Terms of Service - Free Reseller Hosting | Private Label

Reseller Terms of Service

The services provided by www.ResellerCluster.com [hereafter referred to as "ResellerCluster"] and its owner AttractSoft GMBH & ZETTA HOSTING SOLUTIONS ltd. and YOU [hereafter referred to as "Reseller"] constitutes agreement to the terms below.

The Reseller Terms of Service shall take place upon signing up by the individual Reseller for the service [hereafter referred to as "Service"] provided by ResellerCluster.

Web Hosting Services

ResellerCluster gives non-exclusive, non-transferable, non-sub-licensable rights to the Reseller to resell Web Hosting Service on the World Wide Web subject to the Web Hosting Terms of Services.

Service, Prices, Charges, Commission Payments and Moneyback
1. ResellerCluster provides its Service to the Reseller as it is.
2. The Reseller agrees that all the prices of the Service provided by ResellerCluster might change without notice.
3. The Reseller authorizes ResellerCluster and its vendors to charge the clients of the Reseller the respective amount for Web Hosting Services offered on the Reseller's web site as specified and set inside the Reseller's account with Reseller.
  Fraudulent Payments - The Reseller agrees to make the best possible efforts and always hold ResellerCluster unimpaired for and against transactions processed by ResellerCluster on the Reseller's behalf that are or might be fraudulent and notify ResellerCluster by sending an email to support[at]supportindeed.com. Fraudulent payments might be, but not limited to, receiving web hosting and/or domain registration Service by the use of stolen credit cards or any other stolen payment details, i.e. PayPal account.
4. The commissions of the Reseller are issued and paid on net-60 basis, between 20-30th day of the month [for instance commission for August will be paid between 20-30th of October]. If the selected payment method by the Reseller is bank wire transfer, the Reseller agrees that 30 USD will be deducted from the commission to cover the bank transfer fees of ResellerCluster. The commission is issued and paid if the current commission release level specified by the Reseller is reached - the minimum release level is 100 USD.
5. In case of a charge-back or a 30-day money-back guarantee ResellerCluster reserves the right to collect the respective amount from the Reseller's next monthly commission payment.
  In case a client of the Reseller enforces a 30-days money-back guarantee in accordance with the Web Hosting Terms of Services, the client is a subject to a non-refundable domain name registration and thus should pay the amount of 19.95 USD for the domain name registration before a refund is issued as agreed in Web Hosting Terms of Services.
6. The Reseller agrees that in case of wrong payment method details, such as incorrect bank details, any charges by the sender's, corresponding and/or recipient's bank will be accordingly deducted from the the accumulated commission amount.
7. Domain registration service is available inside the Reseller Control Panel (RCP) to help the Reseller make its hosting stores unique. Upon registering a domain name, the Reseller agrees that the domains registered may only be used for the purpose of reselling ResellerCluster's hosting services. This means that domain cannot be transferred to another provider or used for anything else except reselling ResellerCluster's services.

Add-on Services

This part of the Reseller Terms of Service regulates any additional services that the Reseller may purchase and use as part of service provided by ResellerCluster.
1. Private DNS Cluster is an additional feature for the Reseller that helps brand its web site and web hosting services. Three different Private DNS Cluster packages are available: DNS Server, DNS Server Plus, DNS Server Pro.
  1. DNS Server - This is the smallest Private DNS Cluster package offered at the price of 20 USD/year. It offers:
    - custom DNS of the following kind - ns1.your-hosting-site.com, ns2.your-hosting-site.com.
    Note: The package is available with any TLD registration/transfer. The Reseller's domain can be transfered to another registrar only if the domain name was not initially registered with ResellerCluster.
  2. DNS Server Plus - This is the middle Private DNS Cluster package offered at the price of 40 USD/year. It offers:
    - custom DNS of the following kind - ns1.your-hosting-site.com, ns2.your-hosting-site.com;
    - Hosting Control Panel URL masking for the Reseller's clients of the following kind - cp.your-hosting-site.com, domains.your-hosting-site.com;
    - enabled SMTP - ability to send emails using the Reseller's store domain.
    Note: The package is available with any TLD registration/transfer. The Reseller's domain can be transfered to another registrar only if the domain name was not initially registered with ResellerCluster.
  3. DNS Server Pro - This is the biggest Private DNS Cluster package offered at the price of 60 USD/year. It offers:
    - custom DNS of the following kind - ns1.your-hosting-site.com, ns2.your-hosting-site.com;
    - Hosting Control Panel URL masking for the Reseller's clients of the following kind - cp.your-hosting-site.com, domains.your-hosting-site.com;
    - enabled SMTP - ability to send emails using the Reseller's ordered domain;
    - free subdomains of the Reseller's domain to its clients;
    - FREE registration of the Reseller's store domain.
    Note: The package is available only when a domain name is registered for free within the package. The registered domain name cannot be transfered away and remains property of ResellerCluster if the Reseller quits the Service.
  All purchased DNS Cluster packages are NON-REFUNDABLE and have no money-back guarantee.
2. Wallet is an additional feature for the Reseller that helps with the purchase of hosting services at wholesale prices with money deposited initially into the its wallet. There are different recharge amounts that can be ordered via the Reseller Control Panel and each of them is accompanied by a bonus (additional amount of money to spend) from ResellerCluster. The wallet can be helpful in different cases, but not limited to:
  - the customer is willing to pay in cash directly to the Reseller;
  - the customer does not have a credit card to pay online, but can transfer the money directly to the Reseller via other payment method (i.e. local payment method that is not supported by ResellerCluster);
  - the Reseller wants to buy hosting services with using its commission (the accumulated commissions are transferred into the wallet of the Reseller and the Reseller can purchase services through the Reseller Control Panel);
  Transferring a reseller commission into the wallet is possible, but withdrawing some deposited amount from the wallet as a reseller commission is not allowed! All orders paid with the wallet balance are entitled to a money-back guarantee, as if the customer has paid for them via the standard order forms or payment methods. Please refer to the Refund Policy or the corresponding service agreement provided for the customers.
  
