Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others. If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and Reprise Hosting's Acceptable Use Policy (AUP), including SPAM, and all disconnect and reconnect fees associated with violations. Reprise Hosting does not harden or enable additional server security software outside of operating system defaults.
The following terms constitute an agreement between you and Reprise Hosting, LLC. ("Reprise Hosting"). These Terms of Service govern your use of the services provided by Reprise Hosting (the "Services").
BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP, and that you consent to resolve in Sussex County, Delaware any dispute that you may have with us, our suppliers, or the Services. Please note that we offer the Services "AS IS" and without warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Reprise Hosting's Responsibilities
Reprise Hosting agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. Reprise Hosting reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of Reprise Hosting.
Changes to Terms of Service
Reprise Hosting's Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of Reprise Hosting. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
No Services rendered by Reprise Hosting are eligible for a refund. Prepayments, overpayments and account credit are ineligible to be refunded, or transferred to alternate accounts. Any and all charge disputes must be reported directly to Reprise Hosting within thirty (30) days of the date which the charge originally occurred. If a charge which is deemed valid by Reprise Hosting, and validated by our Terms of Service or AUP, is disputed to a financial institution by performing a charge-back, then the client agrees to pay an 'Administrative Fee' of $200 in addition to original amount of funds which were reclaimed.
'New Customer' Money Back Guarantee
New customers with no prior service history and who present a valid deficiency with the service rendered by Reprise Hosting within 10 days of sign-up, may be granted a refund. Any refund will be issued at the sole discretion and judgment of Reprise Hosting. Costs associated with additional IPv4 allocations and software licenses (e.g., cPanel) will be excluded from any such refund. Users suspended or terminated as a result of terms of service or acceptable usage policy violations will not be eligible for a money back guarantee refund. Furthermore, any customer who makes use of the Reprise Hosting complimentary website migration service or receives a complimentary OS re-installation is also not eligible for a money back guarantee refund.
In the event a service is suspended for non-payment, it will be subject to termination four (4) days from the time of suspension. At which time, a termination fee of $25 may be applied to the account which must be paid within 15 days to avoid full account suspension. Reprise Hosting assumes no liability for the integrity of the data stored on a suspended server.
Reprise Hosting requires a ten (10) day notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A ten (10) day notice before the upcoming billing date is also required for any downgrades. All client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within ten (10) days, the server will still be canceled however a termination fee of $25 per server will be applied to the account and must be paid within 15 days to avoid full account suspension.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of Reprise Hosting. All information available to Reprise Hosting about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad.
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES 'AS IS', 'WITH ALL FAULTS' AND 'AS AVAILABLE'. WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A P ARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A REPRISE HOSTING LLC REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES' AND OUR SUPPLIERS' AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Reprise Hosting provides hardware support related to each direct client's service functioning. Reprise Hosting does not offer software support of any kind. Reprise Hosting does not provide software support/troubleshooting for the software items chosen from the order form. Reprise Hosting only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. Reprise Hosting is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by Reprise Hosting or the client. Reprise Hosting may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. Each client is eligible for one (1) complimentary operating system ('OS') reload per billing cycle; each additional OS reload is subject to a $20 fee per reload. Installation of an unsupported OS is subject to the prior approval of Reprise Hosting and to a $20 fee. Reprise Hosting does not provide any type of support to the clients of our clients (third party clients). Reprise Hosting will only provide support directly to clients of Reprise Hosting.
Abuse/Spam/Bulk Email Policy
Reprise Hosting reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.
The following actions will be taken on a case-by-case basis:
Reprise Hosting handles any and all Digital Millennium Copyright Act ('DMCA') complaints very seriously, and will thoroughly investigate each complaint received. Reprise Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation.
The following actions will be taken on a case-by-case basis:
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of $0.25 (twenty five cents) over the allotted bandwidth on the service. Reprise Hosting reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. Reprise Hosting is not responsible for spikes in bandwidth that are caused on a client's service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
Clients agree to submit to identity verification measures, designed for both the security of the client as well as the security of Reprise Hosting. The identity verification measures may include the faxing of two forms of government issued identification to Reprise Hosting, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
Reprise Hosting keeps all client information private and will not publicly disclose that they are providing services to the client unless permission is received on a case-by-case basis. Reprise Hosting reserves the right to use client quotes for promotional uses. Such quotes will be anonymous unless the client agrees to disclosure of their name.
