NoMonthlyFees.com is a web hosting service. In order to maximize the efficiency with which we serve our customers and to protect the best interests of both NoMonthlyFees.com and our customers, we require all customers to agree to the terms of this document before beginning paid service with us. By placing information on our servers, you acknowledge that you have read and understand this agreement, and agree to be bound by the terms and conditions contained herein.
As a Reseller, YOU are 100% responsible for anything and everything that pertains to your MASTER account, and any RESOLD or SUB ACCOUNTS. You are totally responsible for collecting payment from your resold accounts/customers. You are 100% responsible for any damage, harm, or cost that is caused by your account or any resold accounts/customers.
2. Definitions
A "NoMonthlyFees.com" refers to the web hosting service provided by MPC Internetworks, Inc. NoMonthlyFees.com refers to both this service, and to its operating company, MPC Internetworks, Inc.
B. "Customer" refers to you, the party requesting service from NoMonthlyFees.com and using services provided by NoMonthlyFees.com.
C. "The Service" refers to the service(s) provided by NoMonthlyFees.com to its customers, including, but not limited to, the use of space on NoMonthlyFees.com internet servers for the purpose of storing data to be transmitted across the Internet, the use of NoMonthlyFees.com Internet servers to process data and return information to visitors at customer web site(s), the use of NoMonthlyFees.com domain name servers to answer domain name queries for customer domain name(s), the use of NoMonthlyFees.com domain name registration services to register a domain name(s), and the use of NoMonthlyFees.com mail servers for sending and/or receiving electronic to and/or from others on the Internet or other data networks worldwide. Additionally, the service comes standard with an Online Control Panel, which will be disabled from time to time when maintenance is performed on our systems. If a client wants the control panel enabled, client simply needs to contact company and make this request.
D. "Annual Fee" refers to the $70 Annual Domain
Registration/Maintenance Fee that each and every client must pay to
Nomonthlyfees.com in order to maintain web hosting service past the first year.
The Annual Domain Registration/Maintenance Fee is due on every Master Reseller
Account one year from the date of signing up to be a reseller.
The Annual Domain Registration/Maintenance Fee is due on EVERY Activated Account
Credit one year from Activation.
The Annual Domain Registration/Maintenance Fee is still due on an Activated
Account Credit REGARDLESS of whether or not the Account Credit is currently
being used. Once an Account Credit is activated (An Account Credit is Activated
when Master Reseller requests NoMonthlyFees.com to open a web hosting account
for an Account Credit), it will ALWAYS have an Annual Domain
Registration/Maintenance Fee every year forever. If you fail to renew an Account
Credit, it will be terminated, and cannot be reactivated.
The Annual Domain Registration/Maintenance Fee is NON CANCELABLE AND NON
REFUNDABLE. The Annual Domain Registration/Maintenance Fee covers the costs
associated with registering and maintaining your domain name on our servers, as
well as paperwork processing, etc.
If you are signing up for new service, this contract guarantees that your Annual
Domain Registration/Maintenance Fee due one year from now will cost $70. No
guarantee is made as to what the price will be for subsequent years. Annual
Domain Registration/Maintenance Fees in the future can be lower or higher.
Please ALWAYS read your contract, which will state what the Annual Domain
Registration/Maintenance Fee is for that contract.
If you are renewing your account, this contract guarantees that your Annual
Domain Registration/Maintenance Fee due one year from now will cost $70. No
guarantee is made as to what the price will be for subsequent years. Annual
Domain Registration/Maintenance Fees in the future can be lower or higher.
Please ALWAYS read your contract, which will state what the Annual Domain
Registration/Maintenance Fee is for that contract.
3. Scope of our Services
NoMonthlyFees.com will provide you with services as detailed on our website at http://nomonthlyfees.com/resellers/.
4. Term of This Agreement
This agreement has a termination date of one year after accepted by customer, and services requested by you will continue to be provided until that date in perpetuity, unless terminated by you or by us as provided for in section 6 of this document.
