Reseller Hosting WITH Terms and Conditions - Reseller Hosting With End User Support

Terms of Service December 17, 2012 Terms of Service

Introduction This legally binding Terms of Service Agreement ("Agreement") is made between and the individual or legal person ("You") that creates an account with ResellerHostingWITHand electronically signs the order form. This Agreement governs your use of our services. By ordering from us and accepting these terms, you are bound to this agreement for as long as your account remains active.

Violation of this Agreement In the case(s) in which you violate this Agreement, we reserve the right to issue consequences which may include any of the following: A one-time warning, temporary suspension of your products/services, termination of your products/services, and/or a revocation of your refund opportunity (if applicable).

Delivery of Services Our hosting products/services are made available to all persons in all countries. Managed VPS and Unmanaged VPS hosting services are typically activated within 24 hours of purchase, Dedicated Servers are typically activated within 24-48 hours of purchase, and SSL certificates are typically activated within a few minutes of purchase.

Usage of Products/Services All products/services provided by ResellerHostingWITH may be used for lawful purposes only. Transmission, storage, presentation, or encouragement of any information, data, or material in which is unlawful are strictly prohibited.

Examples of unacceptable usage and/or materials include, but are not limited to: Child pornography Copyrighted material that does not belong to you Nulled scripts, pirated software, and/or warez linking Port scanners Mail bombers/spamming scripts Hacking community websites or any website promoting the act(s) of hacking or phishing Denial of service attack launching applications, scripts, and/or botnet controllers Scamming and/or fake/replicate websites Digital currency miners (Bitcoin, Litecoin, Dogecoins, etc) ToR Anonymity associated applications

VPS Resource Usage ResellerHostingWITH "Managed VPS" and "Unmanaged VPS" plan clients are allowed to able to burst up to their total allocated CPU for up to 90 seconds. The specified "key" for determining the CPU usage of a virtual server is the following: A CPU load average of "1" equals usage of "1" CPU core. In cases where virtual servers endanger the performance or uptime of other virtual servers on the same node/machine, the absuing virtual server in question may be suspended by ResellerHostingWITH at our discretion. If in the case that your virtual server is suspended, you will be informed via ticket and will be provided with an opportunity to work with us to resolve the issue.

Unauthorized Spamming Sending unsolicited, unauthorized spam emails in violation of the CAN-SPAM Act is striclty prohibited. If you are found to be utilizing your product/service for the act of sending unsolcited, unauthorized spam emails, your product/service may be immediately terminated and you may be issued up to a $200.00 administrative fee.

Overdue Payments Policy Products/services which carry an outstanding balance may be immediately suspended at our discretion. Products/services which carry an outstanding balance exceeding three (3) days may be terminated at our discretion. A maximum grace period of seven (7) days may be granted upon the approval of ResellerHostingWITH. If you require additional time to pay an outstanding invoice/balance, you are held responsible for contacting our accounting department prior to the invoice due date.

Cancellation and Refund Policy ResellerHostingWITH does not force contracts onto it's customers. All of our products/services are on a pre-paid basis and may be cancelled at any time. The following products/services are strictly non-refundable under any and all circumstances: Domain name registration, Dedicated servers, Managed VPS hosting, cPanel/WHM licenses, WHMCS licenses, ClientExec licenses, SSL certificates, and account credits.

No refund to who want to test, scam or phishing We reserve the right to give a refund in reasonable case

Chargebacks and/or Disputes Filing a chargeback with your credit/debit card company and/or filing a dispute via PayPal against us will result in the immediate termination of all of your ResellerHostingWITH products/services. Billing disputes and disagreements must be resolved with our accounting department.

Domain Registrations The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and Nominet in the case of domain names ending with .UK you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable notwithstanding refusal by the naming authority to register your desired name.

We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.

Software Licenses ResellerHostingWITH is not responsible for providing support for the software licenses that we issue unless stated otherwise. This includes software licenses such as WHMCS, ClientExec, cPremote, etc. If in the case that we receive a support ticket requesting support for these softwares, we will provide our best effort support however we reserve the right to instruct you to contact the appropriate company in which the software originates from and they shall be responsible for providing you support for their product.

Affiliate Program Only registered clients who currently have active services with us may participate in our Affiliate Program. Affiliates must not mask, hide, or modify the affiliate link provided. Affiliate links may only be used as they are. Upon signup to our affiliate program, you will receive a $10.00 deposit into your affilaite account balance. You will earn 25% commission of the purchase price of each sale that you refer, however the commission will not be available until and unless the client that you have referred has stayed with us for at least 45 days. To withdraw your affiliate credit balance into your PayPal account, you must have a minimum of a $300.00 balance. If you violate any of these Affiliate Program terms, you may not be eligible to withdraw your affiliate credit balance and your affiliate credit balance may be revoked.

Refusal of Service ResellerHostingWITH reserves the right to refuse service to any individual or organization for any reason at our discretion.

Staff Abuse You may not verbally abuse our staff in forms of harrassment, threats, blackmailing, yelling, shouting, and/or swearing. Threats of physical abuse will be reported to the appropriate authorities. Any abuse towards our staff will result in your entire account and all of your products/services being immediately terminated without notice and without a refund provided.

Limitation of Liability You agree that use of the Service is at your own risk. You are responsible for keeping backups of your own data in rare cases of unrecoverable disk failure and/or data corruption. Except for information, products, or services clearly identified as being supplied by ResellerHostingWITH, neither ResellerHostingWITH nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. ResellerHostingWITH neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that we are not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on ResellerHostingWITH equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless ResellerHostingWITH and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.

You shall also indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the services.

Amendments to the Terms of Service ResellerHostingWITH reserves the right to revise this Agreement at any time. The customer's continued use of services provided by ResellerHostingWITH will be deemed consent to the policies aforementioned in this Terms of Service Agreement.