QuickCase SM

 

 

Terms of Service

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Revised:  October 11, 2002

I. Introduction

This entire Webpage at http://www.quickcase.com/termsofservice.htm ("Terms of Service") describes the basis upon which we provide to you the use of this QuickCase Website at http://www.quickcase.com and its linked Webpages, databases and electronic files, as well as our Services and Products. "We," "us" and "our" means QuickCase LLC, an Ohio limited liability company and our Affiliates. "You" or "your" of course refers to you, the customer and your employees and agents, who use the QuickCase Website and/or purchase Services and Products from us. Our "Services and Products" may be provided to you at no cost or for a fee, and include:

Your use the QuickCase Website constitutes your agreement to be bound by the Terms of Service. If you initiate, use and/or purchase from us any of our Services and Products, whether for a fee or otherwise, you agree to be bound by the Terms of Service.  Our customer invoices indicate that your payment constitutes acceptance of the provisions set forth in the Terms of Service at http://www.quickcase.com/termsofservice.htm. We hereby reject any oral or written expression by you to modify or negate any of the terms and conditions set forth herein. If you do not agree to these Terms of Service, do not initiate, use or purchase from us any of our Services and Products, and exit this website.

 

II.  QuickCase Web Hosting Services

Thank you for choosing Quickcase LLC as your source for quality Web Hosting Services. We believe that our service sets the standard in features and value, in large part because of our following policies.

Many of the provisions contained in these Terms of Service have been created to promote the integrity, security, reliability and privacy of the Web Hosting facilities, network, and uploaded data from you and other. We want to make sure that you understand important principles, guidelines and requirements that govern your use of our  Services and Products relating to Web Hosting. If you have any questions about these Terms of Service and your compliance with them, do not hesitate to contact us.

Your payment for your Web Hosting Plan constitutes your acceptance of the Terms of Services, and your use of QuickCase Web Hosting Services constitutes your acceptance of any and all fines, penalties or service charges that may arise out of your violation of the Terms of Service.

A.  Definitions:

  • The "QuickCase Website" is the website located at http://www.quickcase.com and all of its associated Webpages, HTML code, electronic files, data, scripts, graphics and links.
  • "QuickCase Web Hosting Service" means the Web Hosting service and bundle of features described at http://www.quickcase.com/products.htm (and all Webpages linked thereto).
  • "Web Hosting Plan" is the level of service and bundle of features that you select at http://www.quickcase.com/compareplans.htm.
  • "Annual Plan Cost" is the annual cost of the Web Hosting Plan you select as set forth at http://www.quickcase.com/compareplans.htm, exclusive of setup fees, taxes and/or other charges.
  • "Web Server" is a computer that is specifically designed for hosting website and its operations.
  • "Web Server Space" is the amount of hard drive space (measured in megabytes) on a Web Server used for storing electronic files relating to your website, as set forth in the Web Hosting Plan you select.
  • "Webpages" refers to the HTML or other code, scripts, data and other electronic files that create the pages of your website.
  • "Email Server" is a computer that is specifically designed for hosting email and its operations.
  • "Data Transfer Limitation" is the monthly data transfer limitations (measured in gigabytes) for traffic  accessing your website, as set forth in the Web Hosting Plan you select.
  • "Email Cache Limitation" is the amount of hard drive space (in megabytes) on the Email Server for storing email and related files, as set forth in the Web Hosting Plan you select.  This limitation applies to the collective amount of email associated with a domain name, and not to individual email userids.
  • An "Event of Default" triggers the provision set forth at Section II, Paragraph K, Your Default and Termination of Your Account, below.
  • "Web Server Space" is the amount of hard drive space (measured in megabytes) on a Web Server used for storing electronic files relating to your website, as set forth in the Web Hosting Plan you select.
  • "DNS" is the abbreviation for Domain Naming Server, which is a worldwide system of computers that translates your domain name into code that identifies the Web Server hosting your website.
  • Our "affiliates" include:

Business Equipment Company, an Ohio corporation with principal office at Cincinnati, Ohio and doing business as BEC, with whom we have a relationship as an independent contractor.  BEC maintains a website at www.beco.com.  The terms and conditions by which BEC sells its products and services is set forth below at Section III, C.

Express Technologies, Inc., a Kentucky corporation with principal office at Louisville, Kentucky and doing business as halfpricehosting.com, with whom we have a reseller's agreement and other relationships.

PayPal, Inc., doing business as paypal.com, with principal office in Palo Alto, California, with whom we maintain a Business Account pursuant to PayPal's Terms of Use.

Wild West Domains, Inc., an Arizona corporation with principal office at Scottsdale, Arizona and doing business as wildwestdomains.com, with whom we have a reseller's agreement and other relationships.

B.  You must comply with the Law

You agree not to post, transmit, re-transmit or store any Webpages, data or electronic files of any kind on or through any Web Hosting Services that (i) violate local, state, federal or non-United States laws or regulations, (ii) contain materials that threatens or otherwise adversely affects any person, group or entity, (iii) contain materials that violates the rights of person, group or entity, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for your use or (iv) contain Webpages, data or electronic files of any kind that are obscene, indecent or defamatory. We and our

s are the sole and absolute arbiter of who and what violates these Terms of Service. You agree to indemnify, save, defend and hold us harmless from any claims or causes of action for damages, injunctive relief or any other remedies asserted by any person, group or entity resulting from your use of Web Hosting Services, and in addition, you are liable for all of our reasonable attorneys' fees and litigation costs incurred in defending same. You are responsible for determining what laws or regulations apply to you. Under no circumstances do we give legal advice concerning this or any other matter. Consult with your own attorney.

