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   Terms of Service  
  The following terms of service govern the provision by PremiumReseller of the services and products (hereinafter referred to as "Services and Products") provided  to the customer (hereinafter referred to as "Customer"). By placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by PremiumReseller, Customer agrees to be bound by the terms outlined. No modifications of said contract by Customer is allowed. Questions or comments regarding this document should be forwarded to PremiumReseller.

If Customer violates these Terms of Service, PremiumReseller reserves the right to suspend account or terminate Services and Products without notice. PremiumReseller may advise Customer of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

1. Customer Responsibility:

1.1. Customer is solely responsible for the content stored on and served by PremiumReseller.

1.2. Customer must provide PremiumReseller with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference.

1.3. Customer is responsible for any misuse of Customer's account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, Customer must take steps to ensure that others do not gain unauthorized access to Customer's account.

1.4. Customer may not use Customer's account to breach security of another account or attempt to gain unauthorized access to another network or server.

1.5. Customer must provide photo ID for Shell access.

2. Payments and Fees:

2.1. Establishment of Services and Products is contingent upon receipt of payment from Customer to PremiumReseller. Subsequent payments are due on the anniversary date of the month for that month service, unless Customer requests all monthly payments to be consolidated to one specific billing date. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.

2.2. Payment is due on the defined monthly recurring billing date of each month. Services and Products will be interrupted on accounts that reach 2 days past due. Services and Products interrupted for nonpayment is subject to a $25.00 reconnect charge. Accounts not paid by due date are subject to a $10 late fee. Accounts that are not collectable by PremiumReseller will be turned over to an outside agency for collection. If Customer's account is turned over for collection, Customer agrees to pay PremiumReseller a Processing and Collection Fee of not less than Fifty ($50.00) nor more than One Hundred Fifty ($150.00)

2.3. PremiumReseller may temporarily deny Services and Products or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

2.4 Account Cancellation: Cancellation request must be submitted at least 7 days in advance using online form with all customer details (i.e. billing & account). Any missing information may delay the cancellation of your account. PremiumReseller will not be responsible for additional charges made if missing data is found.

2.5 Charge Backs: PremiumReseller.com does not allow charge backs to occur to its merchant account and contracts with VISA/MASTERCARD International, American Express and its Discover Financial services. It is not recommended to initiate a charge back hence customer agreed to the Terms And Conditions as outlined in this document and PremiumReseller will use this document and customers agreement at the time of the order to wholeheartedly fight a charge back or dispute. If the customer has supplied a valid reason for a refund, PremiumReseller will gladly apply this refund ONLY if the requirements specified above are met. Any dispute or charge back attempts will immediately result in suspension of the web hosting account and another charge will be applied the customers credit card under the same order/authorization number. Any customer, who provides a credit card charge back in response to a bill and/or order placed at PremiumReseller, will be subject to collections and legal action. Charge backs are never an acceptable means of attaining a refund. By ordering an account you are bound by these terms and conditions and must follow and agree to them. The following amounts will be applied for all charge backs: $25.00 Charge back processing fee, $100 penalty for charge back usage. In addition if collections action is required a 22% collections fee will be assessed as well for the total amount.

 3. Acceptable Uses of Services and Products

Customer may only use Services and Products in a manner that, in the sole judgment of PremiumReseller, is consistent with the purposes of such Services and Products. Services with unlimited features on shared environment is subject to fair use policy to ensure service availability to all customers. If Customer is unsure of whether any contemplated use or action is permitted, please contact PremiumReseller.

3.1. General Abuse

Illegal Activities: Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. PremiumReseller reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm or Endangerment to other people: Customer shall not use Services or Products to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.1

Copyright or trademark infringement: Customer shall not use Services or Products to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Customer shall not use Services or Products to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

3.2. CPU/Memory Resource Policy

Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 20% of the CPU power/usage at any given time. Maximum database size allowed is 500MB. 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. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly PremiumReseller  reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. PremiumReseller will remain the sole arbiter as to what constitutes a violation of this policy.

3.3. System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following:

Introduction of malicious programs into the our network or servers (e.g., viruses and worms).

Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which Customer is not an intended recipient or logging into a server or account that Customer is not expressly authorized to access. Disruption includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.

Executing any form of network monitoring which will intercept data not intended for Customer's server.

Circumventing user authentication or security of any host, network or account.

Interfering with or denying service to any user other than Customer's host (for example, denial of service attack).

Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal session, via any means, locally or via the Internet.

Creating an "active" full time connection by using artificial means involving software, programming or any other method.

Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of PremiumReseller, including but not limited to altering, removing or in any way modifying or tampering with PremiumReseller created log files.

Any action which PremiumReseller determines, in its own judgment, will reflect poorly on PremiumReseller or negatively impact its operations.

Any action which PremiumReseller deems to be an unacceptable use of resources, business practice or otherwise unacceptable to PremiumReseller.

3.4. SPAM and Unsolicited Commercial Email (UCE) Policy:

PremiumReseller takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over its network. Very simply this means that Customer may not use or permit others to use our network to transact in UCE.

Violations of this policy carry severe penalties, including termination of service. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of its SPAM policy, PremiumReseller will initiate an immediate investigation (within 24 hours of notification). During the investigation, PremiumReseller may restrict Customer access to the network to prevent further violations. If Customer is found to be in violation of our SPAM policy, PremiumReseller may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, PremiumReseller reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. PremiumReseller will notify law enforcement officials if the violation is believed to be a criminal offense.

First violations of this policy will result in an "Administrative Fee" of $50 and Customer's account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $200 and immediate termination of Customer's account. PLEASE, DO NOT SPAM.

3.5. Scripts, Background Running Programs and Cron Jobs

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. PremiumReseller does not permit scripts & programs sharing with domains not hosted our network or any scripts & programs that may be abused for UCE purposes.The following scripts are banned because they are either resource hogs or harmful:

IRC, Game or Chat software
UltimateBBS (all versions)
Ikonboard (all CGI versions)
IRC Egg Drops
Proxy Scripts
The Anonymizer
Any soap mailers
Auto email capturing script
SafeLists
Shell Alternatives

3.6. Backups

All shared hosting accounts at  PremiumReseller include a nightly backup service, however these backups are for administrative purposes only, and are in no way guaranteed! Customer is responsible for maintaining their own backups on their own personal computers. PremiumReseller does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

4. Money Back Guarantee

Every shared hosting and reseller hosting account ordered from PremiumReseller comes with a 30 Day Money Back Guarantee. In the event that Customer wishes to cancel Services within the first 30 days, PremiumReseller will refund fees paid to Customer after deducting credit card transaction fee. Domain name registration fees, setup fees, add-on service fees and dedicated server fees, are non-refundable. Refund is not eligible for returning Customer and Customer  sign up with a special coupon.

5. Account Termination

5.1 PremiumReseller reserves the right to refuse, cancel or suspend service at its sole discretion in the judgment of network administrator that Customer's account is the source or target of the violation of any of the other terms of the TOS or for any other reason which PremiumReseller chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. Customer will not be credited for the time the customer's machines were suspended.

5.2. Customer may terminate an account with PremiumReseller, given that the following provisions are meeting:

Account is in good standing, all payments have been made.
Account does not host content which is not allowed on PremiumReseller servers.
Account has no pending warnings / complaints.

6. Indemnification:

PremiumReseller wishes to emphasize that in agreeing to the Terms of Service, Customer indemnifies PremiumReseller for any violation of the Terms of Service that results in loss to PremiumReseller or the bringing of any claim against PremiumReseller by any third-party. This means that if PremiumReseller is sued because of a Customer's or a customer of a Customer's activity, Customer will pay any damages awarded against PremiumReseller, plus all costs and attorney's fees.

7. Miscellaneous Provisions:

A waiver by PremiumReseller of any breach of any provision of this Agreement by Customer shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Customer shall not transfer or assign this Agreement without the prior written consent of PremiumReseller. PremiumReseller may assign Agreement at anytime without consent from or notice to Customer. PremiumReseller reserves right to cancel Customer rights under this contract at anytime without further obligation.

PremiumReseller takes no responsibility for any material input by others and not posted to PremiumReseller Network by PremiumReseller. PremiumReseller is not responsible for the content of any other websites linked to PremiumReseller; links are provided as Internet navigation tools only. PremiumReseller disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

PremiumReseller is not responsible for any damages your business may suffer. PremiumReseller does not make implied or written warranties for any of its services. PremiumReseller denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PremiumReseller.

8. Revisions to the Terms of Service

PremiumReseller reserves the right to revise, amend, or modify this TOS and its other policies and agreements at any time and in any manner and any such modification shall be automatically effective as to all customers when adopted by PremiumReseller and published here.

 
 
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