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home | terms of service

Terms of Service

The following terms and conditions (these "Terms") govern the provision by ZONE.NET, ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on the Server Order Form (collectively the "Service Descriptions") and defined in any of the Company's product support listing, to the customer ("Customer") identified on the Service Descriptions. The Service Descriptions, these Terms of Service (TOS), Acceptable Use Policy (AUP), Privacy Policy and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."

By submitting the online order form, Customer hereby agrees to the following Terms of Service and all items included but not limited to the Acceptable Use Policy (AUP) and the Privacy Policy: * The term of this agreement, and the provision by the Company of the services hereunder, is on a month-to-month, quarter-to-quarter, semi-annual-to-semi-annual or annual-to-annual basis and renewable on such same basis unless cancelled earlier by pursuant to the express terms of this agreement. * Customer agrees to pay for hosting services in advance of each monthly service term on the billing date specified in the invoice it receives from the Company. * Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes. * All set-up fees and monthly service fees are non-refundable. Customer shall not be entitled to any refunds, pro-rated or otherwise, in the event of early termination of this agreement by Company according to the terms herein. * Service charges will be incurred immediately at signup and are prorated by 3 days to allow for server provisioning and delivery. * Any re-installs or reloads of servers require a $20 reload fee. * Transfer requests from customers of their server from one node or location to another node or location requires a $30 transfer fee. * Non-Payment of services shall result in a $10 late fee added to the invoice. All past due accounts that have been disabled are also subject to a $20 re-connection fee. * Customer must submit service cancellations via web at http://control.zone.net by logging in with the email address and password that they signed up with and clicking on the cancel link on the bottom of their hosting products page. Any other forms of cancellation are not accepted and will be ignored. * Company is not responsible for data integrity on equipment reclaimed for non-payment. * Company reserves the right to transfer, move, migrate your server without notice to any other location or server that is owned by ZONE.NET. * Customer is responsible for security of their VPS/Dedicated server. Any breechs of security that compromise our network will be subject to a $125 network clean up fee. * Florida residents agree to pay all taxes applicable to your account. * New York residents agree to pay all taxes applicable to your account. * Customer agrees pricing and availability of hosting products may change from time to time, as amended by the company. * Customer agrees to adhere to the Company's Acceptable Use Policy (AUP), as amended from time to time by the Company. * Company reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy (AUP) and Terms of Services (TOS).

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

Indemnification
Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Limitation on Company Liability
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY'S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.

Arbitration
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Notices
Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Company as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. ZONE.NET, 125 South SR7, Suite 104-170, Royal Palm Beach, FL 33411, Attention Accounting Manager.

Free Domain For Life Offer
The Free Domain For Life offer applies only to our managed shared and reseller accounts. There is NO annual-purchase only restriction on what type of service contract is viable for this offer. This offer is valid for all pricing models including month-to-month, quarterly, semi-annually and annually. You are allowed to register through us, at the time of sign up one (1) domain with either .com, .net, .org, .biz or .info as an extension (the "Domain"). For example, you can register yourname.com or yourname.net but not both, only one (1). "Domain" is non-transferable to another registrar/server/ISP or web host and is locked. "Domain" can only be hosted on servers provided by ZONE.NET in attachment to a valid existing Shared or Reseller account. If you take advantage of our 30-day money back guarantee and your package included said "Domain" registered by us, you will receive a complete refund minus a mandatory $50 domain transfer fee. This amount will be deducted from your refund and it is not optional. ZONE.NET agrees to pay all annual registrar fees for "Domain" as long as your account with ZONE.NET remains valid and up-to-date.

Reseller Accounts
Resellers are responsible for supporting their clients. ZONE.NET does not provide support to our Reseller's Clients. We only provide support to the original Reseller customer and only for their specific account issues, not their clients or their clients domains. 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 client's behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. ZONE.NET will hold any reseller responsible for any of their clients actions that violate our Acceptable Use Policy (AUP) or this Terms of Service (TOS).

30-Day Money Back Guarantee
If for any reason you are not completely satisfied with your Shared or Reseller Hosting Plan within 30 days of purchase, we will gladly give you a refund. Please note that this policy does not apply to any Monthly Billing Cycle Product, or VPS/Dedicated Server, SSL Certificate or any extra or optional services.

SLA/99.99% Uptime Guarantee
It goes without saying that our network is connected to a large number of transit connections (multiple OC-48 backbone connections) of SBC, Time Warner, MCI, Looking Glass, Broadwing and XO Comm at our datacenter facilities. Thus, we can guarantee high speeds, reliability and continuity even in case of network failure in one of our transit providers. Our 99.99% Uptime Guarantee is second to none in the industry. This guarantee offers customers a credit of 10% of their monthly bill for each 30 minutes of network/server downtime, up to a maximum 100% of their monthly bill. The only exemptions to this guarantee are downtime due to customer fault, maintenance of our network, rebuilding of RAID arrays and voluntary downtime such as downtime associated with service/account upgrades or account migration/creation. If a solution is offered to the customer experiencing downtime (ie, duplicate VPS or duplicate shared hosting account on another uneffected system), the downtime ends from the point of delivery of said solution.

Miscellaneous
Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.

For more information please contact: support@zone.net