Terms and Conditions
1. Billing and accounts receivable policy
All customers of Aquest Hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
Billing is done at the beginning of each month, for the month ahead. Prices are subject to change in the future, but are guaranteed through your paid billing period.
1.1 Paying for your account
Aquest Hosting accepts payment for Billing transactions by credit card. Regular monthly payments are accepted by credit card. Customers opting to pay by credit card agree to have payments deducted automatically by Aquest Hosting 's Automated Billing Process. Aquest Hosting will automatically deduct account fees from your selected credit card, on each Billing Day without fail, unless by decision of the Aquest Hosting Management only, and will deduct requested payable extras at any time at their own convenience. Aquest Hosting will cease to bill the selected credit card once an account has been terminated by the customer in writing, and all outstanding payments have been made.
Monthly payments with a credit card will ensure that your account is not deactivated due to lost mail or other unforeseen problems. Please update Aquest Hosting with your credit card information if you receive a new credit card number and/or expiration date. Problems may arise with your account if your card expires. There is a reactivation charge of $25 for accounts deactivated because of non-payment. Aquest Hosting accepts American Express, MasterCard, and Visa. Reactivation may not be possible if the account is suspended.
1.2 Disputed Billing Transactions
You agree to forward all disputed Billing transactions to Billing at aquest_billing@AquestHosting.com for an initial appraisal. If, in the case of billing disputes, bank 'Chargebacks' are initiated, all costs to retrieve the lost payment will be forwarded to the customer via his or her bank, records will be forwarded to the Customers Bank, and the Credit Card Company, credit Controller. This may incur double charges from the customer's bank and Aquest Hosting 's selected bank. Charges may also come from the Credit Card company. Chargebacks are in most cases made fraudulently and will be pursued fully, by parties including Debt Collection and Legal.
1.3 Payments from international clients
For international orders the preferred method of payment is use of one of the credit cards mentioned above.
1.4 Updating your billing information
Clients can submit updated billing information to Aquest Hosting at aquest_billing@AquestHosting.com If providing information direct to billing at aquest_billing@AquestHosting.com then please include your account ID (which you will be given when you order your first account, and is available on your 'Account Status' screen), when submitting any changes.
1.5 Domain registration
Aquest Hosting will register (Top Level Domains) TLD (.com, .net, .org, .info). The details you supply, when signing up for an account, are used when registering the domain.
If you wish to update any of the domain details, please send an email to aquest_support@AquestHosting.com with the details.
1.6 Account cancellation
The set-up fee for an account is non-refundable, unless otherwise stated during a promotional period. If an account is cancelled after the billing cycle for a certain month, the account will be billed for the entire month (i.e., if you cancel your account on April 14, you are still charged for the whole April period).
A minimum of 15 days written notification is required before account cancellation may take place. You are required to login to your control panel and submit a request expressly stating you wish to cancel your account, please include your customer ID as part of the request and the main domain of the account . You will receive a cancellation confirmation at the email address you selected. If you do not receive a confirmation within 3 days of cancellation, contact aquest_billing@AquestHosting.com Please note no other means is acceptable and/or valid to cancel the account.
With reference to Credit Card payments, Aquest Hosting will cease to bill the selected credit card once the account has been terminated by the account holder in writing, and all outstanding payments have been made. Any questions or disputes must be forwarded to aquest_billing@AquestHosting.com . For disputes refer to 1.2 Disputed Billing Transactions.
1.7 Upgrading and downgrading account types
To upgrade or downgrade your account simply e-mail aquest_billing@AquestHosting.com There is $10 fee to downgrade your account. If you have downgraded your account on or after 1st of any month, your new monthly fee would be effective from the next coming month. For example, you have requested to degrade your account on April 12th; your new (lower) monthly fee would be effective from May 1st.
Aquest Hosting reserves the right to reject an account. Aquest Hosting reserves the right to terminate an account immediately if the account infringes our terms and conditions. Aquest Hosting reserves the right to terminate any account with 7 days notice, at any time.
2. Backup and Storage policy
All customers of Aquest Hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
Aquest Hosting backs up all server configurations on a regular basis, which helps in restoring the existing configurations in case of hardware failure. It is not possible to restore the data for individual customers and therefore we encourage our customers to back up their contents on a regular basis. Aquest Hosting will provide help or assistance, where it can, to recover the lost data due to any reason but, accepts no responsibility or liability for possible permanent data loss.
To maintain the high performance of the servers we need to clean/delete the stats log files from time to time. Usually this deletion process occurs on the beginning of each month. Customers are advised to make copies of the log files regularly and before deletions, as Aquest Hosting does not provide an individual log files recording or storage facility. Aquest Hosting accepts no responsibility or liability for loss of log files after deletion of log files.