5. Your responsibilities
A. You MUST supply appropriate payment for
NoMonthlyFees.com service before starting use of the service.
B. You MUST maintain a separate current copy of all data stored on
NoMonthlyFees.com servers on your own computer.
Backups of new/changed data and full backups are made bi- weekly. No guarantees
are made of any kind, either expressed or implied, as to the integrity of these
backups. Backups are made for server restoration purposes only. The client is
responsible for keeping a complete and current copy of their web site files as
backup on a remote system (not on NoMonthlyFees.com Web Hosting servers).
NoMonthlyFees.com Web Hosting is not responsible for any lost files,
information, or data. NoMonthlyFees.com Web Hosting does not guarantee to
possess the most current copy of a client's website. If loss of data occurs due
to an error of NoMonthlyFees.com Web Hosting, NoMonthlyFees.com Web Hosting
will attempt to recover the data at no charge to the client. If data loss
occurs due to negligence of client in securing their account or by an action of
the client, NoMonthlyFees.com Web Hosting will attempt to recover the data from
the most recent archive for a $50.00 fee.
C. You MUST retrieve your E-Mail from our servers within 7 days and keep your
e-mail accounts clean. Any E-Mail Accounts containing e-mail that is stored on
our servers for more than 7 days may be deleted without notice. Any E-Mail
Account found to contain a virus will be deleted without notice.
D. You MUST use the service only for lawful purposes.
E. You MUST comply at all times with our policies. In agreeing, you understand
that the policies can and will change periodically without notice. A complete
and updated list or our policies is located publicly at:
http://nomonthlyfees.com/policy.html
F. You MUST NOT use or install any type of script that does any of the
following: Enable Chat, Enable Telnet Access, Redirect visitors to different
parts of your site based upon the domain name (better known as redirection
scripts, intended to enable users to give people their own domain names by
detecting the domain name they are typing in, and then redirecting them into
another section of the site... usually a directory), spamming, smurfing,
sniffing, hacking, or any other illegal act.
G. You MUST allow us to contact you in any way shape or form for purposes that
we deem appropriate within the constructs of US Law. NoMonthlyFees.com will
contact you often via email in the form of a newsletter, a notification, an
advertisement, a survey, a question, an update, and any other form of email
contact that NoMonthlyFees.com deems necessary.
H. You MUST download to your home computer and keep any necessary backup of all
raw access logs each month. In order to conserver webspace, any and all access
log files from the previous month will be deleted on the first of each month.
I. You MUST not slander, libel, threaten, or publish defamatory information
against us in any way or manner.
J. You MUST NOT abuse the server in any way shape or form.
Abuse of the system will result in a
$100 fine, and/or termination of service. Abuse is anything that causes harm to
the servers or the service provided by NoMonthlyFees.com.
K. You MUST pay any and all Traffic Violation Fees as soon as you have been
notified of a Traffic Violation. Traffic Violations are subject to the following
policy:
TRAFFIC VIOLATION POLICY: All accounts are provided with a generous 5 gigs of
traffic. Traffic means website hits, uploads, downloads, anonFTP, normal FTP,
E-Mail, Autoreponses, Returned E-Mail processing, Mailing Lists, FrontPage use,
etc. Basically, anything and EVERYTHING that ever runs through your site counts
towards your Traffic allowance of 5 gigs per month. Traffic is metered via
INTERNAL software and is extremely accurate. Client does not see or use or have
access to the same internal software that is used to meter Traffic. Client is
provided with a THIRD PARTY Site Statistics programs that is to be used for
entertainment purposes only, and is has no warranty or guarantee of any kind.
The client is responsible to notify NoMonthlyFees.com of any problems found with
the Traffic Meter using
THIS FORM. The Traffic Meter can be viewed 24 hours a day on the left hand
side of the client Online Control Panel. Client is required to check Traffic
Meter every 24 hours and to notify NoMonthlyFees.com as soon as a problem is
detected using THIS FORM.