C.  Prohibited Uses of Web Hosting Services

You are only permitted to use QuickCase Web Hosting Services in a manner that, in our sole and absolute judgment, is consistent with the purposes of such QuickCase Web Hosting Services. If you are unsure of whether any contemplated use or action is permitted, please contact and discuss this with us, immediately. The fact that you are granted QuickCase Web Hosting Services does not imply that your intended or actual use complies with these Terms of Service. Moreover, it does not waive our right, in are sole and absolute discretion, to assert any prohibited uses against you. By way of illustration and not limitation, the following uses of QuickCase Web Hosting Services are expressly prohibited:

1.  General

a.  All pornography and pornographic related merchandising is prohibited under all categories of QuickCase Web Hosting Services. This includes sites that provide links to pornographic content elsewhere. Further examples of unacceptable content or links include pirated software, "hacker" programs, archives of "Warez Sites", game rooms or MUDs, Chat Rooms, IRC Bots, Egg Drop programs, and any kind of illegal software or shareware. In addition, sites offering online gambling, casino funtionality, sportsbook betting (including offshore) and internet lotteries are prohibited.

b.  You may not violate the rights of any person, group or entity protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations, and this includes, by way of example and not limitation, the installation (uploading) or distribution of "pirated" or other software products that are not appropriately licensed to you.

c.  You may not take any action that may directly or indirectly restrict, inhibit or impinge upon anyone else's use or enjoyment of Web Hosting Services. By way of illustration and not limitation, you may not SPAM.

2.  System and Network

a.  Generally, you may not undertake any action that we and our affiliates determine, in our sole and absolute discretion, will reflect poorly on us or negatively impact Web Hosting operations.

b.  You may not directly or indirectly induce or affect security breaches or disruptions the Web Hosting Services, network and Internet communications generally. Security breaches include, but are not limited to, accessing data when you are not an intended recipient, or logging into a server or account when you are not expressly authorized to access same. For purposes of this paragraph, "disruptions" include, but are not limited to, port scans, flood pings, packet spoofing and forged routing information.

c.  You may not initiate or use any form of network monitoring that intercepts data not intended for you or your Web Hosting Services.

d.  You may not directly or indirectly circumvent any user authentication or security of any host, network or account.

e.  You may not directly or indirectly interfere with or deny service to any user other than to your own QuickCase Web Hosting Services, Webpages, data and your other electronic files. By way of illustration and not limitation, you may use password protection to access your Website, but you may not cause a denial of service attack against others.

f.  You may not directly or indirectly, by any means, locally or via the Internet, use any program, script or command, or send messages of any kind, designed to interfere with or to disable a user's terminal session.

g.  You may not create an "active" full time connection to your Web Hosting account by using artificial means involving software, programming or any other method. By way of illustration and not limitation, you may not maintain your FTP client connection to your site 24 hours a day.

h.  You may not attempt to circumvent or alter any monitoring, bandwidth tracking or utilization reporting, or undertake any other actions that affects normal Web Hosting operational procedures, including, but not limited to altering, removing or in any way modifying or tampering with Website log files.

i.  You may not directly or indirectly introduce malicious programs such as viruses or worms into the Web Hosting network or server.

j.  You may not undertake any action which we and our affiliates deem, in our sole and absolute discretion, to be an unacceptable use of resources, business practice or otherwise unacceptable to us.

3.  Billing

a.  You may not furnish us with false or incorrect data for any order form, contract or online application. By way of illustration and not limitation, you may not fraudulently use credit card numbers or bank account information.

b.  You may not attempt to circumvent or alter billing or any other procedure to measure time, bandwidth utilization, or other methods to document your "use" of the Web Hosting Services.

4.  Email

a.  You may not send unsolicited commercial email messages ("UCE"), including sending "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previously your customers or with whom you do not have an existing business relationship (this is commonly referred to as "SPAM").

 

b.  You may not send any UCE that references an email address connected in any way with your Web Hosting Services, Webpages, data and your other electronic files, or other domain or IP address hosted by us and/or our affiliates.

c.  You may not post any advertisements on IRC, ICQ, or any other public chat system containing an email address connected in any way with your Website or QuickCase Web Hosting Services, including Webpages, data and your other electronic files, or other domain or IP address hosted by us and/or our affiliates.

d.  We and our affiliates will be the sole and absolute arbiter as to what constitutes a violation of these provisions.

e.  You may not directly or indirectly harassment and person, group or entity, whether through language, frequency or size of message.

f.  You may not forge or use without specific authorization, any mail header information.

g.  You may not solicit email for any other email address with the intent to harass or collect replies.

h.  You may not create or forward what is commonly referred to as "chain letters" or "pyramid schemes" of any type.

i.  You may not use or collect unsolicited email or replies to UCE originating from within our Web Hosting Services or that of our affiliates, or the network of any Internet Service Providers, whether for your own account or on behalf of anyone else.

j.  You may not engage in any activities deemed to be unsolicited marketing efforts or otherwise harassing in any way.

k.  You will be charged as liquidated damages, and not as a penalty, a minimum $500.00 service charge for each instance of a verifiable UCE that is reported to us and our affiliates. Moreover, you face immediate account suspension and/or termination, as well as further penalties, more particularly set forth below.