Furthermore, it is strongly advised that you retain a copy of each and every file or data-type before uploading it on the Aquest Hosting servers, as Aquest Hosting does not accept any responsibility or liability for permanent loss of data, in any form.
3. Bandwidth usage policy
All customers of Aquest Hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
Aquest Hosting has an extremely capable connection to the major backbones of the Internet. As the needs arise, our bandwidth is continually upgraded to accommodate the growing needs of our users. However, if any one web site produces an abnormally large amount of web site traffic for extended periods of time, this can cause slowdowns throughout the entire network.
Accounts on higher-level hosting plans will be granted more leniency in regards to bandwidth usage. Please note that other items such as CGI or email might require you to purchase a different, more suited, package. Account variations can be found on the 'Prices' page.
If an account is found to be using excessive bandwidth, the owner of the account will be contacted about upgrading his account, or negotiating extra bandwidth charges.
If you have any questions about this or any other policies held by Aquest Hosting , please feel free to email us at aquest_support@AquestHosting.com
4. Web Space usage policy
All customers of Aquest Hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
Aquest Hosting provides limited web space to store files and data. The size of the web space depends upon the account size you have chosen. You can review the web space allocated on different accounts at http://www.AquestHosting.com/Plans.aspx
If an account is found to be using more web space than allocated, the owner will be contacted about reducing the web space to their account limit, or upgrading the account or negotiating over-used web space. The owner will have 7 days to correct this problem – reduce web space to limit, upgrade the account or purchase extra web space.
Please note that stats log files for your domain are stored in your web space and is part of your account. Sometimes these files are the reason for the over-size of an account. It is the customer’s responsibility to download the logs files regularly and delete them from the server when necessary.
For further information in this regard please contact aquest_support@AquestHosting.com
5. Customer support policy
All customers of Aquest Hosting web hosting must abide by all the terms of these policies. Violation of any of these policies may result in the immediate termination of an account.
It has been the goal of Aquest Hosting since our founding to provide top-quality customer support and satisfaction. We would like to take this opportunity to clarify what our role is in providing a web presence service.
There are certain features such as CGI, ASP, ODBC, SSI, .NET Framework, etc., that we provide to our user. However, due to the complex nature of supporting such services, we are unable to support users in learning how to use such features. We will verify that the settings are correct on our end, but to help users correctly set up their own files, we must charge a fee based on professional rates.
In this document, we wish to clarify what issues shall receive free technical support (general issues) and which shall be charged for (advanced support). We make great effort to provide a fast turn-around on support for all general support issues. The time frame for advanced support will vary depending upon the complexity of the issue. If you have any confusion as to what issues would fall into the general support category and which would have a charge, please e-mail aquest_support@AquestHosting.com .
We have outlined below several examples of general support issues and some advanced support issues:
5.1 General support issues [no charge]
You may obtain free technical support on issues similar to the following by emailing aquest_support@AquestHosting.com .
- Problems logging into an account. [Password set-up incorrectly, ftp login incorrect, etc.]
- Problems uploading files due to server issues [permissions incorrect].
- System configuration problems caused by us.
- Web site not loading due to errors on our part.
- E-mail accounts not functioning.
5.2 Modifying existing domains with Aquest Hosting
Aquest Hosting wishes to ensure that you have a complete domain service with your account. This means being able to reach a web site at a fully qualified domain name url, e.g. www.AquestHosting.com
Included with the creation of each new account/domain is the registration or modification of a domain name with the current Registrant, to enable the domain to work with our servers. The Aquest Hosting support team can assist you with the changes.
If, after the initial processing, you need the Aquest Hosting support team to modify the domain, there will be a service charge. This charge also applies to domains registered by other registrants, and is applied for modifying information on all aspects of your domain details.
For domains registered through Aquest Hosting , all updates should be requested via to aquest_support@AquestHosting.com , this does not incur a fee, for any registrant.
5.3 Clean up or re-installation of an account
The cost of cleaning up or re-installing an account is $25.00. If you wish to start from scratch, we will delete and re-create your account for this fee.
5.4 Advanced support [$125.00 per hour]
Technical assistance with any user-supplied C#, VB.NET, ASP, ASPX pages, etc., is not included in the 'general support' category. If you will require assistance with your web site development including setting up or debugging an ASP or an ASP.NET program we will provide it at the rate of $125.00 an hour, billed a minimum of 15 minutes in advance as our time allows. If the error was found to stem from incorrect system settings (caused by Aquest Hosting), the fee will be waived. Services falling under this category would include:
- Web site development
- Re-coding html to reduce file size
- Making image files smaller in file size
- Technical support with user C#, VB.NET, ASP.NET, etc.
