NOTICE TO USER / PURCHASER: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND QUANTUM BUSINESS SOLUTIONS, LLC., (hereafter "Quantum or QBS"). BY CLICKING THE "ACCEPT" BUTTON, or BUYING ANY PRODUCT OR SERVICE FROM US VIA TELEPHONE, WRITTEN AGREEMENT, ORDERING ONLINE FROM OUR WEB SITE, OR EMAIL COMMUNICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you are obtaining image reproduction rights on behalf of a company, you represent that you have the authority and right to bind the company to the terms contained in this agreement. Quantum reserves the right to alter, modify or update these terms of use at any time and you agree to be bound by such modifications, alterations or updates.

Web Hosting Terms and Conditions

Hosting Package services on the QBS web site and terms and conditions and identifies all that is included and detailed within specific packages shown on the QBS web site. Although we do not require a contract for this particular service You are still bound by all of our terms and conditions listed on this site under "Terms & Conditions".

Price is based on a monthly fee. Your credit card will be charged automatically initially upon receipt of your order and thereafter on the first of each month the amount shown. To cancel the automatic monthly charge, just email us 30 days before the first of any month at orders@QuantumBiz.com and give us your name, domain name, and write in the email or subject line "Please cancel my hosting". We will cancel your hosting services and you will not be charged any further.

Quantum can not guarantee 100% uptime because machinery will fail from time to time and there will be issues that will be beyond our control with network providers. Should there be an outage of service for any reason; Quantum will work to restore service as fast as possible. The Indemnification term herein remains in full force.

CONDUCT:

1) Customer is prohibited from transmitting on or through any of QBS servers or services, any material this is, in QBS sole discretion, unlawful, obscene, threatening, abusive, libelous, or hateful, or that encourages conduct which would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international

2) QBS services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. QBS reserves the right to remove such illegal material from its servers.

3) The customer is responsible for keeping their billing data with QBS up-to-date and accurate. Furnishing false data on the sign up form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

SYSTEM AND NETWORK SECURITY:

1)      Customer may not attempt to circumvent user authentication or security of any host, network, or account (“cracking”). This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, or probing the security of other networks.

2)      Customer may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to: “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host.

3)      Customer may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user’s terminal session, via any means, locally or by the Internet.

4)      Users who violate systems or network security may incur criminal or civil liability. QBS will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

5)      Customer may not spam any search engine by submitting more pages than any search engine permits in one day.

E-MAIL:

1)      Harassment, whether through language, frequency, or size of messages, is prohibited.

2)      Customer may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email. If the Customer or any vendor the Customer may hire to send email is caught sending Unsolicited Mail (SPAM) the Customer may be subject to fees which will be determined by the amount and extent of the damage, downtime, interruption or volume sent through a QBS server(s). Customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

3)      Customer is explicitly prohibited from sending unsolicited bulk mail messages (“junk mail” or “spam”). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

4)      Customer may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

5)      Malicious email, including but not limited to, “mail bombing” (flooding a user or site with very large or numerous pieces of email), is prohibited.

6)      Forging of header information is not permitted.

7)      QBS accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Net Abuse Policy.

8)      Quantum is not responsible if your email advertisement does not bring the Customer sales or inquiries for any reason. Quantum cannot guarantee results, sales, responses or inquiries from purchasing any e-mail list from Quantum. Quantum IS NOT responsible for any claims of SPAM from any party or loss of business for any reason. The person(s) or corporation(s) who sends the e-mail advertisement out to this list are the responsible parties to check ALL laws in ALL states for SPAM REGULATIONS to insure ALL LAWS are adhered to in full. By purchasing this list you assume all legal ramifications upon yourself or parties using the list and release Quantum from any such liability.

PROVISIONS OF SERVICE:

1)      Pursuant to the terms and conditions of the parties, Customer agrees to purchase certain Internet or printing services set forth herein.

2)      Customer acknowledges and agrees that the Internet Services provided by QBS may include access to third party networks via QBS and that Customer will abide by the reasonable rules and policies for such networks that may be provided from time to time. QBS agrees to announce, as may be required, Customer provided routes to QBS peers or other transit providers that QBS may use from time to time. Customer also acknowledges and agrees that QBS reserves all rights and property interest in the IP addresses that may be assigned to Customer.

USE OF INTERNET SERVICES:

1)      QBS Internet Services are to be used solely by Customer and the entitles, if any, to whom Customer re-sells the Internet Services. Customer represents, warrants and covenants that it will not transmit, re-transmit, store or otherwise use the Internet Services in violation of any federal, state, local or international laws or regulations (collectively, “Laws”), including but not limited to, any Laws relating to copyright, trademark or other intellectual property or proprietary rights, or any Laws relating to U.S. export, and that it will not post, transmit or re-transmit any unlawful, threatening or abusive material of any kind.

