Support Services - Service Agreement

My use of Quantum's Services, its systems, servers, and facilities constitutes my agreement with the Terms and Conditions of this Service Agreement (hereinafter the Agreement) as follows:

1. The word "Quantum" refers to Quantum Internet Services, Inc., and Quantum Telecommunications, Inc., Maryland corporations (Address: 2975B Manchester Rd., Manchester, MD 21102 USA), their assigns and operators. The words "you, your, user(s), subscriber(s), and customer(s)" refers to the person or entity who has purchased or who is being provided services by Quantum Internet Services, Inc., or Quantum Telecommunications, Inc.

2. All services provided to you by Quantum may only be used in accordance with all applicable laws, statutes, regulations and rules and solely for lawful purposes. Transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any National Law of any sovereign nation, or of International Law, the United States Annotated Code, or of any state or local law, statute, regulation or rule is strictly prohibited. This includes, but is not limited to any material, data, matter, software/software code, intellectual property, protected by copyright, trade mark, privacy or other proprietary, personal or property right, trade secret, or any other statute. It is unlawful and a violation of this Agreement to communicate, transmit, or promulgate in any matter, means or medium, any threatening, harassing, or obscene material, matter, communication of any sort, or to otherwise use Quantum services for any illegal or unlawful purpose.

3. You agree to indemnify and hold harmless Quantum, its officers, shareholders, agents, employees, its upstream provider, and its other customers from any and all claims, costs, expenses, judgments, causes of actions, attorney's fees, litigation and court costs resulting from the customer's use of Quantum's services in any manner, whether directly, indirectly or by any act of commission or omission.

4. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining (i) to your use of any Quantum services, and (ii) the communications means by which you connect a terminal or PC to any other service provided by Quantum.

5. If the annual payment term is not selected and paid in advance, then payment of the service fee (for the selected period of service) is due, in advance, on the first day of the service period selected by you for access to Quantum services (payment for successive periods is due on the same day of the next period of service access- i.e. may be other than the rst day of the month). Payments not made by the 10th day of the commencement of the payment period are to be considered delinquent and will be charged interest at the rate of 1.5% per month (18% per annum), or the maximum permitted legal rate, whichever is lower. Returned checks will be charged a fee of the maximum pecuniary penalty permitted by law. Except for the first month in which service is started, monthly service is not prorated. If you pay by credit card, you agree to pay all billed amounts until you cancel the Quantum services account or discontinue credit card billing.

6. In the event Quantum is required to engage the services of an attorney because of your breach of any of the terms herein contained, you agree to pay all of Quantum's reasonable attorney's fees and court costs. Upon breach of this Agreement, all of your rights and privileges shall be immediately terminated and upon any such termination for breach of the provisions of this Agreement, or the breach of any applicable law or statute governing the use of the services provided, all fees you have paid to Quantum shall be forfeited as liquidated damages to Quantum. In the event of litigation both parties agree that the Law of Maryland shall apply and both parties consent to the jurisdiction of the state courts of Carroll County, Maryland, or in the event of diversity of citizenship, the United States District Court for the District of Maryland. Both parties expressly waive a jury trial.

7. You agree that Quantum has the right to delete all data, files or other information that is stored in your account if the account with Quantum is terminated, for any reason, by either Quantum or you.

8. Your rights herein granted cannot be transferred, shared, sold, or used by anyone other than you. For Internet access, no more than one login session can be used at any time by the Customer on any system account. If you have multiple accounts, you are limited to one login session per system account at any time. Accounts which have been transferred to other parties, or show other activity in violation of this paragraph, are subject to immediate cancellation.

9. Quantum services may be cancelled at any time by either Quantum or you, upon 10 days written notice sent by you to Quantum's address listed in this Agreement, or by Quantum, upon 10 days written notice sent to the last mailing address listed with Quantum on the Account Application. It shall be your responsibility to keep Quantum informed of the valid mailing address to which notice can be sent. The foregoing provisions to the contrary notwithstanding, Quantum can immediately terminate your access to Quantum's services for breach of paragraph 2 of this Agreement. Upon cancellation of services, you will be responsible for paying 100% of the balance of the term commitment.

10. Quantum shall have the right to suspend service to you at any time, and for reasonable cause, without notice. If such a suspension is to last for more than 15 days, you will be notified as to the reason.

11. You certify that you are at least 18 years of age.

12. LIMITED WARRANTY INTERNET SERVICE: QUANTUM WARRANTS THAT, IF YOU ARE DISSATISFIED WITH INTERNET SERVICE, QUANTUM WILL, UPON WRITTEN NOTIFICATION RECEIVED FROM YOU WITHIN 30 DAYS FROM THE DATE YOUR SERVICE BEGAN, REFUND ANY PREPAID FEES FOR FUTURE MONTHS LESS ANY DISCOUNTS GIVEN FOR PREPAID ACCOUNTS. OTHER THAN THE FOREGOING, NO WARRANTY IS MADE BY QUANTUM REGARDING ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH, IN CONNECTION WITH, OR LOCATED ON THE COMPUTER SYSTEMS OF THE QUANTUM SERVICE OR OTHER SERVICES PROVIDED BY QUANTUM, AND QUANTUM HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF INFORMATION, PRODUCTS, OR SERVICES; AND (ii) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

13. LIMITED LIABILITY: ANY LIABILITY OF QUANTUM, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY YOU OR ON YOUR BEHALF TO QUANTUM FOR AN AMOUNT EQUAL TO ONE MONTH'S SERVICE.

14. Residing on the Quantum server and at the Quantum website is a list of Rules and Regulations which is incorporated herein. Breach of these Rules and Regulations shall constitute breach of this Agreement authorizing Quantum to immediately terminate your account, forfeit all fees you have paid, and pursue such other legal remedies as are herein provided. Quantum reserves the right to amend the Rules and Regulations from time to time and any such amendments shall become effective upon promulgation.

15. Upon acceptance of your Account Application and upon payment as provided therein, you will be provided with personal access instructions and access to the Quantum services selected, which permissions shall remain valid and in force and eect during the pendency of this Agreement.

16. This Agreement represents the complete understanding between the parties as to the subject matter hereof, and supersedes all prior written or oral negotiations, representations, guaranties, warranties, promises, orders, statements or agreements between the parties or any statement or representation made or furnished by any other person representing or purporting to represent either party. Notwithstanding the foregoing, you understand that regulated telephone services are provided by Quantum Telecommunications, Inc., and that such services are generally subject to rates, terms and conditions contained in tariffs on file with, as well as the regulations of the Maryland Public Service Commission, and/or the Federal Communications Commission, and that such regulations may change from time to time. Furthermore, you understand that all regulated telephone Services which you may have purchased are also subject to the terms and conditions of Quantum's written Telephone Service Order and Agreement, and should there be any conflict between this on-line Service Agreement and Quantum's written Telephone Service Order and Agreement, Quantum's written Telephone Service Order and Agreement shall control.

17. Use of Quantum's services constitutes acceptance of these Terms and Conditions.

Use of Quantum's services, systems, servers, and facilities, constitutes the customer's agreement with Quantum's Rules and Regulations, and the Quantum Service Agreement, both of which are subject to change without notice.

┬ęCopyright 1995- 2014 Quantum Internet Services, Inc., ┬ęCopyright 1995- 2014 Quantum Telecommunications, Inc. All Rights Reserved.