The terms and conditions described in this document apply to the Dedicated server hosting services (referred herein as the 'Service(s)') provided by LiquidNet Ltd., a company in association with ResellersPanel, registered in the United Kingdom, registration No. 4654498 (referred to as PROVIDER in this document for the sake of brevity) on the one hand, and to the clients of the Free Reseller Hosting Program and their end-clients (both referred to as CUSTOMER(S) in this document for the sake of brevity), on the other.
When signing up for a Dedicated server hosting account with the Provider, the Customer agrees to abide by the rules and provisions explicated in these Dedicated Terms of Service, as well as all their coherent policies (Order Verification Policy, Acceptable Use Policy, etc.) mentioned herein.
The Customer of our Services should also be aware that when signing up for a Dedicated server hosting account with the Provider, he/or she agrees to position data on our servers and make it accessible to the wide internet public. In this respect, the Customer understands and agrees that it is beyond the power of the Provider to restrict any public access to this data and guarantee the security of the Customer's files. The Customer, therefore, is completely in charge of protecting his/her web content on our Dedicated servers and should consider carefully each piece of information before uploading it to his/her newly allocated Dedicated server space. We highly recommend that Customers avoid publishing online personal data that could be abused.
SERVICE AGREEMENT; ENTIRE AGREEMENT
The Provider shall provide its Services to You - the Customer - under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to keep the integrity of both the Provider and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our Services.
The Service Agreement, together with the Order Form, the Acceptable Use Policy (AUP), and any other policies or agreements mentioned in this document, constitute the whole act of convention between the Provider and the Customer.
RULES FOR ACTIVATION AND MONTHLY PAYMENT BASIS OF THE DEDICATED SERVER HOSTING SERVICE
Upon submitting of the online order form, the Customer agrees to abide by our Order Verification Policy and the following provisions:
SERVICE GUARANTEES; DATA BACKUP
The Provider guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:
For more information, please refer to our Service Level Guarantees. (anchor to 'Service Guarantees' from Service Level Guarantees-RSP or new popup containing only the text of the 'Service Guarantees' chapter)
Due to the specificity of the Dedicated server hosting service, providing Customers with fully independent and self-managed hosting environment, the DATA BAKCUP of all Customer's website contents and databases is solely Customer's responsibility, as well.
A 50 GB FTP backup storage is available as a part of our Managed Services Package. It is also available as a separate upgrade option.
SERVICE ACTIVATION AND CONTINUANCE TIMESCALES
For newly signed up clients - the Services are activated only after our Sales Department gets in touch with the Customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent account usage). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be canceled.
For existing customers - the services for existing Customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.
Dedicated Server Accounts - The newly-created Dedicated server hosting accounts with the Provider are valid for 1 month. They can be renewed on a monthly basis, i.e. for another month that will be added to the official expiration date of the Dedicated server account.
Domain Name Registrations/Transfers - The Provider offers for registration/transfer all TLDs (Top-Level Domains) displayed in the table below. A domain name can be purchased either at sign up together with the Dedicated server hosting account (at a regular or PROMOTIONAL price) or separately (later on) as an upgrade from the Customer's Dedicated management account. The Customer agrees to abide by the Provider's Domain Name Registration Agreement and Domain Name Dispute Resolution Policy. The table below displays the minimum and maximum registration periods, as well as the annual NON-PROMOTIONAL prices of all TLDs:
|tld||min/max period of registration @ min period price|
|.com||1-10 years @ \$9.00 per year|
|.net||1-10 years @ \$9.00 per year|
|.org||1-10 years @ \$9.00 per year|
|.we.bs||1-10 years @ \$3.00 per year|
|.info||1-10 years @ \$9.00 per year|
|.biz||1-10 years @ \$9.00 per year|
|.us||1-10 years @ \$9.00 per year|
|.co.uk||1-10 years @ \$7.95 per year|
|.ca||1-10 years @ \$14.50 per year|
|.eu||1-10 years @ \$7.50 per year|
|.com.au||2 years @ \$26.00|
|.co||1-5 years @ \$26.00 per year|
|.co.za||1 years @ \$24.00 per year|
|.ru||1 years @ \$7.00 per year|
|.es||1-5 years @ \$18.00 per year|
|.me||1-10 years @ \$24.00 per year|
|.tv||1-10 years @ \$28.50 per year|
|.pro||1-10 years @ \$24.00 per year|
|.in||1-5 years @ \$11.50 per year|
|.de||1 years @ \$9.00 per year|
|.it||1 years @ \$34.50 per year|
|.nl||1 years @ \$17.50 per year|
|.fr||1 years @ \$24.00 per year|
|.co.il||1-9 years @ \$32.00 per year|
|.ch||1 years @ \$13.50 per year|
|.se||1 years @ \$39.50 per year|
|.co.nz||1 years @ \$22.00 per year|
|.pl||1-3 years @ \$26.00 per year|
|.jp||1 years @ \$55.00 per year|
|.name||1-10 years @ \$10.50 per year|
|.mobi||1-10 years @ \$18.00 per year|
|.cc||1-10 years @ \$21.50 per year|
|.ws||1-10 years @ \$17.00 per year|
|.be||1 years @ \$9.00 per year|
|.com.mx||1 years @ \$48.50 per year|
|.org.uk||1-10 years @ \$7.95 per year|
|.me.uk||1-10 years @ \$7.95 per year|
|.net.au||2 years @ \$26.00|
|.at||1 years @ \$25.00 per year|
|.nu||2-10 years @ \$57.00|
|.asia||1-10 years @ \$15.00 per year|
|.net.nz||1 years @ \$22.00 per year|
|.org.nz||1 years @ \$22.00 per year|
|.cn||1-10 years @ \$44.50 per year|
|.com.cn||1-10 years @ \$44.50 per year|
|.net.cn||1-10 years @ \$44.50 per year|
|.org.cn||1-10 years @ \$44.50 per year|
|.tw||1-10 years @ \$25.00 per year|
|.com.tw||1-10 years @ \$25.00 per year|
|.org.tw||1-10 years @ \$25.00 per year|
|.idv.tw||1-10 years @ \$25.00 per year|
Domain Renewals - Domain names are valid for the period of their registration (domain names can be registered for up to 10 years, depending on the domain name's TLD extension). After the expiration of a domain name several stages follow regarding its renewal.