2)      In using the Internet Services, Customer agrees that it will comply with QBS “Net Abuse Policy” that prohibits such activities as: (i) gaining or attempting to gain unauthorized access to another account, host or network; and (ii) distributing, posting or collecting unsolicited, duplicative messages to entities who do not expressly request such messages (“Spamming”)

3)      Customer shall not improperly restrict or interfere with use of the Internet Services (or of the Internet general) by QBS or its affiliates, any QBS customer, or any third party. Upon notice from QBS, Customer shall promptly remove any hazard, interference or service obstruction that may be caused by hardware or software not provided by QBS. Should the Customer upload a virus or infect file(s) through FTP access, the Customer will be responsible to pay for any interruption in service to the server or other clients on the server.

PROOFING OF WEB SITE, PRINTING OR OTHER WORK:

1)      QBS will provide a proof of web site, printing or other work requested, as stated herein, within a maximum of thirty (30) business days from the day all material/copy is brought/sent to QBS for processing, unless otherwise specified in writing by QBS to the Customer. QBS has the right to extend the deadline of proof to a reasonable date beyond the original thirty (30) days. Printing orders MUST be placed, paid for in full, in advance of any design services being rendered. If Customer does not place printing order and QBS renders design services, QBS has the right to charge design fees after 30 days if the Customer has not placed or paid for their printing order.

2)      The Customer will have ten (10) business days to review and render changes in writing from the day QBS notifies Customer that a proof is available to review unless otherwise agreed to by both parties. Customer must respond by email if they require more time to review said proof and identify the amount of additional days required to review proof. If the Customer does not acknowledge the notice from QBS, QBS will deem the web site, printing or other work complete “AS IS” and no further proofs will be rendered without charge.

3)      QBS will render ONLY three (3) proofs at no charge to consist of the following: Initial design of the web site, printing or other work from initial information provided by the Customer, a second proof indicating changes the Customer requested and if necessary a third and final proof from final Customer revisions. A proof is considered a rendering of data based on Customer input. Should the Customer request changes in writing which were not initially specified by the Customer, which may affect the layout or design initially provided by QBS in Proof 1, one additional rendering with a different look will be presented to the Customer without charge, however the Customer will be assessed an additional charge based on the current hourly rate, if an additional design rendering different from the second rendering is requested. Should the customer indicate changes that are different from what was originally provided, or what would be considered original specs, QBS will charge the current hourly rate to design or fix such changes, that are outside the scope of original request. QBS will make and fix all changes that are within the scope of the original request without charge within the 3 Proof limit.

4)      Specific to Web sites: Should the Customer decide to design their site after QBS rendered a proof for said site, QBS will grant FTP (File Transfer) access to the Customer at which point QBS obligations to design a web site will be considered completed and satisfied.

5)      Should more than three proofs be requested by Customer, the Customer will be charged fee based on the current hourly rate. QBS will notify Customer of this charge before QBS begins any excess proofing work. During the proofing process, QBS will not charge for any modifications so long as they are within the guidelines specified herein.

6)      The Customer will be responsible for any and all errors, including but not limited to omission of information, typographical errors, pricing errors, and product descriptions once the Customer approves the final proof. Should the Customer find any errors in the web site after the Customer has approved said site, printing, design project, other work, excluding coding or QBS errors that QBS will repair at no charge, the Customer will be subject to QBS’ hourly rate for all changes requested and will be notified of such charge prior to work commencing.

PROPRIETARY RIGHTS:

1)      Customer hereby grants to QBS the permission to create certain artwork for print media or any other form of media including on-screen images for the Internet. QBS grants permission for customer to use artwork or images as long as business between the parties remains in effect, for any lawful purposes. QBS retains the rights to all artwork, coding, images, programming, design & layout for printing projects, files, coding and databases, which was used to create said web site OR printing works as specified herein, unless originally provided by Customer or Customer purchases said items as requested by Customer. The Customer will not be permitted to utilize said artwork, coding, images, programming, files, coding and/or databases for any purpose, unless Customer purchases said items and/or agreed to in writing by QBS.

2)      Customer expressly releases, and agrees to defend, hold harmless and indemnify QBS and its agents, employees, licensees and assignees from and against any and all claims which Customer has or may have from rights of publicity, defamation, unfair competition or any other cause of action arising out of the use of the information or materials, or arising out of undelivered, misdirected or lost electronic mail.

