to and governed by the laws of the State of Michigan. Any conflict between the parties hereto involving the construction or application of any of the terms, covenants, or conditions of this Agreement will, on the written request of one party served on the other be submitted to arbitration. The arbitration will comply with and be governed by the provisions of the Michigan Rules of Civil Procedure and Evidence and shall be conducted in the metropolitan Detroit, Michigan area. If the parties are unable to agree on the selection of a single arbitrator to try and hear the case, the parties will each select one qualified arbitrator who will then select a third arbitrator whose decision will be final and conclusive on both parties. The cost of arbitration will be borne in such proportions as the arbitrators decide.
Entire Agreement. Modifications. Authority. – This Agreement sets forth the entire Agreement and understanding between the parties and merges all prior discussion between them. This Agreement may not be modified except by the written consent of both parties. By entering into this Agreement You affirm that You are a duly organized, legally existing entity or duly authorized individual with authority to enter into this Agreement.
Risk of Loss. – At all times, You will bear the risk of any loss, damage or destruction, whether by fire, water damage, theft or other casualty for: (i) Your assets, equipment or property, (ii) property of Quantum Services Group which is located on Your property (whether leased or owned) or within Your care, custody or control, or (ii) Your property that is located within a space rented by You in a Quantum Services Group data center. You will be solely responsible for insuring Your property and filing insurance claims for losses associated therewith. If Quantum Services Group is aware of loss or casualty to Your property, Quantum Services Group will immediately notify You, stating the extent of loss or damage incurred and the cause, if known. Quantum Services Group shall bear the responsibility for insuring and shall bear the risk of any loss, damage or destruction of QSG’s assets, equipment or property that is not within Your care, custody or control.
Indemnification. – You agree to indemnify, defend, and hold Quantum Services Group harmless, as well as its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third- party Web site provider, from and against all claims, demands, actions, liabilities, losses, expenses, damages, judgments and costs, including attorneys’ fees, resulting from Your violation of this Agreement or the terms and conditions of service, misuse or abuse of the Service, or infringement thereof by You or Users of Your account. Quantum Services Group reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You. You must not in any event accept a settlement of any dispute relating to this contract without prior written consent of Quantum Services Group.
Telecommunications Service Priority. – (Where Applicable) Quantum Services Group may provide Telecommunications Service Priority (“TSP”) to You for a fee. TSP is a program that authorizes national security and emergency preparedness (NS/EP) organizations to receive priority treatment for vital voice and data circuits or other telecommunications services. In the event of an emergency circumstance, if You have TSP Service, Quantum Services Group may not be able to notify You in advance prior to undertaking additional expense on Your behalf to restore Your affected Service on a priority basis as a result of Your TSP enrollment. If You elect TSP Service, You agree in advance to pay for all charges reasonably incurred by Quantum Services Group to restore Your Service on a priority basis during an emergency circumstance as a result of Your TSP enrollment.
Transfers and Assignments. – You may not assign or transfer your rights or duties in connection with the Services and facilities provided by Quantum Services Group without the prior written consent of Quantum Services Group. All transfers of rights or duties herein, without the advanced permission in writing of QSG, shall be void and unenforceable as a matter of law. QSG may transfer or assign any or all of rights and/or responsibilities in connection with the Services.
Statute of Limitations. – YOU AGREE THAT ANY CLAIM AGAINST QSG, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE, MUST BE BROUGHT WITHIN 6 MONTHS OF THE DATE GIVING RISE TO THE CLAIM.
Limitation of Liability. – Quantum Services Group SHALL NOT BE LIABLE FOR ANY AND ALL: INDIRECT, INCIDENTAL, GENERAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY OR LOSS OF USE, EVEN IF YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AS A RESULT OF A BREACH OF THIS AGREEMENT, OR AN ORDER FORM OR TERM AND CONDITION OF Quantum Services Group. IN THE EVENT OF A BREACH OF AN OBLIGATION BY Quantum Services Group, YOUR DAMAGES SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE FOR THE PRECEEDING 3 MONTHS. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU AGREE TO ACCEPT THE SERVICE ON AN “AS-IS” NONWARRANTABLE BASIS. Quantum Services Group EXPRESSLY DISCLAIMS THE WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE PROVIDING OF GOODS AND SERVICES TO YOU.