This is an Agreement between You – the Reseller of our Services, and Info Data Center Ltd. This Agreement explicates the terms and conditions that You – the Reseller – agree to abide by when signing up for a reseller hosting account with our company, as well as the responsibilities included in our business partnership and the basis upon which all transactions between You and Info Data Center Ltd. will take place. You – the Reseller – also agree to be bound by the terms and conditions of this Agreement for any transaction made by another person using your Reseller account, whether or not the transaction was made on your Reseller behalf.
The Effective Date of this agreement shall be considered to be the date on which You – the Reseller – completed the sign-up process of Info Data Center’s reseller hosting program.
Whereas, Info Data Center Ltd. is a fully-operational Internet web hosting and domain registration company; and whereas, the Reseller desires to purchase web hosting and/or domain name registration services, as well as any other services or products that may be available from Info Data Center Ltd., for the purpose of reselling these Services to the Reseller’s customers;
Therefore, Info Data Center Ltd. and the Reseller agree as follows:
1. Info Data Center Ltd SERVICES – Info Data Center Ltd. grants the Reseller a non-exclusive, non-transferable license to resell its Services worldwide. The Services are subject to Info Data Center’s Web Hosting Terms of Service. These Web Hosting Terms of Service are an integral part of the Reseller Agreement.
2. SERVICE BRANDING & MARKETING RIGHTS – Info Data Center Ltd. authorizes the Reseller to brand the Services along with the Reseller’s PRIVATE BRAND name and logo.
Marketing Rights – Info Data Center Ltd. also gives the Reseller the right to build his/her own marketing strategies and market his/her products and services according to his/her own individually conceived marketing concept and preferences. The Reseller may use any marketing approaches and means of popularizing the Services (forums, blogs, social networks, personal or business websites, printed media, etc.), as long as those do not include any publications contradicting to the common online ethics and allowed online activities, and do not constitute an infringement of any copyrights, or other rights of third parties, or a violation of any applicable law and/or terms or agreements explicated in this document and its coherent policies.
3. SERVICE PRICING – The Reseller acknowledges that all prices, discount rates and transaction fees of the Service are subject to change. The Reseller configures the prices of their service from his/her own billing software.
4. SERVICE PAYMENT – The Reseller charges each customer purchasing a service through his/her website.
Fraudulent Transactions – The Reseller agrees to hold Info Data Center Ltd. unharmed and to indemnify Info Data Center Ltd. for transactions processed by Info Data Center Ltd. on behalf of the Reseller that are fraudulent in nature. Such fraudulent transactions can result from, but are not limited to: misrepresentations during the web hosting and domain registration process, or the use of stolen or misappropriated credit cards.
5. MONEYBACK
Money Back Guarantee – If a Reseller decides to cancel his/her account, for any reason, within 30 days of the payment date of the account, he/she is entitled to a full refund of the amount charged for his/her reseller hosting plan service. All domain registration/transfer services, however, are final, do not include money back guarantee.
6. TECHNICAL SUPPORT – Info Data Center Ltd. will provide technical support ONLY to the Reseller and NOT to his/her customers via any of the following support channels: e-mail, live chat, ticketing system or phone. The Reseller may choose also to provide support to their customers themselves.
7. NOTICES – The Reseller agrees that all notices (except for notices concerning breach of this Agreement) from Info Data Center Ltd. to the Reseller may be posted on our web sites. Notices concerning breach of this Agreement will be sent either to the e-mail address that the Reseller has provided in his reseller profile. Notices from the Reseller to Info Data Center Ltd. should be made by e-mail sent to the address provided on our web site.
8. PRIVACY – The Reseller agrees to abide by the Privacy Policy of Info Data Center Ltd.
9. RESTRICTION / REFUSAL OF SERVICE – The Reseller agrees that Info Data Center Ltd., in its sole discretion and without liability to the Reseller, may terminate this Agreement if the Reseller is found to be using Info Data Center Ltd.’s Services in association with unsolicited commercial e-mail (SPAM) or morally objectionable activities. Morally objectionable activities may include, but are not be limited to: activities that are in nature defamatory, embarrassing, harmful, abusing, threatening, slanderous or harassing third parties; activities prohibited by any applicable law of the United States and/or foreign territories in which the Reseller conducts business; activities designed to encourage unlawful behavior of others, such as hate crime, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event that Info Data Center Ltd. terminates this Agreement for SPAM or any morally objectionable activity described in this document and/or our AUP, no refund payment will be issued to the Reseller and/or his customer(s).
10. NO SOLICITATION – The Reseller agrees that he/she will NOT approach Info Data Center’s employees with proposals to hire them as his/her own employees or contractors. If the Reseller were to hire any of Info Data Center’s employees, the Reseller agrees to pay Info Data Center Ltd. – for each employee hired – the greater amount of a three years salary that the Reseller is to pay that employee or $100 000 USD.
11. LIMITED LIABILITY – Info Data Center Ltd. shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Reseller Agreement, the Domain Name Registration Agreement, and/or any services and products that the Reseller may choose to resell, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if Info Data Center Ltd. has been notified of the possibility of any claims. Info Data Center’s liability is limited to the extent permitted by law in states that do not allow the exclusion or limitation of liability for consequential or incidental damages. In no event shall Info Data Center’s maximum liability exceed the total amount paid by the Reseller for the Service or the product.
12. MODIFICATION – This Agreement and its coherent policies (the Web Hosting Terms of Services and the Domain Name Registration Agreement) are subject to change. Info Data Center Ltd. reserves its right to modify these policies upon need without prior notice. All such changes will be announced on our website. Therefore, resellers are encouraged to periodically review these Terms and Agreements, as well as our news postings, in order to have always up-to-date and applicable policy information.
13. TERMINATION – The Reseller may terminate this Agreement and his/her reseller account at any point. However, if the Reseller has active customer accounts signed up through his/her reseller store(s), the Reseller needs to send a notice to Info Data Center Ltd. 30 days prior to the termination date of his/her account, either by sending a ticket from his/her Control Panel or by sending e-mail to support@infodatacenter.com. This is requested in order for Info Data Center Ltd. to have the opportunity to transfer all active customer accounts of the Reseller (all the Reseller’s customers default in such cases to Info Data Center Ltd.) and ensure that the customers’ websites (domains), FTP, private DNS and e-mail services will not suffer an unexpected downtime.
14. ASSIGNMENT – The Reseller may not assign its rights or duties under this Agreement to another individual or entity without the expressed written consent of Info Data Center Ltd., which will not be unreasonably withheld. Info Data Center Ltd. may assign its rights and obligations under this Agreement without prior notice, as long as the Service continues to operate as outlined in this Agreement.
15. SEVERABILITY – The provisions of this Agreement are severable. If any part of the Agreement is found to be unenforceable, invalid, or void, then that part will be interpreted in accordance with the applicable law as closely as possible in line with the original intention of both parties of the Agreement. The remaining provisions of the Agreement will remain in full force and effect.
16. ENTIRETY – This document and its coherent policies (Info Data Center Ltd.’s Web Hosting Terms of Service and Domain Name Registration Agreement) constitute the entire agreement and contract between the parties mentioned herein (Info Data Center Ltd. and the Reseller of our Services), and supersedes any and all prior and contemporaneous, oral, or written representations, communication, understandings, and agreements between these parties with respect to the subject matter reviewed herein.