3)      Customer understands and agrees that QBS shall have the exclusive rights, title and interest, including copyright, in and to any works of authorship, graphics, layout and design, coding, programming, all data files in connection with the creation of the web site or print projects as indicated herein, except for any third party coding (relating to web sites), invention or other intellectual property created pursuant to terms herein, and any advertising and/or promotional materials relating thereto unless provided by the Customer. Customer agrees and understands that QBS resells or licenses different types of coding to it’s Customers and if the Customer exercises the option to purchase website files, Customer agrees and understands that although design and layout are provided free of charge with any printing order, QBS will release design and layout files for printed projects for a fee to be determined by QBS based on the current hourly rate to design and layout such a file for that particular project. QBS will still be allowed to resell or license the same or similar coding to another client, excluding all Customer imagery or content. (i.e. If QBS develops a shopping cart for the Customer, the basic functionality of that shopping cart can be used for other QBS clientele and may be resold or licensed to another QBS Customer, excluding all Customer Content, marks, images, and photos which remain the property of the Customer.)

4)      Customer retains ownership of all materials in the form as delivered to QBS, and any existing trade and/or service marks of Customer. Materials provided by the Customer shall remain the property of the Customer except for that which was created by QBS. QBS will have permission from the Customer to utilize items provided by the Customer for design and/or programming of the web site, as well as on other services requested by the Customer. QBS will have the right to display the Customer’s web site and or any works of QBS authorship, as an example of work performed by QBS, by adding it to the QBS portfolio.

5)      QBS grants Customer a limited, nonexclusive license to copy and distribute screen prints only, of Customer’s web site for the limited purpose of promoting Customer’s web site. Customer may not copy, distribute or otherwise use coding or images created by QBS. This limited license will terminate upon termination of business between the parties, or if the Customer purchases such files.

6)      Customer warrants that any offers promoted through QBS service are in compliance with all laws regulating advertisements. Customer assumes all responsibility for such compliance.

7)      The Customer will have full rights, title, or interest in any domain name registered by Customer or any Customer trademark or service mark contained in any such domain name.

8)      Customer authorizes QBS to display its logo at the bottom of each page with a link to QBS website.

9)      Customer understands and agrees that nothing in these terms shall bestow any proprietary or other intellectual property rights of any kind to, or on behalf of the Customer.

INVOICES AND ESTIMATES:

1)      QBS will generate an electronic invoice for each service ordered by the Customer and send via electronic mail when requested by the Customer. Otherwise, QBS will not send any invoices unless the order was placed online from the web site directly, in which case the invoice is generated at the time of the order. Customer may email accounting@QuantumBiz.com to request any copies of any Invoice if the order was not placed online through the web site. All terms and conditions set forth on Invoices or Estimates provided by QBS stand in their entirety and are printed on each invoice that does not have to be signed by the Customer.

SEARCH ENGINE OPTIMIZATION (SEO) AND/OR SUBMISSION (SES) AND POLICY:

1)      If search engine ranking and submission services are ordered, QBS nor its officers, directors, employees, agents, assigns does not guarantee that the customer will earn money from these services provided by QBS and will not be held liable for any reason for any loss as a result of providing these services. In addition, should these services be ordered or performed by QBS, QBS will request that NO Meta Tags or coding relating to Meta Tags, Alt Tags or Hidden Tags be altered in any shape or fashion without notifying QBS of such a change. Should these items be altered without QBS’ knowledge, QBS will immediately stop all SEO services, and be entitled to any financial damages relating to the loss of time and cost to QBS for the performance of services as agreed to by the parties at the then current market rate as the Customer will be effectively interfering in the ability for QBS to perform and reach it’s Optimization Goal for the Customer.

MERCHANT ACCOUNTS:

1)      The Customer understands and agrees that QBS is NOT an authorized merchant representative and that QBS will NOT assist in the paperwork or the approval process of the Customer to enable the Customer to accept credit cards for electronic payment on their web site. The Customer is solely responsible for choosing their Merchant provider and getting approval via their merchant provider. QBS will not be held liable for any reason should the Customer be denied approval by any merchant processor.

WARRANTIES AND REMEDIES:

1)      Customer understands that the Internet is not owned, operated, managed by or in any way affiliated with QBS and that all content, services, information and other materials that may be offered, made available, or are accessible on the Internet are offered, made available, or are accessible solely by third parties who are not affiliated with QBS or its affiliates. Use of the Internet by Customer, Customer’s customers or any other authorized users is solely at the respective user’s own risk and is subject to all applicable laws. QBS does not warrant that the Internet Services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the Internet Services, is free of viruses, disabling code, worms, or any other harmful components.

2)      Without limiting anything contained herein, Customer further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people and that Customer’s access to such materials are at Customer’s own risk. QBS has no control over and accepts no responsibility or liability of any kind for such materials.

3)      Internet services are provided on an “AS IS” basis without warranties of any kind. QBS disclaims all warranties, oral or written, expressed, implied or statutory, including without limitation the warranties of title and non-infringement, and the implied warranties of merchantability and fitness for a particular purpose, with regard to any merchandise, information or service provided through the Internet or any transactions conducted on the Internet.

4)      In no event shall QBS, its affiliates, officers, directors, employees, agents or assigns be liable for any damages, including but not limited to, lost profits, loss of business, indirect, incidental, special, exemplary, punitive or consequential damages that result in any way from customer’s or its authorized users’ reliance on or use of content, information, services or merchandise provided on or through the Internet services, or that result from or are related to, mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission or any failure of performance of any kind, even if QBS has been advised of the possibility of such damages.

5)      SEO Policy: If search engine ranking and submission services or Opt-in Email services are ordered, QBS nor it’s officers, directors, employees, agents, assigns does not guarantee that the customer will earn money from these services provided by QBS and will not be held liable for any reason for any loss as a result of providing these services. In addition, should these services be ordered or performed by QBS, QBS will request that NO Meta Tags or coding relating to Meta Tags, Alt Tags or Hidden Tags be altered in any shape or fashion without notifying QBS of such a change. Should these items be altered without QBS' knowledge, QBS will immediately stop all services and not be held responsible for any positioning on any search engines.

INDEMNIFICATION:

1)      Customer shall defend, indemnify and hold harmless QBS, its affiliates, owners, shareholders, officers, directors, employees, agents and assigns from and against all lawsuits, claims or actions, threatened claims or actions, liabilities, demands, judgments, injuries, losses, costs and expenses, including but not limited to reasonable attorney’s fees, relating to or arising from:

                                       i.      the use of the Internet Services or the Internet in general or the placement or transmission of any message, information, software or other materials or content on the Internet by Customer or its authorized users;

                                     ii.      willful misconduct or negligent acts of Customer, its authorized users, agents or contractors in connection with the terms herein;

                                    iii.      infringement of any patent, trademark, copyright or any other proprietary rights arising from or relating to the use of any equipment, software, including but not limited to domain names, images, logos etc..., or system used by the Customer; and

                                   iv.      for any outage in service provided by QBS as a result of viruses, hardware failure, software failure or for any reason whatsoever; and the violation of any Laws or other regulations

2)      QBS, nor its affiliates, will not guarantee results to the Customer of any type of advertisement including search engine submission made on behalf of the Customer and as such will be held harmless from any claims or actions, threats, liabilities, demands, judgments, injuries, losses, costs and expenses resulting from any national or local advertisement that QBS and/or its affiliates provide in an effort to create traffic to the Customer's web site.

3)      QBS will not be held liable or responsible in any way for any of its affiliates or its assigns, representatives or employees of said affiliate the following: actions, promises, understandings, advertisements, product provided by affiliate to Customer, or agreement in writing or verbally that any affiliate or its assigns, representatives or employees may have with the Customer.

4)      Except as specifically stated in these Terms and Conditions of Use, Licensing Agreement, and the Privacy Policy, or elsewhere on our website, or as otherwise required by applicable law, neither Quantum nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. Quantum uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the Quantum website; however, these other websites are not controlled by Quantum and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against Quantum regarding the inclusion of links to outside websites or your use of those websites. Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

GOVERNING LAW & VENUE

This Agreement shall be interpreted, construed and governed by the laws of the state of The State of Texas, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in state or federal courts of located in Travis County and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Quantum shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Quantum, such action is necessary or desirable. No action of Quantum, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, Licensing Agreement, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between Quantum and you relating to your use of this website. 

VALIDITY

If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of the agreement, which shall remain valid and enforceable according to its terms. 

OWNERSHIP OF SITE AND PROGRAMMING OR PRINTING FILES:

1)      QBS will own the rights to all artwork, except that artwork that is provided by the Customer. QBS will provide a flat set up fee to the Customer whereby the Customer will have the opportunity, at any time, but will NEVER be obligated to do so, purchase only the graphic art files (defined as .TIF, .EPS or .JPG files) for web site or printed works. The code, pages and or all information pertaining to the web site belong to QBS or any third parties QBS may have a licensing agreement with. QBS will either email said files or place them on CD and mail to the customer once payment has cleared.

MISCELLANEOUS:

1)      Merchant Accounts: The Customer understands and agrees that QBS is an authorized merchant representative and that QBS will assist in the paperwork and approval process of the Customer to enable the Customer to accept credit cards and electronic payment on their web site. QBS will act as an agent for the merchant processor and will be responsible for assisting with the paperwork and attempting to procure an acceptance on the Customer's behalf with said merchant processor and providing and maintaining the programming for secure connectivity. QBS will not be held liable for any reason should the Customer be denied approval by any merchant processor.

