Terms of Use

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Overview

The following are the terms of an agreement between you and ZozSoft. By accessing, or using this Web site, you acknowledge that you have read, understand, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site. ZozSoft may, without notice to you, at any time, revise these Terms of Use and any other information contained in this Web site. ZozSoft may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General

This Web site contains proprietary notices and copyright information, the terms of which must be observed and followed. Please see the tab entitled “Copyright and trademark information” for related information. ZozSoft grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a customer or potential customer of ZozSoft provided you comply with these Terms of Use, and all copyright, trademark, and other proprietary notices remain intact. You may only use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and ZozSoft may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited. Except for the limited permission in the preceding paragraph, ZozSoft does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media. Your failure to comply with such terms or any of the terms on this site will result in automatic termination of any rights granted to you.

Disclaimer

From time to time, this Web site may contain technical inaccuracies or typographical errors, and we do not warrant the accuracy of any posted information. Please confirm you are using the most up-to-date pages on this Web site, and confirm the accuracy and completeness of information before using it to make decisions relating to services, products, or other matters described in this Web site. If any term in this Terms of Use is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this Terms of Use will be unaffected, provided that such unenforceability does not materially affect the parties’ rights under this Terms of Use.

Transfers

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer even under paid transfers. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

Foreign Currencies Exchange Rates

Exchange rates for international currencies other than U.S dollars are not constant and unavoidable. All prices listed are in US Dollars ($), for all services & server locations unless otherwise specified. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and ZozSoft is not responsible for any change in exchange rates between the time of payment and the time of refund.

Content

All services provided by ZozSoft may only be used for lawful purposes. The laws of the International rules and regulations apply. The customer agrees to indemnify and hold harmless ZozSoft from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information required. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups. Adult Websites Hosting, X rated content including photos, videos, streams and links are not allowed by law on the Servers. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. You may signup with Zozsoft.com if you wish to host legal content on your site. Hosting such illegal content on the servers would result in termination of your services without notice and the account won't be eligible for refunds of any kind due to the nature of the offence being serious. Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers. WAP Websites Distributing Copyrighted Music,Games,Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • Email Marketing
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden
  • Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (irc servers)
  • Email Marketing
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Site
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

ZozSoft services, including all related equipment, networks and network devices are provided only for authorized customer use. ZozSoft systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ZozSoft system(s) constitutes consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. ZozSoft may, at its discretion, request and require documentation to prove access to a third party network or system is authorized. We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours. Sites hosted on Zozsoft.com's service(s) are regulated by International standards and law. If in doubt regarding the acceptability of your site or service, please contact us at [email protected] and we will be happy to assist you. Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.

Unlimited Features

At ZozSoft, we want our hosting service to be fast, stable and available for our customers at all times. ZozSoft views the vast majority of customers should not suffer from a slower service and interruptions because of a very small number of high resource users. We do not set any limits on the disk space and bandwidth (data transfer) that we provide in plans that are marked "Unlimited". Even though we want you to succeed, we need to ensure that we're providing all of our customers with optimum service.As such we do require all of our customers to be fully compliant with our Fair Usage Policy/Terms of Service and utilize disk space and bandwidth related to normal operation of a personal or small business website. Customer agrees that Customer shall not use excessive amounts of CPU processing on any of Company's servers. The maximum number of files is 50,000 per account. ZozSoft is authorised with the proper rights and monitor Customer's disk usages & bandwidth. Actions may be taken in our company’s sole discretion, terminate access to the Services or apply additional charges, remove or delete User Content for those accounts that are found to be in violation of our€™ fair usage policy & terms and conditions.

Security

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

ZozSoft reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.ZozSoft reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of ZozSoft.

You agree to supply appropriate payment for the services received from ZozSoft, in advance of the time period during which such services are provided. You agree that until and unless you notify ZozSoft of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed. As a client of ZozSoft, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify ZozSoft of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by ZozSoft. ZozSoft reserves the right to bill your credit card or billing information on file with us. ZozSoft provides a 5 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 5 days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to ZozSoft for services rendered. Access to the account will not be restored until payment has been received.

