Terms and Conditions
ANTI SPAM POLICY
Clients who send spam will find their accounts terminated immediately. We have no tolerance for spam. Any unsolicited mass email to people with whom you have no business relationship, or who have not opted-in, is spam. In order to opt-in, recipients must have requested receipt of your e-mails.
DID YOU RECEIVE AN UNSOLICITED EMAIL?
We do not tolerate spam in any form. We will immediately terminate the account of any customer who sends unsolicited email messages. Please report any suspected abuse to firstname.lastname@example.org. ISPs and Blacklists administrators may contact us at email@example.com. Please forward the complete e-mail in question, including headers. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.
ARE YOU A BLACKLIST ADMINISTRATOR OR ISP THAT HAS RECEIVED A COMPLAINT?
We value our relationships with leading ISPs and blacklist administrators. We take spam seriously, and strive to share current information, policies and procedures in the industry to fight spam. If you have received a complaint, or if you would like to contact us to discuss spam related issues, please e-mail firstname.lastname@example.org.
FOR OUR CUSTOMERS
All users of our software must agree to only sending permission-based email newsletters as part of agreeing to these Terms and Conditions upon signup. All recipients sent to must have opted-in to receive communications from you. If you have not gotten this permission, you are spamming them.
Customers may opt-in by signing up on a website form, by filling out a form at the point of sale, or on a physical sign-up sheet. Opt in forms need to include information on what will be sent, and how often information will be sent. We do not permit the use of purchased lists to send emails, regardless of verification of opt-in status provided. No opt-in website form may use a pre-checked box as proof of opt-in status. Additionally, even if your contact has opted in for one list, you are not allowed to add their name to other lists. Each list requires specific opt-in permissions. Any 'unsubscribe' requests must be immediately removed from your list. The opt-in status of your recipients must be re-confirmed every six months.
You may only send emails to a party that has specifically opted-in to receive content from you on that specific topic.
HOW IS OUR POLICY ENFORCED?
We reserves the right to review and monitor list imports. We have a no tolerance spam policy. The strict measures we take to enforce our policy include, but are not limited to:
* We periodically spot check and review large list imports.
* We have the ability to review mass emails sent out using our software.
* A record is saved of every email that is sent through the system.
* Any customer found to be using our software for spam will be immediately cut-off from use of the product.
* We maintain the IP address and date subscribed for every new subscriber.
* Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.
WHAT IF WE RECEIVE A COMPLAINT?
We do not condone or tolerate spam. If you spam, we will immediately terminate your account. Any unsolicited mass email to someone who has not either opted-in to your mailing, or who has no existing business relationship with you is considered spam. Our service is designed for use by organizations that have built their own list of permission-based, opt-in emails. Purchasing lists, or using any other method to harvest or collect e-mails is strictly prohibited. Failure to comply with this policy can result in fines as allowed by law. We will individually review all complaints of spam, and make a determination of whether or not the complaint is justified. We reserve the right to make the final determination, based on our best judgment, regarding the final resolution of the spam complaint.
If you feel you were reported for engaging in spam by someone who has opted in to your email communications, we will make efforts to verify your claims by reviewing any opt-in paperwork or records you have, or by reviewing the IP address and date of subscription, if the complaining party has susbscribed to your newsletter through our computer software. If the subscriber opted in through some other means than our software, we will not have a record of that subscription.
In any event, if you are determined to be sending spam, we will immediately disable your ability to send emails and will contact you by email. We will only reactivate your email sending privileges once all allegations of spam have been disproven.
LIMITATION OF LIABILITY
In no event will Developer (defined hereafter as Quantum Internet Systems, Inc., employees, agents, owners and assigns) be liable for any loss of profit or revenue by Client, or for any other consequential, incidental, indirect or economic damages incurred or suffered by Client arising as a result of or related to the Development Services, whether in contract, tort or otherwise, even if Client has advised of the possibility of such loss or damages. Client further agrees that Developer's total liability for all claims of any kind arising as a result of or related to this Agreement, or to any act or omission on Developer's part, whether in contract, tort or otherwise, will not exceed an amount equal to the amount actually paid by Client to Developer for the Development Services during the twelve (12) month period preceding the date the claim arises. Client will indemnify and hold Developer harmless against any claims by third parties, including all costs, expenses and attorneys' fees incurred by Developer therein, arising out of or in conjunction with Client's performance under or breach of this Agreement. Client warrants and represents that it is the rightful owner or licensee of all content that it may provide to Developer for implementation on the web site. Client will indemnify and hold Developer harmless against any claims for infringement of intellectual property, including but not limited to infringement of any copyright, trademark, patent or trade secret made against Developer by any third party.
Developer is the owner, licensee or sublicensee of various pre-existing development tools, routines, subroutines and/or other programs, data and materials that Developer may use or implement in the development of the web site ("Background Technology"). The Background Technology includes but is not limited to the software designed by Developer and known as the Quantum Web Engine CMS, Quantum Web Engine Enterprise CMS, and Quantum Web Engine Professional CMS. Developer retains all right, title and interest in and to the Background Technology, and hereby grants Client a non-exclusive license to use the Background Technology only to the extent necessary to use the web site. Client is not authorized to sell or license any Background Technology or rights thereto to any other person or firm.
