This
iVersit Communications ("iVersit") Web Hosting
Reseller Agreement ("Agreement") is between
iVersit and the iVersit Authorized Reseller ("Reseller")
to provide Virtual Web Hosting ("Hosting")
to Reseller and Reseller clients on iVersit's servers.
Viability - For Reseller to remain
in good standing with our Reseller Program, Reseller
must maintain and pay posted price for the hosting account
specified at time of reseller authorization. Reseller
and all resold accounts setup or added by said reseller
must adhere to existing terms and conditions as outlined
in our Terms of Service Policy. To maintain reseller
status once approved, reseller must also exhibit customer
satisfaction rates that match or exceed industry standards.
Affiliation - Reseller is an
independent contractor and not a partner, joint venture,
franchisee, agent, or employee of iVersit. Reseller
shall not represent their relationship with iVersit
as anything other than an independent contractor or
reseller.
Account Billing- iVersit will
bill Reseller by credit card for all services. Services
include, but are not limited to, Reseller's hosting
package, Resold Hosting Packages, Fees associated with
overages for both Reseller and Resold accounts, Fees
associated with abuse of Both Reseller and Resold Accounts.
Reseller is responsible for billing Reseller's clients.
Reseller is solely responsible for income, taxes and
expenses related to this Agreement. Bills for partial
periods shall be prorated.
Wholesale Pricing - Wholesale
pricing on Disk Space and Data Transfer shall be expressed
and agreed to upon reseller approval. iVersit
reserves the right to modify wholesale pricing at any
time with thirty (30) days advance notice to Reseller.
Cancellations - Reseller must
submit a statement to iVersit specifying the
date of account termination and web site address to
be terminated. Reseller must also include a brief summary
describing reasons for Resold Hosting Account termination.
Promotion - Reseller may use
content from http://www.iVersit.com upon expressed consent
and approval. Reseller must submit request for said
content PRIOR to use.
Termination - iVersit may terminate
this agreement as well as Reseller's Account at any
time for any reason deemed appropriate by iVersit.
Questionable Data - iVersit reserves the right to remove without notice
any information stored on iVersit's servers
that might violate iVersit's Terms of Service
and acceptable use policy. Such information includes,
but is not limited to, pornographic material, pirated
software, pirated media of any kind, and any other material
deemed offensive.
Indemnification - Reseller agrees
that it shall defend, Indemnify, save and hold harmless
from any and all demands, liabilities, losses, costs,
claims, including reasonable attorney's fees ("Liabilities")
against iVersit, its agents, its clients,
servants, officers, employees, that may arise or result
from any services provided, performed or agreed to be
performed or any product sold by Reseller or Customers,
their agents, employees or assigns. Reseller agrees
to defend, indemnify and hold harmless iVersit
against Liabilities arising out of any injury to person
or property caused by any products sold or distributed
in connection with iVersit's server or services,
material supplied by Reseller or Customers infringing
or allegedly infringing on the proprietary rights of
a third party, copyright infringement and any defective
product which Reseller or Customers sold on iVersit's servers. As a result of this, Reseller agrees
that iVersit shall not be liable to Resellers
or Customers for any claims of actual, compensatory
and/or consequential damages which may be suffered by
Reseller or Customers, including, but not limited to,
losses or damages due to the loss data resulting from
delays, non deliveries, or service interruptions caused
by the fault or negligence of iVersit. Termination
of this Agreement shall be Reseller's sole and exclusive
remedy for any and all damages or injury.
Waiver of implied warranties
- iVersit provides services to Reseller and
Reseller clients on an "as is" basis. iVersit disclaims any and all waranties, expressed or
implied.
30 Day Money Back Guarantee -
The 30 day money-back shall apply to the refund on the
agreed upon monthly plan fees and shall exclude, without
limitation, the refund of any or all setup fees, service
fees, transfer fees, domain registration fees, design/development
fees, software purchase fees, and any promotional discounts,
etc. Only Web hosting monthly fees are refundable. Reseller
will automatically be charged non-refundable additional
fees in the event that Reseller or Customers are in
excessive use of the agreed upon services, including,
but not limited to, the use of additional bandwidth,
file transfers in excess of plan limits, or disk space.
Modifications - iVersit
reserves the right to make changes to any of the above
terms and conditions of this agreement immediately and
without notice to Reseller. The use of the service by
the Reseller following the effective date of such changes
shall be proof of acceptance of Reseller of such changes.
Severability - If any provisions
of this Agreement are deemed invalid or unenforceable
under applicable law, the remaining provisions will
continue in full force and effect. iVersit's
failure to enforce any provision of this Agreement shall
not constitute or be construed as a waiver of that provision
or of the right to enforce it at a later time. This
Agreement shall be governed by the laws of the State
of Indiana and County of Tippecanoe. This Agreement
contains the entire understanding between iVersit and Reseller for provision of Hosting. This
Agreement supersedes and cancels any and all prior and
contemporaneous oral and written understandings or agreements
on this subject matter, either expressed or implied,
except the Terms & Conditions of service. Continued
use of iVersit services constitutes continued
acceptance of this Agreement, including any and all
modified terms.
This
document will not be "signed" in the sense
of a traditional paper document. To verify the Reseller's
Knowledge and Acceptance of this Agreement, said Reseller
must enter the combination of alpha/numeric characters
that has been specifically adopted to serve the function
of the signature below.
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