Web Site Hosting Services Agreement


This Web Site Hosting Services Agreement ("Agreement") is an agreement between you (hereinafter referred to as the “Customer”) and NJ Tech Solutions Inc.(herein after referred to as “NJTech”) regarding the use of the NJTech web space hosting services. NJ Tech owns and operates the brand called QuickHost.com

1. SERVICES TO BE PROVIDED BY NJTECH

1.1
NJTech will provide Web Space Rental Services (the "Service") to Customer during the term of this Agreement. The Service consists of allowing the Customer to offer content on the Internet. These services include shared space on NJTech Internet Servers to store HTML, multimedia documents, Databases, Emails and files, the ability to maintain the website and email accounts.

1.2 ENTIRE AGREEMENT

The terms and conditions of this agreement together with any rules and prices published on the web site at http://www.quickhost.com/aup.php or any of its domain pointers, constitute the entire agreement between NJTech and the Customer and supersede all other written or oral communications, representations, understandings and agreements with regard to the subject matter hereof. Under this Agreement, Customer shall comply with NJ Tech's then current Acceptable Use Policy (herein after referred to as the “AUP”), as amended, modified or updated from time to time by NJ Tech, which currently can be viewed under the Legal details section of this web site , and which is incorporated in this Agreement by reference.  Customer hereby acknowledges that it has reviewed the AUP and that the terms of the AUP are incorporated herein by reference.  In the event of any inconsistencies between this Agreement and the AUP, the terms of the AUP shall govern. NJ Tech does not intend to systematically monitor the content that is submitted to, stored on or distributed or disseminated by Customer via the Service (the "Customer Content"). Customer Content includes content of Customer's customers and/or users of Customer's website. Accordingly, under this Agreement, You will be responsible for Your customers content and activities on Your website. Notwithstanding anything to the contrary contained in this Agreement, NJ Tech may immediately take corrective action, including removal of all or a portion of the Customer Content, disconnection or discontinuance of any and all Services, or termination of this Agreement in the event of notice of possible violation by Customer of the AUP. In the event NJ Tech takes corrective action due to a violation of the AUP, NJ Tech shall not refund to Customer any fees paid in advance of such corrective action. Customer hereby agrees that NJ Tech shall have no liability to Customer or any of Customer's customers due to any corrective action that NJ Tech may take (including, without limitation, disconnection of Services).

2. CHANGES TO AGREEMENT/PRICES

Upon notice provided in written, faxed or emailed form to the Customer, NJTech may modify this Agreement or Prices and may discontinue or revise any or all aspects of the Service at its sole discretion. Customer's sole remedy in the event it does not accept such changes shall be cancellation of the Service. Customer's continued use of the Service after the effective date of such change shall be deemed to be Customer's acceptance of such changes.

3. RULES AND REGULATIONS

3.1
Customer shall at all times during the use of the Services abide by NJ Tech's AUP as established and modified from time to time, Such changes in rules and regulations will be mailed via email and will be incorporated into this Agreement on the day the email was sent out.

3.2 Without limiting the generality of Section 3.1, the following activities are specifically prohibited on NJTech Servers:

Illegality in any form, including but not limited to activities such as unauthorized distribution or copying of copyrighted software, violation of Canadian/U.S. export restrictions, harassment, fraud, trafficking in obscene material, drug dealing, gambling/casino sites, storage, transmitting, or publishing materials that are obscene, threatening, discriminating or abusive and any other illegal activities.

Net abuse, including but not limited to activities such as using a non-existent email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), allowing spamming by third parties to promote a web site hosted by NJTech, trolling (posting outrageous messages to generate numerous responses), mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system, newsgroup flooding, widespread or organized forgery campaigns, widespread or organized account hackery, widespread or organized censorship attempts, posting of defamatory, scandalous, or private information about a person without their consent, violating trademarks, copyrights, or other intellectual property rights, misuse of system resources, including but not limited to employing posts or programs which consume excessive CPU time or storage space; permitting use of mail services, mail forwarding capabilities, POP accounts, or autoresponders other than for the customer's own account; resale of access to CGI scripts installed on NJTech's servers; or attempting to use a single customer account for third party web sites by allowing more than one domain pointer to be used to reference pages within the customer's site,etc .   NJTech reserves the right to determine what constitutes net abuse in its sole and absolute opinion.