Note: We do not offer suppport with CGI or Perl scripts or applications.
We highly recommend that you take advantage of the extensive resourses available on the Internet for help with learning the trade.
6. Acceptable usage and content policy
All customers of Aquest Hosting web hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
Aquest Hosting strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to:
- Offensive adult oriented material, such as pornography, and/or other offensive material as deemed by Aquest Hosting .
- Any material that is not suitable for minors.
- Material that is considered illegal by any governing body.
- Warez (commercial software made available for free over the internet).
- Illegal mp3 files.
- Other illegally obtained or distributed software and/or files.
- Documentation on hacking, software piracy, counterfeiting, bomb making, etc., posted with the intent of fostering criminal activity.
- Any other questionable material, as determined by Aquest Hosting .
- Any material, which is meant to harm, bash, offend, or pull down another group, be it political, religious, racial, sexual, or otherwise.
- Sites promoting or fostering hate crimes toward any other group.
- Any site hosted by Aquest Hosting which provides offensive adult services, as deemed by Aquest Hosting , will be stopped in expectation of a site clean up, there shall be a minimum service charge of $125 to reactivate the site and work done on confirmation of acceptance, of site content, and further charges at the rate of $125.00 per hour after the first hour. There will also be a charge of $0.50 per MB of data transfer if the site accumulates data during that period.
- No email address provided by Aquest Hosting shall be used to send 'Spam,' or un-solicited mass email messages. Any account found in violation of this will be cancelled immediately.
- Any activity that overloads our servers and/or hides access to sites hosted by Aquest Hosting will not be permitted nor tolerated. This includes, but is not limited to:
- Providing email service to large numbers of people not affiliated with you or your company (i.e., running a service similar to iname or netaddress)
- Any other usage of provided system resources, which would constitute abuse in any form
- Any such activity can and will result in the immediate termination of your account.
If you are unsure of anything that you would like to place on your web site, please contact us regarding this matter before you sign up. This will relieve stress and time on both sides.
We reserve the right to cancel any account at any time for any reason deemed necessary by the management of Aquest Hosting .
We reserve the right to change the terms of this acceptable usage and content policy at any time for any reason deemed necessary.
If you know of any account that is abusing these practices, please email aquest_support@AquestHosting.com and describe the abuse, and provide us with the url or email address of the party you are reporting, if at all possible.
7. Policy on Spam and UCE
All customers of Aquest Hosting must abide by all the terms set forth in this and all other policies. Violation of any of these terms may result in the immediate termination of an account.
Recent growth of the Internet has also brought about more and more possibilities for abuse of this new communications medium. In response to this, we have developed the following position on abuse of Internet services provided by Aquest Hosting in order to protect you, our customer, from Internet harassment and intrusions of privacy.
'Netiquette’ is a term, which has come to receive widespread use on the Internet. Netiquette is generally defined as the standards or practices an individual or organization engages in to engender responsible internet citizenship on their behalf, as well as refraining from standards or practices which would impose undue financial, time, or social constraints on other users of the internet.
The Internet, as large and complex as it is, has no single governing body. There is no Internet management to complain to when things go wrong. Every facet of the Internet is overseen by those organizations (such as Aquest Hosting ) whose networks are interconnected to form the Internet. This also means that every user of the Internet is responsible for their own-behavior.
Because the Internet is simply an interconnected set of smaller networks, each entity using the Internet retains some liability for the cost associated with traffic and storage, for example, a single posting to a single newsgroup takes storage space on the local news server, then must be transmitted to a few more servers, which store the information on their hard drives, re-transmitting to a few more servers, and so on. When the costs of the storage space and transmission are all factored together, a single newsgroup posting can cost the collective internet thousands of dollars! There are similar costs associated with the bandwidth required to transmit email. Therefore, someone using email or news postings for abusive purposes can have a large financial impact on the networks involved.
Aside from the financial costs, someone who has fallen victim to some sort of Internet abuse has other costs in terms of decreased effectiveness of the Internet. For example, someone besieged by Spam email (a massive bulk email message to subscribers who did not indicate any desire to receive such email) spends additional time downloading and responding to email, which was never wanted in the first place. A newsgroup subscriber may see their favorite newsgroup overrun with meaningless off-topic advertisements, obscuring any effective information still remaining in that newsgroup.
When an Aquest Hosting customer performs any one of these abusive activities, Aquest Hosting pays a price too. The additional time we have to spend responding to the complaints that pour in could be much better spent on other services. If the domain “Aquest Hosting’ appears anywhere in the email headers, we will receive complaints. Even if someone is using the services of another ISP to send out 'Spam', advertising their Aquest Hosting -hosted web site, we will get complaints.
