1 UNSUITABLE CONTENT / PRACTICES &CONSTRAINTS
To protect our clients& our servers we do not allow certain types of content under any circumstances. Most of what we disallow is the work of malicious users &hackers, which can damage the reputation of our servers, services & IP, address space.
Examples of unacceptable content or links are:
Any content described above found on ZOTO Host Ltd ‘ servers will be removed without warning& the offending account will be flagged for evaluation. In the event unlawful activity is discovered, local law enforcement will be informed.
Adult Content:
We do allow only LEGALLY acceptable adult content.
Any attempt to undermine or cause harm to a server or customer of ZOTO Host is strictly prohibited. As our customer you are responsible for all your accounts. Should you knowingly violate the Terms of Services outlined within, your account is subject to be cancelled without refund.
You MAY NOT resell web hosting space from a shared web hosting account. Any account found in violation will be notified first and then suspended if no corrective action is taken. If you wish to resell web hosting services, you need to utilize a reseller hosting account.
2 ACCOUNT PAYMENT TERMS AND PAYMENT INFORMATION
By the date of Account Activation each month, ZOTO Host Ltd shall either:
Payment shall be remitted to ZOTO Host Ltd by the specified payment due date. ZOTO Host Ltd reserves the right to immediately terminate this agreement if the client fails to make timely payments. Invoiceswill be provided on a monthly basis.
All credit cards will be billed automatically on a monthly basis. The client is responsible to ensure that there is sufficient credit to cover this transaction. In the event that credit is insufficient, we will send a notification by e-mailrequesting another credit card account number within 2 days. If we do not receive a reply within 1 day of the due date, we will suspend the account and all accounts under that account plan, for non-payment. After this, an additional 10 days will be granted for the account balance to be made current before services are terminated.
Payment Reminder Email:
A payment reminder email will be sent to you each month two weeks before the due date.
Payment Due Date:
Your service due date is displayed on your account information details. You can view the due date at any time by logging into the Account Management Portal.
Non-payment suspension:
Shared and reseller accounts must be paid no later than 10 days after the date due.
As per our Terms of Service, failure to make payment within the 10 days for shared and reseller accounts will result in account suspension. All VPS and dedicated server will be suspended 2 days after the due date.
Non-payment Termination:
Any account that has a past due balance will be terminated from the ZOTO Host servers on the 11th day after the invoice due date. All VPS and dedicated server will be terminated on the 3rd day after the invoice due date.
*** ALL ACCOUNT DATA WILL BE DELETED FROM OUR SERVERS UPON TERMINATION ***
Service Reinstatement:
If your account is terminated due to unpaid invoices, you will not be able to restore service under the current account OR any new accounts until the overdue invoices are paid. Our billing department will review accounts found to be in transgression & assign the appropriate invoices.
3 MONEY BACK GUARANTEE
We offer a 30-day Money back guarantee. If, in the first 30 consecutive days you are not satisfied with our service, you may request a refund. Refunds are only issued for website hosting accounts. This does not include services,licensing, dedicated or virtual servers. Please note: accounts on which our staff have performed migrations are not eligible for a refund of monthly service terms.
Non-refundable services/items:
Prepaid Services Refunds:
If the client has retained our services for one year and has pre-paid ZOTO Host Ltd for such services, refunds for any unused full month of the serviceswill be issued upon client’s request. Therefore, if at any point during the one-year term, the client’s account is cancelled,the client will be entitled to a refund for the remaining months, after notice is given by the 25th day of the preceding month.
*If your service includes value added services such as licenses or SSL Certificates, we will deduct the cost of these services from any refund. If the total value of the value added services is more than the refund amount, you will not be entitledto a refund. *
Multiple Orders:
As part of our refund policy, a refund is only offered on your initial order within the 14-day timeframe. For example, if you order a service & decide to cancel on the 11th day, we give you a full reimbursement. If you order a service, then order another service 6 days later but then on the 11th day decide to cancel, you will only be reimbursed for the first order.
4 ACCOUNT BACKUP SERVICES
Shared/Reseller Backups:
We provide,as a courtesy, R1Soft Backup retrieval for our clients using shared & reseller hosting. Moreover, we keep weekly & monthly backups for administration use only & disaster recovery. We strongly recommend all clients keep their own, local backups of all data.
