Terms of Service
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Please Read This Agreement Carefully.
By Agreeing To Our Terms Of Service And Acceptable Use Policy On The Account Signup Form, Signing Up, Communicating With Us, Paying For And/or Using Our Services, You Are Agreeing To Be Bound By The Conditions And Terms Of This Agreement, Our Acceptable Use Policy, And Our Privacy Policy.
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Term
The initial service term of the Agreement shall begin on the date that FreeWHMReseller generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a "Renewal Term") unless FreeWHMReseller or Customer provides the other with written notice of non-renewal at least fifteen (15) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."
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Payments
Fees are payable in advance from ten (10) days prior to the beginning of, to the first day of a new billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. FreeWHMReseller may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes FreeWHMReseller to bill subsequent fees to the credit/debit card up to 5 days prior to, on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise FreeWHMReseller will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees will be issued ten (10) days prior to the 1st day of each billing cycle, and the fees shall be due on the first day of the new billing cycle.Changes to packages, billing term, and/or pricing will not be granted past the invoice due date.
Payments must be made in United States dollars. Customer is responsible for providing FreeWHMReseller with changes to billing information (such as credit card expiration, change in billing address) At its option, FreeWHMReseller may accrue charges to be made to a credit/debit card until such charges exceed $10.00. FreeWHMReseller may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. FreeWHMReseller may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay FreeWHMReseller' reasonable reinstatement fee following a suspension of service for non-payment, and to pay FreeWHMReseller' reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
Fees
1.Fees are payable in advance from ten (10) days prior to the beginning of, to the first day of a new billing cycle. Customer's billing cycle shall be monthly, quarterly, semi-annually or annually as indicated on the Order, beginning on the Service Commencement Date. FreeWHMReseller may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes FreeWHMReseller to bill subsequent fees to the credit/debit card up to 5 days prior to, on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise FreeWHMReseller will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees will be issued ten (10) days prior to the 1st day of each billing cycle, and the fees shall be due on the first day of the new billing cycle.
Taxes
2.At FreeWHMReseller' request Customer shall remit to FreeWHMReseller all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on FreeWHMReseller), regardless of whether FreeWHMReseller fails to collect the tax at the time the related services are provided.
Early Termination
3.Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event FreeWHMReseller terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for FreeWHMReseller' breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
Late Fees
4.Accounts that are 30 days past due will be automatically deleted from our servers, if you wish to activate an account over 30 days past due, there will be a $25.00 fee to restore your account from backups (if available). Any special pricing you had on your old account will not transfer to the new account, all new accounts will pay current prices on our website.
Special Offers and Coupons
5.Discounts/coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. Future invoices will be billable at regular contract term pricing. One coupon per account. Special offers are valid for new orders only and cannot be applied to upgrades, renewals, and cannot be used to replace an existing account. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account.
Coupon abuse will not be tolerated and may result in the suspension and/or termination of the account, loss of our 30 Day Money Back Guarantee protection, and thus no refunds will be offered. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price, unless specifically mentioned. If you have any questions about promotions, please contact our Sales Department prior to placing your order.
Account Modifications
6. Invoices are created ten (10) days in advance of the invoice due date. This allows adequate time to submit any billing modification requests. Changes to packages, billing term, invoices, and/or pricing will not be granted past the invoice due date.
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Law/AUP
Customer agrees to use the service in compliance with applicable law and FreeWHMReseller' Acceptable Usage Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that FreeWHMReseller may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of FreeWHMReseller' notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with FreeWHMReseller' reasonable investigation of any suspected violation of the AUP. In the event of a dispute between FreeWHMReseller and Customer regarding the interpretation of the AUP, FreeWHMReseller' commercially reasonable interpretation of the AUP shall govern.
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Customer Information
Customer represents and warrants to FreeWHMReseller that the information he, she or it has provided and will provide to FreeWHMReseller for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to FreeWHMReseller that he or she is at least 18 years of age. FreeWHMReseller may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contact.
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Suspension/Termination
Suspension of Service
1.Customer agrees that FreeWHMReseller may suspend services to Customer without notice and without liability if: (i) FreeWHMReseller reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) FreeWHMReseller reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay FreeWHMReseller' reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection. It remains the sole discretion of FreeWHMReseller if an account is eligible for reinstatement.
Termination
2.The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if FreeWHMReseller fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by FreeWHMReseller prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon thirty (30) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within five (5) days of a written notice from FreeWHMReseller describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
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Cancellations and Money Back Guarantee
Cancellations
1.FreeWHMReseller provides an ongoing recurring service which will remain active until such time as the customer submits a cancellation request by completing the online cancellation form available within their FreeWHMReseller Control Panel. Instructions on locating and using the cancellation request form can be found here. Any cancellation or termination requests that we receive through any other contact method such as ‘Live Chat’, ‘Ticket System’, e-mail, by phone, etc., will not be accepted or treated as an official cancellation request.
A cancellation/termination must be made on or before your next invoice due date, otherwise you will be charged the full invoice amount and the cancellation/termination request will not become effective until the next following invoice due date.
FreeWHMReseller does not charge a cancellation fee and all payments submitted for services are non-refundable outside of our 30 day refund policy.
FreeWHMReseller reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or our AUP.
Money Back Guarantee
2.If an account with a thirty (30) day money-back guarantee is purchased and canceled within thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds must be made through our Billing Department of our helpdesk. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first thirty (30) days. Refunds will deduct the costs of any software licensing included free or purchased separately under your account. FreeWHMReseller also reserves the right to deduct fees for value added services that may have been included in the services at no additional cost, such as SSL certificates, dedicated ips, or free domain registration or transfer, from any refunds or account credits.
Money back guarantee only applicable to those products and services that specified with this offer. Any other products or services with no specification in money back guarantee are not entitling to any money back or refund. Under the money back guarantee, only first-time accounts/customers are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund. This is to protect our refund guarantee from being abused. FreeWHMReseller reserves the right to determine the definition of first-time account. If you cancel your account after the first 30 days have passed, or after your account is renewed then unfortunately we will not be able to issue any refunds. Please note: upgrades to hosting service, dedicated ips, domain registration/ transfer and SSL certificates are non-refundable.
Due to the nature of cryptocurrency payment systems, no refunds at any point will be offered for cryptocurrency payments and will not qualify under our 30 Day Money Back Guarantee.Violations of our Terms of Service or AUP will waive the right to a refund and our refund policy.
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Uptime Guarantee
In the event that your shared, reseller, or semi-dedicated server has a physical downtime that falls short of the 99.9% uptime guarantee, you may be entitled to credit of up to 5% of your monthly fee for every 30 minutes of downtime (up to, but not exceeding 100% of one monthly payment, and the credit will be applied toward future payments). Approval of credit is at the discretion of FreeWHMReseller.com upon valid justification provided. Third party monitoring services are not accepted as justification due to variety of factors including monitor's network capacity/transit availability and firewalls. The uptime of the server is defined as the reported uptime from the OS (operating system) and web server.
Site availability guarantee does not include downtime that is out of FreeWHMReseller' control, including but not limited to: outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; scheduled or emergency maintenance, DDoS or other attacks on our servers, hardware failure, third-party software failure, maxed out resources, interruptions resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control.
You are responsible for reporting a downtime event, and you must request a credit within five (5) days of experiencing a downtime event. To request credit, contact billing@FreeWHMReseller.com with proper justification.
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Requests for Customer Information
Customer agrees that FreeWHMReseller may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that FreeWHMReseller believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
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Customer Support
You can request customer support only by opening a Ticket through the HelpDesk system located in the Customer area. FreeWHMReseller will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when opening posting a Ticket. FreeWHMReseller will have no liability to respond to tickets opened in inappropriate categories. FreeWHMReseller shall not be liable for any delay in a Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in your account.
You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Tickets/Replies submitted by a single Customer, aggressive and/or harassing behavior, foul language, repetitive use of inappropriate categories for opening posting Tickets, etc. Any abuse of the HelpDesk system may result in a warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. FreeWHMReseller has the sole right to decide what constitutes abuse of the HelpDesk system.
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Reseller Customers
Reseller Hosting Customers are responsible for supporting their clients. FreeWHMReseller does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. FreeWHMReseller will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.
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Back Up and Data Loss
Your use of the service is at your sole risk. FreeWHMReseller is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on FreeWHMReseller servers. While FreeWHMReseller does maintain backups of your files and/or data on our Shared, Reseller, and Semi-Dedicated platforms, we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence. All cPanel backup files, backup-*.tar.gz and cpmove-*.tar.gz, older than 2 weeks will be removed from the server automatically and we suggest downloading said backups to an off-server location.
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Changes to the FreeWHMReseller Network
Upgrades and other changes in FreeWHMReseller' network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. FreeWHMReseller reserves the right to change its network in its commercially reasonable discretion, and FreeWHMReseller shall not be liable for any resulting harm to Customer.
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Notices
Notices to FreeWHMReseller under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.FreeWHMReseller.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
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Force Majeure
FreeWHMReseller shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond FreeWHMReseller' control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
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Indemnification
Customer agrees to indemnify and hold harmless FreeWHMReseller, FreeWHMReseller' affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
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Disclaimer of Warranties
FreeWHMReseller does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law. FreeWHMReseller disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an "As is" basis.
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Limitation of Damages
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of FreeWHMReseller and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.
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Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on FreeWHMReseller unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without FreeWHMReseller' prior written consent. FreeWHMReseller' approval for assignment is contingent on the assignee meeting FreeWHMReseller' credit approval criteria. FreeWHMReseller may assign the Agreement in whole or in part.
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Right to Refusal With Out Cause
FreeWHMReseller may refuse to accept any customer or any website for participation in the FreeWHMReseller hosting network as determined by FreeWHMReseller at its sole discretion.
This Agreement together with the Acceptable Use Policy and Privacy Policy constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