Because of the potential consequences of this type of activity, Aquest Hosting does nor accept this type of behavior by our customers. Therefore, we've decided to take a proactive stance, making sure our customers know beforehand what is and is not appropriate on the Internet. All new subscribers to Aquest Hosting 's services will be informed of the consequences of internet abuse as part of our revised 'acceptable usage and content policy.' now that we've gone on the record with what is and what isn't acceptable use of the internet, any Aquest Hosting customer who abuses the resources of the internet in any of the following ways will permanently lose their access to the Aquest Hosting network. These include:
Excessive posting of email to Internet users who previously have not indicated a desire to receive such email
Posting messages to multiple Internet newsgroups, which are not immediately relevant to the topics of the newsgroups
Posting advertisements on groups that don't specifically permit advertising. (How do you know? watch the group for a while before you post blindly. If other people are advertising openly, then you are pretty safe doing the same. Don't advertise unless you are sure.)
Using the Aquest Hosting network for any illegal purpose.
There are literally thousands of advertising and marketing resources that are effective and either low, or no cost. These include classifieds on every one of the thousands of malls on the internet, your Aquest Hosting web space, registering with search engines, appropriate usenet postings, and many other completely legitimate methods of appropriate advertising. We are not saying you can't advertise on the Internet. What we are saying is that we will cancel the account of any subscriber who uses Aquest Hosting ’ services to advertise inappropriately; primarily meaning, using unsolicited mass mailings, and spamming the usenet.
We’re aware of the many ways that someone can hide their identity on the Internet, and rest assured that a person's access would not be terminated until we are sure that they indeed are responsible for the abuse that appears to be coming from them. Hopefully this document should answer all of the questions of existing subscribers.
Any subscriber that violates the Spam policies of Aquest Hosting will be charged $150.00 per hour for the time it takes us to 'clean-up' your Spam. This shall include but not be limited to the time required to answer mail from angry recipients of your Spam and/or repair of a damaged server due to the 'mail bombing' or other actions of the angry recipients in retaliation to the Spam. Please note also that it is now considered a crime in many parts of the world, to send UCE (unsolicited commercial email) as it falls into the category of 'junk faxes.' Aquest Hosting will turn over names and personal information of any person who violates this law to the appropriate state / federal officials for further legal action.
If you have any further questions regarding our policy on Spam/UCE, please email us at aquest_support@AquestHosting.com
9. Affililate Program Terms
In all cases, we wait to pay the affiliate fees until we know that we have collected at least the full amount of the commission from our new customer. This is neccessary to make sure that we maintain positive cash flow, and to prevent fraud.
If you sign up a new customer that we are unable to collect a full month's sales from for any reason, defaults on their account for any reason, commits fraud of any type, or does anything that causes us to disqualify the customer as a "Qualified Customer", we will not pay the commission. We reserve the right to determine whether an account qualifies, and we reserve the right to disqualify accounts based on any reason that we see fit. We also reserve the right not to disclose the reason for disqualification to you as disclosure may cause a legal liability.
IN ALL CASES, AQUEST HOSTING, RETAINS THE RIGHT TO THE FINAL DETERMINATION OF WHETHER OR NOT A SALE QUALIFIES FOR A COMMISSION PAYMENT. AQUEST HOSTING FURTHER RETAINS ALL RIGHTS TO DISQUALIFY ANY AFFILIATE FOR ANY REASON, INCLUDING THE USE OF SPAM TO ADVERTISE. AQUEST WILL WITHHOLD PAYMENT FOR ANY DISQUALIFIED SALE AND WILL WITHHOLD PAYMENT FROM ANY DISQUALIFIED AFFILIATE AS AQUEST HOSTING SEES FIT.
10. Disclaimers and limitation of liability
The information and services included in or available through the Aquest Hosting web site or sites or products related to the Aquest Hosting service, may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Aquest Hosting management may make improvements and/or changes to its service at any time.
Aquest Hosting does not claim in any way that the web hosting services provided by them, will be uninterrupted or error-free, that defects will be corrected, or that the service or the server that makes it available, are free of viruses or other harmful components. Aquest Hosting does not claim in any way that the use, or the results of the use, of the services provided by them or the materials made available as part of the service will be correct, accurate, timely, or otherwise reliable.
By completing the account sign up form and clicking the submit button you specifically agree that Aquest Hosting shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the services provided by them. You specifically agree that Aquest Hosting is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Aquest Hosting is not responsible for any content sent using and/or included in the services provided by them, by any third party.
Aquest Hosting AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Aquest Hosting AND/OR ITS RESPECTIVE REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Aquest Hosting AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Aquest Hosting OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
11. Indemnification
You agree to indemnify and hold Aquest Hosting , its parent, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by them.
June 19, 2005 - Updated prices on this page.