Virtual Private Servers:
Virtual Private Servers (VPS) DO_NOT include backups with self-managed servers. We strongly recommend all clients make their own, local backups of all data. Otherwise, to augment business continuity, Storage Virtual Private Servers (SVPS) are available for an additional fee. SVPS solutions are delivered “as-is” with no guarantees for your storage.
Dedicated Servers:
Dedicated servers Do Not include backups with self-managed servers. We strongly recommend all clients make their own, local backups of all data. Otherwise, to augment business continuity, Storage Virtual Private Servers (SVPS) are available for an additional fee. SVPS solutions are delivered “as-is” with no guarantees for your storage
Backups Liabilities:
We provide backups in the services described above as a courtesy. While all care is taken to perform routine checks, we do not guarantee that our backups will always be operational. We cannot be held responsible for any corruption of backups, failed backups due to corruption or limitations in size.
5 MIGRATION SERVICES
Migrations:
Included with each client migration is a complimentary 25 domains. For additional domains, a fee of $4.00 per cPanel to cPanel domain will be charged. This fee is non-refundable fee once any data is migrated.
Non-cPanel Transfers:
A one-time fee of $19.99 per site will be charged for non-cPanel transfers.
Add-on Domains:
Add-on domain splitting – (when an add-on domain is changed into a stand-alone cPanel account) incurs a cost of $9.99 per add-on domain.
The average turnaround time for a migration is within 24-48 hours, depending on the amount of data required to move & the number of migrations in our queue. Once the migration is assigned to a technician, the technician will estimate the turnaround time required.
Migration Limitations:
While most websites & hosting accounts transfer in full without a problem, certain providers restrict access to files such as emails. Although we will make all attempts to transfer all data, in some cases we may not be able to.
The initial migration with the purchase of a hosting plan is the included migration. Migrations requested after the initial migration will incur the normal fee.
6 ADDITIONAL PRODUCT SET UPS
ZOTO Host Ltd offers product installations to provide aservice for our valued clients. ZOTO Host Ltd will not be held liable for any security breaches following the initial configuration because of non-maintained installations, 0-day vulnerability releases, unsecured/poorly written plugins, or adding additional services/features to the installation itself. Such services are provided “as is” and ZOTO Host Ltd will not be liable for any data loss in the event of a security breach.
7 ADDITIONAL PRODUCT HELP
ZOTO Host Ltd makes all attempts to provide support for the installation services offered for website solutions following the initial setup. Some areas may exceed the expertise of ZOTO Host Ltd as website hosting service. ZOTO Host Ltd does not guarantee that we can repair or customize your installation.
Included billing software:
Our company will make every possible effort to assist in troubleshooting any licensed software we include. Ultimately, all vendors provide support directly in accordance with our partnership. Any licensed software MUST be exclusively utilized on ZOTO Host Systems networks. You will not make use of any licensed software included with our website hosting on any other network as per our partnership vendor agreement.
8 PROMOTIONS, DISCOUNTS &VOUCHERS
Periodically ZOTO Host Ltd will offer special promotions. By accepting promotional item/code, you agree that this promotion is only valid for the term specified. As soon as the promotion term is finished, normal billing rates will apply. You will need to request to cancel your services prior to the next billing cycle to avoid paying normal billing rates. Unless otherwise noted, new clients are eligible to use a coupon. Should a coupon be intended for current client use, our company will explicitly note the eligibility of this coupon.
Discounts apply to new clients/signups only. You will not cancel an existing account to make new account utilizing a discount – this is coupon/discount abuse. Any account to be violation will be assessed by our billing department & an appropriate invoicing applied.
Alternatively, registering for a new account with different account information such as e-mail address, postal address to acquire a discount will be assessed by our billing department. Promotional discounts are available for new clients and are generally not valid for already established clients. Providing substitute account information to bypass our account screening processes also will result in an appropriate invoicing being applied to your account.
9 ACCOUNT REACTIVATION, LATE FEES, CANCELLATION NOTICES & TERMINATION OF SERVICES
Shared/Reseller:
There are no reactivation fees should your account be suspended & currently still residing in a production-hosting environment. When your account is terminated & you require retrieval through our Disaster Recovery backups, you will have to pay a $50 non-refundable service fee.