D.  Bandwidth & Utilization

You are provided the allotted Web Server Space, Data Transfer Limitation and Email Cache Limitation in good faith for only legitimate business purposes of running a website, so that you may create and maintain websites without the fear of running over any web traffic allocation. While most customers will use the space and traffic for legitimate business and website needs, we recognize that others may try to take advantage of this policy and use the Web Space and traffic in ways not intended. In the best interests of you and all of our other customers, the following common sense rules apply to you so that we can maintain the integrity of Web Hosting Services:

1.  You and your site will use and store only Webpages, data and other electronic files that relate to your Website at the IP address that we or our affiliates designate.

2.  You will not resell or give away Web Space under your domain name. Moreover, you will not build Websites that house "sub domain" Websites on behalf of other persons, groups or entities.

3.  You neither will use your Website to store Webpages, data or other electronic files for other IP addresses or domain names, nor use your Website as a repository for electronic file, data or "Warez group" download transfers. We and our affiliates reserve the right to make this determination in our sole and absolute discretion.

4.  You are provided the allotted Web Server Space and Data Transfer Limitation for active Webpages only. Accordingly, you will not use the Web Space as a "storage space" for data and other electronic files unrelated to the active Webpages. By way of illustration and not limitation, you may not use the Web Space for "electronic storage" of large archives of images, compressed files, movies, or sound files. The Web Hosting Service does permits up to 15 megabytes of archive storage, such as .avi or .wav files, images, compressed files, shareware, games, programs, etc., but your Website's active Web pages MUST be linked to these files.

5.  You may not store or distribute MP3 format files.

6.  You are not permitted to use the Web Server Space, Webpages, data and other electronic files or maintain a website where 20% or more of the your monthly traffic is from file downloads, or 10% or more of system resources of any Web Server that serves your Web Space. We may in our sole and absolute discretion terminate your Web Hosting Services if you use your Web Space, Webpages, data or other electronic files or maintain your Website in any manner detrimental to the enjoyment of others using our Web Hosting Services or that of our affiliates.

7.  We reserve the right to charge you for date transfer utilization in excess of your Data Transfer Limitation at the rate of $10.00 per gigabyte of overage.  Your failure to pay charges for overage is an Event of Default.

8.  The Email Cache Limitation is calculated per domain name, rather than by email user or number of email boxes associated with a domain name.  You may purchase additional space for a fee, or upgrade to a Web Hosting Plan that provides more capacity.  The Email Cache Limitation can be avoided entirely by setting your email reader to clean email off  the email server once it is downloaded, or you may forward your email box to a free service that provides email caching (i.e., Yahoo, etc.).  Your failure to comply with the Email Cache Limitation is an Event of Default.

We and our affiliates may take whatever steps necessary to ensure that you do not utilize services to the detriment of others. This includes the metering of your site. We and our affiliates are the sole and final arbiter as to your Website's usages of Web Server and Email Server resources and bandwidth that violates the Terms of Service. If you do not comply with these simple rules, or seek in any way to to take advantage of the unlimited monthly data transfer, we, in our sole and absolute discretion, may cancel and terminate your Web Hosting Plan, Web Server Space and Website, including, but not limited to, the removal of your Webpages, data or other electronic files from the Web Servers and terminating your email account and mailboxes associated with your domain name on the Email Server..

We and our affiliates are the sole and final arbiter as to usage of Web Server and Email Server resources and bandwidth that constitute violation or intent to violate the Terms of Service.

E.  Account Activation, Automatic Renewal and Refusal of Service

1.  Your payment to activate your Web Hosting Plan and commence QuickCase Web Hosting Services, including all initial setup fees, is due at the time of signup. This and all subsequent payments must be in U.S. Dollars.

2.  Unless the cost of the Web Hosting Plan changes or you decide to switch plans or you timely indicate in writing or email otherwise, your QuickCase Web Hosting Services will be based on the election of Annual Plan Cost, which will automatically renew for successive 12 month periods. We will bill you 45 days prior to the anniversary date when the QuickCase Web Hosting Services commenced, and full payment is due 30 days prior to the anniversary date. By submitting to us credit card or ACH information, or information relating to any other form of Internet payment system, you agree to authorize all recurring charges to the credit card or Internet payment system, as the case may be. We will initiate such recurring charges on the 30th day prior to the anniversary date, so any written instruction from you to change your QuickCase Web Hosting Services must be received by us prior to that date. This policy avoids the chance that your service is disrupted.

3.  If you have a Web Hosting Plan in which you are paying monthly or quarterly, your Web Hosting Plan will automatically renew each month or quarter, as the case may be. Unless the cost of the Web Hosting Plan changes or you decide to switch plans or you timely indicate in writing otherwise, your account will automatically renew each month or quarter, as the case may be. For all Web Hosting Plans in which you are paying monthly or quarterly, you are required to submit to us credit card or ACH information, or information relating to any other form of Internet payment system, and you agree to authorize all recurring charges to the credit card or Internet payment system, as the case may be. For monthly accounts, you must pay for two months of service upon commencing your Web Hosting Services, and we will initiate payment of such recurring charges 31 days prior to the expiration of service.  For quarterly accounts, we will initiate payment of such recurring charges 31 days prior to the expiration of service. Any written instruction from you to change your Web Hosting Services must be received by us prior to that date. This policy avoids the chance that your service is disrupted.

4.  At time of order, you agree to pay the fees for Web Hosting Services ordered from us as published at http://www.quickcase.com/compareplans.htm and for such other setup fees and charges we quote to you.. We reserve the right to change our fees, charges and rates as well as our features and discount offerings without prior notice to you. Any such changes will take effect upon renewal of the your Web Hosting Services account, immediately for new purchases or upgrades, and you agree to be bound by any  such changes.

5.  We and our affiliates reserve the right to refuse or deny Web Hosting Services in our sole and absolute discretion.

6.  You may be assessed a $100.00 reactivation fee for each time your account is suspended due to a billing-related issue.

7.  Should you decide to terminate QuickCase Web Hosting Services, you are not entitled to and will not receive a refund for any paid setup fees or plan charges. To terminate QuickCase Web Hosting Services, you must follow the instructions at http://www.quickcase.com/terminatehosting.htm. We are not responsible for the initiation of any recurring charges unless you follow these insturctions.

F.  Indemnification

You agree to indemnify, save, defend and hold us and our affiliates harmless from any and all charges, expenses, claims and causes of action for damages, injunctive relief or any other remedies asserted by any person, group or entity resulting from your use of QuickCase Web Hosting Services and for any matter arising from or relating to your Website, Webpages, data or other electronic files. In addition, you are liable to us for all of our reasonable attorneys' fees and litigation costs incurred in defending same.

G.  Relationship of Parties

Nothing contained in the Terms of Service shall be deemed to create a relationship between you and us in the nature of a partnership, joint venture, enterprise, editor/publisher or otherwise. You acknowledge and agree that we and our affiliates have no interaction with your Website, Webpages, data or other electronic files or the substance of your Website, except as necessary to maintain the Website on Web Servers and the Email Server.

H.  Security and Software

1.  You agree to take all reasonable, necessary and prudent steps to protect your login ID and password.

2.  You agree not to attempt to undermine or cause harm to any Web Server, Email Server, software, system or customer of us or our affiliates.

3.  You agree to maintain your computer equipment in a responsible manner, including running and maintaining commercially available anti-virus software.

4.  If you upload a virus to a Web Server, we reserve the right in our sole and absolute discretion to terminate your Web Hosting Services.

5.  You acknowledge that we and our affiliates cannot provide technical support for any software and/or script that you install or intend to use. You also acknowledge that we and our affiliates do not supply technical support for any version of Microsoft FrontPage. We provide technical support for web hosting issues only and we, in our sole and absolute discretion will determine what constitutes a "Web host" issue.

6.  You are solely responsible to maintain an adequate backup storage policy and procedure, and regularly backup your own local computer files, which shall include any and all versions of Webpages, data or other electronic files that you upload to the Web Server Space on the Web Server.

I.  Confidentiality and Passwords

1. You acknowledge that by commencing and maintaining QuickCase Web Hosting Services, both we and you may have access to certain products, information, user identifications, passwords and materials relating to the other’s business, which may include business plans, customers lists, software technology, and marketing plans ("Confidential Materials") that are confidential and of substantial value to either party, respectively, and the value of Confidential Information would be impaired if disclosed to third parties. Consequently, both we and you agree not to use Confidential Materials in any way for one's own account or for the account of any third party, and not to disclose same to any third party.

2.  We and you further agree to take every appropriate precaution to protect the confidentiality of Confidential Information. Upon the termination of QuickCase Web Hosting Services for any reason, there shall be no use or disclosure by either party of any Confidential Materials in one's possession, custody or control, and all Confidential Materials shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of QuickCase Web Hosting Services for any reason.

3.  Please note that in setting up your QuickCase Web Hosting Services, we will set a login ID and password to access your domain, Web Server Space, Webpages, data and other electronic files that relate to your Website (collectively, the "Domain Passwords"). For security, you may want to change your domain password to something else after the setup is complete. We will not have a record of your new Web Passwords unless you disclose same to us. If as part of the setup for your Web Hosting Services, you ask us to setup your email service, then initially you must disclose to us the username IDs and associated passwords for the email service (collectively, the "Email Passwords"). If you want us to maintain a record of your Domain Passwords and Email Passwords, we may charge you an annual fee for this service. Otherwise, we may charge you a fee if later you want such information from us and our archived records. You agree that we are not obliged to keep a record of your Domain Passwords and Email Passwords or any other access key, unless you pay us an agreed fee specifically to maintain same. If you want to disclose to us your Web Passwords and/or Email Passwords, you should send to us an email to disclose them. If you are concerned about securely transmitting this information, contact us about how to use Microsoft Word or Excel or Corel WordPerfect to prepare a disclosure document attachment with password protection. Nothing herein relieves your obligation to create and maintain an accessible confidential record of all Domain Passwords and Email Passwords and any other access keys relating to your website and domain name.

J.  Registration, Ownership, Transfer and Renewal of Your Domain Name

1.  Your QuickCase Web Hosting Service is dependent upon your maintaining the registration of your domain (e.g., yourdomain.com), in which you have specific and exclusive ownership rights. Domain registration is a procedure and expense distinguished from the QuickCase Web Hosting Service. Should you use the domain registration service of QuickCase LLC, or VeriSigns, Reigsiter.com or other ICANN authorized domain name registration company, you will be billed directly and required to pay all applicable fees to activate, transfer and/or  renew your domain registration. The activation and every renewal of your domain name are solely your responsibility, and not that of us, our affiliates or anyone else. We strongly urge you regularly to review and update your account information on file with VeriSign or other "Whois" information to ensure accuracy. Mark your master calendar well in advance of your domain registration renewal date to track and confirm its renewal.

2.  If the activation of your account requires the transfer of your domain name, you understand that the agency known as InterNIC needs to approve your domain transfer. This process may take several business days or more, and requires the cooperation of your prior web host, as well as the company through whom you registered your domain name. Your new QuickCase Web Hosting Services cannot be fully accessed until your domain transfer is completed.

3.  If you use our service to register, transfer and/or renew your domain name, you understand that our service is subject to the terms and conditions set forth at section IV., below.

K.  Your Default and Termination of Your Account

1.  Without prior notice to you, we reserve the right in our sole and absolute discretion to immediately deactivate your Web Account and QuickCase Web Hosting Services, terminate your Web Hosting Plan, and remove your Webpages, data or other electronic files from the Web Servers upon your breach of any term or condition of the Terms of Service, including by way of illustration and not limitation, the occurrence of any of the following events:

a.  Your failure to pay any charges when due. Accounts that have balances outstanding shall be deemed to be in default and subject to termination of QuickCase Web Hosting Services.

b.   Any attempt by you to undermine or cause harm to any Web Server or Email Server or another customer's Web presence. 

c.  Any attempt by you to undermine or cause harm to any other person's Web presence.

d.  The commencement of any lawsuit, arbitration or other legal proceeding against you that arises from or relates to your Website or use of the Web Space, whether or not such lawsuit, arbitration or other legal proceeding names us or seeks any recovery or other remedy from us.

2.  You are not entitled to any refund of any amount paid if you have defaulted hereunder, will be deemed to waive any claim for refund relating to the balance of QuickCase Web Hosting Services to be provided under the Web Hosting Plan you have selected.

3.  Your violation of the Terms of Service may result in our commencing legal action against you, in such case you are liable to us for all costs of litigation and collection, including reasonable attorney's fees and court costs. You agree that the Terms of Service is an Agreement between you and us made in Hamilton County, Ohio, and you irrevocably submit to the jurisdiction of the municipal and common pleas courts located in Hamilton County, Ohio should we need to institute any legal action against you for violating the Terms of Service.

4.  Upon your violation of the Terms of Service, you recognize that you have caused us harm.  We therefore reserve the right to charge you as liquidated damages, and not as a penalty, the sum of $500.00 for each instance of violation to cover our expenses for the bandwidth and/or other resources wrongfully utilized and for the removal of your Webpages, data or other electronic files from the Web Server and Email Server.

L.  Other Provisions

In addition to the foregoing, your rights and remedies against us are further limited to the terms and conditions set forth at Section VI: Other Provisions, which are hereby incorporated by reference in this Section II: QuickCase Web Hosting Service, as if fully set forth herein.

 

III.  Products, Services and Support

This section applies to our Products, Services and Support, other than QuickCase Web Hosting Services, which is subject to the terms and conditions at Section II, above; and, Domain Name Registration, which is subject to the terms and conditions at Section IV, below.

A.  When we charge and you pay:

You may inquire of us about, and we may feature, recommend and sell to you certain Products, including computer hardware and software, peripherals, merchandise and other electronic or mechanical equipment; Services for setup, configuration and integration of Products, QuickCase Web Hosting Services and/or items that you have purchased from others; and, Support for Products, QuickCase Web Hosting Services and/or items that you have purchased from others.  By purchasing Products, Service and Support from us, you agree to be bound by the provisions contained in these Terms of Service. You are responsible for obtaining the benefit of any and all product warranties directly from the manufacturer. You represent that you are not relying upon any recommendation or warranty from us. You must fill out all Product warranty registration forms and return same to the manufacturer. Payment for such Products and our configuration and integration services, if any, is due in full at the time you place the order with us.

B.  When there is no fee:

Notwithstanding any provision or expectation to the contrary, your use of the QuickCase Website is solely at your own risk. We have no liability to you for the accuracy or completeness of any statement or recommendation made anywhere in the QuickCase Website.

In addition to the foregoing, your rights and remedies against us are further limited to the terms and conditions set forth at Section VI: Other Provisions, which are hereby incorporated by reference in this Section III: Products, Services and Support as if fully set forth herein.

C.  When we sell products to you as an agent of Business Equipment Company:

We may sell to you Products and/or Services as an agent of Business Equipment Company ("BEC").  The following are BEC's QuickCase Sales Terms and Conditions: 

BUSINESS EQUIPMENT COMPANY
QUICKCASE SALES TERMS AND CONDITIONS

The following are the Terms and Conditions under which Business Equipment Company ("BEC") sells and licenses Products and Services through its agent QuickCase LLC:

1.   Orders, Prices and Fees
Prices and fees for Products, Distributed Software, and Services will be as specified in a Sales Order invoice to you, and do not include taxes (if any) and shipping, handling and insurance fees (if any).  When purchasing Products, Distributed Software, and Services, you agree to pay all amounts set forth in the Sales Order invoice without setoff of any kind.  You will not be charged a fee for using a credit card in connection with your purchase.

2.   Taxes
Purchaser shall pay all federal, state, and local sales, use, property, excise, or other taxes imposed on or with respect to the purchase price of the Products, Distributed Software, and Services.

3.   Delivery
You will be responsible for all shipping and other transportation charges, and for insuring the Products and Distributed Software against loss or damage during shipment.

4.   Payment Schedule
Full payment is immediately due upon invoice. Products, Distributed Software, and Services will not be shipped or provided until receipt of payment in full.

5.  Cancellation
You may cancel your order within 5 days from the date  you have made your order and paid the invoice for Products, Distributed Software, and Services.  For all cancellations, you are subject to a 15% restocking fee due at the time your cancel your order.  If the items have already shipped, you are responsible for all shipping, handling and insurance charges incurred in addition to the restocking charge.,

6. Limited Warranties by Manufacturer
Products and Distributed Software is warranted by the Manufacturer to you against defects in workmanship and material during the applicable warranty period. You are responsible for completing all steps required by the Manufacturer to initiate such warranty coverage, including by way of example and not limitation, the filling out and mailing of warranty registration cards. Such warranties generally exclude  improper use or operation of the Product or Distributed Software outside the specified environmental conditions, or damage to the Product or Distributed Software  occurring after delivery to your, or modifications to the Product or Distributed Software other than authorized modifications, as well as documented or undocumented software “bugs” or glitches of the type commonly experienced in all modern software.
7. Limitation of Remedies and Liabilities with respect to BEC
You agree that BEC’s liability and your sole and exclusive remedy pursuant to any claim of any kind, iinlcuding by way of example and not limitation, a claim in contract, negligence, professional malpractice or strict liability, against BEC, shall be (1) repair or replacement, at BEC’s sole option, of defective Product or Distributed Software or parts thereof or the correction of Software, or (2) a refund of the price allocable to the defective Product  or part thereof or Distributed Software if BEC is unable to effectively repair, replace or correct such defect within a reasonable time after using its best efforts. UNDER NO CIRCUMSTANCES SHALL BEC HAVE ANY LIABILITY WHATSOEVER FOR ANY COMPENSATORY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUE, LOSS OF USE, LOST PRODUCTION, OR CONSEQUENTIAL PROPERTY DAMAGE; COST OF CAPITAL; OR COST OF REPLACEMENT EQUIPMENT. Any actions against BEC must be brought within twelve (12) months after the cause of action arises.  ANY CONTROVERSY, CLAIM OR OTHER MATTER THAT YOU ASSERT AGAINST BEC ARISING OUT OF OR RELATING TO THE QuicKcase Sales terms and conditions and/or the terms of service , OR THE ALLEGED BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION BROUGHT AND MAINTAINED AT CINCINNATI, OHIO IN ACCORDANCE WITH THE THEN EXTANT RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT, IF ANY, UPON THE AWARD RENDERED BY ONE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. BEC SHALL NOT BE LIABLE TO YOU FOR ANY COST THAT YOU INCUR FOR ARBITRATION AND/OR LITIGATION, INCLUDING YOUR ATTORNEY'S FEES, FILING FEES AND ARBITRATOR'S FEES.

8. Delays
The sale of all Products, Distributed Software, and Services is subject to availability. You  acknowledge that the Products, Distributed Software, and Services  may have to be ordered from and be made subject to delivery by manufacturers, distributors, wholesalers, or transport companies not subject to the control of BEC or QuickCase LLC.  Upon acceptance of the invoice, we agree to provide you with our best estimate of the time of delivery of each ordered item. However, we and BEC shall not be liable for any damages, whether direct, indirect, special, incidental, consequential, exemplary or of any other nature, for delay in delivery or installation, or for the failure to give notice of such delay, when delay is due to factors beyond the reasonable control of BEC or us, including by way of example and not limitation, delays in transportation, delays due to labor strife, acts of God, or delays in delivery by manufacturers, distributors or other third-party vendors. In addition, we and BEC shall not be liable for any delay which shall be due to or reasonably within the your control, whether by your action or inaction.

9. General Provisions
These QuickCase SalesTerms and Conditions will supersede any previous communications, representations, or agreements, written or verbal, between BEC and you.  Any modification to these QuickCase Sales Terms and Conditions must be in writing and signed by authorized representatives of BEC and you. This agreement is governed by and construed under the laws of Ohio. [end of BEC's QuickCase Sales Terns and Conditions.]

We will identify all Products and/or Services that we may sell to you as an agent of BEC, and in such case, you shall be subject to and bound by BEC's QuickCase Sales Terms and Conditions, in addition to the other terms and conditions set forth in the Terms of Service.

IV.  Domain Name Registration

By obtaining a domain name registration through use of the Webpages, links and scripts of this QuickCase Website, you agree to all of the following terms and conditions.

A.  You understand that you are establishing a relationship with our affiliate, Wild West Domains, Inc., which is a separate legal entity apart from us.

