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)
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
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
Any soap mailers
Auto email capturing script
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
Account has no pending warnings / complaints.
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
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.