GENERAL USER LICENSE AGREEMENT SOFTWARE, IMAGES & DESIGN

DESIGN OF ARTWORK & IMAGES LICENSE

Each of the DESIGN PRODUCT ordered are protected by United States copyright laws and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All of the DESIGN PRODUCTS mentioned above are licensed, not sold.

Quantum, including but not limited to, via third party licensing, grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer's hard drive) and use the photographic images provided or designed by QBS for use in print media or on the web.

Rates and rights must be negotiated before use, other than those uses described above. All photographs and rights not expressly granted in writing remain the exclusive property of the photographer and are limited to one-time use. Notwithstanding the License Grant herein, you may not: Sublicense, re-license, rent or lease any of the Images or Design; Copy or publish any of the Images or Design to a network or bulletin board, or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Quantum. Use any of the Images or Design for any form of pornography, or in a libelous, defamatory, fraudulent, infringing, or otherwise illegal manner.  Use any of the Images or Design to promote a business that sells or licenses photographic images, or otherwise competes with Quantum in any manner. Use an Image or Design in a manner that implies endorsement of a product or service unless you request and receive a copy of a model release for all recognizable individuals and private property depicted in the Image; or Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations. 

MODEL RELEASES

No model releases or other releases exist on any Images unless a network photographer specifies the existence of such release in writing to you. You shall indemnify Quantum against all claims arising out of the use of any Images or Designs where the existence of such release has not been specified in writing by a network photographer. In any event, the limit of liability of Quantum shall be the sum paid to it per the invoice for the use of the particular Image involved. You will hold Quantum harmless from all claims for the use of the Images or Design, including defamatory use. Quantum gives no right or warranties with respect to the use of names, trademark, logo types, registered or copyrighted designs or works of art depicted in any Image or Design, and IT IS YOUR OBLIGATION TO BE SURE THAT ALL NECESSARY RIGHTS, CONSENTS OR PERMISSIONS, AS MAY BE REQUIRED FOR REPRODUCTION, ARE SECURED.

If any Image or Design featuring a model is used in a manner that would lead a reasonable person to believe that the model personally uses or endorses a product or service, or if the depiction of the model is used in connection with a subject that would be unflattering, embarrassing or unduly controversial to a reasonable person, Licensee must accompany each such use with a statement that indicates that the person is a model and the Image is being used for illustrative
purposes only.

USAGE TERMS

Subject to the terms herein Quantum grants you a personal, nontransferable, nonexclusive user's license to use the Software Files and Images you have selected on a Quantum Server ONLY and to use the software files, image(s) and any derivative works or copies (collectively, the "Image(s)") on a Quantum Server and with one user logged into the administrative panel at a time. The Images may not be copied, modified or incorporated in materials for sample use including comprehensive layouts (“comp use”). The Images may not be used in any final materials distributed internally or to the public without purchasing and paying for an extended user's or special distributor's license. Other than the above Comp Use, Images may not be used in any way, until an invoice indicating User's right to use same is paid in full. Quantum represents that it has the right to grant the re-license or license herein. Unless otherwise agreed, use of any Image is granted in the United States only and is limited to the period of time indicated on the invoice from the date indicated on the invoice. All other rights are reserved to Quantum. Licensee may not alter, crop, modify or adapt the Images in connection with the above permitted uses. Licensee may make not a back-up copy of the Image(s) for internal back-up purposes provided Quantum's copyright and/or its third party vendor copyright and any image identifying information is retained with the file. Limited, temporary transfers of the Images are not permitted to third parties integral to the creation of the final product.

Permitted Use:

• Any print media, including advertising and promotional materials, editorial publications and consumer merchandise;
• Any Internet, intranet, Online or web-based media provided the resolution of the images does not exceed 72dpi;
• Broadcast and theatrical exhibitions;
• Products intended for resale; provided these products are not intended to allow the re-distribution or re-use of the Image(s);and
• Additional uses approved in writing by Quantum and/or as may be required with permission of third party vendor
• Files are to be stored ONLY on a Quantum Server. No off server locations are permitted.
  

RESTRICTIONS TO THE USAGE OF IMAGES

The following uses are prohibited:

·          Use of the Image beyond the terms of the limited license agreement without first obtaining an additional license, including any electronic reproduction or promotional rights.

·          Create any derivative use of an Image unless indicated on the invoice.

·          Sub license, re-license, rent or lease any of the Images.

·          Use of the Image in a manner that is defamatory, pornographic or obscene, whether directly or in context or juxtaposition with specific subject matter.

·          Use of the Image in any way that violates a depicted person's right of privacy or publicity, or to infringe on any trade name, trademark or service mark.

·          Archive, republish or transmit any images on any database or to a network or bulletin board or otherwise distribute or allow any of the Images to be distributed to or used by anyone other than the authorized users, without prior written consent from Quantum.

·          Use of any Image(s) in any electronic template or application, including those that are Web-based, where the purpose is to create multiple impressions of an electronic or printed product, including, but not limited to, Web site designs, presentation templates, electronic greeting cards, business cards or any other electronic or printed matter without obtaining a license for such purpose.

·          Use of the Images to promote a business that sells or licenses photographic images, or otherwise competes with Quantum in any manner.

·          Ship, transfer or export any of the Images into any country or use any of the Images in any manner prohibited by any export laws, restrictions or regulations.

TERMINATION
Quantum reserves the right to automatically terminate the license contained in this agreement without notice if you or your employer fail to comply with any provision of this agreement. Upon termination, you and your employer must immediately stop using the Software. Quantum reserves the right to discontinue the use of any Image for any reason and elect to replace the Image with an alternate Image. Upon notice of any discontinuance of the use of a particular Image, you, your employer and your client, if applicable, agree not to use the Image in the future. The license contained in this Agreement will terminate automatically without notice from Quantum if Licensee fails to comply with any provision of this Agreement. Upon termination, Licensee must immediately (i) stop using the Image(s), (ii) destroy or, upon the request of Quantum, return the Images to Quantum, and (iii) delete or remove the Images from Licensee's premises, computer systems and storage (electronic or physical).

RETENTION OF DIGITAL FILES

Digital files may be retained for sixty (60) days or until the date indicated on the invoice. Unless this period is extended in writing, you must delete the Images from all electronic and removable media and destroy any other copy of the Images, except as licensed under this Agreement. Quantum's copyright information or its third party association vendor and Image identification number must be retained with the digital files while you retain them.

Delivery of Images other than Digital Files

RETURN PERIOD AND HOLDING FEES FOR IMAGES: Images other than digital files are to be returned within four (4) months after date of invoice, except in cases of outright purchase. User agrees to pay, as reasonable charges, the sum of $5.00 per week per image after such 4-month period to date of return. NOTE THIS IS NOT A BAILMENT. Holding fees will accrue for one year from the stipulated return date, after which unreturned Images shall be deemed to be lost and you will be billed for lost Image fees in accordance with the Liquidated Damages provisions below. Payment of Lost or Damage fees does not entitle you to any rights whatsoever in the Images, which must be returned to Quantum immediately if subsequently found. You will then be liable for holding fees rather than Lost Fees, whichever is less.

RESPONSIBILITY FOR ORIGINAL IMAGES

If original Images are delivered to User, User is responsible for loss or damage to the Images delivered to them, from time of receipt until their return to QBS. User shall be responsible for safe delivery and return of Images to QBS and shall indemnify QBS against any loss or damage to Images in transit or while in the possession of User. This agreement is not considered a bailment and is specifically conditioned upon the item so delivered being returned to QBS in the same condition as delivered. Projection of Images is not permitted. User assumes an insurer's liability herein for the safe and undamaged return of the Images to QBS. Such Images are to be returned by bonded messenger or by registered mail (return receipt requested), prepaid and fully insured.

LIQUIDATED DAMAGES

The monetary damage for loss or damage of an original color transparency or photograph shall be determined by the value of each individual photograph. User agrees, however, that the reasonable value of such lost or damaged photograph or transparency shall be Fifteen Hundred ($1,500) Dollars, and the value of a duplicate transparency shall be Two Hundred Fifty ($250) Dollars, and the value of a black and white print shall be Thirty ($30) Dollars. Quantum agrees to the delivery of the goods herein only upon the express covenant and understanding by User that the terms contained in this section are material to this agreement. User assumes full liability for its employees, agents, assigns, messengers and freelance researchers for the loss, damage or misuse of the Images.

SOFTWARE LICENSE

For Quantum Business Solutions, LLC (hereinafter referred to as Quantum or QBS) SOFTWARE PRODUCTS Licensed under the Navigation Title "SOFTWARE" located on the site www.QuantumBiz.com the following User License Terms apply.

PERMISSION TO USE ANY OF THESE SOFTWARE PRODUCTS IS CONDITIONAL ON YOU FULLY AGREEING TO THE LICENSE TERMS SET OUT BELOW. READ THESE LICENSE TERMS CAREFULLY BEFORE USING ANY ONE OF THESE SOFTWARE PRODUCTS. IF YOU DO NOT WISH TO ACCEPT THE LICENSE TERMS, DO NOT INSTALL OR USE ANY ONE OF THESE SOFTWARE PRODUCTS.

IF YOU INSTALL or ACCESS ANY ADMINISTRATION AREA OF ANY SOFTWARE OR SELF MANAGED SITE PRODUCT FEATURED ON WWW.QUANTUMBIZ.COM YOU WILL BE DEEMED TO BE AGREEING TO THE LICENSE TERMS. SOFTWARE OR ADMINISTRATIVE ACCESS MAY BE OWNED BY QUANTUM BUSINESS SOLUTIONS, LLC OR LICENSED TO QUANTUM BUSINESS SOLUTIONS, LLC BY A THIRD PARTY.

SOFTWARE IDENTIFIED: CUSTOM DEVELOPMENT, SELF MANAGED SITE, SELF MANAGED CART (THIRD PARTY LICENSE), REAL ESTATE PROPERTY MANAGER, GUIDED HELPER, PHOTO GALLERY, OR ANY OTHER SOFTWARE ON WWW.QUANTUMBIZ.COM UNDER WEB SITES & SERVICES OR FREE OFFERS & SPECIALS.

IMPORTANT-READ CAREFULLY

This Quantum End-User License Agreement is a legal agreement between you (either an individual or a single entity) and Quantum for any one of the above identified software products accompanying this End-User License Agreement, which may include computer software, independent files written in ASP, HTML and or other technology language as well as online" or electronic documentation and may include associated media, and printed materials, ("SOFTWARE PRODUCT" or " SOFTWARE"). By exercising your rights to make and use copies of any of the above mentioned SOFTWARE PRODUCTS, you agree to be bound by the terms of the End-User License Agreement. If you do not agree to the terms of this End-User License Agreement, you are not authorized to use any of the above mentioned SOFTWARE PRODUCTS.

SOFTWARE PRODUCT LICENSE

Each of the SOFTWARE PRODUCTS mentioned above are protected by United States copyright laws and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All of the SOFTWARE PRODUCTS mentioned above are licensed, not sold.

1. GRANT OF SOFTWARE LICENSE

The End-User License Agreement grants you the following right: You access the Software by the administrative access granted by Quantum. Your User License is good ONLY for ONE domain name which will be hosted by Quantum unless otherwise agreed upon by Quantum and you. A domain will be described as any .com, .net, .org or other valid domain extension issued by an ICANN accredited registrar. Quantum will issue ONE User License per ONE Domain Registered. You may not use any of the SOFTWARE PRODUCTS on more than one domain at a time. You may not install any files, copy or archival any portion of the Software. You understand that there will be certain areas of the Software managed solely by Quantum and that you will not have any administrative access to those areas. You may not point more than one domain to any of the SOFTWARE PRODUCTS listed above that you purchase a use license for, that is running a single database including the domain running any of the SOFTWARE PRODUCT(S) listed above. Any additional domains that you wish to point or use from the above listed SOFTWARE PRODUCTS on will require the purchase of an additional license.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Support: Quantum may at its option provide Setup or Installation support of any of the SOFTWARE PRODUCTS listed above. No support other than from the online Quantum Support Board Forum or User or Reference Manuals are available for any of the SOFTWARE PRODUCTS listed above, unless a support plan has been purchased from Quantum. Quantum will support only its original code it's original content when the Single User License was purchased. No Selling or re-distribution of License software version: You may not sell, distribute or offer modifications to any other users of any of the SOFTWARE PRODUCTS listed above without the express written permission of Quantum. No inclusion in other products. The SOFTWARE PRODUCTS cannot be incorporated into the workings or software code of any other product or service that may disguise or otherwise provide functionality that was not intended by Quantum.

Single Use License: This version is not a multiple site (multiple domains) version. If you wish to use the software for multiple sites (multiple domains), a license fee applies to each new production instance in which any of the SOFTWARE PRODUCTS are used. Multiple Domain licenses are available upon request.

Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble any of the SOFTWARE PRODUCTS listed above, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You are able to alter graphics and page or product content for the purposes of making the SOFTWARE PRODUCTS function with your content or images, but not to attempt to redevelop any of the SOFTWARE PRODUCTS in any similar fashion. Where any such law permits Reverse Engineering, Decompilation and Disassembly, you are not permitted or licensed to use any of the SOFTWARE PRODUCTS where you wish to undertake such actions.

Separation of Components. The SOFTWARE PRODUCTS listed above are licensed as single products under each of their respective names as listed above. Their component parts may not be separated for use on more than one computer.

Software Transfer. You may not permanently transfer all of your rights under this End-User License Agreement, provided the recipient agrees to the terms of this End-User License Agreement. The new End-User along with the current End-User will need to purchase a new License with Quantum. If you sell your domain to another party, that party will be required to purchase a new license and At the point that the sale of your domain is approved by Quantum, you may no longer keep any access to the administrative areas or copies of any graphics or otherwise of the SOFTWARE PRODUCTS (development or production).

