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TERMS OF SERVICE

Rules and regulations to know befor you buy ZeoHost Services


1. Overview

The following terms and conditions (these “Terms”) govern the provision by ZeoHost hereinafter referred to as “ZeoHost”, of the services and/or products (referred collectively herein as “Services and Products”) described on the Product Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement”. ZeoHost caters to people from across the globe and we strive to safeguard the interest of each client and provide them with the best possible service. These terms of service were defined in order to ensure that our services remain of world class quality. Terms of Service or TOS define the rule and regulations for using our web hosting services. All of our services are subject to the terms defined here under. Please read all the terms carefully and make sure you understand and agree to all the terms and conditions in its entirety. Signing up for using ZeoHost Service implies that you agree with all these terms and are bound by the same.

2. Services

ZeoHost provides a number of services to its customers. The services and products provided to you by ZeoHost, as set out on our website, are referred to as the Services. We provide the Services to you based on the description of them on our website as of the Effective Date. Should our website change subsequent to the Effective Date, we have no obligation to modify the Services to reflect such a change. The Services may be provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. We will use commercially reasonable efforts to inform you of those changes. However, you may not terminate this TOS based on such a change by a third party.

3. Account Setup

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.

4. Content

All services provided by ZeoHost may only be used for lawful purposes. This includes, but not limited to: copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless ZeoHost from any claims resulting from the use of our services.

Examples of Unacceptable Material:

5. Zero Tolerance Spam Policy

I. ZeoHost (“the Company”) maintains a zero tolerance policy for use of its network in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail (“SPAM”). You may not use any our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network may not:

II. The Company does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. the Company does not permit or authorize others to use its network to collect, compile or obtain any information about its customers or subscribers, including but not limited to subscriber e-mail addresses, which are the Company’s confidential and proprietary information. Use of our network is also subject to our Acceptable Use Policy, Policy Statement and Terms of Use and Notices.

III. The Company does not permit or authorize any attempt to use its network in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any the Company product or service.

IV. We monitor all traffic to and from our servers. Customers suspected of using the Company’s products and services for the purpose of sending SPAM will be investigated. It is the Company’s policy to immediately remove and deactivate any offending web site sending SPAM.

V. Customers may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. The Company may consider the lack of such proof of explicit affirmative permission of a questionable mailing.

VI. Customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

VII. Customers are prohibited from providing hosting services for websites that have been included in SPAM. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.

VIII. If the Company believes that unauthorized or improper use is being made of any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. The Company may immediately terminate any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

XI. The Company reserves the right to suspend and/or cancel permanently any and all services provided to a User without any notification. If a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in the Company's sole judgment, could disrupt the Company's business operations, the Company reserves the right to charge such Customer an administrative fee equal to $10000 per each piece of SPAM sent.

X. To report an incidence of SPAM, please send an email to abuse@zeohost.com.

XI. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network. Failure to enforce this policy in every instance does not amount to a waiver of the Company’s rights.

XII. Unauthorized use of the Company’s network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by state and federal laws.

6. Payment Information

You agree to supply appropriate payment for the services received from ZeoHost, in advance of the time period during which such services are provided. You agree that until and unless you notify ZeoHost of your desire to cancel any or all services received, those services will be billed on a recurring basis. Billing of the activated service will be charged from the day of service provision. ZeoHost reserves the right to change the monthly payment amount and any other charges at anytime.

ZeoHost generates invoice of the services 5 days before due date. And Invoice payment reminder is sent 3 days prior to the due date. ZeoHost will be charging 15% late fees to any overdue invoices of the services after 1 day of due date. Customer acknowledges to clear the total overdue invoice, along with the late fees charged. In case, you are not able to pay the due invoice, due to unavoidable circumstances like being out of station, Payment Gateway Account Limited, Credit Card Expired Etc., In such cases client needs to inform our billing department with prior notice on delay payment and requesting to remove late fees applied. ZeoHost holds sole right to accept or deny the request.

7. Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. ZeoHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ZeoHost Servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by ZeoHost.

8. Cancellation and Refunds

ZeoHost reserves the right to cancel the account at any time. Customer acknowledges that a minimum of 12 days cancellation notice prior to the following renewal term must be given in writing to ZeoHost or the Customer will be responsible for full payment of the following term.

The Cancellation Request Will Be Subject to the Following Guidelines:
Refunds:

ZeoHost gives you full refund on first 15 days moneyback guarantee on all the webhosting services except dedicated servers. Payment made for Domain registration, Product Addons, Management Services DO NOT come under refund policy, domain name can be transferred to client after 60 days of the subscription.

Accounts Suspended/Canceled/Terminated by ZeoHost DO NOT qualify for our “45 Day Money Back Guarantee”. This also includes accounts suspended for TOS violations, in which the customer decides not to fix the violation. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. The MoneyBack Gurantee applies on only first service ordered, does not apply on second or other multiple services ordered in future.

Additional/Advance/Credit funds payment made by the client for future months do not include in refund policy. The client holds sole responsibility for making the advance payments towards the services. In case client chooses to cancel all the active services and still the funds remain in the client credit system. Client can only utilize the credit funds for the future service orders and ZeoHost will not be liable to refund such amounts.

Free Domains are available for the life of the Hosting Package. If a customer cancels at anytime ZeoHost will require full payment for the cost of the domain of the first year to retain ownership of the domain. Any refund requests will automatically minus the cost of the free domain.

9. Chargebacks And Payment Disputes

Under this Terms of Service agreement you must first contact ZeoHost to attempt to resolve any billing disputes before contacting your bank or credit card company to dispute the charges. You further agree that any billing disputes must be submitted in writing to our administration department within one month of the invoice payment in question.