Dedicated Servers:
A late tax of $25 is assessed as soon as your due date passed. You will need to pay the $25 reactivation fee to have your dedicated server reactivated.
**Please note: Dedicated servers will be shut down 48 hours after the due date if payment is not made, no exceptions. **
Virtual Private Servers & Storage Virtual Private Servers:
No reactivation fees are required at this time. If the server is terminated & serves as a managed VPS, we do not store backups once the VPS is terminated. You will need to go through the initial signup & migration process after the VPS is terminated to reinstate service.
Cancellation Policy:
ALL accounts call for a 14-day cancellation notice. Cancellations will be needed to be submitted from the account management portal by means of the service details & management actions tab while logged in. We will not accept cancellations via ticket or email. This is to safeguard our clients from an unauthorized party e-mailing on their behalf and terminating the service.
10 LIABILITY ADDENDUM
ZOTO Host Ltd shall not be liable for any claimed damages, including incidental and consequential damages, that might arise from ZOTO Host.net ‘ servers going off-line or being unavailable for any reason. Furthermore, ZOTO Host.net shall not be accountable for any claimed damages, including incidental or consequential damages, because of the corruption or deletion of any website from one of ZOTO Host Ltd servers. All damages will be limited to the immediate termination of service.
11 VIOLATIONS OF THE CONTRACT
Violations of such Acceptable Use Policies should be referred to legal@zotohost.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
ZOTO Host Ltd will not be held liable for system down time, crashes or data loss. We will not be held liable for any predicated estimate of profits, which a client would have gained if their site were functioning. Certain services provided by ZOTO Host Ltd are resold. Thus, certain equipment, routing, software and programming used by ZOTO Host Ltd are not directly owned or written by ZOTO Host Ltd. Moreover, ZOTO Host Ltd takes no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as ZOTO Host Ltd sees fit.
12 TERMS AGREEMENT
By activating your account with ZOTO Host Ltd, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. However, we willadvise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
13 POLICY AMENDMENTS, UPDATES & MODIFICATIONS
ZOTO Host Ltd reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
14 SPAM, UNSOLICITED EMAILS & BULK MAIL
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ZOTO Host Ltd , but also because it can overload ZOTO Host Ltd ‘ network and disrupt service to ZOTO Host Ltd ‘ clients. In addition, maintaining an open SMTP relay is prohibited. When a complaint is received, ZOTO Host Ltd will investigate and shutdown the account that is Spamming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore ZOTO Host Ltd reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should ZOTO Host Ltd choose to pursue and prosecute.
By agreeing to this terms of service, ZOTO Host Ltd is authorized to access your accounts hosted on our networks; shared, reseller, virtual servers & dedicated servers to investigate SPAM complaints.
ZOTO Host Ltd has a zero-tolerance policy for SPAM being sent from our networks. Knowingly allowing SPAM to be sent from your server/account on our network is grounds for immediate termination without refund for any service.
15 AUDIO & VIDEO STREAMING / File Storage
We do not permit the use of our hosting for storing/streaming large audio/video files. Small files & normal web traffic streaming is allowed however, large sites with the sole intent of streaming videos are prohibited. This does not apply to “embedding” audio/video from other sites such as Vimeo/YouTube.
ZOTO Host Ltd is not for file hosting and distribution – as such, clients may not host any files larger than 1GB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, and .EXE files. If you are unsure whether your file is against this policy, please contact our support desk.
Excluded from size limits are error log files & backups generated from within the control panels located on our servers. While these items are excluded, we do not permit the use of our hosting services for storing backups. When a backup generated, it should be downloaded, then removed. Our automated systems will remove backups that have not been removed in order to ensure our backups run properly. We also do not permit the use of our servers for storing large zip or compressed files as this can also hinder the ability for us to perform backups efficiently.
16 ABUSES, MISCONDUCT &SECURITY MEASURES
ZOTO Host Ltd practices a zero-tolerance policy for abuse towards our staff. All staff members, no matter the severity of the situation are required to act in a professional manner. Abuse towards a staff member is a direct violation of this agreement & grounds for termination pending the review of a manager.