Once a problem is brought to NoMonthlyFees.com attention, a NoMonthlyFees.com
Manager will investigate and report back to the client his/her findings. The
finding of the Manager is considered FINAL, and if an amount is due, client will
be expected to pay it immediately.
L. You MUST pay all Fees related to your account PRIOR to the date due. Our
Contract is with you, the RESELLER, and is NEVER with any resold
account/domain/client/customer. You are 100% responsible for any and all fees
related to your RESELLER account.
UNPAID Fees will be subject to
the following Past Due Policy:
Past Due Policy:
1) 1 day past due - Total Access Disabled. Master Reseller Account will be suspended, and ALL Resold Accounts will be suspended without notice. Past Due Fee of $50 added to your account balance.
2) 7 days past due - Total Access Disabled. Master Reseller Account will be suspended, and ALL Resold Accounts will be suspended without notice. Past Due Fee of $100 added to your account balance.
3) 21 days past due - All sites deleted from our system. Master Reseller Account will be deleted from our system, and ALL Resold Accounts will be deleted from our system without notice. Past Due Account Balance will be submitted to a collection agency, and will be subject to additional collections fees.
6. Service at Will
We reserve the right to refuse or discontinue service to anyone at our sole discretion. We may deny you access to all or part of the service if you engage in any conduct or activities that we believe violates any of the terms and conditions in this document, and/or our policies page. We shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that we have the right to monitor the service electronically from time to time and to disclose any information that is necessary to satisfy the law, or to protect ourselves or our customers. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole opinion, are unacceptable, undesirable, or in violation of this agreement or our policies.
You have the right to terminate your relationship with NoMonthlyFees.com at any time for any reason. You may notify us of your desire to cancel your service, in writing, via fax to (909)888-4269 or via US Mail to MPC Internetworks, Inc., 1585 South D St. Suite 205, San Bernardino, CA 92408. Refunds for unused portions of your service, if applicable, will be issued as provided for in section 7 of this document.
7. Refunds
Reseller purchases are considered final, and no refunds will be given on ANY Reseller purchase. If a Reseller attempts to refund a charge IN ANY WAY, Reseller will be in BREACH OF CONTRACT, and will be subject to a fine not to exceed $10,000.00, suspension of any and all products, services, and accounts, and permanent account termination as well as any legal ramifications for breach of contract. In addition, ANY AND ALL FINES or Additional Fees that you incur while using our service including but not limited to Spamming Fines, Traffic Overage Charges, Abuse Fines are NOT REFUNDABLE and are NOT CANCELABLE in ANY WAY. If you request and receive a Refund for your purchase, and you have not paid ALL of your Fines and/or Additional Charges, you will leave with a BALANCE DUE. Balance Due means that you will NOT be given access to files stored on our servers, and if you ever return to host with us, you MUST pay all Balance Due BEFORE you can host with us again. In addition, if you receive a refund for your $70 NON REFUNDABLE Annual Domain Registration/Administration Fee, you will leave with a BALANCE DUE, meaning, you will leave OWING us $70 and the domain name that we paid for and registered for you will be the sole property of NoMonthlyFees.com, and if you want to use the domain in the future you will have to purchase it from us for the amount $70 for one year domain registration.
Refunds resulting in OUR decision to terminate your service (as per section 6 of this document) will be issued or not, at our sole discretion.
8. Indemnification
You agree to indemnify, defend, and hold harmless
NoMonthlyFees.com and MPC Internetworks, Inc. from any and all liabilities,
penalties, losses, damages, costs, expenses, attorney's fees, causes of action
or claims caused by or resulting directly or indirectly from your use of the
service which end up damaging either you, NoMonthlyFees.com, MPC Internetworks,
Inc., or any other parties or parties without limitation or exception. This
indemnification and hold harmless agreement extends to all issues associated
with your account, including but not limited to domain name selection, site
content, site data, email, files, and any other web site content of any kind.
