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Reseller Terms Of Use

Definitions

By "Provider" we refer to ICDSoft Ltd. By "Reseller" we refer to you as a customer of the Provider, who desires to purchase services from the Provider with the purpose of selling them to your own customers. By "End User" we refer to your customer who is the actual consumer of the services offered.

Qualifications to become a reseller

To qualify as a reseller, you must fulfill the following requirements:

a. You must read and agree to both the ICDSoft Terms of Use and ICDSoft Reseller Terms. The Provider reserves the right to change these terms at any time at its sole discretion.

b. You must be of legal age, as per your country's legislation.

Obligations of the reseller

a. The Reseller must cover all fees incurred by all services acquired from the Provider.

b. The Reseller must set their own Terms of Use, which all End Users of the Reseller should be aware of, and which must bind the End User to the Provider's End User Terms of Use.

c. The Reseller acknowledges that they must keep the contact details of the Reseller account up-to-date, including the contact name, e-mail address, and phone number. In case the End User contacts the Provider directly on billing matters, these details will be provided to the End User to get in contact with the Reseller.

d. The Reseller is responsible for providing proper billing support to their End Users. That includes but is not limited to responding within reasonable time to End User questions related to their service and/or payments, providing notifications to the End User on expiring services, as well as ensuring that the services the End User paid for were enabled/renewed with the Provider.

e. The Reseller is held responsible for any actions or inactions violating the Provider's End User Terms of Use on the behalf of the End User.

Rights of the reseller

a. The Reseller has the right to manage the resold accounts, set own prices, and utilize all features of the services that the Provider offers.

b. The Reseller has the right to suspend the accounts of the End Users based on the Reseller's judgement, through the instruments offered by the Provider.

c. The Reseller has the right to customize and rebrand the services offered by the Provider.

Abuse

In case of violation of the ICDSoft Terms of Use, the Provider reserves the right to suspend the hosting accounts of the End Users, or take other corrective measures, without prior notice to the Reseller. The provider reserves the right to cooperate with all the appropriate legal authorities in investigations of claims of illegal activity involving the Provider's services.

Reseller support

The Reseller is entitled to technical and billing/account support, which can be received at the Provider's support web site: http://www.suresupport.com.

End user support

a. The Reseller may choose to provide own technical support to the End Users, or allow the End Users to use the Provider's support services at the Provider's customer support web site: http://www.suresupport.com, in which case these services will be limited to technical support only. The Reseller must provide own billing / account support to the End Users. If the Provider is contacted by the End User for billing / account issues at the Provider's customer support web site: http://www.suresupport.com, the Provider will direct him / her to the Reseller, without revealing that the Provider is the actual vendor of services. Tickets not related to technical issues opened at the Provider's customer support web site: http://www.suresupport.com will be forwarded to the contact e-mail address of the Reseller.

b. End User support at http://www.suresupport.com assumes that the End Users have access to the Control Panel of the hosting account, and know the correct Control Panel username and password. Conversely, if the End Users have access to the account Control Panel, they will be also able to contact SureSupport. Therefore, we urge all resellers to provide Control Panel access to the End Users only in case they wish to allow them to use http://www.suresupport.com as well.

Ownership issues

a. The Provider is in a direct agreement with the Reseller, and in no agreement with the End Users. The Reseller bears full liability for any breach of this agreement, or the Terms of Use, caused by failure of the End User or the Reseller to comply with the Terms of Use.

b. In case the Provider is contacted directly by the End User, the Provider will generally not enter into an agreement with the End User. Exceptions to this rule are when the Provider is explicitly authorized by the Reseller to enter into a direct agreement with the End User, and in case of termination of this agreement.

c. The Provider does not bear liability for any trade name, patent, or other copyright infringement, resulting from material hosted on services acquired through the Provider. This also applies for a personalized Reseller logo, or any other customization or rebranding of the services acquired through the Provider, in which case the Reseller assumes full liability for any copyright infringement.