  Note: Wallet deposits are final! No refunds will be issued for wallet deposits.

Reseller Affiliate Program, Affiliates and Affiliate Commissions Policy

The ResellerCluster program allows the Reseller to promote the Reseller's sites using ResellerCluster's built-in affiliate program.
The affiliate program is considered a tracking system that the Reseller can use to increase the volume of customers to its site via third party sites called affiliates. The affiliates of the Reseller's site are paid "affiliate commission" on every referred shared hosting plan or VPS order.

Affiliate commissions are governed by the following rules:
- Percentage of the sale - This is the default affiliate commission payment rule and constitutes a certain percentage of the value of the referred order.
- Fixed amount per sale - This is an affiliate commission payment rule, available for featured resellers and constitutes a fixed amount of commission paid to the affiliate per every referred order, regardless of the value of the order. This rule can be obtained only by established resellers after negotiation with ResellerCluster.
To negotiate better commission levels for the Reseller's affiliates, please contact ResellerCluster at affiliates[at]supportindeed.com.

The Reseller's affiliate Program is intended solely for promotional and marketing purposes, it should allow the Reseller to gain better market exposure of its sites and therefore participating in the Reseller Affiliate Program the Reseller agrees:
- to forgo the Reseller's commission in favor of paying the commissions of its affiliates;
- to receive commission in the event of renewal orders or any orders for any additional products purchased by the customer referred via the affiliate program;
- that ResellerCluster will handle all technical and customer support, billing, server maintenance and will cover all service operational costs, as well as the affiliate commission costs on behalf of the Reseller.
Note: The Reseller is prohibited of becoming an affiliate of his own stores! If such attempts are discovered by ResellerCluster the Reseller and affiliate accounts will be terminated immediately, resulting in voidance of all commissions accumulated to the moment of termination.

Discounts and Promotions

The Reseller agrees with the following terms for promotional purchases on its stores:
1. Promotions, discounts and coupon codes are limited to 1 (one) time per customer.
2. The Services provided by ResellerCluster are not available to the residents and nationals of the following countries: Afghanistan, Algeria, Cambodia, Ghana, Lao People's Democratic Republic, Iran, Iraq, Kenya, Malawi, Malaysia, Maldives, Mongolia, Morocco, Oman, Pakistan, Palestinian Territories, Syria, Taiwan, Togo, Uganda, Vietnam.
3. Promotions, discounts and coupon codes are not available to the residents and nationals of the following countries: Bangladesh, Brazil, Cameroon, China, Egypt, France, Hong Kong, India, Indonesia, Nepal, Nigeria, Philippines, Singapore, Sri Lanka, Thailand, Zimbabwe.
ResellerCluster reserves the right to update and change the promotional restrictions without obligation to notify the Reseller on such changes and updates.

Termination

The Reseller may terminate the Service with an electronic written notice through a trouble ticket or by sending an e-mail to support[at]supportindeed.com. ResellerCluster may terminate the Service if the Reseller violates these Terms Of Service. The Reseller agrees, that if the Service is terminated for any of the above reasons, its clients associated with the Service become property of ResellerCluster, as well as any due commissions below the release level.

Reseller Responsibilities, Restrictions, Denial of Service, Termination

The Reseller is solely responsible for the content of its web site pages editable via the Reseller Control Panel.

It is prohibited to use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).

