IMPORTANT NOTICE: *All Payments To Resonance, Inc. Are Non-Refundable*
ReverbHost ("The Company"),
is a division of Resonance, Inc.
All payments must be made out to Resonance, Inc.
The Company agrees to furnish services to the Subscriber, subject to the following
TOS (Terms of Service).
Use of ReverbHost's services constitutes acceptance and agreement to ReverbHost's AUP as well as ReverbHost's TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of ReverbHost and AUP (Acceptable Use Policy). The AUP and/or TOS may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP and/or TOS by the Company shall not be grounds for early contract termination or non-payment.
Acceptance of ReverbHost's current AUP and TOS includes acceptance to any and all changes made to ReverbHost's AUP and/or TOS at any point in the future. Changes to the AUP and/or TOS are subject to be made with or without any notice. Your agreement of the AUP and TOS explicitly expresses your agreement to adhere to any and all revisions made to either ReverbHost's AUP and/or TOS.
This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, county of Cook applicable to contracts enforceable in that state. Venue will be Cook County, Illinois
Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition ReverbHost shall have the right to terminate all service set forth in this Agreement.
Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the first date of the month for that month's service.
Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 15 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to a $5.95 late fee. Accounts that are not collectable by ReverbHost may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
Refund and Disputes: All payments to ReverbHost.net are nonrefundable. This includes domain registration, domain renewal, and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in ReverbHost's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay ReverbHost an "Administrative Fee" of not less than $50 and not more than $150.
Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Cancellation: Requests for canceling accounts must be made 5 days prior to the next billing cycle. To cancel an account email support@reverbhost.com and include your full name, domain name, username/password, and payment method.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability, at its sole discretion, for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to ReverbHost.net will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
Support Boundaries: ReverbHost, provides 24 x 7 technical support to our subscribers (with some exceptions, including but not limited to holidays). We limit our technical support to our area of expertise. The following is our guidelines when providing support: ReverbHost provides support related to your virtual site's physically functioning. ReverbHost does not guarantee tech support for application specific issues such as cgi programming, html or any other such issue; however, we may provide support from time to time at our sole discretion. ReverbHost WILL NOT be held responsible for the consequence of any such advice/modifications it offers to its clients. If you can email, we encourage you to email support@ReverbHost.com for assistance. If you are able to get online and have other questions, the answers may be on our support home page at http://www.ReverbHost.com/support/ - we encourage you to check there first.
SPAM and Unsolicited Commercial Email (UCE): ReverbHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of ReverbHost may not use or permit others to use our network to transact in UCE. Customers of ReverbHost 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 will result in account termination. Violations of this policy carry severe 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.
Violation of ReverbHost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, ReverbHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, ReverbHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, ReverbHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, ReverbHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ReverbHost will notify law enforcement officials if the violation is believed to be a criminal offense.
PLEASE, DO NOT SPAM from your account.
IP Address Ownership: If ReverbHost assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to ReverbHost, and Customer shall have no right to use that Internet Protocol address except as permitted by ReverbHost in its sole discretion in connection with the Services, during the term of this Agreement. ReverbHost shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by ReverbHost, and ReverbHost reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion.
Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer (the "Agreed Usage"). ReverbHost will monitor Customer's bandwidth and disk usage. ReverbHost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ReverbHost's sole and absolute discretion. If ReverbHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, ReverbHost may, at its sole discretion, collect a deposit, in an amount determined by ReverbHost, against customer's credit card on file with ReverbHost.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the ReverbHost Network. Violations of system or network security may result in civil or criminal liability. ReverbHost 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:
Accessing data not intended for such User or logging into an account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which such User is not entitled.
ReverbHost is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Any User, which ReverbHost determines to have violated any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without notice.
Suspension of Service or Cancellation: ReverbHost reserves the right to suspend network access to any customer if in the judgment of the ReverbHost network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which ReverbHost chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's accounts were suspended.
ReverbHost reserves the right to amend its policies at any time. Failure to follow any term or condition will be grounds for immediate Cancellation.
Indemnification: ReverbHost wishes to emphasize that in agreeing to the ReverbHost Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies ReverbHost, and Resonance, Inc., for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to ReverbHost or the bringing of any claim against ReverbHost, or Resonance, Inc., by any third-party. This means that if ReverbHost, or Resonance, Inc., is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ReverbHost, plus all costs and attorney's fees.
Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
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.
Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
ReverbHost takes no responsibility for any material input by others and not posted to the ReverbHost Network by ReverbHost. ReverbHost is not responsible for the content of any other websites linked to the ReverbHost Network; links are provided as Internet navigation tools only. ReverbHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
ReverbHost is not responsible for any damages your business may suffer. ReverbHost does not make implied or written warranties for any of our services. ReverbHost denies any warranty or merchantability for a specific purpose. This includes but is not limited to the loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ReverbHost.
It is absolutely forbidden to host pornographic, adult, and/or illegal content on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.
Responsibility for Content: You, as ReverbHost's customer, are solely responsible for the content stored on and served by your ReverbHost account.
ReverbHost is not responsible for creating, editing, designing, or in any way assisting in the modification or creation of your website. If you are in need of such service, email sales@reverbhost.com and we will provide you with a quote.
All content, graphics, scripts, text, logos, etc found on this site that are
not expressly noted otherwise are property of Resonance, Inc. No part of this
site may be reproduced in part or whole without prior written consent.