Terms of Service
About
Harbor City Digital Ventures, Inc ("the Company") agrees to furnish services to the Subscriber, subject to the following Terms of Service ("TOS").
Use of any Harbor City Digital Ventures, Inc ("the Company") Service constitutes acceptance and agreement to Harbor City Digital Ventures, Inc 's Terms of Service ("TOS") and Acceptable Use Policy ("AUP"). All provisions of this contract are subject to the Terms of Service ("TOS") and Acceptable Use Policy ("AUP") of Harbor City Digital Ventures, Inc . The Terms of Service ("TOS") and/or Acceptable Use Policy ("AUP") may be changed from time to time at the discretion of the Company. Subscriber understands that change to the Terms of Service ("TOS") and/or Acceptable Use Policy ("AUP") by the Company shall not be grounds for early contract termination or non-payment.
IMPORTANT NOTICE: All Payments To Harbor City Digital Ventures, Inc Are Non-Refundable
This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, applicable to contracts enforceable in that state.
Service Rates
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. Any promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Promotion/Coupon Usage
Subscriber acknowledges that any Promotion Code or Coupon Code used is good only for the initial product purchase, and that any upgrade or downgrade performed afterward will be at the current, non-promotional rate.
Service Invoicing
The Subscriber acknowledges that the some services provided are auto-renewing and are clearly shown on the checkout page, and do not automatically cancel at the end of the initial term. Invoices are generated before they are due and are sent via email to the Subscriber's primary email address on file in our billing system. Should subscriber wish to cancel service, the appropriate cancellation procedures, as outlined in these Terms of Service ("TOS"), must be followed. Subscriber also acknowledges that should the subscriber go over their monthly click limit they will be automatically upgraded to the next service level and the upgrade invoice automatically paid using the billing information we have on file.
Disclosure to Law Enforcement
The Company specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Harbor City Digital Ventures, Inc shall have the right to terminate all services set forth in this Agreement.
Communication
The Subscriber acknowledges that email is the primary form of communication used by the Company to contact the Subscriber. You are required to keep your contact information updated. You can modify much of it yourself via our Billing Application. For the fields you cannot modify yourself, open a Help Desk ticket to our Billing Department with your new information. E-mail is the primary form of communication we will use to contact you. We will only contact you via alternate methods should the Company deem it necessary (Invoice, Suspension or Cancellation Notifications are not deemed necessary, nor are general notifications we send out). The Subscriber also acknowledges that the Company is not liable for the Subscriber not receiving an email and that it is the Subscriber's responsibility to ensure the Subscriber's email provider is properly setup to ensure delivery of emails from our domain name(s), including not flagging emails from our domain name(s) as SPAM.
Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the year for that years's support & upgrades. Also, if the automatted payments are setup the annual support & upgrade will begin to try to bill your account 7 days before the due date and if an annual charge it will be 10 days before the due date, to make sure the payments are received and your account does not alpse in support or upgrades for lack of payment. The above applies to all accounts and services provided by Harbor City Digital Ventures, Inc .
Refunds and Disputes
All payments to Harbor City Digital Ventures, Inc are nonrefundable. This includes any one time setup fees and subsequent charges regardless of usage. All over-charges or billing disputes must be reported within 60 days of the time the over-charge or billing issue occurred. If you dispute a charge to your credit card issuer that, in Harbor City Digital Ventures, Inc 's sole discretion is a valid charge under the provisions of the Terms of Service ("TOS"), you agree to pay Harbor City Digital Ventures, Inc an "Administrative Fee" of not less than $50 and not more than $200.
Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Information
You are required to keep your contact information updated. You can modify much of it yourself via our billing system. The fields that you cannot modify yourself, please email support@qualityclickcontrol.com with your new information. Send the email from the email address registered with the Company or include complete login information for your account to the billing system for account verification. E-mail is the primary form of communication we will use to contact you. We will only contact you via alternate methods should the Company deem it necessary (an Invoice, Suspension and Termination notifications are not deemed necessary, nor are general notifications we send out).