SINGLE SITE USERS
Single site users are defined as customers of Developer who have only a single site designed by Developer, either as a discount package deal, or as a custom designed site. These users will have restricted access, meaning that all block controls for these sites will be disabled. Any structural changes, programming changes, or additional modules must be activated by Developer. Site owners will have access to independently change content within the existing site parameters.
ENTERPRISE VERSION USERS
Enterprise level users understand and acknowledge that they will not have the legal right to design their own sites, to design sites for third parties, or to sell sites on the retail market. All Enterprise sites are required to be designed for the Enterprise Licensee by Developer. Enterprise users who have on-site design & development staff must upgrade to the full Professional version in order to design their own sites using the Quantum Web Engine CMS. However, in order to facilitate the licensee's control of their multiple sites, they will be given access to the full Quantum Web Engine CMS, including block controls. It is recommended that Enterprise version users limit their changes to content changes only, within the original site parameters. Enterprise users understand and acknowledge that the block and module controls can be confusing to inexperienced users, and that if they tamper with block or module controls and require assistance to restore their site to proper form, hourly charges will apply at the rate of $50 per hour.
PROFESSIONAL VERSION USERS
Professional level users will be limited to professional designers who are capable of learning all aspects of the Quantum Web Engine Professional CMS software. Professional users will have the right to add modules, disable modules, and modify the site block structure based on their professional requirements. Professional users will have the right to resell sites which they design using the Quantum Web Engine CMS. Professional Users will be responsible for paying all applicable sales tax related to their clients' retail purchases of goods and services.
APPLICABLE SALES TAX
Developer will charge all Texas based licensees applicable sales tax on license and hosting fees.
COPYRIGHT AND INTELLECTUAL PROPERTY THEFT
The Quantum Web Engine CMS (copyrighted 2008-2010), and the Quantum Web Engine Trademark are the intellectual property of Quantum Internet Systems, Inc. Any attempt to duplicate, reverse engineer, copy or otherwise infringe on the developer's intellectual property rights will be pursued to the fullest extent of the law.
RESERVATION OF RIGHTS
Developer reserves the right to modify the Terms and Conditions at any time. In the event Terms and Conditions are modified, they will be posted in the Terms and Conditions box which is automatically displayed and which is required to be approved by the Clients/Users upon login to the Admin site. Clients and Users agree that the most current version of the Terms and Conditions which has been electronically accepted by Clients/Users during their log-in process will automatically replace and supercede any prior written agreement between Developer and Clients/Users.
Developer reserves the right to raise the fees for monthly hosting from time to time, at Developer's sole discretion. In the event such price changes occur, notice will be provided to all Clients by email, and will be posted on the Quantum Internet Systems, Inc. website at www.quantuminternetsystems.com.
Developer further reserves the right to charge an additional hosting fee for any programming modules which Client requests which must, at the Developer's sole judgment, be routed to an external server. In the event such a situation arises, the additional cost of hosting will be negotiated by and between Developer and Client prior to the implementation of any such module.
FAILURE TO PAY/CANCELLATION OF SERVICE
Failure to pay hosting fees for websites created using Quantum Web Engine software under the terms of this Agreement shall be interpreted as a Cancellation of Service Request. In the event of such an occurrence, the following will occur: Developer will send by US mail a notice of delinquency, which requests payment, or a request to cancel the service, from the responsible party. If payment isn't received within 30 days of the date Developer's letter is sent, then Developer reserves the right to take down the website pending payment. Client will remain responsible for payment for hosting fees to Developer up to and including the date the site is removed from the server by Developer.
In the event a third party vendor using Quantum Web Engine Professional CMS fails to pay hosting fees for websites created with the Quantum Web Engine CMS for more than 30 days after the written notice of delinquency is sent to them, that third party vendor agrees they will loose all claim to any customers they have developed sites for using Quantum Web Engine, and Developer will attempt to collect payment for hosting, and to provide necessary web services the website owner directly from that time on.
In the event any website created with the Quantum Web Engine CMS is removed from Developer's servers or otherwise shut down, the site owner may request a copy of all data collected and stored by their website in XML format. A reasonable hourly rate will be charged by Developer to generate the XML data, not to exceed $50 per hour.
MONEY BACK GUARANTEE FOR BOOSTER SITE USERS
Booster Site users who have not received traffic from any of their booster sites via major search engines after six months of operation are eligible for a full refund of the purchase price of their booster site package from Quantum Internet Systems, Inc. To request this refund, customers must request a refund, in writing, and mail it to Quantum Internet Systems, Inc., PO Box 2198, Mansfield, TX 76063. Requests will be processed within 30 days, and if after verification that the grouping of booster sites has not received any traffic from major search engines (defined as Bing, Yahoo, Google), a full refund of the purchase price will be provided.
BOOSTER SITES DOMAIN RENEWAL
Unless a specific contract termination date has been set, domains will be renewed automatically and the annual domain renewal fee will be billed to the client.
Client and Developer agree that for purposes of any dispute arising from the use of this product, the Courts in Tarrant County, Texas will have jurisdiction, and shall adjudicate the matter according to the laws of the State of Texas.