COMPANY NEWS |
03-2006
: Our system admin worked hard during the last 2 months to keep up 99.9% uptime.
02-2006
: We successfully implement cluster DNS across all servers in our network.
01-2006
: Start using additional uptime monitoring service from Uppanel.com to guarantee the best hosting for our clients.
12-2005
: Launch new design and billing system for the website.
11-2005
: Our staff develop custom monitoring scripts to monitor all servers.
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Terms
Of Service
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Special Reseller Hosting agrees to provide and furnish services to the
subscriber, subject to the following Terms of Service (TOS). Use of the Premium
Reseller Hosting service constitutes acceptance and agreement to both our
Acceptable Use Policy (AUP) and our Terms of Service (TOS).
All provisions detailed in this contract are subject to the provided Terms of
Service (TOS) and Acceptable Use Policy (AUP). We reserve the right to make
changes to the provided Terms of Service (TOS) or Acceptable Use Policy (AUP) as
needed, without notice to our clients. Changes made to our TOS or AUP does not
constitute early contract termination or non-payment.
1. Delivery of Services and Terms
1.1 Delivery of Services
Customer agrees to pay Special Reseller Hosting the fees charged by Premium
Reseller Hosting for (i) the Service(s) during the Initial Term and for any
Renewal Term, and (ii) certain limited services and equipment needed by Customer
on a "one-off" or emergency basis ("Supplemental Services") where such services
are not included within the scope of the Services as described in the Order
Form(s). Customer agrees to pay Special Reseller Hosting the fees charged by
Special Reseller Hosting for Supplemental Services, and hereby authorizes
Special Reseller Hosting to perform such services on its behalf. All
supplemental services are provided on an 'as is' basis and exclude warranties of
any kind, whether express or implied in accordance with Premium Reseller
Hosting's current policies and prices.
1.2 Term
(a )Term Commencement. The term for each Service will commence on the Service
Commencement Date.
(b) Renewal Term(s). Upon expiration of the Initial Term, the term shall be
extended automatically for a period of thirty (30) days ("Renewal Term"), unless
and until either party gives the other no less than thirty (30) days' written
notice of a termination. The termination of any Service will not affect
Customer's obligations to pay for other Service(s). This is not applicable to
domain name registration.
2. Fees and Payment Terms
2.1 Fees and Expenses
Customer will pay all fees due according to the prices and terms listed in the
Order Form(s) and all other fees incurred by Customer related to Supplemental
Services, Professional Services, reinstatement of service fees and fees for
switching or upgrading servers, all in accordance with then current Premium
Reseller Hosting prices and policies.
2.2 Payment Terms
On the Service Commencement Date for each Service, Customer will be billed (the
"Initial Bill") an amount equal to (i) all non-recurring charges indicated in
the Order Form(s) and (ii) the monthly recurring charges for the first month of
the term prorated for the number of calendar days remaining in such month.
Subsequent monthly billing will occur on the first day of each calendar month of
the term. Monthly recurring charges for all months will be billed (the
"Recurring Bill") in advance of the provision of Services. All other charges for
Services received and expenses incurred for Supplemental or Professional
Services during a month (e.g., bandwidth usage fees) will either be billed
immediately or at the end of the month in which the Services were provided.
Payment for all fees is due upon receipt of each Special Reseller Hosting
invoice. All payments will be made in U.S. Dollars. Notwithstanding anything to
the contrary in this Agreement, Special Reseller Hosting expressly reserves the
right to alter, change or amend its billing practices in its sole discretion,
including, but not limited to, the date on which such billing will occur and the
types of charges that will be included in such bills.
2.3 Suspensions and Termination
Any payment not received within seven (7) days of the invoice date of the
Initial Bill, Special Reseller Hosting reserved the right to suspend the account
or terminate service without any notice.
2.4 Account Cancellations
Customer using PayPal can cancel services anytime by cancel the PayPal
subscription. The hosting account will be suspended 12 hours after we receive
notification email from PayPal. For customers pay by credit card, account cancellations must be made at least 7 days in advance via e-mail with
all customer details (i.e. billing & account). Any missing information may delay
the cancellation of your account. Special Reseller Hosting will not be
responsible for additional charges made if missing data is found.
3. Intellectual Property Ownership
This Agreement does not transfer from Special Reseller Hosting to Customer any
Special Reseller Hosting Technology, and all right, title and interest in and to
Special Reseller Hosting Technology will remain solely with Premium Reseller
Hosting. This Agreement does not transfer from Customer to Premium Reseller
Hosting any Customer Technology, and all right, title and interest in and to
Customer Technology will remain solely with Customer. Special Reseller Hosting
and Customer each agree that it will not, directly or indirectly, reverse
engineer, decompose, disassemble or otherwise attempt to derive source code or
other trade secrets from the other party and/or its third party vendors.
4. Limited Warranties
4.1 Limitation
Each of the guarantees in the Order Form(s) is null and void if Customer fails
to follow Special Reseller Hosting's AUP and other policies or otherwise
breaches the Agreement in any respect.
4.2 No Other Warranty
Special Reseller Hosting does not monitor or exercise control over the content
of the information transmitted through its facilities. Use of the services or
any information that may be obtained there from at customer's own risk. The
services are provided on an 'as is' basis, and customer's use of the services at
its own risk. Except as provided in the order form(s), Special Reseller Hosting
does not make, and hereby disclaims, any and all other express and/or implied
warranties, including, but not limited to, warranties of merchantability,
fitness for a particular purpose, non-infringement and title, and any warranties
arising from a course of dealing, usage or trade practice. Premium Reseller
Hosting does not warrant that the services will be uninterrupted, error-free or
completely secure.
4.3 Disclaimer of Actions Caused by and/or Under the Control of Third Parties
Special Reseller Hosting does not and cannot control the flow of information to
or from Special Reseller Hosting network and other portions of the Internet.
Such flow depends in large part on the performance of Internet services provided
or controlled by third parties. At times, actions or inactions of such third
parties can impair or disrupt customer's connections to the Internet (or
portions thereof). Special Reseller Hosting cannot guarantee that such events
will not occur. Accordingly Special Reseller Hosting disclaims any and all
liability resulting from or related to such events.
5. Customer Obligations
5.1 Warranties of Customer
(a) General. Customer represents and warrants that (i) Customer is at least
eighteen (18) years of age; (ii) Customer possesses the legal right and ability
to enter into this Agreement, and (iii) the performance of its obligations and
use of the Services (by Customer, its customers and users) will not violate any
applicable laws, regulations or the Rules and Regulations or cause a breach of
any agreements with any third parties or unreasonably interfere with other
Special Reseller Hosting customers' use of Special Reseller Hosting services.
Customer assumes all risks related to processing of transactions related to
electronic commerce.
(b) Breach of Warranties. In the event of any breach of any of the foregoing
warranties, in addition to any other remedies available at law or in equity,
Special Reseller Hosting will have the right, in its sole discretion, to suspend
or terminate immediately any Services.
5.2 Server and system abuse (Only applicable to Shared Hosting, Reseller
Hosting accounts)
Each account is only allowed to use a maximum 20% of the CPU
power/usage at any given time. Accounts that use above this amount or cause the
web server to slow down for any reason will be asked to reduce the amount of
load and traffic or upgrade to a premium hosting or dedicated server option. Customers with unlimited features (unlimited domains, sub-domains,
databases ..) are not allowed to offer free hosting or files storage. Any attempts to undermine or cause harm to a Special Reseller Hosting
server, or any customer of Special Reseller Hosting is strictly prohibited. Any
sub-networks of Special Reseller Hosting, and all dedicated servers, must adhere
to the above policies. Failures to meet, or follow any of the above guidelines,
are grounds for account deactivation. We reserve the right to remove any account
without prior notice, if we have reason to believe that any of the terms
outlined in this Agreement, are violated.
6. Limitations of Liability
IN NO EVENT SHALL Special Reseller Hosting BE LIABLE FOR DAMAGES RESULTING FROM
LOSS OF DATA, PROFITS, USE OF THE Special Reseller Hosting SITE OR ANY PREMIUM
RESELLER HOSTING SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH
ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL PREMIUM RESELLER
HOSTING'S CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAT THE CLIENTS
ASSOCIATED HOSTING FEE (LESS SET-UP FEES, DOMAIN REGISTRATION, AND OVERAGES).
