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Terms & Conditions for Usage of Reseller Basket Dedicated Server/Hosting Service


("Provider" or "Company") agrees to provide services to the Subscriber,
("Client" or "You" or "Customer") subject to the following Terms of Service

Reseller Basket is dedicated to providing an all round top quality hosting service. The terms and conditions which follow are necessary to ensure that we may continue to provide the best possible service to all of our customers whilst at the same time satisfying our legal and ethical responsibilities. Failure to follow any term and condition mentioned below herein will be grounds for immediate account deactivation without notice. Hosting Basket will be the sole arbiter as to what constitutes a violation of any of these provisions. Activity which results in the suspension or deactivation of an account will result in a forfeiture of all fees paid. Complaints made regarding abuses of an account will be investigated and if found guilty will be grounds for immediate suspension.

1. Services
Reseller Basket will provide the Hosting Services through its series of servers located at IDC in USA or other parts of world.

2. Server Hardware
Provider promises to provide the client, Hosting Services on its server located at the III Party IDC in either USA or other part of world.;

3. Operating Systems
The operating system would be based on the selection made by the customer like: Windows/Linux/Fedora/CentOS;

4. Bandwidth Allocation
The maximum bandwidth allocated for hosting plans [unless and specifically mentioned in the package] would be 1 GB per/month;

Commercial Charges
The commercial charges for services would be as per the quote supplies to the customer based on his RFQ. The same would also be specified on the invoices;

5. Illegal Usage
Reseller Basket servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots. The subscriber to ResellerBasket service agrees to indemnify and hold harmless Hosting Basket from any claims resulting from the use of the service that damages the subscriber or any other party.

Hosting Basket will be the sole arbiter as to what constitutes a violation of this provision;

6. Hacking/Cracking
Reseller Basket reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution;

7. Security
Violations of system or network security are prohibited, and may result in criminal and civil liability. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network;

8. Chat Rooms
Resller Basket does not provide chat room software;

9. Background Running Programs
Reseller Basket does not allow background Daemons such as IRC bots; eggdrop; BitchX; XiRCON; and any other program that interferes with normal server operation. Reseller Basket does not allow IRC or IRC bots to be operated on our servers;

10. Backups
Reseller Basket does not perform Manual backups on any of its server. Reseller Basket is NOT responsible for lost data, time, income or any other resource due to backups or non-existent backups. Please always backup your own data for Redundancy;

11. Mode of Payment
The mode of payment would be specified on quote and invoices, the options [unless exclusively specified in the invoices] would be yearly in advance.

Reseller Basket Web Hosting will not provide the customers with the root access password under any circumstances [unless client leases dedicated server] for the assigned server;

12. Fees payments & Taxes
Customer agrees to pay the fees as per the payment mode specified in quote based on the terms of payment as mentioned in the quote. The setup and three month's fees are billed and due upon the signature of this agreement. The cycle of payment is unless exclusively specified in invoice, yearly or quarterly in advance. The date of the subscription is the yearly in advance. Payments must be received on or before the due date to ensure uninterrupted services. ResellerBasket accepts credit cards, cheques and wire transfer payments;




Taxes
Registrant/Resellers/Customers shall be responsible for all the applicable taxes including Service Tax, Sales Tax, Income Tax, GST/VAT and all other Direct/Indirect Taxes, levies and duties whether International, National, State or Local, as may be applicable with respect to this Agreement and the Domain Name and Web hosting Services.

13. Actions in the event of non-payment
Services will not be activated until the initial payment and executed agreement are received by ResellerBasket. Thereafter, services will be put on hold if the customer fails to pay by the due date. It is the customer's responsibility to make sure that the Provider receives the payment due by the payment due date. Returned checks or rejected credit cards will cause an immediate disruption to your service. Service will be re-activated only after the Customer cures such breach. A reactivation fee of Rs. 1000/- (Rupees One Thousand only) may apply. If the customer fails to cure this breach within 7 (seven) days, the account will be cancelled;

14. Client Responsibility
Reseller Basket does not actively monitor dedicated server content for review. ResellerBasket believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties.

The client is responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery. The client is responsible for securing their username/password. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of ‘Free For All’ links pages). Use of Reseller Basket service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc.; FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability; CGI-Scripts: requires a knowledge of the Windows Server environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.; Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Reseller Basket to provide this knowledge or support outside matter specific to Hosting Basket servers;

15. Unsolicited Commerce Email – SPAM
Spamming, or the sending of mass unsolicited email, from or through Hosting Basket servers or using an email address that is maintained on an Hosting Basket machine is STRICTLY prohibited. Reseller Basket will be the sole arbiter as to what constitutes a violation of this provision. If you engage in any of the foregoing activities using the service of another ISP or IPP, but channeling activities through an Reseller Basket server as a maildrop for responses, you are in violation. Violators will face an immediate suspension;

16. Excluded services
Custom or third party software installation, software maintenance and troubleshooting, software patches and upgrades, custom scripts;

17. Refusal of Service
a) We reserve the right to refuse, cancel or suspend service at our sole discretion;
b) All Sub-Networks, distributive hosting sites and dedicated servers of Reseller Basket must adhere to the above policies;
c) Failure to follow any term or conditions will be grounds for immediate account deactivation without refund;

