Terms & Conditions

Last updated June 9, 2022

  1. Overview This Terms of Service Agreement for Qubitcode LLC ("Company", "we", "us", or "our"), sets forth the general terms and conditions of your use of the Site and the Services.
  2. Description of Services
    • Web hosting

      Each managed hosting plan is a monthly subscription plan that permits us to handle administration of your allocated virtual private server (VPS). Each hosting plan runs on its own VPS which is managed by us, and includes setup of website, configuration, upgrades, and backups. You will have a dedicated IP address which is subject to change. Web hosting packages require a domain name which may be purchased by you either through our partner affiliations or through your own registrar. You must have access to configure the DNS records of your domain and we will assist to the extent possible based on the location of your domain. We are not a domain registrar and do not own your domain.

    • Hosting Backups

      Depending on your hosting package, you may be provided with daily, weekly or monthly backups of your VPS which includes your website content, files and database. We cannot guarantee that your backups will be compatible with other providers. Backups are intended to be used to restore your website in the event of an unauthorized modification, to revert the addition of a plugin, extension or component, or for any other reason that requires reverting the state of your website to a previously stored backup. According to your package, the number of saved backups is limited and older backups will be deleted to make room for new backups. The number of saved backups may be reduced as the size of your website increases. You have the option to increase the storage space associated with your backups should you exceed your hosting plan space quota.

    • Storage and Plan Limits

      All web hosting plans are subject to the limitations of your plan. In the event the limitations of your plan and VPS are exceeded, your site may slow down or not be served until more resources are added. Any account that exceeds the limitations of their hosting plan may be issued a notice and will be required to reduce their use or may be temporarily suspended or terminated, in our sole discretion. Additional storage, inbound and outbound transfer data, CPU, memory and other VPS features may be increased to support the demands of your website and will require upgrading to another web hosting package.

      Content Management Systems (CMS) are associated with WordPress, Joomla, Drupal, Magento, and other websites. Only a single CMS is allowed per website and per hosting package. You acknowledge and agree that you may be given administrative access to the CMS associated with your website and you will be solely responsible for your activities, alterations and modifications of your website either through the CMS or by other means. You acknowledge and agree that you will not install software without an appropriate license for that software and that you will not install malicious software.

      Designer websites and custom websites may not have an associated CMS and the maintenance of a such website will require a tiered support plan through us.

  3. Account Termination; Limitations
    • Migration of ServersYou acknowledge and agree that you will have a dedicated IP address that is potentially volatile and not permanent. During the course of normal business, it may be necessary for us to migrate our servers or perform other maintenance that may assign your VPS with a different IP address either temporarily or permanently. You must maintain a domain and domain name server (DNS) records that map your domain to your assigned VPS or your website will not be accessible using your domain name. We will make every effort to avoid disruptions to your IP address and DNS mapping requirements but certain activities, such as performing a website restore or recovery from an interruption of service, may require server reconfiguration or reassignment.
    • Termination of Hosting Services You acknowledge and agree that upon expiration or termination of your Hosting Services, you must discontinue use of the Hosting Services and relinquish use of the IP address and server name(s) assigned to you in connection with Hosting Services, including pointing the DNS records of your domain away from our servers. Prior to termination of the Hosting Services, you are responsible for moving your website and/or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, your content will be deleted and we will not be able to provide a copy of such content.
    • Notice Regarding Licensed Images and Software Subject to all other applicable licenses and terms and conditions, images, themes and software available and licensed for use are intended for our hosted customers only and are subject to the terms and conditions of third-party intellectual property rights and licensing restrictions. To the extent you wish to export or migrate your hosted product or service to another service provided (if available as an option), it is solely your responsibility to ensure your continued right to use any images, themes and/or software incorporated therein, and you acknowledge and agree that we do not warrant and shall have no responsibility for any claims resulting from your continued use after migration and/or termination (whichever occurs first).
    • Storage Capacity Each web hosting package has specific storage capacity that is used for the VPS operating system, system files, database, and other supporting files in addition to your website content. Additional storage may be added to hosting plans for an additional monthly fee.
    • Website/Server Content

      Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming (more than one or two streams); (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.

  4. Your obligations; Representations and Warranties

    • Abusive Activities and Other Threats

      You acknowledge and agree that you will not use our servers or your website as a source, intermediate, reply to address, or destination address for mail bombs, internet packet flooding, packet corruption, denial of service, or other abusive activities that threaten the stability of our network or will damage the systems of, or cause a disruption of internet services to, us, our customers, or third-parties. Server hacking or other penetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us. You agree that we reserve the right to remove your website temporarily or permanently from our servers if you are in violation of this Service Agreement and/or there are activities that threaten the stability of our network. You acknowledge and agreed that all websites associated with your hosting account may be removed if one website is in violation of this Service Agreement. You further acknowledge and agree that Qubitcode LLC reserves the right to scan your hosted account for malicious content (e.g. malware), and that, in the event any such content is discovered, it may be removed in our discretion for security purposes.