B.  You are bound by the terms and conditions of the Registration Agreement and other agreement of Wild West Domains, Inc. linked to the website at http://wildwestdomains.com as amended from time to time (the "Registration Agreement"). As of the date first written above, this may be viewed at http://www.wildwestdomains.com/legal_agreements.asp?prog_id=wildwestdomains (or if this becomes a broken link, you may view same by clicking the link entitled "Legal Agreements" located at the bottom of the http://wildwestdomains.com home page. 

C.  You are bound by all policies of and all agreements between Wild West Domains, Inc. and the Internet Corporation for Assigned Names and Number, as amended from time to time.

D.  You agree that any dispute with respect to your domain name will be subject to the provisions of the uniform domain name  dispute policy s such policy is amended and revised from time to time (the "Uniform Domain Name Dispute Policy").  This may be viewed at http://www.wildwestdomains.com/legal_agreements.asp?prog_id=wildwestdomains  (or if this becomes a broken link, you may view same by clicking the link entitled  entitled "Legal Agreements" located at the bottom of the http://wildwestdomains.com home page and then "Uniform Domain Name Dispute Policy" located at the bottom of the left-hand column at http://www.registrars.com).

E.  All fees billed for domain name registration will be billed directly to your credit card by Wild West Domains, Inc.

F.  You will transfer authoritative DNS control and technical support of your domain name to us. We require you to set your domain name registration of any domain hosted which we host to our domain name servers at ns1.quickcase.com and ns2.quickcase.com.   Third-level domains are provided for 30 days after account creation and may not be used as a primary means of access to an assigned web space.

G.  We do not warrant, and you assume all risks relating to, the quality, availability, timeliness, completeness and accuracy of any WHOIS information about the availability of domain names for registration or information relating to domain names already registered that you may obtain through use of the Webpages, links and scripts of this QuickCase Website. 

H.  In addition to the foregoing, your rights and remedies against us are further limited to the terms and conditions set forth at Section VI: Other Provisions, which are hereby incorporated by reference in this Section IV: Domain Name Registration, as if fully set forth herein.

V.  CLASS ACTION WEBSITES

 

VI.  Other Provisions

A.  Estimates

All quotes involving Services and Support are based on an estimate of the number of hours of work to complete a project, installation or configuration or any phase thereof, based on impressions at the time of the quote. Actual time required may vary based on many variables that are difficult to predict. Some of the variables that cause unforeseen integration issues include but way of example and not limitation: your existing hardware and software and its installation and maintenance; your resolution of issues addressed at time you place the order; your change of scope of the installation or configuration; the technical ability of you and your staff; the degree of you or your staff's involvement in project, installation and configuration; work conditions present at your facility; latent bugs in software that you selected for integration, and other situations that are beyond the our control. We reserve the right to change our quotes at any time.

B.  Delays

You acknowledge that the QuickCase Web Hosting Service, Products, Service and Support provided pursuant to the Terms of Service may be ordered from and subject to availability and/or delivery and/or service provided by vendors, manufacturers, distributors, wholesalers, or transport companies not subject to our control. We shall not be liable for any claims for damages, whether direct, indirect, special, incidental, consequential, exemplary or of any other nature, for delay in delivery or installation, or for the failure to give notice of such delay, including by way of example and not limitation, delays in transportation, scheduling or unavailability of labor, delays due to labor strife or acts of God,  war, riot or terrorism, delays in delivery by manufacturers, distributors or other third-party vendors, and delays due to or reasonably within your control, whether by your action or inaction.

C.  IMPORTANT: READ CAREFULLY

-- DISCLAIMER AND LIMITATION OF DAMAGES

1.  DISCLAIMER. YOUR USE OF THIS QUICKCASE WEBSITE AND ALL QUICKCASE Web Hosting SERVICE, PRODUCTS, SERVICES AND SUPPORT ARE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES PROVIDE TO YOU THIS QUICKCASE WEBSITE AND ALL QUICKCASE Web Hosting SERVICE, PRODUCTS, SERVICES AND SUPPORT AS IS; AND WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES HEREBY DISCLAIM WITH RESPECT TO THIS QUICKCASE WEBSITE AND ALL QUICKCASE Web Hosting SERVICES, PRODUCTS, SERVICES AND SUPPORT ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, LACK OF ERROR, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, INTERRUPTION OF QUICKCASE Web Hosting SERVICE, LOSS OF YOUR DATA (WHETHER RESULTING FROM DELAYS, FAILURE OF DELIVERY, WRONG OR INADVERTENT DELIVERY), AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY US, OUR EMPLOYEES, AGENT AND AFFILIATES OR ANY OTHER CAUSES. MOREOVER, NEITHER WE NOR OUR AGENTS, SUPPLIERS AND AFFILIATES MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THIS QUICKCASE WEBSITE AND ALL QUICKCASE Web Hosting SERVICE, PRODUCTS, SERVICES AND SUPPORT, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION CONTAINED OR PROVIDED THROUGHOUT THIS WEBSITE, QUICKCASE.COM. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THIS QUICKCASE WEBSITE AND ALL QUICKCASE Web Hosting SERVICES, PRODUCTS, SERVICES AND SUPPORT AND ANY SUBSEQUENT SUPPORT SERVICES REMAINS WITH YOU.

2.  EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THIS QUICKCASE WEBSITE AND ANY QUICKCASE Web Hosting SERVICE, PRODUCTS, SERVICES AND SUPPORT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF WE AND OUR AGENTS, SUPPLIERS AND AFFILIATES, OR ANY OF US, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU OR ANY OTHER PERSON OR ENTITY ASSERT A CLAIM AGAINST US, INCLUDING ANY CAUSE OF ACTION BASED ON CONTRACT, TORT OR STRICT LIABILITY, OUR SOLE CUMULATIVE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES AND CHARGES PAID TO US BY YOU DURING THE 12 MONTHS PRIOR TO WHEN SUCH CLAIM ARISES FOR THAT PARTICULAR QUICKCASE WEBSITE OR QUICKCASE Web Hosting SERVICE, PRODUCTS, SERVICES OR SUPPORT, IF ANY, THAT YOU COMPLAIN ABOUT.

3.  LIMITATION OF LIABILITY AND REMEDIES.  NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT CLAIM OR INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF US AND OUR AGENTS, SUPPLIERS AND AFFILIATES AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF $25.00 OR THE AMOUNT THAT YOU ACTUALLY PAID TO QUICKCASE LLC, WITHIN THE PAST 12 MONTHS FROM THE DATE OF THE ACCRUAL OF SUCH CLAIM , FOR THAT PARTICULAR QUICKCASE WEBSITE OR QUICKCASE Web Hosting SERVICE, PRODUCTS, SERVICES OR SUPPORT, IF ANY, THAT YOU COMPLAIN ABOUT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ANY ACTION AGAINST US MUST BE COMMENCED WITHIN 12 MONTHS AFTER THE CLAIM ARISES.

4.  ARBITRATION.  ANY CONTROVERSY, CLAIM OR OTHER MATTER THAT YOU ASSERT AGAINST US ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, OR THE ALLEGED BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION BROUGHT AND MAINTAINED AT CINCINNATI, OHIO IN ACCORDANCE WITH THE THEN EXTANT RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT, IF ANY, UPON THE AWARD RENDERED BY ONE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. WE SHALL NOT BE LIABLE TO YOU FOR ANY COST THAT YOU INCUR FOR ARBITRATION AND/OR LITIGATION, INCLUDING YOUR ATTORNEY'S FEES, FILING FEES AND ARBITRATOR'S FEES.

D.  Miscellaneous Provisions

1.  We retain the right to modify the Terms of Service at any time and from time to time. Any such modification shall be immediately effective when adopted by us and published at http://www.quickcase.com/termsofservice.htm, and you agree to be bound thereby. If you have a Web Account, any modification in Terms of Service and price shall be immediately effective upon your renewal of the your Web Account. We maintain a copy of all prior Terms of Service at http://www.quickcase.com/priorterms.htm.

2.  You agree that the Terms of Service is an Agreement between you and us is made in Hamilton County, Ohio.  Should we need to institute any legal action against you for violating the Terms of Service, including by way of example and not limitation, the nonpayment of any amounts due to us,  you irrevocably submit to the jurisdiction of the municipal and common pleas courts located in Hamilton County, Ohio, and you are liable to us for all costs of litigation and collection, including reasonable attorney's fees and court costs, incurred by us in prosecuting such action and satisfying any judgment rendered thereupon.

3.  The headings in the Terms of Service are inserted for convenience and identification only, and are in no way intended to describe, interpret, define or limit the scope, extent or intent of the Terms of Service or any provision.

4.  Our waiver or consent, express or implied, to or of any breach or default by you in the performance of your obligations hereunder is not a consent or waiver to or of any other breach or default in your performance of the same or any other obligations. Failure on our part to complain of any act or to declare you in default hereunder, irrespective of how long that failure continues, does not constitute our waiver of any of our rights with respect to that default.

5.  If any provision of the Terms of Service or the application of any provision to any person or circumstance shall be held invalid, the remainder of the Terms of Service, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected.

6.  The Terms of Service contain the entire agreement between you and us with regard to the matters set forth herein. There are no other understandings or agreements, verbal or otherwise, in relation thereto between you and us, except as herein expressly set forth.

7.  These Terms and Conditions will supersede any previous communications, representations or agreements by us, whether verbal or written. Your request for a subsequent modification of the Terms of Service as applied to you must be in writing and signed by our authorized representative in order to bind us thereto.

8.  This Agreement shall become effective on the date entered into and shall be binding upon and inure to the benefit of you and us, and your and our respective executors, administrators, heirs, successors, delegates, affiliates and/or assigns.

9.  If you are a corporation, partnership, limited liabilty company or entity other than an individual, you represent that you have been duly authorized and empowered to enter into the Terms of Service.

10.  The Terms of Service shall be governed in all respects under the laws of the State of Ohio applicable to contracts made, accepted and performed wholly in Ohio, without application to principles of conflict of laws.

11.  Unless you email us to indicate otherwise, we may include your name and brief description of your business (with hot link to your Website, if any) along with other QuickCase customers on a customer listing Webpage that is maintained within the QuickCase Website.

If you have any questions or comments regarding the Terms of Service, you may contact us as follow:

email: stonehill@quickcase.com
mail: QuickCase LLC, PO Box 15795, Cincinnati, OH 45215-0795
or, telephone or fax: 513-761-7899


We look forward to serving you!

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