Use of the UpReseller‘s service constitutes acceptance and agreement to our Terms of Service (TOS). All provisions detailed in this contract are subject to the provided Terms of Service (TOS). We reserve the right to make changes to the provided Terms of Service (TOS) as needed, without notice to our clients. Changes made to our TOS does not constitute early contract termination or non-payment.

General

UpReseller will make sure to assist their clients as much as possible with the hosting service they rent. Regarding the technical complicity and difference from the internet, UpReseller will not be held responsible for interruptions or delays and the eventual impossibility for the user of an account, to gain access to the hosting service(s) due to saturation of the different networks or due to any other problem that might occur, where UpReseller or the user can be confronted with. The client can never hold UpReseller responsible for an interruption of the service for planned maintenance, emergency maintenance of the network and supremacy or an outage due to negligence of a third-party client, ddos attack and/or hack attempts.

Invoices and Due Dates

UpReseller generates and sends all invoices 7 days in advance of the due date. You have 7 days pay payments and fees. You are responsible to pay any payments and fees by due date.

All records of the Email Invoices, Reminders to Pay and Notice regarding suspension will be visible under the “My Emails” link in your Client Portal. This serves as a record that our system did in fact notify you of the notices.

  • 14 days before the due date: We generate and send all invoices.
  • 3 days before the due date: We send unpaid invoice reminder emails
  • 1 day after the due date: Suspension of your hosting account.
  • 5 days after the due date: The account/service is terminated and all data is removed from our servers.

We will not be responsible for any damages your business may suffer because of your failure to make payment. We make no warranties of any kind, expressed or implied, for the services we provide.

Content

All services provided by UpReseller may only be used for lawful purposes. The customer agrees to indemnify and hold harmless UpReseller from any claims resulting from the use of our services.

Examples of unacceptable material on all plans include:

  • Bank Debentures, Bank Debenture Trading Programs, Phishing Sites
  • IRC Bots, Proxy Scripts
  • Mail Bombers, Spam Scripts
  • UGG Replica
  • Botnet Controllers, Malicious Bots
  • Scam, Fraudulent Sites
  • IP Spoofing, Making DDoS attacks, Hacking
  • Virus, Trojan, Malware
  • Hyip, Money Laundering, Ponzi Scheme
  • Torrent flux/Bittornado
  • Rapidleech/Similar Type
  • Child Porn

Resource Usage

Users may not:

  • Use more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any bit torrent application, tracker, rapidleech and related, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities.
  • Run cron entries with intervals of less than 15 minutes.
  • You will not send bulk email whether opt-in or otherwise from our network.
  • 100 Emails per hour is default for any accounts.
  • Creat a free file hosting or share free hosting accounts. Trial accounts is allowed.

While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10/15/20/25% of the server resources and/or 10/15/20/25% of the server’s CPU.

Suspension/Termination

UpReseller reserves the right to cancel your account at any time with or without notice.

Your Service may be suspended / terminated by UpReseller under the following circumstances (non-exclusive list):

  • Failure to Pay Payments and Fees
  • Violation of the Terms of Service
  • Any issue that may affect negatively our customers or system resources

Any service violation will require a mandatory $10 Administrative Fee be paid in order to restore the account to active status. The Administrative Fee must be paid in order to retrieve a backup of the affected account.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Reseller/Reselling Responsibility

Reselling is allowed on our Reseller Hosting Packages. Subletting/Reselling of space is strictly prohibited on Shared and Business Hosting Packages. Shared and Business Hosting Accounts that sublet/resell their web space/domains/sub-domains will be subject to immediate suspension or termination.

Resellers are responsible for providing all support to their clients directly while UpReseller will provide support directly to you. If a reseller’s client contacts us, UpReseller reserves the right to place the client account on hold until the reseller can assume their responsibility for their clients. All support requests must be made by the reseller on their client’s behalf for security purpose. Resellers are also responsible for the conduct of their clients and by agreeing with this TOS/AUP, agree that their clients will adhere to the AUP/TOS. Resellers should make their perspective clients aware of the TOS/AUP and the consequences for violation. UpReseller will hold the reseller responsible for any of their clients actions that violate the law or the TOS/AUP.

The offering of “free hosting” services through our Reseller Hosting is prohibited and will be cause for termination.

SPAM and Unsolicited Commercial Email (UCE)

You agree and understand that spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your Account for immediate deactivation with no refund.

You agree and understand that we have set a limit of 250 outgoing emails per hour on shared, reseller and semi-dedicated hosting services, 500 outgoing emails per hour on Virtual Private Servers, 3000 outgoing emails per hour on Dedicated servers to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

Account Activation

All our Shared/Reseller/Semi-Dedicated/Virtual Private Server Services can be online instant after the first payment is received. But due to some technical reasons, we need to check and verify order through MaxMind to ensure all orders are not fraud.

Maintenance

UpReseller may, at its own discretion, temporarily suspend all service for the purpose of repair, maintenance or improvement of any of its systems, or whatever it deems necessary. However, UpReseller shall provide prior notice where it is reasonably practicable under the circumstances, determined by UpReseller, and shall restore service as soon as is reasonably practicable, determined by UpReseller. Customer shall not be entitled to any setoff, discount, refund or other credit, in case of any service outage which is beyond UpReseller control or which is reasonable in duration. (Reasonable) is to be determined by UpReseller.

Prices

UpReseller has the permission to change our prices at any time. These adjustments will be announced to the customer at least 2 weeks in advance. The customer is free to cancel the agreement if not agreed with the new prices, on the date that the new prices are valid.

Delivery time

Activation of a server will be done as fast as possible, after the payment is received, or after a later agreed day. If we cannot activate a package before the agreed time period, we will inform the customer about this as soon as possible. In case of superior force from UpReseller, the term will be extended with the term of that superior force. Excessively exceeding delivery time, can be a valid reason to cancel the agreement made between UpReseller and the customer. With the request and registration of a domain name it can take a 24 hours before it is entirely processed. Registration and activation will be done as soon as the payment and necessary (request) forms are received.

Cancellation

To cancel account, the customer must login to their account, click on My Hosting Packages, click the service you wish to cancel, and click “Request Cancellation“. Cancellation by any other means will not be an acceptable form of a cancellation request.

Money Back Guarantee

Hosting services carry an unconditional 30 day satisfaction guarantee. It applies to first order, first invoice or new customer. Each customer has one time to request money back. To cancel your hosting services and receive a refund, you must contact us within 7 days from the Effective Date of the particular Services you wish to cancel. Only your monthly fees are refundable. Set up, domain name registration, SSL Certificate, and other one-time fees are not refundable. Paypal payments will be refunded on-line and other payment methods are not refundable.

Violations of the Terms of Service will waive any refund.

If you ask for refund after we transfered all your sites to our server, we will charge $1 per domain name (applies to hosting accounts) and $1.50 per each cpanel hosting account (applies to reseller accounts).

We never refund for money into your wallet regarding with your billing account.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by UpReseller or our network providers will not count towards the uptime guarantee. Any server overload or sever load spikes related to MySQL access on peak time Means no server downtime and will be resolved within a few minutes by our technical staff. UpReseller is not liable in any way for failure of third party services.

Backups

UpReseller performs nightly backups of shared and reseller servers; however, these backups are for UpReseller‘s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. UpReseller does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on UpReseller‘s part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.

We have a right to suspend or terminate an account which is not follow our Terms of Service. A customer should be receive a notice about this action.