Reseller Terms and Conditions

HostBpInc Reseller Terms and Conditions

Welcome to HostBpInc,

HostBpInc provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by HostBpInc from time to time without notice to you.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE (TOS)
This Service is provided to you (and/or your RESELLER) ("RESELLER") under the Terms and Conditions of this Terms of Service (TOS) and any operating rules or policies that may be published by HostBpInc. The TOS comprises the entire agreement between RESELLER and HostBpInc and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE ONLINE ORDER FORM PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE Terms and Conditions OF THE TOS.

2. SERVICE DESCRIPTION
HostBpInc provides Internet web hosting and associated services and maintains other equipment and software which is integrated with the Internet. These servers receive and transmit data and information in relationship to the Internet. RESELLER wishes to utilize the hardware and software resources of HostBpInc to establish an Internet web presence using HostBpInc's web hosting services and network.

3. RESELLER CONDUCT
RESELLER is solely responsible for the web site content hosting through the Service. RESELLER's use of the Service is subject to all applicable local, state, national and international laws and regulations.

RESELLER agrees:
(1) To comply with all Federal and State Laws.
(2) Not to use the Service for illegal purposes
(3) RESELLER is responsible to comply with the Country or State law where RESELLER is sending bulk emails to or conducting the business.
(4) Not to send bulk e-mails from HostBpInc's network or bounce e-mails to HostBpInc's network.
(5) Not to conduct any SCAM, Phishing, Child porn, Hatred, Racism, Politics, or illegal content.
(6) No sub-sites, no sub-leasing, no sharing under one hosting account.
(7) For Dedicated Server GOLD - Maximum of 10 web hosting sites under one server, No sub-sites, no sub-leasing, no sharing under one server account. RESELLER is responsible for installing his own Control Panel software, and website maintenance.
(8) For Dedicated Server DIAMOND - Maximum of 100 websites or sub-websites. RESELLER is responsible for installing his own Control Panel software, and website maintenance.
(9) RESELLER is responsible for backing up all websites, databases, scripts, and all other important files.
(10) Not to run scripts/programs that utilize heavy machine resources, or overload CPU and other hard wares, or run any activities that effect server performance.
(11) If an account is terminated due to any violation of TOS, RESELLER will receive no refund.

4. MODIFICATIONS TO SERVICE
HostBpInc reserves the right to modify or discontinue the Service with or without notice to RESELLER. HostBpInc shall not be liable to RESELLER or any third party should HostBpInc exercise its right to modify or discontinue the Service.

5. NO RESALE OF SERVICE
RESELLER agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent of HostBpInc.

6. DISCLAIMER OF WARRANTIES
RESELLER expressly agrees that use of the service is at RESELLER's sole risk. The service is provided on an "as is" and "as available" basis. HostBpInc expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. HostBpInc makes no warranty that the service will meet RESELLER¡¦s requirements, or that the service will be uninterrupted, timely, secure, or error-free; nor does HostBpInc make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service.

7. LIMITATION OF LIABILITY
HostBpInc shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or the inability to use the service or for cost of procurement of substitute goods and services or resulting from any goods or services purchase or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of RESELLER's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if HostBpInc has been advised of the possibility of such damages.

8. INDEMNIFICATION
The RESELLER shall indemnify and hold harmless HostBpInc from any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against HostBpInc and HostBpInc's officers, directors, and employees for any service provided to RESELLER by HostBpInc to include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

9. TERMINATION
Either RESELLER or HostBpInc may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to HostBpInc. HostBpInc shall not be liable to RESELLER or any third party for termination of Service. Should RESELLER object to any Terms and Conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, RESELLER's only recourse is to immediately:
(1) discontinue use of the Service;
(2) notify HostBpInc of termination, upon termination of the Service.

10. NOTICE
All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. HostBpInc may broadcast notices or messages through the Service to inform RESELLER of changes to the TOS at their choosing, but is not required to do so; HostBpInc may broadcast changes to the Service, or other matters of importance; such broadcasts shall constitute notice to RESELLER.

11. PAYMENT
RESELLER understands and waives all rights to credit card charge backs or any other payment charge back in order to use the service. If RESELLER does do a charge back on any method of payment, HostBpInc will turn this matter over to our legal department for full litigation. Any credit card fraud is turned over to the California State police and federal authorities for full investigation and prosecution; NO EXCEPTIONS. It is the RESELLER¡¦s full responsibility to keep a valid method of payment on the RESELLER¡¦s account at all times. If in the event a credit card comes back declined or NSF, HostBpInc will charge a $25.00 NSF fee or declination fee, without notice. The RESELLER account will be suspended without notice, until all fees are paid in full.

All Hosting services will be billed one (1) month in advance. The RESELLER will continue to be billed 1 month in advance up until the RESELLER cancels their hosting account by notifying service@hostbpinc.com and receive a cancellation code from HostBpInc. The RESELLER is liable for all services rendered and billed up until the time that the account is cancelled. Hosting charges are not pro-rated when an account is cancelled. As long as the cancellation is completed prior to the first day of the next month cycle, the RESELLER will not be billed beyond the current month.

12. SEVERABILITY
In the event that any term or provision of this TOS is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this TOS shall remain in full force and effect.

13. LAWS
This TOS shall be governed by the laws of the State of California, and in the event of a dispute, RESELLER agrees to submit to the jurisdiction of the state and federal courts located in Orange County, California.

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