Intrepid Data Systems Ltd: Terms and Conditions

Definitions

By "Provider" we refer to Intrepid Data Systems 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.

Obligations of the Reseller

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

b. The Reseller must set his/her own Terms with the End User, which must bind the End User to the Provider's End User Terms of Use.

c. The Reseller acknowledges that he/she must keep the contact details of the Reseller account up-to-date, including the contact name, e-mail address, and phone number.

d. 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.

Qualifications to become an Intrepid Domains reseller

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

All services provided by The Provider may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, material that is with "adult only" content, or material, protected by trade secrets and other statute.

Note: Pornography and sex-related merchandising are prohibited. This includes sexual content or direct links to adult content hosted elsewhere. Sites, promoting any illegal activity, violence or content that may be damaging to our servers or any other server, or links to such sites are also prohibited. Examples of non-acceptable content or links are:

• Pirated software or copyrighted MP3 files
• Hacking Tools
• Warez sites
• Adult content (in any form)
• Spamming Software
• Web-based shells

The Provider will be the sole arbiter as to what constitutes a violation of this provision.

Refund Policy

The Provider offers an unconditional 100-day money-back guarantee on hosting services. If the Reseller wishes to cancel a hosting account within the initial 100-day period for any reason, he/she has to notify The Provider via e-mail ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ), and the payment will be promptly refunded. Since all .com, .net, .org, .us, .biz and .info domains registered through our services cannot be refunded, they will be subject to a KSh. 1000 ($15.00) annual domain registration fee. Therefore, if theResellerpurchased a hosting account with a domain registration, the domain registration fee will be deducted from the refund amount. As the customer is the sole owner of the registered domain name, arrangements can be made to transfer its registration to another provider.The Provider does not offer any partial or prorated refunds after the initial 100-day money-back guarantee period.

If a Reseller disputes a setup / renewal charge for any account, The Provider will not re-activate the service, unless the Reseller covers all fees involved, including the chargeback fee and any other transaction fees.

Accounts terminated due to policy violations will not be refunded.

Dispute Resolution Policy

In case of ownership dispute, The Provider reserves the right to be the sole decision maker in settling the dispute. There are several guidelines, based on which The Provider will decide who is the rightful owner of the disputed hosting account or domain name:

By default, The Provider will grant ownership to the person, who paid for the hosting account. If the purchase was made by iPay, credit card or 2Checkout, the holder of the respective credit card or 2Checkout account will be considered the owner. If the purchase was made by Western Union, bank transfer, or some other similar way, the respective sender of the funds covering the purchase of the account will be considered the owner. The Provider reserves the right to confirm the identity of the owner by contacting him/her by e-mail or telephone, in the same order of preference.

If the identity of the credit card holder or the sender of the funds as discussed above cannot be confirmed, The Provider will attempt to determine the owner in other ways, which include but are not limited to investigation of log files, investigation of the content hosted under the respective hosting account or domain name, and investigation of the sequence of annual payments for the disputed service.

In case of death or serious disability of the original owner, that prevents him/her from continuing to manage the hosting account or the domain name purchased, The Provider may grant ownership to another person or organization, if enough proof is presented about the original owner's condition, and based solely upon the investigation that The Provider will undertake about this issue.

The Provider will consider a court decision overruling in case of ownership dispute, and will always comply with such a decision.

Lost Login Information Policy

In case the Reseller has lost the hosting account or domain name login information, he/she can request it to be sent to the contact e-mail address for the respective service.

If the contact e-mail address is outdated or incorrect, the Reseller should contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it , who will conduct an investigation of the issue. In this case, the dispute resolution policy may be applied

Traffic Guidelines

In cases where The Provider is providing hosting services, Sites that go over their traffic limit will be charged additionally, in accordance with the characteristics of the plan purchased. In case of failure to cover the fees incurred by traffic overusage, The Provider reserves the right to take corrective actions such as suspension of service. In case TheProvider takes corrective actions under this provision, the Reseller shall not be entitled to a refund of any fees paid in advance.

Chat Rooms

Running and linking to IRC servers or IRC bots and clients such as Eggdrop, BitchX, ircii, etc., is strictly prohibited.

Spam/Unsolicited Mail

The Reseller may not use The Provider's network, The Provider's equipment or The Provider's e-mail service in connection with the transmission of spam, flames, mail bombs, or similar unsolicited e-mail messages. The Reseller domain may not be referenced as originator, intermediary or reply-to address in any of the above. This prohibition fully extends to sending of unsolicited mailings from another service that in any way mentions your domain name or implicates the use of the The Provider's network, The Provider's equipment or The Provider's e-mail services. A message is considered unsolicited if it is posted in violation of a newsgroup charter, or if it is sent to a recipient without his/her prior consent. For purposes of this provision, merely making one's e-mail address accessible to the public will not constitute a request or invitation to receive messages.

In case sufficient evidence is presented about any violation of this provision, The Provider reserves the right to disable the Reseller's account without prior notice. For the purpose of acquiring such evidence, The Provider will use various techniques, including but not limited to: closely inspecting all spam reports sent to The Provider's anti-abuse department (abuse@The Provider.com), searching the logs of The Provider's mail servers, and scanning the server space for popular "spamming" applications. The Provider will be the sole arbiter as to what would be considered sufficient evidence.

Abuse

Any attempt to undermine, slander, libel, threaten or cause harm to The Provider's customers, employees and property, or to the company directly, is grounds for immediate termination without refund. In addition, any such attempts will be prosecuted to the fullest extent of the law.

Indemnification

Reseller agrees to indemnify, defend and hold harmless, The Provider, its subsidiaries and other affiliated companies, its officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use.

Disclaimer

The Provider, at its sole discretion, may change these terms and conditions at any time. By using The Provider's services the user agrees that The Provider may: (1) revise these terms and conditions; and (2) change the services provided. Any such revision or change will be binding and effective immediately on posting of the revised terms or change to the service(s) on The Provider's web site, or on notification to the Reseller by e-mail. The Reseller agrees to review The Provider's web site, including these terms, periodically to be aware of any such revisions. If the Reseller does not agree with any revision, he/she may terminate the services at any time by notifying The Provider by e-mail or via telephone. Notice of the Reseller's termination will be effective on receipt and processing by The Provider. The Reseller agrees that, by continuing to use The Provider's services following notice of any revision to this Agreement or change in service(s), he/she abides by any such revisions or changes.

The content available through this site is the sole property of The Provider and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, The Provider-owned content received through this site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through this site to anyone, including but not limited to others in the same company or organization without The Provider's express prior written consent.

Refusal of Service

The Provider reserves the right to refuse hosting for insecure applications that could be, for instance, utilized by an attacker to gain unauthorized access to the server and/or execute applications with the privileges of the Reseller that has uploaded the insecure application in question. Resellers are responsible for keeping their applications up-to-date, checking for security issues with the application vendor, and updating to the latest secure version that is available. In the event that an insecure application is installed on the hosting account of the Reseller, The Provider reserves the right to disable access to it, or, if deemed necessary, to the hosting account in its entirety. This will be with the exclusive purpose of preventing damage to the Reseller and to the other Resellers hosted on the same server, and may be done with or (in case of emergency) without prior notice.

The Provider reserves the right at its sole discretion to refuse or cancel service. Violation of any of The Provider's Terms could result in a warning, suspension, or account termination. Submitting fake personal information can also be grounds for suspension or termination.

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 Date: 07 July 2010