Terms of Service ( TOS )
This Terms of Service, or TOS, is a contract between you and Windows Reseller Web Hosting. All clients of Windows Reseller Web Hosting agree to abide by these policies. All clients of Windows Reseller Web Hosting also warrant that they are at least 18 years of age, and that they have the right and authority to bind themselves, or the company that they represent, to the terms of this TOS. This TOS, may be modified from time-to-time. All clients of Windows Reseller Web Hosting agree to be bound by these modifications. The most recent version of this TOS can always be found here.
While we facilitate your business on the Internet, we are an independent contractor. We only have control of the products and services we provide directly, and are not liable for your actions, the actions of our third party service providers, or the actions of individuals who use your products and services (End Users).
Windows Reseller Web Hosting provides a number of services to its customers. The services and products provided to you by Windows Reseller Web Hosting, as set out on our website, are referred to as the Services. We provide the Services to you based on the description of them on our website as of the Effective Date. Should our website change subsequent to the Effective Date, we have no obligation to modify the Services to reflect such a change.
The Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate this TOS based on such a change by a third party.
You are required to provide us with accurate information when setting up your account, during the course of our relationship, and when corresponding with us. On occasion, we may need to communicate with you by e-mail about the Services. You agree to maintain a working e-mail address that is monitored daily. We have no responsibility, or liability, for interruptions in the Services, or damages of any sort, based on communications that are misdirected as a result of your failure to provide us with updated contact information.
All prospective customers are subject to a credit check and screening for potential fraud. We are not bound by this TOS until these procedures are completed to our satisfaction.
The “Effective Date” of this TOS will be the day on which we receive payment from you.
This TOS will begin on the Effective Date and continue for the term set out on the page describing the Services (Initial Term). After the expiration of the Initial Term, this TOS will renew for successive periods of equal length (Renewal Term). If the page describing the Services does not contain an Initial Term, the Initial Term shall be one month.
Your invoice is generated 10 days prior to its due date. The due date is the day of the month you signed up (Due Date). Your credit card will be charged on the Due Date. You are responsible for the fees and charges set out on the page describing the Services you have purchased, according to the terms set out on that page. In addition, certain aspects of the Services may be billed by third parties to you, through us. All of these are referred to collectively as “Fees.”
Either party may terminate the services by providing written notice to the other no later than 25 days from the expiration of the Initial Term or Renewal Term.
We reserve the right to immediately terminate this TOS, and suspend or cancel the Services: (i) for a violation of any of our policies, including those incorporated by reference; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights.
Upon termination, your account will be closed. We have no responsibility to forward e-mail, or other communications, for you once your account is closed. You are encouraged to keep the Service active during a transition period should you seek to forward your e-mail or other communications.
One party may also terminate this TOS upon the occurrence of a material breach, which has not been cured by the other party within 10 days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in Internet business. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
Money Back Guarantee
Hosting services carry an unconditional 30 day satisfaction guarantee. To cancel your hosting services and receive a refund, you must contact us within 60 days from the Effective Date of the particular Services you wish to cancel. Only your monthly fees are refundable. Set up, domain name registration, SSL Certificate, and other one-time fees are not refundable. If you paid us by credit card we will credit the card on file, Paypal payments will be refunded on-line. Payments made by check are not refundable. Any custom orders or configuration setups are non-refundable.
Use of the Services
The terms “unlimited” and “unmetered” are defined by our experience with similarly situated customers. This means that your use of our resources may not exceed that of similarly situated customers. Examples of primary purposes for an account that are not allowed include, but are not limited to:
- Audio/Video streaming (other than that which is incidental to a site’s operation)
- Very large photo galleries
- Storage of a large amount of uncompressed or full-size digital images
- Online file (FTP) serving
- Distribution of large audio or video content such as MP3 files
- Online backups (i.e. backup of desktop/laptop computer, files, or anything not directly related to the website)
You may not place excessive burdens on our CPUs, servers or other resources, including our customer support services. You understand that bandwidth, connection speeds and other similar indices of capacity are maximum numbers. Consistently reaching these capacity numbers may result our need to place restrictions on your use of the Services. You agree that we may place restrictions on your use of the Services or customer support services to the extent that they exceed the use of these resources by similarly situated customers.