7. Indemnification
You agree to indemnify, defend, and hold harmless Special Reseller Hosting from
any and all liabilities, penalties, losses, damages, costs, expenses, attorneys'
fees, causes of action and/or claims caused by or resulting indirectly from your
use our services.
8. Termination
8.1 Termination without Cause during Renewal Term
This Agreement may be terminated by either party at any time during any Renewal
Term for any or no reason upon either party giving to the other no less than
thirty (30) days' prior written notice of termination. No matter which party
terminates the Agreement pursuant to this Section 8.1, any and all payment
obligations of Customer under this Agreement for Service(s) provided through the
date of termination will immediately become due, and Customer shall be required
to prepay for any portion of the Services that have not been paid for and are to
be rendered during such thirty (30) day period. Special Reseller Hosting may
terminate the service by providing fourteen (14) days notice to customer.
8.2 Termination for Cause
In addition to any other rights it may have under this Agreement or applicable
law, Special Reseller Hosting may immediately terminate this Agreement or
suspend service, effective without notice, in the event of (i) Non-payment of
services within 7 days of invoice date, or (ii) Customer's breach or failure to
comply with any other obligation of Customer under this Agreement including, but
not limited to, its failure to comply with any of the terms of the AUP or other
policies of Special Reseller Hosting. Customer may terminate this Agreement if
Special Reseller Hosting breaches any material term or condition of this
Agreement and fails to cure such breach within ten (10) days after receipt of
written notice of same. If this Agreement is terminated by Premium Reseller
Hosting under this Section 8.2, all remaining monthly recurring and other
charges specified on the applicable Order Form(s) for the balance of the then
current term shall immediately become due and payable. In addition to the
foregoing, Special Reseller Hosting reserves the right to prohibit any conduct
or to remove any materials or content in violation of the Rules and Regulations
or which Special Reseller Hosting believes in its sole discretion to be illegal
or potentially harmful to others or may expose Special Reseller Hosting to harm
or liability.
9. Cancellation and Refunds
9.1 Cancellation
Special Reseller Hosting reserves the right to cancel the account at any time.
Customers may cancel at any time. Money back guarantee only applicable to those
products and services that specified with this offer. Any other products or
services with no specification in money back guarantee are not entitling to any
money back or refund. Under the money back guarantee, only first-time accounts
are eligible for a refund. For example, if you've had an account with us before,
cancelled and signed up again, you will not be eligible for a refund. This is to
protect our refund guarantee from being abused. Special Reseller Hosting
reserved the right to determine the definition of first-time account.
9.2 Money back Guarantee
No full refund will be honored on Dedicated servers, and reseller services; the 30 day money back
guarantee does not apply. We reserve the right to refund a prorated amount or no
refund at all.
Each of Special Reseller Hosting's managed shared hosting plans carries a
30 day unconditional money back guarantee on them. If you are not completely
satisfied with our services within the first 30 days of your service, you will
be given a full refund of the contract amount. Remember, this is ONLY for
monthly shared packages, and not for reseller or dedicated servers.
9.3 Promotions and Cancellations
Customers who signup using a promotion code are not eligible for 30-day money
back guarantee. (Free Domain registration as a promotion are only valid for as
long as you keep your hosting account active with us. You will be charged full
domain registration fee upon cancellation.)
10. Downtime
Is defined as any Special Reseller Hosting scheduled interruption of Services,
for the purpose of network upgrades, or replacement of any equipment in order to
provide for you better service. Scheduled downtime occurs during notified
downtime periods, with as much advance warning as possible via e-mail with a
minimum of 24 hours notice.
11. Disclaimer of Warranty
THE SERVICES, THE Special Reseller Hosting SITE, INCLUDING WITHOUT LIMITATION,
ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Special Reseller Hosting
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON
AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Special Reseller Hosting
HOSTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF
THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Special Reseller Hosting
HOSTING SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO
VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL
BE SUFFICIENT
12. Terms of Service Changes
Special Reseller Hosting reserves the right to change the terms set forth to our
clients at any time, without any form of notice to our clients, non-clients, or
general public. At all times customers are bound to the terms set forth. In no
event shall Special Reseller Hosting or its Staffs' lack of enforcement of these
terms constitute a waiver of these terms at any time.
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