Using ZOTO Host Ltd ‘ network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language is strictly prohibited.
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message is strictly prohibited.
Gaining illegal or unauthorized access to computers, accounts or networks belonging to another partyor attempting to penetrate security measures of another individual’s system (often known as “hacking”)is strictly prohibited.
In addition, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity)is strictly prohibited.
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. In addition, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Exporting encryption software over the Internet or otherwise, to points outside the United States.
ZOTO Host Ltd reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that ZOTO Host Ltd determines to be harmful to its clients, operations, reputation, goodwill or client relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the client. ZOTO Host Ltd will not, as an ordinary practice, monitor the communications of its clients to ensure that they comply with ZOTO Host Ltd ‘ policy or applicable law. However, when ZOTO Host Ltd becomes aware of harmful activities, it may take any action to stop the harmful activity. This may include, but not be limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ZOTO Host Ltd. ZOTO Host Ltd performs automated scans for malicious files & known exploits on all servers. We reserve the right to immediately quarantine and/or remove any malicious files found on our network that can harm the reputation of any servers, IP address space or any transmissions to/from our network for client services. In the event malicious content is found on an account, you, the client, will be notified by our abuse department. This includes, but is not limited to exploited plugins, themes and any web applications that are actively engaging in malicious activity.
17 INDEMNIFICATION
ZOTO Host Ltd WordPress installation & configuration services are provided to aid in the ease of use & protection of your WordPress website. We will not be held liable for security breaches due to additional plugins, changing to less complex passwords or any exploits that are not directly related to our configuration. We outline our scope of work with clients before purchasing. The measures that are performed are strictly “preventative” measures to aid in securing a WordPress site. The addition of plugins & features to your site after the initial work is performed greatly increases the chance of exploitation. All services are performed “as-is” at the time of configuration and ZOTO Host Ltd will not be held liable after the services have been completed.
Use of ZOTO Host Ltd online form builder (JotForm) is strictly “at-your-own-risk”. While we strive to provide a secure environment, we do not recommend storing personal & confidential information such as credit card numbers, social security numbers and such in the forms. In the event of a security breach, we will not be held liable. ZOTO Host Ltd provides the online form builder (JotForm) as an added feature.
18 MONITORING &CLIENT SERVICES
ZOTO Host Ltd is also aware that many of its clients are themselves providers of Internet services, and that information reaching ZOTO Host Ltd ‘ facilities from those clients may have originated from a client of the client or from another third party. ZOTO Host Ltd does not require its clients who offer Internet services to monitor or censor transmissions or web sites created by clients of its clients. ZOTO Host Ltd reserves the right to directly take action against a client of its clients. In addition, ZOTO Host Ltd may take action against the ZOTO Host Ltd ‘ client because of activities of a client of the client, even though the action may affect other clients of the client. Similarly, ZOTO Host Ltd anticipates that clients who offer Internet services will cooperate with ZOTO Host Ltd in any corrective or preventive action that ZOTO Host Ltd deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ZOTO Host Ltd policy.
ZOTO Host Ltd will not intentionally monitor private electronic mail messages sent or received by its clients except when required to do so by law or when public safety is at stake. ZOTO Host Ltd may, monitor its service electronically to determine that its facilities are operating satisfactorily. In addition, ZOTO Host Ltd may disclose information, including, but not limited to, information concerning a client, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ZOTO Host Ltd assumes no obligation to inform the client that client information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ZOTO Host Ltd may disclose client information or information transmitted over its network if the disclosure is deemed necessary to protect ZOTO Host Ltd and others from harm, or where such disclosure is necessary for the proper operation of the system. However, ZOTO Host Ltd will never sell information to other services or outside companies.
