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Terms of Service
Last Revision 30th July 2013 This web hosting agreement is between Reseller19, and the person (individual or legal person) who agrees to our terms of use when signing up for our service. This agreement governs customers use of Reseller19's web hosting service. Please read this agreement carefully. By agreeing to our terms of service and acceptable use policy on the account signup form, signing up, communicating with us, paying for and/or using our services, you are agreeing to be bound by the conditions and terms of this agreement, our privacy policy, and our acceptable use policy. The terms we, us or our shall refer to Reseller19, storage or presentation of any information, data or material in violation of any Canadian or American federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Reseller19 from any claims resulting from the use of service which damages the subscriber or party. 1. Prohibited Usage Prohibited are sites that promote any illegal activity or present content that may be damaging to Reseller19 servers, or any other server on the Internet. Links to such materials are also prohibited. Examples of strictly prohibited / unacceptable practices or content (but not limited to): Pirated Software Hacker programs or linking to them (You WILL be reported to authorities) Warez websites, Warez, Links to warez, or other warez websites Drug Dealing Gambling ANY form of spamming activity (e.g. mail spam, Usenet spam, pop-up spam, selling/buying spamware, email software, etc.) IRC Software, Bit Torrent Software, Proxy software, and automated bots. Large streaming, downloading, or uploading websites Stalking or violating state or federal law. Schemes to defraud, sending a message or having content that is indecent according to American and Canadian laws with intent to annoy, abuse, threaten, or harass another person

Reseller19 does not physically monitor content, our clients and sub clients content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. LEGAL adult content is allowed on our servers.

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Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified. If you are found intentionally spamming on our servers and our IP gets blacklisted on ANY popular DNSBL lists you can face up to $500 in charges. This is for spammers who knowingly are sending spam on our servers. This does not apply to the everyday consumers and businesses, unless one has been warned for spam. You are allowed to send no more than 1000 emails per day or you will be considered a spammer and can face suspension or termination of services. 2. Account Setup Although all services are setup automatically, we will review any account following a new sign up of our services to ensure the account is not fraudulent. If your account is found suspicious we will follow the necessary steps to verify your identity. In high risk transactions, it will be necessary to provide government issued identification. If you fail to meet these requirements, the order may be considered fraudulent in nature and be terminated with a 100% refund. It is your responsibility to ensure the email address on file is current or up to date at all times so we can get ahold of you, the primary email address on file will be used for this purpose. Providing false contact information of any kind may result in the termination of your account. 3. Contact Information It is your responsibility to ensure the email address, and all contact information on file is current and up to date at all times so we can get ahold of you, the primary email address on file will be used for this purpose. We also strongly encourage you to use a different email other than your personal domains web mail. If your account is ever suspended you will not be able to access web mail, so we would have no other way to get ahold of you. Providing false contact information of any kind may result in the termination of your account. 4. Payment Information You agree to supply appropriate payment for the services received from Reseller19, in advance of the time period during which such services are provided. You agree that until and unless you notify Reseller19 of your desire to cancel any or all services received, those services will be billed on a recurring basis. As a client of Reseller19, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 10% late fee and/or an account suspension until account balance has been paid in full. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact

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our Billing Team. Reseller19 reserves the right to change the monthly payment amount and any other charges at any time, and provide a 1 month notice before doing so. 5. Cancellations Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, Reseller19 reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP. 6. Bandwidth Usage You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. Sometimes we will let small overages slide, but we encourage you to upgrade your plan if this happens. 7. Reseller Client Responsibility Resellers are responsible for supporting their clients. Reseller19 does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Reseller19 will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. 8. Moneyback Guarantee If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Department. Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. Reseller19 reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.

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9. Uptime Guarantee Reseller19 strives to maintain a 99.9% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Reseller19 monitoring systems or Reseller19 authorized/contracted outside monitoring services. If Reseller19 fails to meet its 99.9% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Reseller19 does not credit a full month's service for minor downtime. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Reseller19 may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one mo nths service only, never more. Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Reseller19 network caused by or associated with: Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc.), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement. Telco Failure (i.e. Verizon cutting a fiber line somewhere) Backbone peering point issues (i.e. UUNet having a router go down in Virginia that wipes out internet service for the entire East Coast) Scheduled maintenance for hardware/software upgrades (You will be notified beforehand) Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Reseller19 utilizes only name brand hardware of the highest quality and performance. Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime) DNS issues not within the direct control of Reseller19 Network floods, hacks, attacks from outside parties or individuals Failure or error of any Reseller19 monitoring or measurement system Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of Reseller19 service(s) in breach of Reseller19 Policy and Service Guidelines (AUP), by Client or others authorized by Client.

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10. Server Resources Applies to shared / reseller (and all client accounts of said reseller) hosting plans only. Running programs in the background on a Reseller19s server without prior written authorization, or running chat rooms, Internet Relay Chat (IRC) or IRC Bots, more than 1000 emails a day and the like are not acceptable uses of Reseller19s servers. Further, any usage of fifteen percent (15%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds fifteen percent (15%) of system resources, your account may be suspended or furthermore terminated immediately and without prior notice. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. Reseller19s services may be used for lawful purposes only. 11. Indemnification Customer agrees that it shall defend, indemnify, save and hold Reseller19 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Reseller19, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Reseller19 against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Reseller19; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Reseller19s server. 12. Right To Refusal Without Cause Reseller19 may refuse to accept any customer or any website for participation in the Reseller19 network as determined by Reseller19 at its sole discretion. 13. Disclosure To Law Enforcement Reseller19 may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies. 14. Disclaimer Reseller19 will not be responsible for any damages your business may suffer. Reseller19 makes no warranties of any kind, expressed or implied for services we provide. Reseller19 disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Reseller19 and its employees.

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15. Copyright Policy All content on this website is Copyright Reseller19 and may not be reproduced without express written consent. All logos, trademarks and/or service marks are the property of Reseller19 .