Reseller Terms of Service
This service provided by 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 [YOU] for the service provided at www.resellercluster.com [hereafter referred to as "Service"].
- 1. WEB HOSTING SERVICES - ResellerCluster gives non-exclusive, non-transferable, non-sub licensable rights to the Reseller [YOU] to resell Web Hosting Service on the World Wide Web subject to the Web Hosting Terms of Services here.
- 2. THE Service, PRICES, CHARGES, COMMISSION PAYMENTS AND MONEYBACK
- 2.1. ResellerCluster provides its Service to the Reseller as it is.
- 2.2. The Reseller agrees that all the prices of the Service provided by ResellerCluster might change without notice.
- 2.3. The Reseller authorizes ResellerCluster and the vendor name represented by to charge its clients the respective amount for the Web Hosting Services offered on the Reseller's web site as previously selected and set inside Reseller's account by the 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 Reseller's behalf that are or might be fraudulent and notify ResellerCluster about by sending an email to support@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 method i.e. PayPal account.
- 2.4. Reseller's commission are issued and paid on net-60 basis, between 10-15th day of the month [for instance commission for August will be paid between 10-15th of October]. Payment is reduced by $30 if payment method is bank wire transfer which the Reseller fully agrees to be collected from its commission. Commission is issued and paid if it is over $100.
- 2.5. In case of Chargeback or 30 Days Money Back Guarantee, ResellerCluster reserves the right to collect the respective amount(s) from the next Reseller's monthly commission payment.
- In case a Reseller's client enforces 30 Days Money Back Guarantee in accordance with Web Hosting Terms of Services he/she is a subject to non-refundable domain name registration and thus should pay the amount of $19.95 for the domain name registration before a refund is issued as agreed in Web Hosting Terms of Services.
- 2.6. Domain registration service is available inside the reseller control panel [RCP] to help resellers make their hosting stores unique. Upon registering a domain name, the Reseller agrees that the domains registered may only be used for the purpose of reselling our hosting services. This means that domain cannot be trasfered to another provider, or used for anything else except reselling our services.
- 3. ADD-ON Services - This part of the Reseller Terms of Service regulates any additional services that the Reseller [YOU] may purchase and use as part of service provided by www.resellercluster.com.
- 3.1. Private DNS Cluster is an additional feature for resellers' use to help brand their reseller web site and web hosting services. Three different Private DNS Cluster packages are available: DNS Server, DNS Server Plus, DNS Server Pro.
- DNS Server - This is the smallest Private DNS Cluster package offered at the price of $20/year. It offers:
-- custom DNS of the following kind ns1.your-hosting-site.com, ns2.your-hosting-site.com.
Important note: The package is available with any domain tld registration/transfer .com, .net, .org. Reseller domain can be transfered to another registrar only if the domain name was not registered initially with us.
- DNS Server Plus - This is the middle Private DNS Cluster package offered at the price $40/year. It offers:
-- custom DNS of the following kind ns1.your-hosting-site.com, ns2.your-hosting-site.com
-- 1 dedicated IP adress for protection of your primary DNS server
-- mask the URL of the Hosting and Domain Control Panel your clients will use of the following kind: cp.yourdomain.com and domains.yourdomain.com
-- SMTP on - ability to send emails using your domain
Important note: The package is available with any domain tld registration/transfer .com, .net, .org. Reseller domain can be transfered to another registrar only if the domain name was not registered initially with us.
- DNS Server Pro - This is the biggest Private DNS Cluster package offered at the price of $60/year. It offers:
-- custom DNS of the following kind ns1.your-hosting-site.com, ns2.your-hosting-site.com
-- 2 dedicated IP adresses for protection of your primary and seconday DNS server
-- mask the URL of the Hosting and Domain Control Panel your clients will use of the following kind: cp.yourdomain.com and domains.yourdomain.com
-- SMTP on - ability to send emails using your domain
-- offer free subdomains of your domain to your clients
-- FREE domain registration
Important note: The package is available only when a domain name is registered for free within the package. The domain name cannot be transfered away.
All purchased DNS Cluster packages are NON-REFUNDABLE and have no money-back guarantee.
- 3.1. Private DNS Cluster is an additional feature for resellers' use to help brand their reseller web site and web hosting services. Three different Private DNS Cluster packages are available: DNS Server, DNS Server Plus, DNS Server Pro.
- 4. RESELLERS AFFILIATE PROGRAM, AFFILIATES AND AFFILIATE COMMISSIONS POLICY
The ResellerCluster program allows each reseller to promote its reseller sites using our built-in affiliate program.
