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TERMS AND CONDITIONS
QNETVirtual.com Service Agreement |
| IMPORTANT: QNET Services's online service known as QNETVirtual.com, and all software and documentation relating thereto, together with all components thereof (collectively, "QNETVirtual") is protected by United States copyright, patent, trademark and other applicable laws and international treaty provisions. Your right to use QNETVirtual is limited by the terms and conditions of this Agreement, and is expressly conditioned upon your reading, understanding, and agreeing to this Service Agreement in its entirety before using QNETVirtual. AGREEMENT TO ALL TERMS OF THE LICENSE AND TERMS OF SERVICE AGREEMENT IS REQUIRED TO BE AN AUTHORIZED USER OF QNETVIRTUAL.
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| This License of Service Agreement ("Agreement") for QNETVirtual, including a browser interface, data encryption, transmission, access and storage, once accepted by you as set forth below, is your proof of your license to use QNETVirtual subject to the terms and conditions of this Agreement.
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| I. | | LICENSE GRANT. Subject to the terms of this Agreement, QNETVirtual grants to you a personal, nonexclusive, nontransferable license to use QNETVirtual for your lawful personal use. You are responsible for all activities conducted through your QNETVirtual account. You and other persons who have agreed to the terms and conditions of this Agreement may only use QNETVirtual.
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| II. | | FEES, PAYMENT AND YOUR RIGHT TO CANCEL.
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| | A. | CHARGES - In consideration of the license to use of QNETVirtual, you shall pay to QNETVirtual a monthly license fee at the applicable rate then in effect. The current licensing fees will be posted in the QNETVirtual public Web Site at www.qnetvirtual.com/pricing.asp. (QNETVirtual may from time to time offer limited time "Free Trial" or similar promotions during which no subscription fee or a reduced subscription fee shall apply. During such promotions, all provisions of this Agreement shall remain in full force and effect. QNETVirtual may in its discretion place restrictions on such "Free Trials", such as limiting you to one free trial, limiting available features or storage, etc. Charges for fee-based content shall apply during any such promotional periods.) License fees are due and payable before QNETVirtual is used.
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| | B. | NONPAYMENT - If QNETVirtual does not receive full payment of your QNETVirtual account balance within thirty (30) days of the date your account statement is made available to you, an additional 1.5% (or the highest amount permitted by law, whichever is lower) per month late charge may be added to your bill and will be immediately due and payable. You also agree to be liable for all attorneys' fees, costs and/or disbursements incurred by QNETVirtual relating to the collection of your unpaid account. The charges contained on your account statement will be deemed acceptable by you unless you notify QNETVirtual of any billing discrepancy within sixty (60) days after they first appear on your account statement.
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| | C. | CREDIT CARD PAYMENT - If you have elected to pay QNETVirtual, or any premium-type items (i.e. additional storage) by credit card, and QNETVirtual does not receive payment from the credit card issuer, you agree to pay all amounts due QNETVirtual immediately upon demand by QNETVirtual. Each time you use QNETVirtual you agree that QNETVirtual is authorized to charge your designated credit card account for the applicable rate for QNETVirtual then in effect. (Your agreement with your credit card issuer governs use of your credit card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder.)
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| | D. | TERMINATION OR CANCELLATION by You. You are free to terminate or cancel this Agreement at any time, and for any reason provided.
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| III. | | PROHIBITED USE OF THE QNETVIRTUAL SERVICE.
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| | A. | Nature of Communications. Communication by or through QNETVirtual can occur in real time and in some instances may be contained within file libraries. You acknowledge that QNETVirtual cannot, and does not intend to, screen any communication in advance for accuracy, completeness, or conformity with this Agreement or any applicable laws. Accordingly, you acknowledge that QNETVirtual, nor any of its affiliates, agents, content providers or service providers shall assume or have any liability whatsoever to you or any other party for any action or inaction by QNETVirtual or any of its affiliates, agents, content providers or service providers with respect to communications made by or through QNETVirtual.
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| | B. | Specific Prohibitions. You may not use, nor allow any others to use QNETVirtual, either directly or indirectly, to make, create, solicit, transmit, upload, or publish any comment, request, suggestion, proposal, image, data file, or other communication which: (i) is, or is likely to be perceived by an intended recipient or target to be, obscene, lewd, lascivious, filthy, or indecent, with intent to annoy, abuse, threaten, or harass another person; (ii) violates any rights of others, including but not limited to, infringement of any proprietary rights, copyrights, trademarks, patents, or trade secrets; (iii) libels, defames or slanders any person, or infringes upon any person's privacy rights; (iv) contains or embodies any computer virus, harmful component or corrupted data; (v) adversely affects the performance or availability of QNETVirtual for any QNETVirtual user(s); (vi) impersonates any person or entity, including without limitation QNETVirtual personnel; (vii) attempts to solicit or collect any personal information whatsoever from a minor without appropriate prior verifiable parental consent; or (viii) violates any applicable local, state, national, international or foreign law, including, but not limited to, laws relating to the export of prohibited or restricted information to foreign nationals or nations as set forth in the rules and regulations of the United States Department of State and the United States Department of Commerce.
In addition, you may not use QNETVirtual to: send unsolicited advertising or promotional materials (including, without limitation, "spam" or bulk e-mail and/or "chain"-type letters); or facilitate or promote activities that constitute gambling. When selecting a "User Name" for an account, you may not select a name that is in use by another party. QNETVirtual also reserves the right to modify or cancel any "User Name", including those that it deems offensive, vulgar or obscene.
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| | C. | No Reverse Engineering or Alteration. You may not modify, translate, reverse engineer, decompile, or disassemble QNETVirtual, or any component thereof (including, but not limited to, any third party content or services contained in QNETVirtual), or remove any proprietary notices or labels contained in QNETVirtual or permit any other party to do so. All applicable rights to patents, copyrights, trademarks and trade secrets contained in QNETVirtual and any modifications to them are, and shall remain, the property of QNETVirtual or its third party content and/or service providers, as the case may be.
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| IV. | | ACCESS TO THIRD-PARTY CONTENT. QNETVirtual provides its users with the ability to access, and in some instances purchase, goods and services provided by third parties. You will find that purchases of third-party goods and/or services will often be governed by their own separate terms and conditions, which you should review prior to making any purchase. QNETVirtual endeavors to provide its users with access to first-class quality products and services, but does not warrant or guarantee the quality of content, products or service made available through QNETVirtual. However, if you experience any problems with any third-party good or services, contact our customer satisfaction personnel, and they will promptly investigate the matter.
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| V. | | USE OF DATA. QNETVirtual's policies concerning use of personally identifiable information and data can be reviewed online via hyperlink from the page at www.qnetvirtual.com/security.asp. Notwithstanding these policies, you agree that QNETVirtual shall nonetheless have the right to maintain and use such information and other data and records pertaining to you and other users of QNETVirtual in the internal operation, administration and management of QNETVirtual and may provide such information to the courts, law enforcement agencies or others involved in prosecuting claims or investigations for conduct or conditions alleged or believed to be illegal or to violate or threaten the rights of any person. Nothing in this Section shall be construed to limit QNETVirtual's use of, or rights in, other information not covered by the terms of this Section.
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| VI. | | MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION.
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| | A. | Modification of Terms. QNETVirtual frequently updates, modifies, and otherwise continually seeks to improve QNETVirtual. Such changes often dictate that we simultaneously modify our terms of service. As such, QNETVirtual shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of QNETVirtual, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by you of QNETVirtual after any such change has been posted shall constitute your acceptance of any such changes. If you do not agree with any such changes, you may cancel QNETVirtual in accordance with the procedures for cancellation set forth in this Agreement. You acknowledge and agree that it is your responsibility to review this Agreement from time to time and to be aware of any such changes. The current version of this Agreement may be obtained by calling a QNETVirtual Support.
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| | B. | Termination, Cancellation and/or Suspension by QNETVirtual. This Agreement and the license granted hereunder may be terminated, cancelled and/or suspended by QNETVirtual at any time. Such termination, cancellation and/or suspension by QNETVirtual shall be effective immediately upon notification by QNETVirtual to you in any reasonable manner, including but not limited to, notification by e-mail. In addition QNETVirtual may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from you arising from or relating to the event(s) giving rise to the suspension, termination or cancellation if such suspension, termination or cancellation related to your breach of any of the provisions of this Agreement.
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| | C. | Termination or Cancellation by You. You are free to terminate or cancel this Agreement at any time, in accordance with Section II(D).
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| | D. | Rights Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Agreement, you are responsible for any obligations then accrued which may include, without limitation, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all monthly subscription and storage fees, if any, through the entire billing month in which said termination, cancellation and/or suspension occurs. Your payment and other obligations under this Agreement are not suspended, stayed, or otherwise affected by a suspension of your access to or use of QNETVirtual (in whole or in part) where said suspension arises from your failure to comply with, or your violation of, the terms of this Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using QNETVirtual. Further, upon any termination and/or cancellation, QNETVirtual reserves the right to immediately remove, purge, delete and destroy any and all data that existed in the terminated and/or cancelled account, and QNETVirtual shall have no obligation to you after any termination or cancellation of this Agreement.
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| VII. | | NO WARRANTIES OR LIABILITIES.
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| | A. | GENERALLY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF QNETVIRTUAL AND THE INTERNET GENERALLY IS AT YOUR OWN RISK AND THAT QNETVIRTUAL IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. QNETVIRTUAL WILL USE COMMERICIALLY REASONABLE EFFORTS TO MAKE ACCESS TO QNETVIRTUAL AVAILABLE TO YOU THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT YOU WILL BE ABLE TO ACCESS QNETVIRTUAL AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.
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| | B. | ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section VII(A), QNETVirtual and its affiliates, agents, content providers, service providers, and licensors.
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLITY OR FITNESS FOR PARTICULAR PURPOSE OF QNETVIRTUAL GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF QNETVIRTUAL GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN QNETVIRTUAL GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN;
(iii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARISING OUT OF, RESULTING FROM, OR RELATING IN ANY MANNER TO THE USE OR INABILITY TO USE QNETVIRTUAL GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN. WITHOUT IN ANY WAY LIMITING THE FOREGOING, QNETVIRTUAL SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY SUBSCRIPTION FEE FOR YOUR QNETVIRTUAL ACCOUNT IN EFFECT FOR THE MONTHLY BILLING PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY YOU ALLEGING LIABILITY. THE SOLE AND EXCLUSIVE REMEDY AGAINST QNETVIRTUAL FOR USERS OF THE ADVERTISING-SUPPORTED VERSION OF QNETVIRTUAL IS CANCELLATION OF THE ACCOUNT.
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| | C. | HIGH RISK ACTIVITIES. QNETVIRTUAL IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF QNETVIRTUAL COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, QNETVIRTUAL AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, QNETVIRTUAL'S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
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