d. In case of a dispute between the Reseller and the End Customer over the ownership of a hosting account or domain name, the Provider will consider that accounts/domains ordered and paid by the Reseller, are property of the Reseller. This statement is valid for the period from making the order/payment, up to 15 days after the expiration of the service in question. In case of inability of the Reseller to renew the hosting account / domain name, and if the Provider is contacted by the End Customer directly, 15 days after the expiration the Provider can:

open another hosting account for the End Customer

transfer the ownership of the domain name to the End Customer

e. In special dispute cases, including but not limited to cases in which it is not possible to confirm who paid for the hosting account, ICDSoft reserves the right to be the sole arbiter who the hosting account belongs to.

Policies for resold domains

The following rules apply for resold domains - part of hosting packages that the Reseller sells to End Customers.

a. Following ICANN rules and the 2013 RAA changes, the owner of a domain is the entity that is set as Registered Name Holder (Registrant contact) for the domain. The Registered Name Holder can obtain access to a domain management interface to change domain settings and WHOIS data, request lock/unlock of the domain and/or obtain its EPP authorization code.

Due to this policy, the Provider will provide assistance to the current Registered Name Holder in any of the above actions, no matter if that is the Reseller or the End User.

b. According to ICANN regulations, registrars and their resellers should make sure that the Registered Name Holder is made aware when the domain is about to expire, by two separate notifications - one 30 days prior to the expiration date, and another plus/minus five days around the expiration date.

The Provider will send renewal notices for hosting packages set as Resold to the Reseller. It is a responsibility of the Reseller to arrange the proper notifications to the respecive Registered Name Holder, in case this is the End User. In case of a failure to arrange such notification, the Reseller bears full responsibility for any damages incurred by the Provider due to this failure.

Termination of this agreement

Termination of this agreement may occur in the following instances:

a. The Provider can terminate the agreement immediately for material breach of this agreement or of the ICDSoft Terms of Use by the Reseller. In case of termination for material breach, the Provider will continue supporting and billing the End Users directly.

b. The agreement may be terminated by the Provider in case of inability of the Reseller to continue providing services to the End User, which may include but is not limited to serious disability and death. If the agreement is terminated under this clause, the Provider may also continue supporting and billing the End User directly.

c. The Provider may choose to terminate this agreement in case the Reseller is unable to provide proper billing support to their End Users, and that causes damages to the End User or to the Provider. Inability to provide billing support may include but is not limited to 1) lack of proper notices to the End User on expiring services, 2) prolonged unavailability of the Reseller on billing questions, 3) inability to arrange with the Provider the services the End User has paid for. In cases when the lack of billing support causes service outage and/or damage of the reputation of the Provider, the Provider may choose to provide service directly to the End User and bill them accordingly.

d. In case of termination of this agreement, the Provider does not bear liability for any unsettled agreements between the Reseller and the End User.

Governing law

This Agreement, the Reseller's rights and obligations and all actions contemplated by this Agreement, shall be governed by the laws of the United States. The Reseller agrees that any action to enforce this Agreement or any matter relating to the Reseller's use of the services shall be brought exclusively in the Second Eastern Middlesex Division - Waltham District Court.

Limited liability

THE RESELLER AGREES THAT THE PROVIDER SHALL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES AND WEB HOSTING SERVICES, (3) INTERRUPTION OF THE PROVIDER'S SERVICES OR INTERRUPTION OF THE RESELLER'S BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROVIDER'S WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS THE RESELLER EXPERIENCES IN RELATION TO THE SERVICES OFFERED BY THE PROVIDER; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND THE PROVIDER'S CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF THE RESELLER'S ACCOUNT; OR (8) APPLICATION OF THE DISPUTE POLICIES. THE PROVIDER ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY THE RESELLER FOR THE DISPUTED SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Last revision: Feb 3 2015