Terms of use

Terms of Service for Reseller Hosting

Service Cancellation and Refund Policy

All services that are provided by the Company can be canceled by the Customer. The only possible way to cancel a Reseller Hosting account is through the Client Area. There are two parts of cancellation: initiating a cancellation request and then confirmation of the cancellation request. The Company receives the cancellation request only after it has been confirmed by the Customer. The cancellation becomes effective in accordance with the time chosen by the Customer through the Cancellation process.

Right after the cancellation becomes effective, the Customer’s accounts will be suspended. The Company is keeping a copy of the canceled accounts for no more than 7 (seven) calendar days after the cancellation becomes effective. 7 (seven) days after the cancellation becomes effective any information or data in the accounts will be deleted, it includes: the canceled accounts, all of their backup copies and any other information or data related with the account. After the cancellation becomes effective the Company cannot be held in charge for loss of data due to suspension or termination.

TMDHosting will issue refund to the Customer if the cancellation request meets the following terms:

1. The Customer’s cancellation request has become effective in less than 30 (thirty) days after the date of the first payment for the account. The cancellations of Reseller Accounts that become effective in more than 30 (thirty) days after the first payment are not eligible for refund.

2. The money paid by the Customer for the Reseller hosting account will be refunded excluding the setup and processing fee of $14.99 per account. In case of a refund the setup and processing fee is always withheld, even if this fee was waived at the time of purchase.

3. If a domain name is registered by the Customer during the initial hosting account order process, then the appropriate domain name registration fee will be withheld as well. In case of a refund, the domain name registration fee is always withheld, even if this fee was waived at the time of purchase. The domain name itself remains property of the Customer.

4. In case of a refund the amount spent by the company for WHMCS license(s) is always withheld, even if it was waived at the time of purchase. The amount withheld may vary, depending on the type and amount of license(s) provided. The Company will use this price list as reference and advisory material.

Service Cancellation by TMDHosting

Any of the services that the Company offers may be canceled by the Company with no prior notice and with no refund in case that the Company finds out in good faith that the Customer’s use of the service violates the Terms of Service. The Company cannot be held in charge for loss of data if such a cancellation has been done.

The Company may also cancel any of its services, if the Company determines in good faith that this service has become impractical or unfeasible for any technical, legal, regulatory or other reason, by giving the Customer as much prior notice as reasonably practicable.

The Reseller Hosting service used by the Customer may be canceled for any or no reason by the Company with a preceding 7 days notice. After the 7 day period the Customer’s Account(s) will be ended and the Customer will be provided with access to an archived backup copy of the Customer’s account(s) content as of the termination date. These backup copies will be available for no more than 7 calendar days. After the expiration of the 7 day period for accessing the archived back up copy, all backup copies and any other information or data related with the account will be deleted from the Company’s servers.

If the reason for Reseller Account Cancellation by the Company is different from violation of Terms of Use by the Customer, a refund will be issued by the Company for all the months that the account is prepaid and will not be used by the Customer. The calculation of the amount of the refund will be made by multiplying the number of the unused months by the prepaid monthly price as it is for the Customer’s billing cycle. The Company will offer several options for receiving the refund; still it is only the Customer’s responsibility to provide the information needed for receiving the refund.

If the reason for Reseller Account Cancellation by the Company is violation of Terms of Use by the Customer, a refund will not be issued by the Company.

Usage of server vital resources

Each and every TMDHosting Reseller, and respectively its hosting account(s), is entitled to the following types of server resources usage:

CPU resources
RAM resources
MySQL server resources
Web server resources
Mail server resources

In case that a TMDHosting technical representative, either System Administrator or another technical support personnel, detects a TMDHosting Reseller account(s) to use the above mentioned resources in a manner endangering the hosting server overall performance the following, but not limited to, actions can be taken by the Company:

Particular Account(s) limitation in terms of particular resource that is overused.
Particular Account(s) temporary suspension.
Particular Account(s) permanent suspension.
Particular Account(s) termination.

If an account(s) is permanently suspended or terminated due to overuse of the above mentioned resources are not entitled to refund. All account(s) limitations that apply to a particular resource's usage are subject of comment further. The Company will inform the Customer for the occurrence of the above, by opening a new Support Ticket. A re-activation fee may apply in any of the above cases. A re-activation fee is imposed by a TMDHosting representative if:

The overuse is continuous and recurring.
The overuse has caused server crash.
The overuse has affected other Customer(s) accounts hosted on the same server.

The re-activation fee may vary and its amount is specified by TMDHosting and its authorized representatives (Sales/Support agents) on case-by-case basis.

Overusing an endangering the overall server performance account(s) termination is a legal right of TMDHosting to refuse service and is not a subject of comment.

Acceptable Use Policy

All services provided by the Company should be used by the Customer for legal purposes only. The Customer understands and agrees to maintain his/her account(s) in complete obedience with the conditions listed below. The Company has the right to take instant corrective actions which may include immediate suspension or deletion from the Customer’s account without prior warning if a violation of the Acceptable Use Policy (listed below) is found. If an abuse of the Acceptable Use Police below is found, it may result in a warning, suspension or possible account termination with no refund.