All communications from Reprise Hosting and the client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, 'Notices'). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh-based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the 'Terms of Service' link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Choice of Law and Location for Resolving Disputes
Statement of Purpose
The Primary Purpose of Reprise Hosting is to provide our clients with the resources necessary to put their Internet services online reliably in a lightning fast, high availability environment that responds quickly to each client's individual needs.
Regarding Ultimate Liability
The client is ultimately responsible for individual server security. Reprise Hosting disclaims all liability for server content.
All clients are allowed access to the public and private network; however misuse of the network in any way, including interference, will result in a violation of this AUP. All violations of this AUP shall be subject to review by Reprise Hosting, and an appropriate course of action shall be taken as determined by Reprise Hosting in its sole discretion. Proper use of public network must comply with all local, state, and federal laws. Clients assume full liability for all content which they place on the server. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting is deemed a violation of this AUP. BitTorrent, P2P file-sharing, Usenet, TOR, open proxies, CamFrog, digital currency mining, distributed CPU computing, and port scanning are also strictly prohibited. Reprise Hosting does allow IRC, game servers, and legal adult content.
Any type of sabotage, regardless of intention, shall be grounds for termination of an account. This includes but is not limited to abuse of the remote reboot system by using it multiple times in a very short amount of time for improper reasons.
Clients are required and obligated to maintain all security on their servers. Any and all additional charges that are incurred due to client lack of monitoring or security are the responsibility of the client.
Reprise Hosting does not actively monitor the content on its servers. Dedicated server content will only be reviewed upon complaint. Content that does not violate local, state and federal law or this AUP or the Terms of Service is deemed in compliance and shall remain intact. If content is deemed to be in violation of this AUP or the Terms of Service, it shall be reviewed by Reprise Hosting, and a course of action shall be taken to correct the problem, which may result in termination of the account or service.
If any client or any third-party user that is a customer of our client uses Reprise Hosting services, network, or its physical infrastructure in a manner that causes Reprise Hosting, or any IP addresses issued by Reprise Hosting to be "blacklisted" or "blocked", Reprise Hosting reserves the right to suspend or terminate services of such client and/or suspend or terminate the access to services, network, and/or its physical infrastructure. Operating Reprise Hosting service on behalf of, or in connection with or reselling any service to persons or firms listed in the Spamhaus Register of Known Spam Operations database at www.spamhaus.org shall constitute a violation of this AUP.
All IPs addresses issued by Reprise Hosting are the sole property of Reprise Hosting. Clients retain no ownership rights to any IP addresses issued by Reprise Hosting. Clients may not transfer IPs from Reprise Hosting. Any client purchasing over 16 IP addressed in addition to their server may be required to submit ARIN justification forms as well as submit to additional terms depending on the number of IP addresses desired. For more information about IP Addresses, please contact [email protected].
Reprise Hosting may be required by law to submit client information to law enforcement officials, when presented with a valid subpoena from a court with proper jurisdiction. In such event, the information requested is disclosed as directed pursuant to the subpoena. The safety and privacy of any client will only be compromised by the court order of a subpoena. Reprise Hosting will notify the client of the information request as allowed by the subpoena.
Any Claim of Violation of this AUP that is being submitted by a third party must include the name and contact information of the complaining party, the IP address from which the alleged complaint originated, and a description of the violation. This AUP applies to all users of servers provided by Reprise Hosting, including without limitation the customers, clients and other users of our clients.
Reprise Hosting reserves the right, at its sole discretion, to refuse new service to any individual, group, or business. Reprise Hosting also retains the right to discontinue service for any client for any reason or no reason and at any time, including without limitation for violation of this AUP.
Reprise Hosting guarantees a 99.9% monthly network uptime per this Service Level Agreement (from here on referred to as "SLA"). Please note that terms and conditions apply.
|Reprise Hosting Uptime||SLA Credit|
|99.9% and above||0%|
|97.0% and below||50%|
Reprise Hosting 99.9% Network Uptime SLA consists of 4 parts:
|Replacement/Upgrade Guarantee||SLA Credit|
|4 Hours or Less||0%|
|Over 8 Hours and up to 12 Hours||20%|
|Over 12 Hours and up to 24 Hours||40%|
|Over 24 hours||50%|