We strongly recommend that Customers renew their domain registrations before their domain names are placed into redemption period. After a domain name transits in redemption period, we are not able to prevent its zone files from being removed from the DNS system, and any web site and associated services will cease working.
We can assist Customers in retrieving their domain names only if the domain names were registered with us. Customers will be charged a REDEMPTION FEE of $270.00 USD for each domain registration renewal. If the domain name was registered with another registrar, the Customer needs to contact that registrar for more information regarding its retrieving.
CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS
In order to cancel a Dedicated server account, the Customer must send a support ticket to the Provider's Sales Department via his/her Dedicated management account and provide any authentication credentials requested by the Provider. Any other form of cancellation request will not be accepted.
Dedicated server hosting accounts - The Dedicated server accounts are set up on a monthly prepay basis. Customers may cancel their accounts at any time, however they will not be entitled to a refund for the unused period of the prepaid month, since these services do NOT include Money Back Guarantee. Any incentives offered to the Customers upon sign-up will be also canceled.
Domain Name Registrations/Transfers - Domain name registrations/transfers are also treated as non-refundable services and cannot be canceled or refunded after activated upon Customer request. The domain name owner will have access to a domain management account, and will be able to transfer the domain name to another registrar.
Chargebacks are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed with the Provider will be subject to full investigation.
When signing up for a Dedicated server hosting account with the Provider, the Customer agrees to the terms and conditions explicated in this document (and its coherent policies). Thus, the Provider, as well as the Provider's authorized retailers (PayPal, WorldPay, 2CheckOut), will resort to these documents as an evidence for the Customer's agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.
If/When a chargeback report is received, the first step of the Provider's Customer Care team will be to try to contact the Customer. Meanwhile, the Customer's Dedicated server account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.
If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with the authorized retailers and eventually the Dedicated server account will be re-activated.
If the Customer has sent a chargeback request based on groundless argumentations (according to the Provider's own judgment and these Dedicated Terms of Service), then a dispute will be started with the authorized retailers in which the Dedicated Terms of Service and the AUP of the Provider will serve as evidence of the Customer's agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or the Provider has the right to a reverse payment.
In case that the chargeback originates from a fraudulent user (end-client) and no reverse payment procedure can be activated, then the respective Dedicated server account will remain suspended and a $30 USD fee will be withdrawn from the commission of the reseller (the client of our Free Reseller Hosting Program) whose client's account (the end-client) has been the reason for the chargeback (in order to be covered the fees imposed to the Provider from our authorized retailers for the claimed unauthorized transaction).
HOSTING RESELLER TOOLS
A collection of free reseller tools : a free billing software (ClientExec) and a free domain reseller account is available with each Dedicated Server hosting package. All bonuses are given per customer's request.
CUSTOMER RESPONSIBILITIES; ACCOUNT REGISTRATION AND MANAGEMENT
In consideration of their use of the Service, Customers agree to:
The client is also obliged not to terminate the SNMP service activated by the provider to keep track of the used IPs on the server. Upon a termination of the SNMP service -the provider will inform the client and the client will have to reactivate the service in 48 hours. If the client does not cooperate - the provider can suspend the client's access to the server at his own discretion.
NO UNLAWFUL OR PROHIBITED USE
The Provider expressly bans the use of any Dedicated server hardware or software for trying to illegally access another hosted machine or network. Customers may not attempt to gain unauthorized access to any of the Provider's Services, other accounts, computer systems or networks connected to any of the Provider's Services, through hacking, password mining or other means of close nature. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by the Provider's Services. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact any of our Customer Care representatives.
Server content MUST comply with the parameters stated in this TOS and our Acceptable Use Policy. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of the Provider's Services are used for the illegal purpose of SPAM or UCE, they will be instantly terminated. Customers are solely responsible for the content of their messages. Using the Provider's Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited. In this light, the Provider expressly forbids any breach of Federal, State or Local regulation, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The Provider's Dedicated servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the Provider's Dedicated Terms of Service (this document) and the Acceptable Use Policy (AUP).