By using any Services, provided by the Company:

You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
You agree not to allow any remote code execution of malicious software through the hosting account provided by the Company
You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against the Company servers and facilities or the servers and facilities of other network hosts or Internet users.
You agree that you will not use the account provided by the Company for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music files, copyrighted video files, copyrighted software, etc.
You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames)
You agree not to make, attempt or allow any unauthorized access to the Company website, servers, your own hosting account or the account of any other Customer of the Company.
You agree that you will not use the Company services to host any website, other content, links or advertisements of websites that:

infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;
are with adult content, pornographic, obscene, unlawfully harassing, or connected with sex-related merchandising;
profess hatred for particular social, ethnical, religious or other group;
contain Illegal or Hacking/Phreaking Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
promote Money Making Schemes, multi-level Marketing or similar activities.
contain any kind of proxy server or other traffic relaying programs.
contain Torrent trackers, Torrent Portals or similar software.
The Company reserves the right to terminate each account that violates the Terms of account resource use and cannot be responsible for any data loss in such cases.

99.9% Server Uptime Guarantee

For annual downtime of more than 0.1% on the server(s), where the Customer's account(s) is hosted, the Customer will receive compensation if all the conditions below are met:

The Customer has used the Company hosting service for at least 12 months.
The server (s), where the Customer hosting account is located, experiences a total downtime of more than 0.1% in a period of 12 months after the account activation or during any of the consecutive 12-month periods.
The reason(s) for the server downtime occurrence(s) were NOT beyond the Company influences, which include but is not limited to: DOS attacks, Internet connectivity problems, electricity outage, hardware failure, software failure and force major events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment relative to the server uptime, etc.
The Customer requests his/her compensation not later than 30 days after the 12 month period, in which there was a downtime bigger than 0.1%, has ended.
The Customer will be compensated with a credit equal to the fee he/she has paid for the hosting service pro rated by the number of hours in which the Service was interrupted because of the downtime.

Providing Hosting Related Support Policy:

Each and every TMDHosting Reseller is entitled to 24/7/365 webhosting related support provided by TMDHosting via the TMDHosting Ticketing System. Providing hosting related support services may vary, depending on the particular Customer's hosting plan. Additional fees, determined by TMDHosting representative on case-by-case basis may apply, if a request is not related/included in the support service, which relates to the package.

Resellers, which are using the Standard Package are entitled to 24/7/365 webhosting related support. This includes, but is not limited to, free applications installations, free modules installation, free themes installation, critical service related issues support. Assistance in issues or fulfillment of requests not described in this document or not related to the hosting service itself may be subject of additional fees, determined on case-by-case basis.
Resellers, which are using the Enterprise Package are entitled to 24/7/365 webhosting related support. This includes, but is not limited to, free applications installations, free modules installation, free themes installation, critical service related issues support. Assistance in issues or fulfillment of requests not described in this document or not related to the hosting service itself may be subject of additional fees, determined on case-by-case basis.
Resellers, which are using the Professional Package are entitled to 24/7/365 unlimited support. Their requests will be served with higher priority. Assistance in issues or fulfillment of requests not described in this document or not related to the hosting service itself may be subject of additional fees, determined on case-by-case basis, only if the issue or the request is related to debugging of code, application debugging or development.

Providing WHMCS Related Support Policy:

Each and every TMDHosting Reseller is entitled to a WHMCS license, installation and initial server-side configuration. Assistance further is provided on "requests amount" basis and may vary, depending on the particular Customer's hosting plan. Additional fees, determined by TMDHosting representative on case-by-case basis will apply, in case that a Customer is overt the limit of requests. The requests for WHMCS assistance, apart of the installation and initial server-side configuration, are limited in the following way:

Resellers, which are using the Standard Package are entitled to five (5) WHMCS assistance requests.
Resellers, which are using the Enterprise Package are entitled to ten (10) WHMCS assistance requests.
Resellers, which are using the Professional Package are entitled to unlimited WHMCS assistance requests.

WHMCS Licensing and License Renewal Policy:

When a WHMCS license is requested by the Customer, the Company will first issue a 15 days trial license, in order to preserve the Customer from unwanted expenditures and make sure that the software meets Customer's particular needs. In case that the Customer's decision is to continue using WHMCS, a license must be requested by submitting a support ticket. The Company can not be held liable for issues occured on the Customer's side due to trial license expiration. The Customer's WHMCS license will be renewed as long as hosting services are provided by the Company.

Backup Policy:

The Company will act in good faith and create backups of Customer's account(s) on different basis, depending on the particular Customer's hosting plan. If a Customer requires a change in the backup frequency, additional fees may apply.

Resellers, which are using the Standard Package are entitled to backups created on weekly basis.
Resellers, which are using the Enterprise Package are entitled to backups created on weekly basis.
Resellers, which are using the Professional Package are entitled to backups created on daily basis.

The Company cannot be held liable for any damage, data loss, loss of profit or other loss occurring because of lack of Customer’s backup or outdated copy of the latter. The Company cannot be held liable for any damages caused by loss of data, the reasons for which include but are not limited to Internet connectivity problems, electricity outage, hardware failure, software failure, human mistake and force majeur events like fire, flood, other natural disasters and acts of God, labor disputes, accidents, acts of war or terrorism, failure of any third party to perform any commitment, etc. In these and all other cases the Customer will be solely responsible for making and storing his/her own backup copies of the data, associated with the Customer’s hosting account as well as restoring any missing data and information. The Company shall not be liable for the time period needed for the Customer to restore the backup information to his hosting account and shall have no obligation to notify the Customer in the event that the Customer’s account content needs to be restored.

Reseller DNS Policy: