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Terms and
Conditions of Service |
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This Agreement
represents the complete agreement and understanding between Zantar
Productions (hereinafter called "Provider"), and
the customer hereafter called "Account Holder" and supersedes any other
written or oral agreement. Upon notice published on-line via Provider's
Website (currently http://www.ZantarProductions.com),
Provider may modify these terms and conditions, amplify them, and/or
modify the prices, as well as discontinue or change the services
offered. |
| Term |
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This Agreement between the parties
shall remain in effect between Provider and Account Holder unless otherwise canceled or modified by either party in
accordance with the terms and conditions set forth
herein. |
| General Provision of Services |
- Provider will provide services on its host computing systems to
individual Account Holders in exchange for payment of fees and
compliance with the terms and conditions of this document.
- Provider's Services are defined as the use by the Account Holders of
computing, telecommunications, software, and information services
provided by Provider. These services also include the provision of
access to computing, telecommunications, software, and information
services provided by others via the Global Internet.
- For existing clients only, Provider will publish a notice of
prices and fees changes 30 days before such changes take effect.
- Provider's setup fee does not include the InterNIC maintenance
charge of US$70 for 2 years, or any other regional registrar domain
registration fees.
- Provider reserves the right to refuse service to anyone.
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| Billing and Payment Policies
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- Provider will bill Account Holder by invoice or credit card
for all services in 1(monthly), 3 (quarterly), 6 (semi-yearly), or 12
month (yearly) cycles. Monthly billing available only when paying by
credit card.
- The accounting cycle begins on the 1st of each month. Charges for
new and properly terminated accounts are prorated.
- Payments for "Hosting Only" plans will be submitted in advance of receiving services.
- Payments for "Web Development" plans will be submitted
after receipt of development invoice.
- Payment is due at beginning of each accounting cycle.
- Delinquent accounts are those that remain unpaid 5 business days
after beginning of the next accounting cycle.
- Accounts that are delinquent may be put "on hold" with
services terminated. Accounts that are unpaid for one whole month
automatically have their files archived. Accounts that are unpaid
for 1 accounting cycle after having been archived will have their files purged. Accounts continue to
accrue charges while they are "on hold".
- There is a service restoration charge equal to one half the
currently charged monthly fee to remove accounts from "on hold" status.
- The Account Holder acknowledges responsibility for the account until
payment in full is made.
- There is a US$25.00 surcharge for each returned check.
- The Account Holder will be charged for excessive bandwidth and
disk space usage ( above the allowance of the chosen hosting package).
It is the Account Holder's responsibility to monitor the amount of
bandwidth and disk space of the account, on a daily basis. Provider has
no obligation to warn the Account Holder regarding the excessive
bandwidth and disk space usage.
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| Account Cancellations |
- Either party may terminate this Agreement at any time for any or no
reason in such party's sole discretion. Cancellation request must
be received in writing. Regular mail, email, and fax notifications
are acceptable. Regular mail and fax must be submitted to
Provider's main office. Regular mail and fax request shall contain
valid signature of the primary contact designated by the Account Holder.
Email cancellation is subject to verification. Account Holder must
ensure that account is paid in full before cancellation will be
considered complete.
- Account cancellation requests by phone will not be accepted.
- Provider will honor a 30 day unconditional money back
guarantee. The 30 days start from the day Account Holder signs up
(via the electronic order form, or by the phone, or via faxed
order) to the date valid cancellation request is received.
- For web hosting contracts of 3 months or less, the full contract
amount less any setup fees and overages will be refunded if
Provider is notified within the first 30
days following activation. No refund is available after the 30th
day.
In the event Account Holder elects to terminate this
Agreement, Account Holder shall be entitled to refund of any
prepaid amount exceeding amount due prorated up to the date valid
cancellation request is received.
In the event that Provider elects to terminate this Agreement
without cause, Account Holder shall receive a full refund of any balance
prorated up to the date of termination. However, if Account Holder
terminates this Agreement without cause, and in accordance with the
notice provision set forth herein, there shall be NO REFUND of any
remaining balance.