As a condition for Customer use of the Provider's Services, you - the Customer, agree that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and our Acceptable Use Policy (AUP). The Provider's Dedicated servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted. The Provider reserves the right at any time to disclose any information, as the Provider deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove from the Services any information or materials, in whole or in part, in the sole discretion of the Provider.
E-COMMERCE CUSTOMER WEBSITES
When buying a Dedicated server for the purpose of creating an e-commerce online store or related e-commerce activities website, the Customer agrees to be fully responsible for the development, operation and maintenance of his/her web site/ online store and e-commerce activities within that website. The Customer is the only one in charge of approving, processing and filling client orders and taking care of client requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any clients' data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer is in charge of all products and services, as well as all contents and materials appearing online, including:
Each Customer guarantees to the Provider that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to the Provider that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Each Customer empowers the Provider to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. The Provider is granted the right to estimate, at its own discretion, the extent to which these operations may be carried out.
REFUSAL OF SERVICE
The Provider will thoroughly scrutinize all received orders and decide, to its own discretion, which of them do not comply with the officially stated requirements for use of the Provider's Dedicated servers. The Provider reserves the right to refuse Service to unlawful parties.
The Provider reserves the right to discontinue the Service provision to any subscriber that the Provider deems, at its sole discretion, has violated any condition of the Service explicated in this Terms of Service and/or the Acceptable Use Policy.
Notices, including notices concerning breach of this Agreement will be sent either to the e-mail address provided by the Customer at sign up, OR mailed by first class mail to the postal address that the Customer has on file with the Provider. In both cases, delivery shall be deemed to have been made five (5) days after the notice has been sent. Notices from the Customer to the Provider should be sent to the address provided on the Provider's website.
The Provider guarantees highest level of Customer Care service round the clock. If you feel dissatisfied with any aspect of the Service, feel free to make use of our complaints procedure detailed below.
In order to file a complaint, please send us an email to firstname.lastname@example.org, specifying the nature of the problem you are experiencing. Please, provide as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.
Here are our steps of addressing every single complaint:
Any way of indecent treatment towards a Provider's Customer Care employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with the Provider's employees regarding any request for help or consultation via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior - oral, written, or delivered by a second party - to members of the Provider's Customer Care stuff will be interpreted as a breach of this TOS. The Provider reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions.
CUSTOMER CARE SERVICE
Due to the specificity of the Service, Customers are fully in charge of the management and maintenance of their Dedicated servers. However, if they need assistance or want to leave this task to our highly-qualified administrators department, they can avail of our Fully Managed Support (http://www.resellerspanel.com/dedicated_servers/virtual_private_servers/fully_managed_support.html) service available at a monthly fee of $30 USD. Additional software installation and troubleshooting, which are not included in the Managed Support Package will cost $60 USD.
Pre-sale and general questions
Customers may use any of the support options listed below:
This Agreement shall be governed by and construed in accordance with the laws of England.
Any controversy or claim arising out of or relating to this Agreement, or any breach of this Agreement, in excess of $250.00 USD will be settled in accordance with the commercial arbitration rules of the American Arbitration Association.
Failure to enforce any of the provisions of this Agreement shall in no way be considered to be a waiver of these provisions, or to affect in any way the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
The Customer agrees to indemnify the Provider, its management body and employees (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, court actions, proceedings or judgments (collectively, "Losses") to which the Indemnified Party may become subject, and out of which Losses arise or relate to this Agreement or the Customer's use of the Services. The Customer agrees to reimburse the Indemnified Party for all legal and other expenses, including any attorney fees paid by the Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which the Indemnified Party is a party.
LIMITATION ON PROVIDER'S LIABILITY
Force Majeure Circumstances - the Provider shall not be liable for any failure in the provision of the Services to the Customer resulting, directly or indirectly, from any (i) weather conditions and natural disasters, (ii) actions of any governmental or military authority, (iii) failure caused by telecommunications or Internet provider, or (iv)other force or occurrence beyond its control.
Damages & Losses - the Provider shall not be liable for (i) any indirect, incidental, special or consequential damages, OR for any loss of profits or loss of revenues resulting from the use of the Provider's Services by the Customer or any third parties, or (ii) any loss of data resulting from delays, non-deliveries or service interruptions.
Service Provision - the Provider provides the Services on an “AS IS” basis, without any warranties, including but not limited to, implied warranties, merchantability, or fitness of the Services for any particular purpose. The Customer shall be solely responsible for the selection, use and suitability of the Services, and the Provider shall have no liability therefore.
Customers do not have the right to assign this Agreement without the explicit permission of the Provider. This Agreement shall be in force and effect to the total benefit of the Customer and the Provider and their successors and permitted assigns.
The Provider reserves the right to revise this document at any time, without prior notice. Customers are encouraged therefore to periodically review these Dedicated Terms of Service and the Acceptable Use Policy.