    • Storage and Security

      You shall be responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.

      Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. The Hosting Services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the Service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.

    • Website/Server Content

      You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Hosting Services. Our administration of your servers shall be limited to performing duties as necessary to provision and configure servers and computing environments, install software and tools, configure website tools and components for your use. The extent of our administrative support is limited by your tiered level of support included with your hosting package.

      You acknowledge and agree that you shall not use our services in a manner that, as determined by us in our sole and absolute discretion (1) displays or advertises pornographic, X-rated, sexually explicit, or otherwise tasteless materials, images, products or services (including, but not limited to: massage, dating, escort or prostitution services), or (2) uses pornographic, X-rated, sexually explicit keywords or images in video names, descriptions or listings.

      Further, you are responsible for ensuring that any product posted for sale on your website is in compliance with all applicable laws and regulations where your items can be purchased. We reserve the right and sole discretion to determine whether the sale of any particular item is illegal or otherwise prohibited and cancel your Services.

    • Customer Support; Tiered Support Plans

      Each hosting package includes a tiered support plan that includes dedicated monthly support. Support requests beyond your purchased support level are subject to our hourly rate of $175/hour. You may upgrade your hosting package to a different tier which provides additional support hours. In the event that you have used your support hours for a given month, you have the option to purchase additional support hours to use within the month or to delay receiving support until your next monthly billing cycle. We will not bill you for hourly support beyond your tiered support plan without your consent and agreement. Additional support hours are billed in 30 minute increments. Any work performed short of 30 minutes will be billed for the full 30 minute increment. Unused support hours do not carry over into future months. You acknowledge and agree that your request of support may involve temporary disruption of service to your website bringing it offline while services are being performed. You further acknowlege and agree that any services rendered as part of your tiered support plan may not be completed within the timeframe alloted by your tiered plan and completion of the service shall resume in the next billing cycle, or sooner if you elect to purchase additional support hours in a given month. You acknowledge and agree that purchasing additional support hours will not shorten the length of time needed to carry out support requests.

      When you purchase a hosting package from us, we will provision a dedicated VPS for your website. We may install a limited number of supported applications on your server at your request. If you request the installation of a supported application, we will install and configure the supported application on our server as long as the server has available resources (e.g., storage, memory, CPU) to support that particular application.

      We will then provide the primary (administrator) username and password to you, at which point you will have the option to manage your server and provide additional configuration of installed applications, themes, plug-ins and other software. We will not be responsible for content, customization, or any other activities associated with the supported application, including any repair of the supported application should it stop working.

      We shall limit technical support of an inoperable supported application to restoring said supported application to its original state (with no data or customization) within the limits of your purchased support tier. If your hosting plan offers backups, you may request your website be restored to a backup. This service is provided as part of our tiered support, within the limitations of the level of support associated with your package support tier. You may purchase additional support hours beyond your allocated tier based on our hourly support rate.

    • Content Delivery Network (CDN)

      Some of our hosting packages offer CDN which provides cached content of your server at different geographic locations to help decrease the transfer time of your website to end users. You acknowledge and agree that your website content may be stored geographically dispersed to aid in the performance of your website. You may add CDN capability to any hosting plan for an additional fee.

    • Software and Configuration Add-Ons

      We offer additional services and capabilities for any hosting plan for an additional monthly fee. The specific add-ons available depend on which hosting package you purchase. You acknowledge and agree that installing additional add-ons may reduce your available storage, bandwidth and other capabilities of your VPS.

    • Hosting Migrations

      If you have your domain name registered with a third-party and the web hosting associated with the domain is provided by a third-party, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting for the domain name to us. We are not a domain registrar and do not provide domain registration except through third-party affiliations and partnerships. You will not be required to transfer your domain in order to use our services as long as you have the ability to modify the DNS records associated with your domain. Hosting Migrations are provided as part of our hosting packages within the limitations of the hosting package you have purchased. We do not make any guarantee regarding the availability, possibility, or time required to complete a hosting migration. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may mke us unable to assist you in the transfer of data from a third-party host. In many cases, Hosting Migration may require recreation of content on our servers.

      You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. If you are satisfied with the data migration, you will need to update the DNS record for the domain name in order to publish the website in its new location. We will not perform website backups or archives in connection with a Hosting Migration, and we recommend that you back up your third-party hosted website before migration to ensure that no data is lost. You agree not to make any changes or revisions to your website during the migration process.

      You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration.