Terms of Service
This is an agreement between ZealotVPS as well as its partners on the one hand, and the User of ZealotVPS products and services on the other hand. "We", "Us" and "Our" refer to ZealotVPS as well as its subsidiaries and sister companies (collectively "ZealotVPS"). This Agreement explains Our obligations to you and explains your obligations to Us for various services offered by ZealotVPS. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional ZealotVPS service(s) or products or to cancel your ZealotVPS services (even if We were not notified of such authorization), this Agreement covers such service or actions.
1. Term of Agreement; Modification.
You agree that ZealotVPS may modify this Agreement and the services it offers to you from time to time. You agree to be bound by any changes ZealotVPS may reasonably make to this Agreement when such changes are made. If you have purchased services or products from ZealotVPS, the term of this Agreement shall continue in full force and effect as long as you take advantage of and use the products or services.
2. Accurate Information
You agree to maintain accurate information by providing updates to ZealotVPS, as needed, while you are using ZealotVPS products and services. You agree that you will notify ZealotVPS within two (2) business days when any change of the information you provided as part of the application and/or registration process changes. Failure by you, for whatever reason, to respond within two (2) business days to any inquiries made by ZealotVPS to determine the validity of the information provided by you will constitute a material breach of this Agreement. If you provide any information that is inaccurate, not current, false, misleading, or incomplete, or if ZealotVPS has reasonable grounds to suspect that your information is inaccurate, not current, false, misleading, or incomplete, ZealotVPS has the absolute right, in its sole discretion, to terminate its Services and close your account.
4. Acceptable use policy
You should use all services provided by ZealotVPS for lawful purposes only. You agree to maintain your website in full compliance with the terms listed below. By using any Services, provided by ZealotVPS you agree:
- not to violate the laws, regulations, ordinances, or other such requirements of any applicable Federal, State, or local government.
- not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing. (Learn more about it in 5. E-mail & Anti-spam policy)
- not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
- not to make, attempt, or allow any unauthorized access to ZealotVPS website, servers, your own hosting account, or the account of any other customers of ZealotVPS.
- not to allow any remote code execution of malicious software through the hosting account provided by ZealotVPS.
- not to cause denial of service attacks, port scans, or other endangering and invasive procedures against ZealotVPS servers and facilities or the servers and facilities of other network hosts or Internet users.
- not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
- not to use ZealotVPS services to host any website, other content, links, or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; are connected with child pornography; profess hatred for particular social, ethnical, religious or other groups; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; are committed in fraudulent activity; violent or encouraging violence.
- not to engage in or to instigate actions that cause harm to HostZealot or Installatronother Customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc.
ZealotVPS reserves the right to refuse service to anyone at Our discretion.
We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date unless you have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. ZealotVPS will not be liable for any loss or damages in such cases.
5. E-mail & Anti-Spam Policy
You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email.
You are prohibited from:
- Sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from you will be considered as unsolicited email messages. When using and sending mass mailings you must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to ZealotVPS. In the event that you cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited.
- Creating websites intended or likely to promote your affiliated websites or to increase the ranking of any associated sites in the search engines;
- Sending spam and unsolicited messages to weblogs or automatically publish multiple unrelated comments or promotions of commercial services to weblog sites.
- Hosting any web pages or providing any services that support spam.
- Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising").
- Usage of the ZealotVPS network and systems to receive replies to unsolicited mass e-mail messages.
- Spamming using a third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
- Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
- Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages, or text/SMS messages for sending, posting, or transmitting unsolicited bulk messages.
- Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
6. Storage & Security
At all times, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through, or stored on the server. You shall be solely responsible for undertaking measures to (i) prevent any loss or damage to your server content; (ii) maintain independent archival and backup copies of your server content, unless order backup services from ZealotVPS; (iii) ensure the security, confidentiality, and integrity of your server content transmitted through or stored on ZealotVPS servers; and (iv) ensure the confidentiality of your password. ZealotVPS servers are not an archive and ZealotVPS shall have no liability to you or any other person for loss, damage, or destruction of any of your content. The services offered by ZealotVPS are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity.