3.3 Adult Content: NJTech does not permit hosting of Adult Sites or Sites that display Adult Banners on its server. NJTech reserves the right to determine what constitutes Adult Sites in its sole and absolute opinion.

3.4 Violation of the rules: NJTech reserves the right to immediately suspend all accounts found to be in violation of AUP, without prior notice. NJTech also reserves the right to remove without notice any objectionable content in its sole discretion or upon order of a court or regulatory agency.

3.5 Additional Customer Responsibilities:

(a) Customer is responsible for the security of its passwords.

(b) Customer shall be solely responsible for the use of the Services by any of its employees, officers, directors, agents and end users and shall ensure all such individuals comply with the terms of this Agreement while using the Services.

(c) Customer shall not use the Services in any manner which interferes with the use of Services by others.

3.6 Migration to Dedicated Services

If in NJTech's sole opinion Customer has outgrown the shared server service (as indicated by reduced functioning of the server), Customer agrees to migrate to NJTech's VPS or Dedicated Server offerings.

4. LIMITED 90-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY; LIMITATIONS ON NJTECH'S OBLIGATIONS AND LIABILITIES

4.1
  NJTech offers a 90-day money-back guarantee on any initial plan that is opened under a given account number. There is no guarantee applicable to any but the first plan th at is opened under a given account number. Should Customer decide to cancel an account within the initial 90 day period, the Customer will receive a full refund of prepaid hosting fees, less any Domain registration or setup fees that NJTech has incurred to date as part of a promotion or separate charges. Any upgrade of the initial account by Customer within the initial 90 day period will be considered a waiver of the money back guarantee and an acceptance of the then current rates and fees. NJTech also considers that customers switching from any existing NJTech package have already experienced the 90-day Money Back Guarantee. The renewal of the initial period is considered a waiver of the money back guarantee, such that Customer will only being allowed to use the Money Back Guarantee once, and for only one account. If Customer's account has been suspended or terminated due to the breach of any part of this Agreement, Customer automatically forfeits the right to use the Money Back Guarantee. To be considered valid, all money back guarantee requests must be e-mailed to admin@quickhost.com within 90 days of sign up for the account.

(i) Customer cancels this agreement prior to account activation, or

(ii) the domain name requested by Customer is not available.

4.2 After the initial 90-day period. If no written claim or objection regarding such services has been received by NJTech within the 90-day period, services provided by NJTech to Customer shall be deemed accepted for all purposes. No claim related to such accepted services may be raised at a later date.

4.3 Warranty Disclaimer

TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE LIMITED 90 DAY MONEY-BACK GUARANTEE, THE SERVICES ARE PROVIDED “AS IS” AND NJTECH MAKES ABSOLUTELY NO WARRANTIES, REPRESENTATIONS OR COVENANTS WHATSOEVER, EXPRESS OR IMPLIED, WHETHER WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. NJTECH DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NJTECH CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITTED VIA ITS SYSTEM.

5. LIMITATION OF LIABILITY

5.1
NEITHER NJTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES , INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, BUSINESS, OR REVENUE, LOST OR DAMAGED DATA, LOSS OF COMPUTER TIME, FAILURE TO REALIZE EXPECTED SAVINGS, COST OF SUBSTITUTE GOODS OR SERVICE OR ANY OTHER COMMERCIAL LOSS THAT ARISES OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, WHETHER OR NOT RESULTING FROM FAULT OR NEGLIGENCE ON NJTECH'S PART, EVEN IF NJTECH HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

NJTECH'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, FOR ANY AND ALL DAMAGES FOR ANY CAUSE AND REGARDLESS OF THE CAUSE OF ACTION, RELATED TO THE ACCEPTABLE USE POLICY, THE SERVICES OR ANY OTHER SERVICES PERFORMED IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR IN TORT, INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR NEGLIGENCE, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED IN THE AGGREGATE TO THE HOSTING FEES PAID BY THE CUSTOMER TO NJTECH FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE ONE MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

5.2 Customer acknowledges that from time to time the Services may be inaccessible or unavailable for any reason, including, without limitation: equipment malfunctions, periodic maintenance procedures or repairs, causes beyond NJ Tech's control such as interruption or failure of telecommunication or digital transmission lines. NJTech is not responsible for the operation of any Internet, network or other communication services that are not provided by NJTech as part of the Services.

5.3 Basis of Bargain. The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of bargain between NJTech and Customer, and Customer acknowledges and agrees that NJTech would not be able to provide the Services for the [ hosting fees ] charged without such limitations.

6. CUSTOMER INDEMNITY. Customer hereby agrees to defend, indemnify and hold harmless NJTech, its officers, directors, employees and agents from and against any and all losses, damages, costs, liabilities, penalties and expenses (including court costs and reasonable lawyers fees) incurred by NJTech or its officers, directors, employees or agents, arising out of or in connection with any claim, demand, action, or proceeding against NJTech based on Customer's use of the Services or the content of Customer's website, including without limitation the infringement of any patent, copyright, trademark or any other intellectual property, proprietary, privacy or other right of a third party.

7. PROPERTY RIGHTS

NJTech owns all right, title and interest in and to Services, NJTech's trade names, service marks, all hardware and software systems and resources necessary to provide the individual service elements of which they consist, and all Intellectual Property Rights contained therein or related thereto. This agreement does not constitute a license to Customer to use NJTech's trade names or service marks. Any such license must be the subject of a separate written agreement.

" Intellectual Property Rights "are defined as (a) any and all proprietary rights provided under: (i) patent law; (ii) copyright law; (iii) trade-mark law; (iv) design patent or industrial design law; (v) trade secret law; or (v) any other statutory provision or common law principle applicable to this Agreement; and (b) any and all applications, registrations, licenses, sublicenses, franchises, agreements or any other evidence of a right in any of the foregoing.

8. PRIVACY

8.1
Except where compelled by law, NJTech will not sell, and will not knowingly disclose, its customer lists or customer email or listserv address lists. NJTech will cooperate with those attempting to minimize net abuse, and reserves the right to institute "filters" or other mechanisms as part of its efforts to reduce net abuse.

8.2 NJTech will not monitor or disclose Customer's private email messages unless required to do so by court order or law, but NJTech will cooperate with law enforcement authorities and will notify such authorities if it suspects that Customer is engaged in illegal activities.

8.3 Customer understands that the Internet and other various networking communication mediums are not secure and may be subject to interception or loss. Customer acknowledges that NJTech not does not have any control over the content, accuracy or security of any information (personal, confidential or otherwise) that may be available to or by the Customer or its end users through the use of the Service.

8.4 Customer acknowledges that NJTech's servers are located in the United States and accordingly all content residing on such servers may be accessible by U.S. governmental officials by virtue of the U.S. Patriot Act.

9. CONFIDENTIALITY

Customer acknowledges that by reason of its relationship with NJTech hereunder, it may have access to certain information and materials relating to NJTech's business plans, customers, software technology, and marketing strategies that is confidential and of substantial value to NJTech, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by NJTech. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, Customer shall not disclose any such confidential information in its possession, and shall return all confidential materials to NJTech or destroy them, at NJTech's option and provide a certificate of senior officer of Customer confirming the same. The provisions of this section shall survive the termination of this agreement. Upon any breach or threatened breach of this section, NJTech shall be entitled to injunctive relief.

10. RELATIONSHIP OF THE PARTIES; NATURE OF AGREEMENT

The relationship between NJTech and Customer is that of vendor and vendee. The parties shall not be construed as being in or part of a joint venture, franchiser/franchisee, or employer/employee relationship. Even if Customer is an individual, this agreement is a commercial agreement entered into for business purposes, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of NJTech, or in any other way legally bind NJTech in any fashion, nor shall Customer be authorized to make any representations or warranties on behalf of NJTech.

11. DISPUTES

11.1 The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices, and other than the injunctive relief referred to in paragraph 7) shall be subject to binding arbitration upon written demand of either party. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. The arbitrators may as part of their decision, allocate the costs of the arbitration between the parties in such amounts as may be determined by the arbitrators, exclusive of legal fees. The prevailing party may be entitled to an award of reasonable legal fees incurred in connection with the arbitration in such amount as determined by the arbitrators.

11.2 Each party shall have the right to have the proceedings transcribed. The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue or reveal a dissenting opinion. Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.

12. TERM, TERMINATION OF AGREEMENT AND SERVICES

12.1 Initial term. Unless otherwise terminated as set forth herein, this agreement shall be effective for the term stated in the initial order.

12.2 Automatic renewal. This agreement shall be renewed automatically for subsequent terms of the same length unless, at least twenty (20) days prior to the next renewal date, one party gives notice of non-renewal to the other. If, prior to the renewal date, NJTech tenders to Customer a copy of NJTech's then-current Customer Agreement with notice that renewal is conditioned on Customer's agreement thereto, any renewal by customer will be deemed to be an acceptance of the terms contained in such subsequent Customer Agreement, rather than a renewal pursuant to the terms contained herein.

12.3 Termination. This agreement may be terminated and all accounts/domains of Customer may be shut down in any of the following ways:

12.3.1 By NJTech,

(i)   upon thirty (30) days' written notice to Customer if Customer breaches any material provision of this agreement and Customer has not cured such breach by the end of the 30 days.

(ii)   immediately upon written notice to Customer, in the event that

(a) Customer, in the sole judgment of NJTech, violates the AUPs, in which case NJTech may either terminate this agreement, or suspend it pending discussions with Customer.

(b) Any bank draft or check delivered by Customer to NJTech in payment for products or services is returned unpaid and Customer fails to remedy such nonpayment within five business days ;

(c) There are instituted bankruptcy or insolvency proceedings against Customer, which are not vacated within sixty (60) days from the date of filing;

(d) Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;

(e) Customer makes an assignment of all or part of its assets for the benefit of creditors;

(f) Customer assigns or attempts to assign all or any part of this Agreement without NJTech's prior written approval; or

(g) Customer refuses to migrate to a NJTech VPS or dedicated server plan following 30 days notice from NJTech that such migration is required.

12.3.2 By Customer,

(i) immediately upon giving written notice to NJTech, if

(a) There are instituted bankruptcy or insolvency proceedings against NJTech, which are not vacated within sixty (60)days from the date of filing;

(b) NJTech institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency; or

(c) NJTech makes an assignment of all or part of its assets for the benefit of creditors.

12.4 Termination in respect of Customer's Website(s). NJ Tech shall have the right to immediately shut down Customer's website(s) without written notice to Customer in the event that:

(a) Customer's website is found to be a Warez (illegal software), Adult site, links or advertising for an Adult Site, hacker/cracker site, hate site, gambling or Casino sites, or any other type of site carrying on activity prohibited by the AUP or by law or which is otherwise inappropriate, as determined by NJTech in its sole and absolute discretion.  

(b) Customer's who have incorrect or bad scripts running on shared servers that result in increased CPU usage, slow down of the server(s) and/or stoppage of the server will have their sites shut down immediately until the problem is corrected.   NJTech will not be held responsible in any way for the downtime associated with Customer's bad scripts that require closure of the responsible site, nor will any financial remuneration or refund be issued for such a closure.

13. PAYMENT METHODS

13.1 Currency. All prices are in US dollars.

13.2 Credit Card Payment.  By paying for their account by credit card, whether by online order form, fax or phone, Customer hereby agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees.

13.3 Payment Terms. All amounts payable under this Agreement will be due and payable within thirty (30) days from the date of invoice. All amounts not paid when due shall bear interest at a rate of 1.5% (18% per year) or the highest rate permitted by applicable l aw, whichever is less. Customer shall reimburse NJTech for any reasonable expenses, including attorney's fees, incurred by NJTech in connection with the collection of any amounts payable under this Agreement.

14. DOMAIN DELETIONS

Domain deletion of any/all Customer domains that are hosted on NJTech servers MUST be specifically requested in writing by filling out the DELETION REQUEST FORM.    NJTech will not be held responsible for any charges incurred by a Customer who fails to fill out the DELETION REQUEST FORM for the removal of a domain(s) from their account.   Until the DELETION REQUEST FORM is filled out, charges will apply for the domain(s) in question.

15. NONASSIGNABILITY

Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of NJTech, which consent shall not be unreasonably refused. Any attempted assignment by Customer without prior written consent shall be void.

16. PARTIAL INVALIDITY

If any provision of this agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. NJTech and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.

17. APPLICABLE LAW, JURISDICTIONAL MATTERS

This agreement takes effect when accepted by NJTech in Ontario. It is to be governed by and construed under the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein. The federal and provincial courts of the Province of Ontario shall have exclusive jurisdiction to adjudicate any nonarbitrable dispute arising out of this agreement.