Shared web hosting accounts are allowed to use a maximum of 600,000 inodes and 35 concurrent HTTP connections to the server. Backups older than 60-days in a customer account may be removed from the server at our discretion. Complimentary Server Rewind for shared web hosting backups are limited to a 50GB quota. If you exceed 50GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.
VPS accounts are UNLIMITED inodes.
You agree to cooperate with us to facilitate your use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that you, your employees, and/or agents have sufficient technical expertise to understand how to implement the Services.
You are responsible for all long distance and/or connection charges associated with the Services. You are responsible for the Fees once our Services are made available to you. It is your responsibility to ensure that you can connect with us to use the Services.
You have read and agree to the policies outlined in the Windows Reseller Web Hosting Support Policy, which is incorporated into this TOS by reference.
Licenses and Intellectual Property
Windows Reseller Web Hosting grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Windows Reseller Web Hosting solely to access and use the Services. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Windows Reseller Web Hosting’s technology shall remain with Windows Reseller Web Hosting, or Windows Reseller Web Hosting’s licensors. You are not permitted to circumvent any devices designed to protect Windows Reseller Web Hosting, or its licensors’, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us.
You grant Windows Reseller Web Hosting, and any third parties used by Windows Reseller Web Hosting to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, or your licensors.
Windows Reseller Web Hosting’s Representations and Warranty
Windows Reseller Web Hosting warrants that it will perform the Services in accordance with other similarly situated companies. To make a warranty claim, you must notify Windows Reseller Web Hosting in writing within 30 days of the date Windows Reseller Web Hosting’s alleged breach. Your exclusive remedy, and Windows Reseller Web Hosting’s sole obligation, in the case of a breach of warranty is, at Windows Reseller Web Hosting’s option, to (i) reperform the Services; or (ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. For the purposes of Windows Reseller Web Hosting’s warranty, the following issues shall not constitute services within the definition of “similarly situated companies”: up-time, “up-time guarantees” or other items for which Windows Reseller Web Hosting provides a service level agreement, regardless of whether a service level agreement is, or was, available for the Services.
Services provided by third parties are expressly excluded from this warranty.
Your Representations and Warranties
You represent and warrant to Windows Reseller Web Hosting that: (i) you have the experience and knowledge necessary to use the Services; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from using the Services in particular, and doing business on the Internet in general; (iii) you will provide us with material that may be implemented by us to provide the Services without extra effort on our part; and/or (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service.
You agree to indemnify, defend and hold harmless Windows Reseller Web Hosting and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and, collectively, “indemnified parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to (i) your use of the Services (ii) any violation by you of any of Windows Reseller Web Hosting’s policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate “you” include you, your customers, visitors to your website, and users of your products or services, the use of which is facilitated by us.
Windows Reseller Web Hosting shall indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that a product or service provided by Windows Reseller Web Hosting hereunder infringes any patent, copyright, or trademark. This indemnification provision is expressly limited to products or services which are fully owned by Windows Reseller Web Hosting. It does not extend to products or services provided by third parties. If set out in its agreements with third-party suppliers, Windows Reseller Web Hosting shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on your notifying Windows Reseller Web Hosting promptly in writing of the claim and giving Windows Reseller Web Hosting full authority, information, and assistance for the defense and settlement thereof. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Windows Reseller Web Hosting’s opinion is likely to occur, you agree to permit Windows Reseller Web Hosting, at its option and expense, either to: (i) procure for you the right to continue using the product or service; (ii) replace with a product or service, regardless of manufacturer, performing the same or similar function as the infringing product or service, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate Windows Reseller Web Hosting’s obligations (and your rights) under this TOS with regard to such product or service, and, refund the Fee charged by us for the period in which the Services were unavailable.
Windows Reseller Web Hosting offers a 99.9% uptime guarantee. This guarantee excludes scheduled maintenance periods as outlined in our Maintenance Policy.