Service Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted, altered, deemed unusable for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. The Subscriber further acknowledges that the Company's liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by the Subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury. Furthermore, any subscriber that has paid just a one time fee or annual fee for services acknowledges that the service, depending on popularity, could only be available for 6 months.
Support Boundaries
Harbor City Digital Ventures, Inc , provides 24 x 7 critical technical support to our subscribers. We limit our technical support to our areas of expertise. The following is our guidelines when providing support: Harbor City Digital Ventures, Inc provides support related to your server functioning. Harbor City Digital Ventures, Inc does not offer tech support for application specific issues such as php/cgi programming, html or any other such issue. Harbor City Digital Ventures, Inc does not provide technical support for YOUR customers. We provide an Online Knowledge Base that is quite extensive, containing almost every question we've ever been asked. In most cases, the answer to your question is already contained in our Online Knowledge Base. You can browse the Online Knowledge Base by visiting http://www.qualityclickcontrol.com/manage. If your question is not answered in the Online Knowledge Base, we encourage you to email us at support@qualityclickcontrol.com for assistance. All emails sent there automatically open a Support Ticket. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support. General questions (for example: "How do I?" types of questions) submitted between the hours of 11:00pm Eastern Time ? 8:00am Eastern Time may not be answered immediately. We reserve this time frame for critical issues (for example: "My server is down") that need our immediate attention.
Offensive Content
You may not publish or transmit via the Company's service any content that the Company reasonably believes:
1) constitutes child pornography;
2) is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
3) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
4) is defamatory or violates a person's privacy;
5) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
6) improperly exposes trade secrets or other confidential or proprietary information of another person;
7) is intended to assist others in defeating technical copyright protections;
8) clearly infringes on another person's trade or service mark, patent, or other property right;
9) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
10) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to the Company; or
11) is otherwise malicious, fraudulent, or may result in retaliation against the Company by offended viewers.
Content "published or transmitted" via the Company's service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by the Company.
SPAM and Unsolicited Commercial Email (UCE)
Harbor City Digital Ventures, Inc takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Harbor City Digital Ventures, Inc may not use or permit others to use our network to transact in UCE. Customers of Harbor City Digital Ventures, Inc may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample email being sent from servers. The Subscriber acknowledges full responsibility in keeping their scripts and applications updated with the latest security fixes from each vendor. Not doing so may open up your site for use by people to send UCE. The Subscriber acknowledges that any UCE sent from the Subscriber's services hosted with the Company is solely the responsibility of the Subscriber.
1) Violation of Harbor City Digital Ventures, Inc 's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Harbor City Digital Ventures, Inc will initiate an immediate investigation (within 48 hours of notification). During the investigation, Harbor City Digital Ventures, Inc may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Harbor City Digital Ventures, Inc may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Harbor City Digital Ventures, Inc reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Harbor City Digital Ventures, Inc will notify law enforcement officials if the violation is believed to be a criminal offense.
2) First violations of this policy will result in an "Administrative Fee" of $300.00USD and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $600.00USD and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175.00USD per hour that Harbor City Digital Ventures, Inc personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon re-connection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.
These policies apply to messages sent using our service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via our service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
The Company may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Harbor City Digital Ventures, Inc environment. Violations of system or network security may result in civil or criminal liability. Harbor City Digital Ventures, Inc will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting people who are involved in such violations. These violations include, without limitation:
1) Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
2) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3) Attempting to interfere with service to any user, host or network including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
4) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
5) Taking any action in order to obtain services to which such User is not entitled.
6) Use of the Company's resources (CPU, Disk, Network, etc) in a way that unreasonably interferes with the Company's other customers use of the resources.
Notification of Violation
1) Harbor City Digital Ventures, Inc is under no duty to look at each customer's or user's activities to determine if a violation of the Terms of Service and/or Acceptable Use Policy has occurred, nor do we assume any responsibility through our Acceptable Use Policy to monitor or police Internet-related activities.