Hosting. All SOFTWARE PRODUCTS will be available for use to You only on a Quantum server. All SOFTWARE PRODUCTS that are third party licensed to Quantum will be available for use to You only a Quantum server. Therefore ALL SOFTWARE PRODUCTS will be hosted by Quantum as part of the terms and conditions of use of said Software.

Termination. Without prejudice to any other rights, Quantum may terminate, vary or amend this End-User License Agreement and if you fail to comply with any of the terms and conditions of this End-User License Agreement or this Agreement, all website services, including but not limited to email, will be terminated immediately.

Active email address. Any use of any of the SOFTWARE PRODUCTS requires you to provide to Quantum a current and active email address for the purpose of receiving communications from Quantum. You will advise Quantum of any new contact email address within 7 days of any such change occurring by updating your account at the Quantum web site.

Breach of End User License. Where any breach of the End User License is found to exist, Quantum at its’ sole discretion, may seek any remedies it sees fit including a minimum fine to be charged automatically to the recurring permission provided by You, in the amount of $2500.00. Quantum will monitor use on domains by encrypted code to insure that licensing is not being used for more than the domains that have been registered. Should there be any breach of this End User License Agreement for any Software Product, Quantum will terminate all administrative site access, terminate the site (domain) from showing live to the public, terminate all related services to said domain name, cancel the existing license(s), proceed with civil and criminal prosecution where applicable, and seek compensation for losses, damages and legal costs, both direct and indirect, howsoever caused.

No Claims. You will not make any claims against Quantum for action or omission regardless howsoever caused, and where any such claim or potential claim arises, you agree to indemnify and hold harmless Quantum, its staff, officers, servants, agents, directors and employees.

3. COPYRIGHT

All title and copyrights in and to all of the SOFTWARE PRODUCTS not third party licensed that are listed above (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into any of the SOFTWARE PRODUCTS not third party licensed listed above), any accompanying printed materials, and any copies of any of the SOFTWARE PRODUCTS listed above are owned by Quantum or its suppliers. These SOFTWARE PRODUCTS are protected by United States copyright laws and international treaty provisions. Therefore, you must treat these SOFTWARE PRODUCTS like any other copyrighted material. Title, ownership rights, and intellectual property rights in and to the content accessed through any of the SOFTWARE PRODUCTS listed above are the property of the applicable content owner and may be protected by applicable copyright or other law. This Agreement gives you no rights to such content or the use of such content except as outlined herein. You will under no circumstances purport to claim any ownership over any of the SOFTWARE PRODUCTS listed above or any of the content/text/logos/images therein, and shall not in any way re-brand, redesign or modify any of the SOFTWARE PRODUCTS listed above other than for a single use on a site to graphically enrich the site or add content specific to that domain which is registered.

4. FAIR USE

Quantum may, at its sole discretion, communicate via any form and without limitation that you are a user of any of the SOFTWARE PRODUCTS listed above.

You also agree to release to Quantum details of your site information (Site name, Site URL www.yourdomainname.com, and contact details etc.

You further agree to not remove, alter or make non-visible by changing the color or the type or link to blend into your background or background color on your web site where the COPYRIGHT, POWERED BY or DESIGNED BY or any combination thereof, line with the QuantumBiz.com link located in the footer or bottom area of the web site.

5. LIMITED WARRANTY

NO WARRANTIES. Quantum expressly disclaims any warranty for any of the SOFTWARE PRODUCTS listed above. All of the SOFTWARE PRODUCTS listed above and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including without limitation, the implied warranties or merchantability, fitness for a particular purpose, or no infringement. The entire risk arising out of use or performance of any of the SOFTWARE PRODUCTS listed above remains with you the End-User to whom a use license is granted. Should any liability be found to exist that liability, to the extent permitted by law, is limited to USD $50 or the purchase of one license of the software, whichever is lower.

6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall Quantum or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use any of the Quantum Software Products listed above, even if Quantum has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Where the exclusion or limitation of liability for consequential or incidental damages does not apply, you are not licensed, authorized or permitted to use any of the SOFTWARE PRODUCTS listed above under any circumstances.

7. MISCELLANEOUS

If you buy a license of Software Products as described above in the United States or outside of the United States, this End-User License Agreement is governed by the laws of the State of Texas.

Should you have any questions concerning this End-User License Agreement, or if you desire to contact Quantum for any reason, please contact Quantum Business Solutions, LLC by Phone - Corporate Office: 512-261-6656, Fax 512-261-3849, Sales & Customer Service Office: 512-203-3602 or 715-416-0535; via our Website: www.QuantumBiz.com or by Email: info@QuantumBiz.com.