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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals reseller, 3rd party, third party, oem, independent WEB HOSTING AND EMAIL RESELLER AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between CustCompany hereafter referred VAR Reseller and Company hereafter referred Company Provider The purpose this Agreement hereafter referred the Agreement set forth Acceptable Use and Reseller Policy under which CustCompany will provide Reseller services behalf Company Terms and Conditions service the standard VAR Agreement with Company provided below Right Resell Subject the terms and conditions this Agreement Company grants VAR non exclusive right resell its products and services VAR customers with the following agreements Provider service will provided available basis Further Provider provides warranty written expressed implied for any Web Hosting and Email services provided including without limitation warranty the merchantability and warranty fitness for particular purpose This warranty expressly includes any reimbursement for losses income due disruption service Provider its providers beyond the fees paid Provider for services VAR and VAR Customers VAR End Users End Users will use the Web Hosting and Email services manner consistent and compliant with any and all applicable laws the State State and the Federal Government Use any information obtained way Provider VAR own risk and Provider specifically denies any responsibility for the accuracy quality information obtained through its services Provider makes warranty written expressed implied any guaranteed uptime that the service will function reliable level based past performance Provider not responsible for any damages arising from VAR use Provider VAR Customer inability use the Web Hosting and Email services for any reason Provider shall make every reasonable effort protect data stored Customer Server Provider not responsible for VAR VAR Customer data files directories residing Provider equipment Customer solely responsible for maintaining data files and back ups Representation VAR shall maintain sales office for product promotion and responsible for all costs incurred for the promotion and sale Company products and services VAR shall conduct business its own name and shall not represent itself employee agent Company Prospects may registered with Company and will protected for days This protection may renewed Company discretion for further days End User Pricing End User Pricing and VAR Compensation outlined Exhibit attached and subject change the sole discretion Company VAR may set their own End User pricing Company not responsible for misrepresentations inaccuracies errors other pricing discrepancies made between VAR and any prospective customers that VAR may deal with using Company Web Hosting services VAR agrees comply with the following policies and assume responsibility for the compliance all End Users permitted VAR use Company products and services Resale Services Under this Agreement VAR granted the right resell Company services third parties End Users under the following terms Services include but are not limited Provisioning email addresses Web Hosting and Storage Space Data Transfer FTP List Management any other Service provided Company now the future Unauthorized resale use misrepresentation any Company products services strictly prohibited Limit Liability Company shall not liable for any content posted opinions expressed actions taken any the users Company services Any conduct that violates the law regulation the accepted norms the Internet community the Community standards which you live whether expressly mentioned this Agreement not strictly prohibited Company reserves the exclusive right prohibit any activities that deems will adversely affect its commercial reputation goodwill endanger its Network impact its customers expose liability tort Modification Agreement Company reserves the right add modify delete any provision this Agreement any time and without notice Company reserves the exclusive right and will the sole arbiters what constitutes violation any these provisions Misuse System Resources violation for anyone who including but not limited employs posts programs which consume excessive CPU time server memory storage space permits the use mail services mail forwarding capabilities POP accounts auto responders other than for their own account resells access CGI scripts installed Company servers Company reserves the right terminate any service process that uses disproportionate amount any system resources immediately and without notice the user Potentially Tortuous Illegal Conduct The following shall construed violations this Agreement and may result suspension deletion End User account Termination this Agreement Company Products and Services may only used only for lawful purposes Transmission distribution storage any material violation any applicable law regulation strictly prohibited This includes without limitation material protected copyright trademark trade secret other intellectual property right used without proper authorization material that obscene defamatory constitutes illegal threat violates export control laws Non acceptable content links may include but not limited Pirated software Hackers programs archives Warez Game Mods Patches Irc Bots Chat Sites Servers Pornography and Adult Content TGP any other file media deemed Company illegal for which VAR VAR Customer not have the legal right use post otherwise store Company servers one shall post defamatory scandalous private information about person without their consent with intention inflict emotional distress violating trademarks copyrights other intellectual property rights Sending unsolicited email messages Spam from through Company servers including without limitation commercial advertising informational announcements shall prohibited Company reserves the right terminate this Agreement and any other accounts under VAR account Company determines that unsolicited mass email has occurred Company receives complaints that unsolicited email messages have been sent from VAR account Posting any Usenet other newsgroup forum email mailing list other similar group list articles with the intent engage commercial advertising informational announcements Engaging any the foregoing activities using the service another provider but channeling such activities through Company provided server using Company provided server mail drop for responses Any unauthorized distribution copying copyrighted material violations export restrictions harassment fraud dealing contraband and other illegal activities dealing content and material that has been deemed illegal your community state province municipality Falsifying any user information provided Company other users the service connection with the use Company service System and Network Security Violations system network security are strictly prohibited and may result