By using our services You agree to the above policy and to contact ZeoHost before contacting your financial institution to seek a resolution. In the event you dispute charges contrary to this agreement, we reserve the right to refer your account or sell your debt (plus any applicable fees) to a third party collection agency. We also reserve the right to take further legal action against you.

10. Instant Setup

Instant Setup is just an auto process to complete the Domain Registration, Shared and virtual-private-servers Hosting order. This auto process sometimes fails due to certain conditions given below:

11. Resource Usage Policy

Your use of the Services are governed by our Acceptable Use Policy (AUP) and Privacy Policy which are incorporated into this TOS by reference. In the event of inconsistencies between this TOS and the AUP, on the one hand, or the Privacy Policy, on the other, the AUP or Privacy Policy shall govern.

Permitted CPU and Disk Usage:

The terms “unlimited” and “unmetered” are defined by our experience with bulk number of clients situated similarly. This means that your use of our resources may not exceed that of similarly situated customers. Examples of primary purposes for an account that are not allowed include, but are not limited to:

ZeoHost expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. ZeoHost may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of ZeoHost's terms and conditions.

Shared web hosting accounts are allowed to use a maximum of 2,50,000 inodes and 20-35 concurrent HTTP connections to the server. Managed Wordpress Hosting accounts has 4,50,000 inodes and 35-50 concurrent HTTP connections to the servers. Backups older than 30-days in a customer account may be removed from the server at our discretion. Complimentary Server Rewind for shared web hosting backups are limited to a 40GB quota. If you exceed 40GB of disk usage in your account, your account will no longer be backed up. Please download any cPanel backups and store them locally.

Bandwidth Usage:

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Word "UNMETERED BANDWIDTH" And “UNLIMITED BANDWIDTH” is assigned to very high bandwidth allocated hosting plans.

Where the user is able to use high bandwidth upto max 20TB/Month on fair usage policy (Only Applies to Shared, Reseller, virtual-private-servers Services). Once this Limitation is reached the service is automatically suspended. To reactivate the service, you need purchase Bandwidth Packages with respective fees allocated to the packages. Until then the service will be remained closed/suspended. Very High bandwidth users are suggested to upgrade their service to 100TB Dedicated Hosting or Unmetered Dedicated Hosting. Incase of any over usage of bandwidth ( More then 20TB ) client/reseller will be charged with $0.15 USD/GB. Should a client/reseller utilize or require large amounts of bandwidth, beyond the standard bandwidth allocation. ZeoHost may require a deposit.

12. Price Change

ZeoHost reserve the right to change prices listed on ZeoHost, and the right to change the amount of resources given to plans at any time. Contract pricing customers will not be affected by any price change throughout the contract period. The amount you pay for hosting will never increase from the date of purchase.

13. Uptime Guarantee SLA

ZeoHost strives to maintain a 100% Network and Server Uptime Service level.

This uptime percentage is a monthly figure, and is calculated solely by ZeoHost monitoring systems or ZeoHost authorized/contracted outside monitoring services. If ZeoHost fails to meet it's 100% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. ZeoHost does not credit a full month's service for minor downtime. This would not be financially healthy for ZeoHost, and in turn would only negatively affect the service level ZeoHost provides to you. "Partial credit for partial downtime"is our standard policy. In extreme circumstances, ZeoHost may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one months service only, never more.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the ZeoHost network caused by or associated with:

UPTIME CREDIT
99.1% to 99.9% 0%
98% to 99% 5%
95% to 97.9% 10%
90% to 94.9% 25%
89% or below 100%

14. Licenses and Intellectual Property

ZeoHost grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by ZeoHost solely to access and use the Services. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in ZeoHost's technology shall remain with ZeoHost, or ZeoHost's licensors. You are not permitted to circumvent any devices designed to protect ZeoHost, or its licensors', ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.

We may provide technical support, implementation, customer service or administrative information to you. This information is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products and services. We shall be the exclusive owners of this intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us.

You grant ZeoHost, and any third parties used by ZeoHost to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Services. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you, or your licensors.

15. ZeoHost's Representations and Warranty

ZeoHost warrants that it will perform the Services in accordance with other similarly situated companies. To make a warranty claim, you must notify ZeoHost in writing within 30 days of the date ZeoHost's alleged breach. Your exclusive remedy, and ZeoHost's sole obligation, in the case of a breach of warranty is, at ZeoHost's option, to
(i) reperform the Services; or
(ii) issue you a credit based on the amount of time the Services were not in conformity with this warranty, subtracted (“pro-rated”) by the amount of time they were in conformance. For the purposes of ZeoHost's warranty, the following issues shall not constitute services within the definition of “similarly situated companies”: up-time, “up-time guarantees” or other items for which ZeoHost provides a service level agreement, regardless of whether a service level agreement is, or was, available for the Services.

Services provided by third parties are expressly excluded from this warranty.

16. Your Representations and Warranties

You represent and warrant to ZeoHost that:
(i) You have the experience and knowledge necessary to use the Services;
(ii) You understand and appreciate the risks inherent to you, your business and your person, that come from using the Services in particular, and doing business on the Internet in general;
(iii) You will provide us with material that may be implemented by us to provide the Services without extra effort on our part; and/or
(iv) You have sufficient knowledge about administering, designing and operating the functions facilitated by the Service to take advantage of the Service.

17. Changes To The TOS

ZeoHost reserves the right to revise its policies at any time without notice. Questions? Please feel free to Contact Us for any clarifications regarding this agreement, preferably before signing up.

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