Affiliate program is considered a tracking system that resellers can use to drive customers to their reseller site via third party sites called affiliates. The affiliates of the reseller site are paid "affiliate commission" on every shared hosting or VPS order referred.
Commissions are governed by the following rules:
- 4.1. Percentage of the sale – This is the default affiliate commission payment rule and constitutes a certain percentage of the value of the referred order.
- 4.2. 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. The "Fixed amount per sale" commission rule can be obtained only by established resellers and only after negotiation with your affiliate manager.
If you would like to negotiate better commission levels for your affiliates, please contact us at affiliates@supportindeed.com.
The Resellers Affiliate Program is intended solely for promotional and marketing purposes, it should allow the resellers to gain more market exposure of their reseller sites and therefore participating in the Reseller Affiliate Program the Reseller agrees:
- - To forgo its reseller commission in favour of paying its affiliate commissions.
- - 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.
- - 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.
Important: The reseller is prohibited to become affiliate of his own stores! If such attempts are found the reseller and affiliate accounts will be terminated immediately, resulting voidance of all commissions collected to the moment of termination. - 5. TERMINATION - The Reseller [YOU] may terminate this Reseller Terms of Service with an electronic written notice [e-mail] to support@supportindeed.com. In addition the Reseller [YOU] agrees and understands that ResellerCluster, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service provided at www.resellercluster.com without prior or further notice i.e. in case a Reseller [YOU] violates this ToS. Reseller agrees, that if its account is terminated for any of the above reasons, Reseller's users/clients shall remain ResellerCluster's property and any due commissions below the release level of $100 will not be paid.
- 6. YOUR RESPONSIBILITIES; DENIAL OF SERVICE - You are solely responsible for the content of your Reseller's web site pages allowed by ResellerCluster to be customly edited via your Reseller's Control Panel.
Using the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
- 6.1. Provide true, accurate, current and complete information about yourself as prompted by the Service`s registration form.
- 6.2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide 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 has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- 6.3. You will receive a password and account designation upon completing the Service`s registration process and payment process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- immediately notify ResellerCluster of any unauthorized use of your password or account or any other breach of security;
- ensure that you exit from your 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 liable for any loss or damage arising from your failure to comply with this.
- 6.4. 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.
- 6.5. The reseller agrees not to publish on his Reseller's web pages allowed by ResellerCluster to be custom edited via your Reseller's Control Panel any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
- 6.6. ResellerCluster does NOT allow Reseller's sites that provide any content, points of distribution, or \`links\` to sites that:
- infringe on any 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, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another`s computer or property of another;
- contain Proxy, Pirated or Hacking / Phreaking Software (Warez) - 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; Torent sites or links to Torent sites;
- has Adult Sites (content) - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites;
- 6.7. In case the Reseller uses a remote order form and has his/her own entirely custom web site, the reseller agrees to observe and comply with the requirements specified in clause 4.6. above.
- 6.8. YOU acknowledge and agree that ResellerCluster might change this Reseller Terms of Services without notice and you are solely responsible to check for such changes, follow up and comply with them.
- 7. 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 Reseller's site.
- 8. TECHNICAL SUPPORT CAPABILITIES - ResellerCluster will supply Technical Support ONLY to the Reseller's paid clients using third party domain.
- 9. NOTICES - All notices including breach of this Reseller Terms of Service will be sent to the email address provided by the Reseller in its Reseller's account Contact Details section. Notices from the Reseller to ResellerCluster should be made to the following email address: support@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 misdelivery based on inaccurate email address provided in the Reseller's Account Details section.
- 10. NO SOLICITATION - The Reseller agrees that will NOT offer any of the ResellerCluster's employee(s) to be hired as its own employee(s) or business partner(s), if this happens the Reseller understands and agrees to pay the amount of $150 000 equal to three years salary for an individual employee.
- 11. LIMITED LIABILITY - RESELLERCLUSTER SHALL NOT BE 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, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY 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. FURTHER, RESELLERCLUSTER LIABILITY IS LIMITED TO THE TOTAL AMOUNT PAID BY THE RESELLER FOR THE SERVICE.
- 12. 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.
- 13. 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 represenatative in written notice. However ResellerCluster reserves the right to reassign his 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.
- 14. 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 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.
- 15. 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.
- 16. VIOLATIONS - Please report any violation of the Reseller Terms of Service to abuse [at] supportindeed.com.