In the event that Provider elects to terminate Account Holder as a
result of its improper acts and breach of the terms and conditions
contained herein, Account Holder shall not be entitled to a refund of
the balance.
Setup fess are refundable only if the Account Holder cancels
the order prior to activation. In no other event shall Account Holder
be entitled to a refund of the setup fees.
Nothing in this Agreement however shall limit Provider's right to to
terminate Account Holder services immediately and without prior notice
for improper use and violations set forth herein. |
| Resale of Web Space |
| Account
Holder may not resell the web space within their own account under
the terms and conditions of this Agreement. |
| Content Policing |
- It is Provider's policy not to monitor the content of the material
Account Holders publish on Provider's servers. However, if
questionable material comes to Provider's attention, Provider reserves
the right to remove without notice any content that, in Provider's sole
opinion, may result in a violation of any federal, state, common
or international laws or regulations or that, in Provider's sole
opinion, may be offensive to Provider or anyone else.
It is Provider's policy not to allow adult sites on our servers.
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| Lawful Purpose |
- Account Holder will ensure that its use of the Internet and any
service furnished by Provider complies with all applicable federal,
state and local laws and regulations, including but not limited to all
laws pertaining to copyright, trademark, proprietary information,
intellectual property rights, defamation, tortuous interference with
business, invasion of privacy, and pornography.
- It shall be within the sole discretion of the Provider to deem
material as pornographic or inappropriate.
- In the event that Account Holder violates this provision, Provider
shall have the right to consider same a breach of this Agreement by
Account Holder which shall entitle Provider to terminate Account
Holder services immediately without prior notice.
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| Abuse of Service |
- Any use of Provider's system resources that disrupts the normal use
of the system for other Provider's customers is considered to be abuse
of system resources and is grounds for administrative intervention.
Examples of system abuse include excessive spawning of processes,
consuming excessive amounts of memory or CPU for long periods of time,
spamming or mass emailing using internal or external mail servers.
- Depending on the nature and the severity of the abuse, the Account
Holders may receive an E-mail warning or have their services suspended
by Provider's Technical Support. If the misuse is unintentional, the
services may be resumed following discussion with Provider's Technical
Support. If the misuse is intentional, the resolution is left to
the discretion of the Technical Support Manager, who may impose
service restoration charges.
- Violations of any of the Provider's conditions of use are unethical
and may be criminal offenses. When Provider becomes aware of possible
violations, Provider will initiate an investigation. At the same time,
in order to prevent further possible unauthorized activity, Provider may
suspend access to services of the individual account in question.
Confirmation of violations may result in cancellation of services
to the individual account and/or criminal prosecution. The account
services may be resumed at the discretion of the Technical Support
Manager, following payment of a service restoration charges.
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| Representation |
| Provider makes no
representations and cannot guarantee that Account Holder's domain
name does not infringe upon any trademarks, trade names, service marks or
other proprietary rights owned by a third party. |
| Indemnification |
Provider
assumes no liability for any loss, injury, claim, liability or damage of
any kind - including loss of business, lost profits, lost data, or failure
of security - resulting in any way from Account Holder's use of the Hosting, including without limitation
any errors or omissions, any content, any delay or failure of performance,
or the unavailability or interruption of service. PROVIDER SHALL NOT BE
LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE
(INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO,
RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEB HOSTING SERVICES OR
THE FAILURE OF A PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY
PARTY'S NEGLIGENCE. ACCOUNT HOLDER ALSO AGREES TO INDEMNIFY AND HOLD
HARMLESS Provider FROM ANY CLAIMS RESULTING FROM THIS AGREEMENT.
Termination of this Agreement shall be Account Holder's sole and
exclusive remedy for any and all damages or injury. |
| Disclaimer |
| With
respect to the Hosting, Provider provides services to Account Holder on an "as is" basis. PROVIDER EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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