You agree to indemnify, defend, and hold harmless NoMonthlyFees.com and MPC
Internetworks, Inc. from any and all liabilities, penalties, losses, damages,
costs, expenses, attorney's fees, causes of action or claims caused by or
resulting directly or indirectly from NoMonthlyFees.com providing Support, Tech
Support, or Customer Service to you, or your site which end up damaging either
you, NoMonthlyFees.com, MPC Internetworks, Inc., or any other parties or parties
without limitation or exception. This indemnification and hold harmless
agreement extends to all issues associated with your account, including but not
limited to domain name selection, site content, site data, email, files, and any
other web site content of any kind.
9. Warranties
Aside from said uptime guarantee,
NoMonthlyFees.com makes no warranties or representations of any kind for the
services being offered. The service is provided on as "as is" and "as available"
basis without warranties of any kind, either expressed or implied, including but
not limited to warranties of title, non infringement, or implied warranties of
merchantability or fitness for a particular purpose. No advice or information
given by NoMonthlyFees.com or its agents or employees shall create a warranty.
NoMonthlyFees.com provides not warranty that the service will be uninterrupted
or error free or that any information, software or other material accessible on
the service is free from viruses or other harmful components. Under no
circumstances shall NoMonthlyFees.com be liable for any direct, indirect,
special, punitive or consequential damages that result in any way from your use
of or inability to use the service, or for third parties use of the service to
access your Web space, or to access the Internet or any part thereof, or your or
any third parties reliance on or use of information, services, or merchandise
provided on or through the service, or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation or
transmission, or any failure of performance. If you are dissatisfied with
NoMonthlyFees.com service or any of its terms, conditions, rules, policies,
guidelines, or practices, your sole and exclusive remedy is to discontinue using
the service.
99.9% Uptime Guarantee: NoMonthlyFees.com guarantees that its internet backbone
will stay up 99.9% of the time. If in any given month, the backbone does not
stay up for at least 99.9% of the time - NoMonthlyFees.com will upon client
providing sufficient proof of the outage provide client with one free site
submission to a minimum of 50 search engines/classified ads sites. Service
outages not relating to the internet backbone including but not limited to
client local ISP outage, hackers, acts of god, war, server hardware failures,
client computer outages, etc are not covered by this guarantee. In order to
redeem guarantee, send an email to
webmaster@NoMonthlyFees.com with the exact dates and times of outage
including proper traceroute showing the domain is inaccessible.
10. Free Domain Name Information And Instructions
NoMonthlyFees.com provides each and every fully
paid 500 meg web hosting account with opportunity to receive a free .com, .net,
or a .org domain name. You can read the Free Domain Name policy that is PUBLICLY
LOCATED HERE:
http://nomonthlyfees.com/free_domain_info.htm
11. Renewal
In order to renew this contract, you must pay a
$70 Annual Domain Registration/Administration Fee.
No guarantee is made as to what the price will be for subsequent years. Annual
Domain Registration/Maintenance Fees in the future can be lower or higher.
Please ALWAYS read your contract, which will state what the Annual Domain
Registration/Maintenance Fee is for that contract.
12. Notice Under the Electronic Communications Privacy Act (ECPA)
NoMonthlyFees.com reserves the right to monitor any and all communications through or with our facilities. You agree that NoMonthlyFees.com is not considered a secure communications medium for the purposes of the ECPA, and that no expectation of privacy is afforded.
13. Prior Agreements
This agreement supersedes any written, electronic or oral communication you may have had with NoMonthlyFees.com or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
14. Severability
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent required to make it enforceable.
15.Jurisdiction
This agreement shall be governed by the laws of the State of California.
16. Acknowledgement
By placing and continuing to maintain or place information on NoMonthlyFees.com servers, you are stating and acknowledging that you have read and understand the terms and conditions of this document and agree to be bound by them.