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Terms and Conditions of Service

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

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
  1. 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.
  2. 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.
  3. For existing clients only,  Provider will publish a notice of prices and fees changes 30 days before such changes take effect.
  4. 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.
  5. Provider reserves the right to refuse service to anyone.
Billing and Payment Policies
  1. 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.
  2. The accounting cycle begins on the 1st of each month. Charges for new  and properly terminated accounts are prorated.
  3. Payments for "Hosting Only" plans will be submitted in advance of receiving services. 
  4. Payments for "Web Development" plans will be submitted after receipt of development invoice.
  5. Payment is due at beginning of each accounting cycle.
  6. Delinquent accounts are those that remain unpaid 5 business days after beginning of the next accounting cycle.
  7. 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".
  8. There is a service restoration charge equal to one half the currently charged monthly fee to remove accounts from "on hold" status.
  9. The Account Holder acknowledges responsibility for the account until payment in full is made.
  10. There is a US$25.00 surcharge for each returned check.
  11. 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.
Account Cancellations
  1. 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.  
  2. Account cancellation requests by phone will not be accepted.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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
  1. 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.
  2. It is Provider's policy not to allow adult sites on our servers.
Lawful Purpose
  1. 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.
  2. It shall be within the sole discretion of the Provider  to deem material as pornographic or inappropriate.
  3. 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.
    Abuse of Service
    1. 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.
    2. 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.
    3. 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.
    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.
     
     

    Zantar Productions
     
    34 Lyman Street
    North Attleboro, MA 02760 USA

    Sales and General Information:: Webmaster@ZantarProductions.com
    SUPPORT: Support@ZantarProductions.com
    Telephone: 508-699-0411

    Copyright © 2004 Zantar Productions
    Last modified: March 21, 2004                                    David R. Johnson