It is the customer's responsibility to notify our sales team via email at [email protected] after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and ZozSoft cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal. Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at [email protected] for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact [email protected] ZozSoft reserves the right to change the monthly payment amount and any other charges at anytime.

Backups and Data Loss

Your use of this service is at your sole risk. Our backup service is ran on Sunday or a weekend day of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. ZozSoft is not responsible for files and/or databases residing on your account. You agree to take full responsibility for files and databases transferred and to maintain all appropriate backup of files and databases or any other form data stored on ZozSoft servers.

Cancellations and Refunds

ZozSoft reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. It is the client's responsibility to maintain decency and politeness when communicating with our staff irrespective of any issues you have. Each of our communication channels are monitored with proper logs to trace any staff abuse by clients including verbal abuse using our phone system. We reserve the right to suspend or terminate your services without notice if you are found guilty of this offence. No refunds will be made in such cases irrespective of your signup date.

Customers may cancel recurring dedicated or any hosting services at any time via a cancellation form.

There are no refunds on all our services.

Resource Usage

Shared hosting user may not:

  • Use 20% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities.
  • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • Run cron entries with intervals of less than 30 minutes.
  • Run any MySQL queries longer than 30 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php").
  • To help reduce usage, do not force html to handle server-side code (like php and shtml).
  • Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Backup Limit

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of Databases continuing to be backed up. All data will continue to be mirrored to a secondary drive which helps protect against data loss in the event of a drive failure.

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.

Money Back Guarantee

On all our services there is no full refund will be honored. We reserve the right to refund a prorated amount or no refund at all.

Uptime Guarantee

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of ZozSoft dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact [email protected] with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. ZozSoft does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. ZozSoft will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Shared (non-reseller accounts)

Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

Dedicated Servers

ZozSoft reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. ZozSoft reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution. Please contact [email protected] if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

Note : If a client using dedicated server hosting and involved in any spamming activities or phishing/attacking, the abuse reports are highly chargeable and subject to termination without any prior notice.

Confidential Information

ZozSoft does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to ZozSoft will be deemed NOT to be confidential. By sending ZozSoft any information or material, you grant ZozSoft an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that ZozSoft is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicise the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to ZozSoft for the purpose of receiving products or services will be handled in accordance with our privacy policies. Please see the tab entitled “Privacy” for information regarding ZozSoft’s privacy policies.

Global Availability

Information ZozSoft publishes on the Internet may contain references or cross references to ZozSoft products, programs and services that are not announced or available in your country. Such references do not imply that ZozSoft intends to announce or make available such products, programs, or services in your country. Please consult your local ZozSoft business contact for information regarding the products, programs, and services that may be available to you.

Business Relationships

This Web site may provide links or references to non-ZozSoft Web sites and resources. ZozSoft makes no representations, warranties, or other commitments or endorsements whatsoever about any non-ZozSoft Web sites or third-party resources (including any Lenovo Web site) that may be referenced, accessible from, or linked to any ZozSoft site. In addition, ZozSoft is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from an ZozSoft site. When you access a non-ZozSoft Web site, even one that may contain the ZozSoft-logo, please understand that it is independent from ZozSoft, and that ZozSoft does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, Trojan horses, and other potentially destructive programs, and to protect your information.

Linking to this site

ZozSoft consents only to links to this Web site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with ZozSoft; (c) imply that ZozSoft approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about ZozSoft or otherwise damage the goodwill associated with the ZozSoft name or trademarks. As a further condition to being permitted to link to this site, you agree that ZozSoft may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of ZozSoft trademarks.

DISCLAIMER OF WARRANTY

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. ZozSoft EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ZozSoft MAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES FROM THIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZozSoft BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEB SITE OR ANY USE OF THIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ZozSoft IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.