18. NOTICES

Any notice or other communications to the parties shall be sent to the addresses set out above, or such other places as they may from time to time specify by notice in writing to the other party. Any such notice or other communication shall be in writing and shall be given by personal delivery, pre-paid registered mail, facsimile or email. Any such notice or other communication will be deemed to have been given when such notice should have reached the addressee in the ordinary course unless there are reasonable grounds for believing that the recipient of the notice or other communication did not receive it at that time or at all.

19. PROMOTIONS

19.1 All promotions offered are subject to change at any time without notice.

19.2
Promotions regarding free domain registrations require a minimum full year commitment of domain hosting, paid in full upon sign-up. Should the domain hosting associated with the free domain registration be cancelled for any reason, whether by Customer or NJTech Solutions, a fee of $8.99 will be held back or charged to the customer.

19.3
Promotions offering free hosting are subject to an agreement and prepayment for 1 (one) year of hosting. The promotion applies only to the plan fee and does not include any set-up fees or optional features. The free portion of the hosting agreement is applied to the final months of hosting not including the final month of service.

20. MODIFICATIONS

NJTech may make changes to this agreement upon written notice to Customer, advising of the change and the effective date thereof. Utilization of the Services by Customer following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the written consent of both parties.

NJ Tech Solutions Inc.
1 Stafford Road, Suite 277
Nepean, ON K2H 1B9, Canada
North America: 866.397.4678
International: 314.480.4561
Fax: 613.482.4531

21. NO WAIVER

No waiver by either party of any breach of any term of this Agreement by the other party will be deemed to be a waiver of any other breach, whether of the same or any other provision. No delay or omission on the part of either party to exercise or avail itself of any right that it has or may have as a result of any breach by the other party will operate as a waiver of any such breach.

22. LANGUAGE.

The parties confirm that it is their wish that this Agreement as well as all other documents relating to this Agreement, including notices, be drawn up in English only.

23. SURVIVAL.

Sections 1, 2, 3, 4.3, 5-11, 12.3, 12.4, 12.5, 13-18 and 20-23 and any other provision which is required to ensure that the parties fully exercise their rights and their obligations hereunder will survive the expiry or termination of this Agreement.



Web Site Hosting Acceptable Use Policy


ACCEPTABLE USE POLICIES

This Acceptable Use Policy specifies the actions prohibited by NJ Tech Solutions, Inc. to users of the network. By using the network, you acknowledge that you and users that have gained access to the network through your account, have read, understood, and agree to abide by the Policies. You are responsible for violations of these Policies by any User. While it is not our intent to control or monitor your on-line communications, we may block services that we deem to be in violation of the Policies or that we otherwise deem harmful or offensive.

NJ Tech Solutions Inc. reserves the right to modify the Policy at any time, effective upon posting of the modified Policy to this URL: http://www.quickhost.com/aup.php.


ILLEGAL ACTIVITIES

The Network may only be used for lawful purposes. Use of the Service for transmission, distribution, retrieval, or storage of any information, data, or other material in violation of any applicable law or regulation (including, where applicable any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent, or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws, or is obscene, defamatory, or otherwise unlawful.

Network and System Security Violations of system or network security are prohibited, and may result in criminal and civil liability. NJ Tech Solutions Inc. will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:

- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any user, host or network including, without limitation, mailbombing, 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.
- Attempt to gain unauthorized access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information.
- Engage in any activities that may interfere with the ability of others to access or use the Service or the Internet.


EMAIL/USENET

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site. All postings to Usenet must comply with that group's usage policies. Crossposting and/or off topic messages, including commercial messages, is explicitly prohibited.

Nothing contained in this policy shall be construed to limit NJ Tech Solutions actions or remedies in any way with respect to any of the foregoing activities, and NJ Tech Solutions reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the NJ Tech Solutions service, and levying cancellation charges to cover NJ Tech Solutions's costs in the event of disconnection of dedicated access for the causes outlined above.

If you become aware of any violation of these Policies by any person, including Users that have accessed the Service through your account, please notify us at abuse@quickhost.com. We will notify you, our Customer, of complaints received by us regarding each incident of alleged violation these Policies by your Users of the Service. You agree to promptly investigate all such complaints and take all necessary actions to remedy any actual violations of these Policies. We may identify to the complainant that you are investigating the complaint and may provide the complainant with the necessary information to contact you directly to resolve the complaint. You shall identify a representative for the purposes of receiving such communications. We reserve the right to install and use, or to have you install and use, any appropriate devices to prevent violations of these Policies, including devices designed to filter or terminate access to the Services provided by us.