criminal civil liability Examples include but are not limited allowing unauthorized access use probe scan any Company system security authentication measures data traffic interference with service any user host network mail bombing flooding attempts overload system broadcast attacks VAR their Sub accounts shall not engage forging any TCP packet header email headers any other information provided passed through Company Systems Network any time Domain Name Agreements Restrictions and Transfer Policies Under ICANN policy Company prohibited from allowing the transfer domain name Registrars during the first days after initial registration the domain name This applies ALL domain names regardless where they are purchased Domain names cannot transferred from Company system within this period Beginning the 61st day after the initial registration the procedures for transferring domain names can completed without restriction The full ICANN policy concerning domain name registration can found ICANN ORG Domain Name Transfer Notifications Company does not guarantee that all domain name transfers updates DNS records records Aliasing Records URL forwarding domain name forwarding other Registrar DNS related service product will succeed DNS Information Company shall not responsible for updating any the DNS records entries for transferred domain names VAR shall have sole responsibility for ensuring that all relevant DNS entries for domain name are correct Fees paid for transferred domain names are not refundable the transfer fails for any reason This may include but not limited timeouts resulting from delay owner registry approval incorrect contact information the WHOIS record attempted transfers domains that are not transferable for any other reason Renewal your Reseller Account Renewal Reseller account shall automatic until cancelled Reseller Accounts shall automatically renewed according the terms set forth this Agreement unless VAR submits notice cancellation writing Company Account Cancellation Notification Fees Refunds Cancellations must received writing days prior the account renewal date Cancellations received after the renewal date shall renewed the rate set forth this Agreement and then canceled the end the next billing cycle Cancellations received within the first days after the renewal date will not subject the account cancellation fee long VAR pays all outstanding balances owed Company Account cancellations received Company prior the renewal date shall subject Insert Cancellation Fee Amount cancellation fee Domain name purchased VAR through Company shall remain the property Company after cancellation until VAR pays all outstanding balances owed Company VAR may renew domain names registered through Company its Affiliates for fee DomainRegFee per domain Credit Card Chargebacks Cancellation payment for any services under this Agreement conducted via credit card chargeback shall not tolerated Upon notification chargeback Company will assume and retain ownership any domain name registered with Company behalf VAR fee per domain name will assessed VAR plus normal registration fees before Company releases the Domain name Consequences Violation Company becomes aware alleged violation any the terms contained this Agreement any other policy that has been posted its Website made available VAR via email posted any other form Company shall initiate investigation During the investigation Company may restrict VAR End User access Company products and services order prevent further possible unauthorized activity Company may its sole discretion restrict suspend terminate VAR account without notice refund pursue civil remedies deems necessary Company shall notify the appropriate law enforcement department any such violations Company shall not responsible for any payment refunds compensation any way for service disruptions termination resulting from violations this Agreement Compensation Terms payment are unless credit approval has been granted VAR Company credit approval has been granted credit terms are net upon receipt invoice Company reserves the right revoke any credit extended payment arrears for more than days VAR solely responsible for all hosting and billing payments Company and agrees hold Company harmless for any interuption any products and services provided VAR Company under this Agreement Non Disclosure Proprietary Information exchanged hereforth shall treated such VAR and held the strictest confidence This information shall include but not limited the provisions outlined this Agreement product and services information pricing source code Company practices methodology and procedures VAR further agrees not distribute decompose disassemble decode reverse engineer any Company program delivered VAR any portion thereof without prior written approval Company Transfer Rights VAR may not assign transfer this Agreement whole part without the prior written consent Company the event that VAR contemplates whole partial sale its business ownership change change its jurisdiction VAR shall notify Company mail facsimile email less than days prior the effective date the event Term Agreement The term this Agreement twelve months from the date execution Company This Agreement shall continuously renewed every twelve months unless VAR notifies Company writing thirty days prior the expiration date Termination Company may terminate this Agreement its sole discretion upon the occurrence one more the following events failure comply with any provisions the Agreement upon receipt written notice from Company said failure appointment receiver upon the filing any application VAR seeking relief from creditors upon mutual agreement writing Company and VAR Disputes legal proceedings are commenced resolve dispute arising out relating this Agreement the prevailing party shall entitled recover all costs legal fees and expert witness fees well any costs legal fees connection with any appeals Indemnification VAR shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees whatsoever kind and nature that may asserted granted imposed against Company directly indirectly arising from connection with VAR marketing support services the product services the unauthorized representation the product and services any breach this Agreement VAR Force Majeure Neither party shall held responsible for delay failure performance hereunder caused acts nature strikes embargoes fires war other causes beyond their reasonable control Binding Effect any provision this Agreement held unenforceable the enforceability the remaining provisions shall way affected impaired thereby This Agreement and any disputes arising hereunder shall governed the laws State without regard conflicts law principles failure any party exercise delay exercising right power conferred upon this Agreement shall not operate waiver any such right power Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Reseller Initials Company Initials
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