Reseller Terms and Conditions
1. Lease and Provision of Services. The Web Hosting Corporation, Inc agrees to provide, and Client agrees to accept, the use of one or more world-wide-web servers ("Web Server" or "Dedicated Web Server") on a lease basis along with ancillary support services, system monitoring tools, and network services. The Web Hosting Corporation, Inc shall provide primary and secondary name service for all domains hosted on the server. 2. No Transfer of Ownership. The provision of goods and services under this agreement does not and will not constitute a transfer of any ownership interest or intellectual property right to Client. Client agrees it will not remove, copy, or tamper with software, processes, or other intellectual property provided hereunder. 3. Automatic Renewal and Termination. Following written notice of termination given by either party not less than 335 days after the execution of this Agreement, this agreement shall terminate at 5:00 p.m. one year after the date of execution hereof. Neither party may terminate this agreement prior to one year after the execution of this Agreement. In the event this agreement is not terminated by either party, it shall automatically renew for an additional one-year period. Each successive one-year renewal period may not be terminated before the end of that additional one year. Following the termination or expiration of this agreement, servers assigned to the Client will be considered abandoned, as provided below. 4. Server Capacity. Client may not operate any server at more than 95% of its hard drive storage capacity. In the event that this condition is not met, The Web Hosting Corporation, Inc may, at its option, either terminate this agreement or charge Client for excess usage/wear and tear on the server according to its then-published price. 5. Client Support. The Web Hosting Corporation, Inc shall provide reasonable levels of technical support to Client via electronic mail, help desk ticket or telephone as necessary and will exercise reasonable care to ensure the proper operation and accessibility of the server over the Internet. The terms and conditions of service, and the standards of service specified in The Web Hosting Corporation, Inc Web pages located at URL http://datacenter.com/pages/policy.html are hereby incorporated by reference and are part of this agreement. Terms and conditions may be changed by The Web Hosting Corporation, Inc from time to time. 6. Exclusions. The Web Hosting Corporation, Inc will not provide technical support for any unauthorized client software installations, client enhancements, server-side upgrades, or third-party software installations on or to the servers. Any modifications to the software supplied on any The Web Hosting Corporation, Inc server may jeopardize the performance and reliability of that server. These exclusions include: a. Apache upgrades. b. PHP upgrades, including building support into Apache Linux Kernel upgrades. c. System libraries. d. MySQL upgrades. e. Other third-party software not installed by The Web Hosting Corporation, Inc. Client agrees that the installation of any 3rd party software that results in or contributes in any way to any outage or damage shall result in liability to it for technical support costs at the rate of $150 per hour until the issue caused by the installation is resolved to The Web Hosting Corporation, Incs satisfaction. 7. Clients Rights and Responsibilities. Client agrees to comply with all applicable laws and regulations relating to the use of the Web Server(s), software, and ancillary services provided by The Web Hosting Corporation, Inc. In the event of noncompliance, Client agrees to hold harmless The Web Hosting Corporation, Inc and its personnel and contractors from the consequences of such noncompliance. Further, client agrees not to disclose any The Web Hosting Corporation, Inc proprietary information, software, or related information without the express written consent of The Web Hosting Corporation, Inc. 8. Resale of Space. Client may resell Web space on the Web Server(s) provided by The Web Hosting Corporation, Inc under this agreement, so long as the use of such resold space does not violate the terms and conditions of service incorporated in this agreement. Client will provide reasonable and customary levels of support and service to its resale clients. Failure to do so gives The Web Hosting Corporation, Inc the right to terminate this contract on ten days notice. Client shall be responsible for any domain registration fees that may be applicable to domains hosted on the server. 9. Fees and Payments. Client agrees to pay The Web Hosting Corporation, Inc for the leasing of the Web Server and Software according to the terms of the contract wich will sent to the reseller and completed before the aggreement can be completed. 10. Payment Due Date and Late Payment Penalties. The Web Hosting Corporation, Inc will invoice the Client, or make charges to Clients account, on the monthly anniversary of the account creation. In the event Client elects to be invoiced by mail, a service charge will be assessed. Client shall pay all wire transfer fees. An additional service charge will be assessed for the use of multiple credit cards. Monthly payments are due seven days after an invoice is sent to Client. Following the seven-day grace period, The Web Hosting Corporation, Inc may take the following measures: 7 days past due - root Remote/SSH/telnet/ftp access disabled. 14 days past due - server disconnected from network. 21 days past due - all client data erased and storage returned to inventory. Delinquent accounts will be assessed a $50 fee for restoration of root access/SSH/telnet/ftp, and a $100 fee for reinstallation of hard drives, plus any fees or costs connected with returned checks. Client accounts more than 30 days past due will be considered abandoned. Client agrees to pay any cost of collection, including attorneys fees. Interest on any account more than 30 days past due will be assessed an interest charge of 1.5% per month on the first day of each successive month. Any information stored on abandoned The Web Hosting Corporation, Inc servers will be considered the property of The Web Hosting Corporation, Inc. 11. Force Majeure. The Web Hosting Corporation, Inc will incur no liability for direct or consequential damages caused by acts of God, acts of government, insurrection, riot, civil disturbance, acts of war or terrorism, outages suffered by electric utilities, or outages suffered by intermediary private networks over whose facilities Clients Web traffic is carried to and from the Web Server(s) provided by The Web Hosting Corporation, Inc. 12. The Web Hosting Corporation, Inc shall give telephone notification to client prior to disabling access or disconnecting any service. 13. Entire Agreement. This Agreement, together with the attached Confidentiality Agreement and any personal guarantees, constitutes the entire agreement between The Web Hosting Corporation, Inc and Client and supersedes all prior agreements, whether oral or written, specifically including any agreement relating to Client referral fees and/or royalties (which are hereby terminated). Any waiver, alteration, or modification of any of the provisions of this agreement will not be valid unless in writing signed by an authorized representative of each party. 14. Transfer, Assignment; Change in Control or Operation. The Web Hosting Corporation, Inc reserves the right to refrain from doing business with any party. Accordingly, this Agreement may not be transferred or assigned without the prior, written consent of The Web Hosting Corporation, Inc. The Web Hosting Corporation, Inc may terminate this Agreement without notice to Client upon a substantial change in ownership, control, or operation of the Client. Failure to notify The Web Hosting Corporation, Inc of a substantial change in the ownership, control, or operation of the client will be grounds for immediate termination of this Agreement. 15. Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding that body of law known as Conflicts of Law. The venue for any disputes arising out of this Agreement shall be Austin, Texas.