18. Cancellations
Customer can cancel at any time for any reason with 30 days notice. If the customer's service is subject to a term commitment the term will accelerate upon cancellation and all fees associated with the entire term commitment will immediately become due in full. Notice must be in writing and must be originated by Customer in person. Please send cancellation requests to sales {at} Resellerbasket.com  Provider will remove all data belonging to the Customer from all servers and backup facilities after the cancellation date is confirmed;

19. Termination
Hosting Basket reserves the right to terminate this agreement at any time with 7 days advance notice. Hosting Basket will terminate this agreement immediately without notice in the event of a breach of the agreement unless there are specific provisions for curing this breach and these provisions are met by the customer;

20. Amounts due and collections
Termination and/or cancellation of the service does not affect the obligation of the customer to pay any and all outstanding balances and does not prevent ResellerBasket from using all legally available means of collecting any and all outstanding balances. A late fee of 1.5% per month (or maximum permitted by law) will be added to the balance. Hosting Basket reserves the right to charge attorney's fees and collection fees in addition to that;

21. Disputes
All payments to ResellerBasket are not refundable. If you dispute a charge you must pay the whole amount to avoid service interruption and notify mktg@Hosting Basket.net about the disputed amount. You will receive a response within 7 business days. Should Hosting Basket validate your claim your account will be credited with the validated amount;

22. Cut-off period for claims
All bills are final after 7 days. You will have no right to dispute any amounts after 7 days from the date of each invoice;

23. Warranties
Service is provided "as is" and Provider does not promise and does not guarantee fitness for any particular purpose, nor does Provider guarantee uninterrupted services. Provider does not make any implied or written warranties;

24. Limited liability
PROVIDER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. FURTHER, PROVIDER WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES OF THIS USAGE;

25. Technical Support
Reseller Basket provides support through; Live Chat, Email and Phone calls. E-mail support is available at: support at ResellerBasket.com

26. Excluded support
Hosting Basket will not support your customers. Hosting Basket will not support your software applications. Hosting Basket will not provide training to you on how to configure or administer your local servers. Hosting Basket will not provide support for HTML programming or any other scripting languages;

27. No excuse
Customer will make sure that he imposes and enforces the same or stricter requirements to his customers (if any) and users. Hosting Basket will not excuse customer for violations of the terms herein or the AUP by his customers or users;

28. Anti SPAM provisions
Reseller Basket takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Customers may not use or permit others to use our network to transact in UCE. Customer may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample bulk email being sent from servers.
a) Violation of Reseller Basket anti SPAM policy will result in penalties. Upon notification of an alleged violation of our SPAM policy, Reseller Basket will initiate an immediate investigation (within 48 hours of notification). During the investigation, ResellerBasket may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Hosting Basket may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Hosting Basket reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Reseller Basket will notify law enforcement officials if the violation is believed to be a criminal offense;
b) First violations of this policy will result in an "Administrative Fee" of $200/- (United States Dollar Two Hundred only) and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $400 (Dollar Four Hundred only) and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $150 (Dollar One Hundred Fifty only) per hour that ResellerBasket personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account;
c) As our Customers are ultimately responsible for the actions of their clients over the Reseller Basket, it is advisable that Customers develop a similar, or stricter, policy for their clients;
d) Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice;

29. IP Addresses
IP addresses (If stated specifically in the invoice) will be provided by Reseller Basket to customers for temporary use during the service term only. Customer will not own or claims ownership on any IP addresses with them after the termination of the service;

30. Bandwidth usage
Certain bandwidth is included in the monthly service fee [A maximum of 1 GB per site per month]. Any use beyond this amount will be charged as usage. Usage typically is billed at the end of the month irrespective of billing cycle for the preceding period. However ResellerBasket does reserves the right to charge deposits at its sole discretion for heavy bandwidth usage. Customer will be notified if Hosting Basket resorts to this provision;

31. Indemnification
Customer shall indemnify, defend by counsel reasonably accepted by Reseller Basket, protect and hold Hosting Basket and its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the services;

32. System and Network Security
Users are prohibited from violating or attempting to violate the security of the Reselle Basket. Violations of system or network security may result in civil or criminal liability. Reseller Basket will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
a) Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access;
b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
c) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing";
d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
e) Taking any action in order to obtain services to which such User is not entitled;

33. Action by ResellerBasket in case of security violation
Reseller Basket reserves the right to act immediately and swiftly in case of security violations. This may include without limitations the immediate disconnection of servers without notice, termination of services, cooperation with law enforcement, etc.;

34. Privacy
Reseller Basket will not copy and/or disclose the content of your server(s) to third parties without your permission. Reseller Basket will not monitor the content on your servers beyond reasonable maintenance and security. Reseller Basket may disclose the content of your server to law enforcement agencies only in accordance with the law;

35. Content
Customer is solely responsible for the content on the server(s) subject to the services;

36. Contacts
Company's contacts are as specified above. Customer contacts are as specified in the subscription form. It is the Customers responsibility to keep their contact information current. Non-receipt of mail due to a change in your contact information that is not reflected in our records is not an excuse for any violation or breach of our terms and conditions;

37. Waiver
A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof;

38. Venue
This Agreement was entered into in the and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the Mumbai, India applicable to contracts entered into and performed entirely within the Jurisdiction of Mumbai.









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For any question you can email us at: sales@resellerbasket.com or call: +1- 201- 535 4471  2012. Reseller Basket