ZOTO Host Ltd expects that its clients who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A client’s failure to comply with those laws will violate ZOTO Host Ltd policy. Finally, ZOTO Host Ltd wishes to emphasize that, in signing the Service Agreement, clients indemnify ZOTO Host Ltd for any violation of the Service Agreement, law or ZOTO Host Ltd policy resulting in loss to ZOTO Host Ltd or the bringing of any claim against ZOTO Host Ltd by any third party. This means that, if ZOTO Host Ltd is sued because of a client’s or client of a client’s activity, the client will be responsible for payment of any damages awarded against ZOTO Host Ltd, plus costs and attorney’s fees. We hope this AUP is helpful in clarifying the obligations of Internet users, including ZOTO Host Ltd and its clients, as responsible members of the Internet. Any complaints about a client’s violation of this AUP should be sent to info@zotohost.com.
19 UNMETERED FAIR USE BANDWIDTH, DATABASES, EMAIL, RESELLERS & DOMAINS POLICY STORAGE RESTRICTIONS
ZOTO Host Ltd does not set “hard” quota bandwidth limits on shared web hosting accounts. While bandwidth is “unmetered”, it does not mean “unlimited.” The fair use policy is set to protect from resource abuse. If your bandwidth usage is normal website, email & content serving traffic, we will not limit your usage. We understand there may be times when a website has higher than normal traffic which causes a bandwidth spike; this is not considered abuse.
If your website is used for uploading/downloading large files, which consume large amounts of bandwidth continuously, we reserve the right to limit your bandwidth quota to a fair amount; this is considered abuse as your hosting account is not to be used as a “file hosting service.” This is not to be confused with hosting files; you may certainly utilize your storage resources included with your plan however.
Audio/Video streaming large amounts can also be considered resource intensive and we recommend against it.
In short, if your account does not affect other client accounts, and you do not intentionally abuse this policy, you will have no problems and need not worry about bandwidth quotas.
Add-on Domains:
While we do not force strict limits on the number of add-on domains on every shared hosting account, we do reserve the right to deem a high number of add-on domains to be too many. Generally, if the add-on domains are affecting the performance of the account, we may recommend using a reseller account.
Resold cPanel accounts (resellers):
Reseller plans do not have a set limit on the number of cPanel accounts you can create. We do reserve the right to deem “too many” for accounts with a large number of resold accounts. In this case, we would recommend either an additional reseller account on a different server (a discount would apply) or upgrading to a virtual server (VPS) or a dedicated server.
These limitations are based solely on a performance & stability basis to ensure our servers run at optimal performance & availability.
Email:
Accounts that contain large numbers of email accounts are subject to the fair use policy. Accounts found having large number of connections that impact availability to email services to other clients may require an upgrade onto their own server.
Storage Use Restrictions:
We do not permit the use of hosting accounts as long-term file storage unless the files are directly related to your website. This includes ISO files, OS IMG files & cPanel generated backup files. cPanel generated backup files will be automatically removed from our servers after 24 hours due to the large amount of resources required to back up “backups”. We kindly request that after a cPanel backup is generated, that you immediately download the backup and then remove it from your hosting account. Failing to do so may prevent our R1Soft daily backups from fully completing.
20 LAW ENFORCEMENT COOPERATION
ZOTO Host Ltd will cooperate fully with local & federal law enforcement & will provide client information, client documents, files, emails & any other documents with the proper requirements upon requests & approval consultation of our attorney.
Using ZOTO Host Ltd ‘ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ZOTO Host Ltd is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
All legal matters should be directed to: legal@zotohost.com
21 RESERVATION OF RIGHTS
ZOTO Host Ltd reserves the right to:
Modify/Revise this policy at any time without notice. Refuse, cancel or suspend service, at our sole discretion (within moral reason). Access client accounts located on ZOTO Host Ltd for investigations & compliance audits
22 WEBSITE
You are fully responsible for managing, developing & the operation of your website. ZOTO Host Ltd has no responsibility of performing any tasks or maintenance to the website platform that you use to promote our services. You are also responsible for ensuring the content of your website does not violate your local laws, United States federal laws or the laws of the state of North Carolina. We require that you disclose to your website viewers that you receive compensation (affiliate referral commissions) for the links & banner advertisements placed on your website. You must include & maintain an up to date privacy policy for your website(s) that is compliant with all local & federal laws.
You, the website owner are responsible for securing & maintaining your website while hosted on ZOTO Host Ltd ‘ networks & servers. ZOTO Host Ltd is not liable for compromised websites and/or outdated scripts/content that becomes exploited.