2) First violation: Any User, which Harbor City Digital Ventures, Inc determines to have violated any element of the Terms of Service and/or Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Harbor City Digital Ventures, Inc 's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
3) Second Violation: Users that Harbor City Digital Ventures, Inc determines to have committed a second violation of any element of the Terms of Service and/or Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
4) We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Suspension of Service or Cancellation
Harbor City Digital Ventures, Inc reserves the right to suspend network access to any customer if in the judgment of the Harbor City Digital Ventures, Inc network administrators the customer's server is the source or target of the violation of any of the other terms of the Terms of Service and/or Acceptable Use Policy or for any other reason which Harbor City Digital Ventures, Inc chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
Policy Amendments
Harbor City Digital Ventures, Inc reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Harbor City Digital Ventures, Inc must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients as described on these Terms and Conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and Conditions or otherwise called Acceptable Terms of Use Policy.
Indemnification
Harbor City Digital Ventures, Inc wishes to emphasize that in agreeing to the Harbor City Digital Ventures, Inc Terms of Service and Acceptable Use Policy, customer indemnifies Harbor City Digital Ventures, Inc for any violation of the Terms of Service and/or Acceptable Use Policy that results in loss to Harbor City Digital Ventures, Inc or the bringing of any claim against Harbor City Digital Ventures, Inc by any third-party. This means that if Harbor City Digital Ventures, Inc is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Harbor City Digital Ventures, Inc , plus all costs and attorney's fees.
Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail and telephone contacts are used, in that order of preference.
1) A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
2) Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
3) Harbor City Digital Ventures, Inc takes no responsibility for any material input by others and not posted to the Harbor City Digital Ventures, Inc environment by Harbor City Digital Ventures, Inc . Harbor City Digital Ventures, Inc is not responsible for the content of any other websites linked to the Harbor City Digital Ventures, Inc environment; links are provided as Internet navigation tools only. Harbor City Digital Ventures, Inc disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
4) Harbor City Digital Ventures, Inc is not responsible for any damages your business may suffer. Harbor City Digital Ventures, Inc does not make implied or written warranties for any of our services. Harbor City Digital Ventures, Inc denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Harbor City Digital Ventures, Inc .
5) It is absolutely forbidden to host IRC servers on Server Accounts. Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content
You, as Harbor City Digital Ventures, Inc 's customer, are solely responsible for the content stored on and served by a Harbor City Digital Ventures, Inc server and/or service.
Affiliate Program
Harbor City Digital Ventures, Inc may, at any time and without notice, offer and/or remove an Affiliate program. If offered, there is no guarantee to the length of time the program will be open, nor to the amounts paid to our affiliates.
1) Not all products or services are eligible for affiliate commissions. Those not eligible include, but are not limited to, the Quality Click Control Starter Package.
2) An affiliate must be an active client with active, monthly recurring services (plans that have a $0.00 monthly service fee are not eligible) and their account must be in good standing. Accounts not in good standing and/or Service Cancellation will result in the affiliate's outstanding commissions being forfeit.
3) Affiliate commissions are delayed by 45 days and are paid out only if the service that was registered is still active.
4) Affiliate payouts must be requested using our affiliate system. The minimum commission balance affiliates need to reach before making a withdrawal is $100.00 USD.
5) Affiliate withdrawal requests will be fulfilled via PayPal and only performed if there is no outstanding balance due on the affiliate's account (no due invoices). All associated transaction fees are payable by the affiliate.
6) For sales to be eligible for affiliate commission the client must sign up using the affiliate's custom affiliate link. Sign-ups not through the affiliate's custom affiliate link are not eligible for affiliate commission. We will not go back and assign an affiliate's ID to a client.
7) The current affiliate commission is 25% on payments received, both one-time and recurring, though specific products may have different affiliate commission amounts.
8) Affiliate commissions are valid in an affiliate's account for up to 6 months. We will not pay out funds that are in your account for longer than this period of time. Affiliates that do not have funds withdrawn within this period of time forfeit those commissions.
9) Affiliates cannot earn commissions by ordering services for use by any company they are associated with (you can't earn commissions on orders for your use). Trying to circumvent this will result in all of your affiliate commissions being forfeit and potentially being banned as an affiliate.
Contact our Sales Department at sales@qualityclickcontrol.com with any questions you may have regarding our affiliate program.