In consideration of the Reseller's use of the Service, the Reseller agrees to:
1. Provide true, accurate, current and complete information as prompted by the Service's registration form.
2. Maintain and promptly inform ResellerCluster to update the registration data to keep it true, accurate, current and complete. If the Reseller provides any information that is untrue, inaccurate, not current or incomplete, or ResellerCluster has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ResellerCluster reserves the right to suspend or terminate the Reseller's account and refuse any and all current or future use of the Service (or any portion thereof).
3. The Reseller will receive a password and account designation upon completing the Service's registration and payment process. The Reseller is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under its password or account. The Reseller agrees to:
  - immediately notify ResellerCluster in case of any unauthorized use of the Reseller's password or account or any other breach of security;
  - ensure that the Reseller exits from the account at the end of each session;
  - refrain posting, disclosing, providing, selling or offering to sell the password and account provided by ResellerCluster to any third parties.
  ResellerCluster cannot and will not be held liable for any loss or damage arising from the Reseller's failure to comply with this.
4. Any Reseller in violation of system or network security and/or enormously overloading/over flooding the server's utilization is subject to criminal and civil liability, as well as immediate Reseller account termination.
5. The Reseller agrees not to publish on its web pages editable via the Reseller Control Panel any information, software or other content which violates or infringes upon the rights of others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
6. ResellerCluster does NOT allow Reseller's sites that provide any content, points of distribution, or links to sites that:
  - infringe third party's intellectual property or proprietary rights, or rights of publicity or privacy;
  - violate any law, statute, ordinance or regulation;
  - are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
  - contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of third party computer or property;
  - contain proxy, pirated or hacking/phreaking software (warez), torrent sites, links to torrent sites, any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
  - has any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
7. In case the Reseller uses a remote order form and has an entirely custom web site, the Reseller agrees to observe and comply with the requirements specified in clause 7.6. above.
8. The Reseller acknowledges and agrees that ResellerCluster might change this Reseller Terms of Services without notice and the Reseller is solely responsible to check for such changes, follow up and comply with them.
The Reseller agrees that ResellerCluster in its sole discretion and without liability to the Reseller, may terminate this agreement and the Reseller's account, if the Reseller is found to be using ResellerCluster's Services in association with questionable commercial activities or morally objectionable activities.

Questionable competing practices are NOT allowed. The Reseller may NOT resell third party web hosting services on stores with Private DNS cluster enabled on them! Therefore the Reseller agrees not to engage in the distribution, promotion, marketing or sale of any products or services that compete or conflict with the ResellerCluster's products or services. If the Reseller fails to comply with these policies without the exclusive written permission from ResellerCluster, ResellerCluster reserve the right to disable the Reseller's account at any time and void the accumulated commissions. ResellerCluster will take the appropriate measures to secure uninterrupted services of the Reseller's users and protect their accounts under its premises. If the Reseller account is disabled, the Reseller will not be eligible for further participation in the reseller program of ResellerCluster.

Privacy Policy

The Reseller agrees to observe the Privacy Policy of ResellerCluster in connection with any and all dealings with clients and clearly show this Privacy Policy on its site.

Technical Support Capabilities

ResellerCluster will supply Technical Support ONLY to the Reseller's paid clients using a third party domain.

Notices

All notices including breach of this Reseller Terms of Service will be sent to the email address provided by the Reseller in the Reseller Control Panel's Contact Details section. Notices from the Reseller to ResellerCluster should be sent through a Trouble Ticket or over e-mail to the following email address: support[at]supportindeed.com.

Delivery of the notice shall be deemed to have been made 3 days after the notice was sent. ResellerCluster shall not be liable for notice mis-delivery based on inaccurate e-mail address provided Reseller Control Panel's Contact Details section.

No Solicitation

The Reseller agrees NOT to offer any of ResellerCluster's employees to be hired as its own employees or business partners. In such case the Reseller has to pay the amount of 150,000 USD equal to three years salary for an individual employee to ResellerCluster.

Limited Liability

ResellerCluster shall not be held liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement, including but not limited to damages for lost profits, loss of use, loss of data, loss of privacy or damages to third parties, even if ResellerCluster has been advised of the possibility of such damages. The foregoing limitation of liability shall apply even if any claims arise based upon principles of contract, warranty, negligence or other breach of any statutory duty, principles of indemnity or contribution. ResellerCluster's liability is limited to the total amount paid by the Reseller for the service.

Modification

The entire Reseller Terms of Service and its associated texts are subject to changes. The Reseller agrees and fully understands that ResellerCluster shall not notify the Reseller explicitly for any changes and the Reseller is solely responsible to check for such changes, follow up and comply with them.

Assignment

The Reseller should not reassign its right or duties in relation to its account with ResellerCluster to any third parties without the explicit consent of ResellerCluster's representative in written notice. ResellerCluster reserves the right to reassign its duties based on these Reseller Terms of Service without notice in case the service continues to exist and operate as it was before a possible reassign of duties and obligations from ResellerCluster's side.

Severability

All rights and restrictions included in this agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary, so that they will not render this Reseller Terms of Service illegal, invalid or unenforceable. If any provision or portion thereof shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

Entire Agreement

The entire Reseller Terms of Service and its associated texts constitute the entire understanding and contract between the parties and supersedes all prior oral or written communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, possible understandings and agreements are hereby canceled to the extent they are not specifically merged herein. Neither party has been induced to enter into this Reseller Terms of Service by, nor is any party relying on, any representation, understanding, agreement, commitment or warranty outside those explicitly set forth in this agreement.

Violations

Please report any violations of the Reseller Terms of Service to abuse[at]supportindeed.com.