ZIMHERO WEB SOLUTIONS WEB HOSTING SERVICE AGREEMENT
Please read this agreement carefully. Using services from Zimhero Web Solutions [referred to as “Zimhero”] creates an agreement to these terms. You acknowledge that You have read, understood, and agree to abide by all terms and conditions of this Agreement. This Agreement supersedes and replaces any other agreement between You and Zimhero regarding hosting services, whether oral or written.
WEB HOSTING SERVICES.
Zimhero agrees to provide web hosting services according to the terms of the agreement and your selected plan. It provides plan specifics on the services page of the Zimhero website. We shall define the web as server space and data transfer (bandwidth) allowances for displaying a business or personal website.
RESOURCE USAGE.
Your disk space quota and monthly bandwidth allowance are determined by Your hosting plan. If Your Account exceeds any of the specified usage limits for Your plan, Zimhero may assess You with additional charges,upgrade your Account to a plan with higher limits, or suspend Your Account until the start of the next bandwidth allocation. Zimhero will make every effort to notify You in advance of these actions, and work with you to determine the preferred method of resolution.
DOMAIN REGISTRATION.
At Your request, Zimhero may acquire a Domain Name on Your behalf. You agree to waive any and all claims You may have, or which may later arise, against Zimhero for any damages, losses, claims or expenses related to the registration or use ofthe Domain Name. Any costs incurred by Zimhero to obtain and/or maintain the Domain Name on Your behalf shall be charged to You by Zimhero. You will be notified when the Domain Name is due to expire, and You must provide payment for renewal prior to its expiration. Successful renewal of domain names once the expiration date isn’t
PAYMENT INFORMATION.
Hosting of your website will begin on the day that your hosting account is set up. Hosting (and Domain fees if applicable) will be invoiced at that time. It is your responsibility to ensure that your payment information is accurate and current,and that all invoices are paid on time. Payments is also created by money or mastercard. Billing can still occur til You request cancellation of service in writing.
SUSPENSION.
If You breach any term of this agreement, Zimhero may suspend Your Account. This means that your data, files, email and website will become inactive and cannot be accessed by You or web users. Zimhero may provide You with notification of such suspension, and allow You an opportunity to correct such breach orviolation. Service charges will continue to accrue on suspended accounts, and You will remain responsible for payment of these charges. If not corrected, the account may be terminated.
TERMINATION.
This agreement shall stay fully force and result till it’s terminated. Termination shall include the removal of Your information from the hosting servers. Your account may be terminated in accordance with the principles of this Agreement, or at any time with immediate effect.
1 – Non-payment will also occur on the 31st day of any past due invoice.
(i)-Failure to comply with the any provision of the agreement upon the receipt of written notice from Zimhero of said failure,
(ii)-Appointment of receiver or upon the filling of any application by client seeking relief from creditors,
(iii)-Upon mutual agreement in writing of Zimhero and client.
- Zimhero will suspend or terminate client account or service if the following is detected or reported:
(i) Adult content of any kind,
(ii) Warez or hacking or phishing sites,
(iii) Mass mail or spam sending scripts,
(iv) Proxy script, shell script, online gaming script, file/image sharing script, paid -to-surf, auto-surf, buxto, torrent scripts
(v) Sites designed to file sharing or archive or backup or mirroring purposes,
(vi) Malicious websites, and site without an index file in public _html
(vii) Clients upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable,
(viii) Harm minors in any way,
(ix) Impersonate any person or entity
(x) client forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted though the service,
(xi)client transfer, post, email, transmit or otherwise make available any materials that contains viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment,
(xii) shopper transfer, post, email, transmit or otherwise build gettable any unsought or unauthorized advertising, promotion materials, “junk mall”, “spam,” “chain letters, “pyramid schemes,” or the opposite style of solicitation, except in those square measures (such as shopping) that are selected for such purpose,
(xiii) client transfer, post, email, transmit or otherwise create convenience any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party,
(xiv) interfere with or disrupt the service or servers or networks connected to the service, or decline any demand, procedures, policies or rules of networks
DISPUTES
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this agreement, the prevailing party shall be entitled to recover all the cost, legal fees as well as any costs or legal fees in connection with any appeals.
COMMUNICATION.
You agree to receive periodic emails from Zimhero regarding our services and Your account.You agree to provide accurate account information to Zimhero, including Your Email address and telephone number. Any notice under this agreement shall be given to You via the email address you provide to Zimhero. Notice to You at this address is deemed sufficient regardless of Your receipt of such email
DISCLOSURE OF INFORMATION.
Zimhero may disclose Your Account information to law enforcement agencies without further consent or notification to You upon a lawful request from any such agency
WARRANTIES AND LIMITATIONS.
1.Many events and circumstances which may impact operation of the hosting service are beyond the control of Zimhero.
2.Zimhero shall not be responsible for any damages your business may suffer. Zimhero makes no warranties of any kind,expressed or implied for services we provide
3.Zimhero disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data, delays, non -deliveries or service interruption by any cause or errors or omission of client and any
4.Use of any information obtained by way of Zimhero is at client’s own risks, and Zimhero specifically denies any responsibility for the accuracy or quality of information obtained through its service
5.In no event shall Zimhero be liable for any indirect, special, punitive, incidental or consequential
damages, loss of profits or loss of business as the result of any such action or inaction without regard to the likelihood of any such damages.
TRADEMARKS AND COPYRIGHTED MATERIAL
1.Client warrants that it has the right to use any applicable trademarks or copyrighted materials used in connection with this service
INDEMNITY.
You agree to fully defend, indemnify and hold harmless Zimhero from and against all fees,expenses, damages and liabilities (including reasonable attorneys’ fees) associated with any third-party claim relating to use of the Services, including the result of any violation or claimed violation of any copyright or other intellectual property right of any third party.
FORCE MAJEURE.
Zimhero shall not be liable for any delays or failures in performance due to acts of God or the elements, interruption of utilities or internet service, computer failure, or other events beyond its reasonable control
AMENDMENT.
Zimhero may amend this Agreement from time to time, and will post the new Agreement on the Zimhero web site (Client Portal). Such amendments shall become effective immediately for all existing and future accounts.
ACCEPTABLE USE POLICY
Zimhero strictly enforces compliance with its acceptable use policy. You agree to maintain Your website in full compliance with the terms set forth below.Failure to comply is cause for immediate suspension and/or termination of Your account at the sole discretion of Zimhero.
You shall agree to the following:
– You agree that You will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
– You agree not to post the following types of content on Your website: pornographic, obscene or excessively profane content, gambling, illegal drugs or illegal drug use.
– You agree not to take any action which threatens, encourages or causes any harm to minors or to perform any activity which may cause harm or assists another person or group in doing so.
– You agree not to take any action which encourages or consists of any threat to harm any person or property. You also agree not to use Your account to encourage, promote or include hate speech.
-You agree not to use Your account to knowingly or otherwise permit the violation of any provision of the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM ACT) including
the following:
- False or Misleading Header Information
- Deceptive Subject Lines
- Failure to provide an opt-out method
- Failure to Identify the message as an advertisement
- Failure to include a physical Postal Address
– You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the
unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
– You agree not to collect or attempt to collect personally identifiable information of any person without their express consent. You shall maintain records of any such consent throughout the term of any agreement that You have with Zimhero and for three years thereafter.
– You agree that the server space occupied by Your account is and remains the property of Zimhero.Your use of the service is not subject to lease or any other sharing or transfer without the express consent of Zimhero