7. Third-party Software
You can use any third-party software at your own risk. ZealotVPS cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result. ZealotVPS will have no liability or responsibility for any damage, loss of data, loss of use, or other loss occurring in connection with the use of third-party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on your account apart from the initial account setup.
8. Third-party Content
If you wish to sell or resell advertising or webspace to a third party then you will be responsible for the contents of that advertising and the actions of that third party. ZealotVPS has the absolute right to reject any advertising or other third-party content that is illegal, offensive. In case of a breach of the current ZealotVPS policy or agreement, such content may result in suspension or in the immediate termination of your account. You are responsible for monitoring all domain transfers, renewals, and orders. In the event that an error occurs the account holder must notify ZealotVPS immediately. In no event shall ZealotVPS be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer, or renewal.
9. Billing & Payment
All fees for the Services shall be in accordance with ZealotVPS fee schedule, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. ZealotVPS may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due ZealotVPS remains unpaid fourteen (14) days after such payment is due, ZealotVPS, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees, and governmental charges relating to the Services provided hereunder shall be paid by you.
If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the products or services. If you signed up for a semi-annual (or longer) payment plan, and you elected the automatic renewal option, ZealotVPS will automatically renew your services when they come up for renewal and will take payment in accordance with the designated payment method at ZealotVPS 's then-current rates.
10. Affiliate Program Rules
Those participating in the affiliate program are prohibited from:
• Attracting clients by illegal means and/or by any mean that artificially increases the number of clients.
• Make copies (clones, doubles) of the zealotvps.com website. Use the domain name of zealotvps.com or ZealotVPS company name, as well as trademarks owned by ZealotVPS in contextual advertising.
• Use automatic redirects, pop-ups, and any other intrusive ad types: PopUp, PopUnder, ClickUnder, Toolbar, etc.
• Send spam mail or emails on behalf of ZealotVPS employees (email, messengers).
• Apply SMS-mailing.
• Use push ads.
• Use the Cookie stuffing (cookie dropping). If these rules are violated, HZ Hosting Ltd will suspend your participation in the affiliate program, affiliate payments will be suspended.
11. Termination & Cancellation Policy
The initial term of your agreement with ZealotVPS shall be as set forth in your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with ZealotVPS shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party as provided in this section.
This agreement may be terminated: (i) by you by submitting a ticket under Billing Issues category at least 3 working days before the account is due to renew; and (ii) by ZealotVPS at any time, without prior notice, if in ZealotVPS's judgment, you are in violation of any term or condition herein, or in ZealotVPS 's sole judgment, your use of the Services places or is likely to place unreasonable demands upon ZealotVPS or could disrupt ZealotVPS's business operations.
You may receive a refund if your account is canceled within the initial 30 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, or domain registration-related fees.
While all purchases are processed in US dollars, ZealotVPS may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between the actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, ZealotVPS makes no representations or warranties that the actual price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.
13. Refund Policy
ZealotVPS does not offer any refunds for its services.
14. Technical support
ZealotVPS provides Technical Support to you at no additional fee only for hosting-related issues. ZealotVPS has the right to decide what is a hosting-related issue and to charge additional fees or refuse support for non-hosting-related issues. Any fees paid by you for providing non-hosting-related support are non-refundable.
You can request technical support only by opening a ticket through the HelpDesk system located in the Customer area. ZealotVPS will have no liability to provide technical support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when posting a ticket. ZealotVPS will have no liability to respond to tickets opened in inappropriate categories. You acknowledge that by asking our technical representatives for technical assistance, you authorize their intervention and operation in your hosting account, Direct Admin, and/or Customer Area.
You must provide ZealotVPS with all information and access to facilities that ZealotVPS may reasonably require to provide the requested Technical Support.
You are solely liable for performing and storing a backup copy of his data, files, and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by ZealotVPS. In the event, you are not satisfied with the outcome of any technical action you shall be solely responsible for restoring the backup copies of your hosting account and uploading your website.
You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, an excessive number of tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for posting a ticket, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, hosting account suspension, or possible hosting account termination with no refund. ZealotVPS has the sole right to decide what constitutes an abuse of the HelpDesk system.
15. Disclaimer of Warranty
You agree to use all Services and any information obtained through or from ZealotVPS, at your own risk. You acknowledge and agree that ZealotVPS exercises no control over, and accepts no responsibility for, the content of the information passing through ZealotVPS's host computers, network hubs, and points of presence or the Internet. The services provided under this agreement are provided on an as-is basis. None of ZealotVPS, its parent, subsidiary, or affiliated corporations, or any of their respective employees, officers, directors, shareholders, affiliates, agents, suppliers, third-party information providers, merchants, licensors, or the like makes any warranties of any kind, either expressed or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services or any equipment ZealotVPS provides. No ZealotVPS personnel makes any warranties that the services will not be interrupted or error-free; nor do any of them make any warranties as to the results that may be obtained from the use of the services or as to the accuracy, reliability, or content of any information, services or merchandise contained in or provided through the services. ZealotVPS is not liable and expressly disclaims any liability, for the content of any data transferred either to or from you or stored by you or any of your customers via the services provided by ZealotVPS. No oral advice or written information given by any ZealotVPS employee will create a warranty; nor may you rely on any such information or advice.
The terms of this section shall survive any termination of this agreement.
16. Limitation of Liability; Waiver & Release
You agree that no ZealotVPS employee, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses, or flaws (whether known or unknown to ZealotVPS at the time) which may exist in the Services or ZealotVPS's equipment used to provide the Services.
Under no circumstances, including negligence, shall any ZealotVPS employee be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by you, any of your customers or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if ZealotVPS has been advised of the possibility of such damages. No ZealotVPS employee shall be liable to you, any of your customers or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, termination of the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, bots, worms, defects, delays in operations, denial of service attack, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to your records, programs, equipment or services.
Notwithstanding anything to the contrary in this agreement, ZealotVPS's maximum liability under this agreement for all damages, losses, costs, and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory, or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions during the twelve (12) month period prior to the date the damage or loss occurred or the cause of action arose.
You understand, acknowledge, and agree that if ZealotVPS takes any corrective action under this agreement because of an action of you or one of your customers, that corrective action may adversely affect other customers of yours and you agree that ZealotVPS shall have no liability to you, any of your customers due to such corrective action by ZealotVPS.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. The terms of this section shall survive any termination of this agreement.
17. Risk Acknowledgment (WebMoney)
Offered goods and services are not provided on order of a person or company, who runs WebMoney Transfer System. We are an independent entity providing services and making decisions about pricing and offers ourselves. Companies, running WebMoney Transfer System do not receive any commission, interest fees, or any other awards/refunds for the provided goods or services and are not liable for our activities.
Verification is done by WebMoney Transfer System only confirms the accuracy of our contact details and proves the identity. Verification is performed on our own intention and doesn't mean or show our connection with WebMoney System operators’ sales.
You agree to indemnify, defend and hold harmless ZealotVPS and its parent, subsidiary, and affiliated companies, and each of their respective officers, directors, employees, shareholders, and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Services; (ii) any violation by you of the Terms and Conditions; (iii) any breach of any representation, warranty or covenant of yours contained in this agreement; or (iv) any acts or omissions of yours. The terms of this section shall survive any termination of this agreement.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
20. Legal Age
You attest that you are of legal age to enter into this Agreement.
21. Final Agreement
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
22. No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other forms of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance, or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
24. Force majeure
ZealotVPS shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for the provision of the Services.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
Changes to the Terms and Conditions apply to you. You may review the most current version of the Terms and Conditions by visiting the ZealotVPS website. ZealotVPS may change the Terms and Conditions, in whole or in part, at any time at ZealotVPS's sole discretion. Posting of such changed Terms and Conditions on the site shall constitute notice of such changes to you, although ZealotVPS may choose additional types of notice. ZealotVPS will use reasonable efforts to provide you with 7 days advance notice of changes that materially and adversely impact your use of the Affiliate Program. Your continued use of the Affiliate Program following notice constitutes your acceptance of all changes. If you do not agree to any such changes, your sole and exclusive remedy are to deactivate your account as described above.