TERMS OF SERVICE

 

GENERAL

By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. ZetServers.com reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes. Your continued use of ZetServers.com following the posting of any changes to these terms will mean you accept those changes. By using this site you expressly agree that use of ZetServers.com is at your sole risk. Neither ZetServers.com, nor its affiliates, nor any of its officers directors, or employees, agents, third-party content providers, licensers, sponsors, merchants, or the like, warrant that ZetServers.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of ZetServers.com and its services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through ZetServers.com.

DISCLAIMER

ZetServers.com is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by ZetServers.com nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty; nor shall you rely on any such information or advice. Under no circumstances shall ZetServers.com or any other party involved in creating, producing, or distributing ZetServers.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use ZetServers.com, including but not limited to reliance by you on any information obtained from ZetServers.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to ZetServers.com's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through ZetServers.com. Due to the fact that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. ZetServers.com may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. ZetServers.com does not want to receive confidential or proprietary information from you through our web site or e-mail addresses. Please note that any information or material sent to ZetServers.com or any of its related sites, services, or e-mail addresses will be deemed NOT to be confidential. By sending ZetServers.com any information or material, you grant ZetServers.com an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that ZetServers.com is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. ZetServers.com makes no representations whatsoever about any other web site which you may access through this one. When you access a non-ZetServers.com web site, please understand that it is independent from ZetServers.com, and that ZetServers.com has no control over the content on that web site. In addition, a link to a non-ZetServers.com web site does not mean that ZetServers.com endorse or warrants in any way whatsoever or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. By using a hyperlink on the ZetServers.com web site you agree to accept full responsibility for use of the hyperlink.

LIMITATION OF LIABILITY

Under no circumstances whatsoever shall ZetServers.com be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site, even if ZetServers.com or a ZetServers.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall ZetServers.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site or any of its products or services. By using this site you agree to hold ZetServers.com harmless in all capacities to the fullest extent allowable by law.

CONTENT PROPRIETARY RIGHTS

You("User") acknowlege that ZetServers.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and ZetServers.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

THIRD PARTY CONTENT

ZetServers.com has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of ZetServers.com, are those of the respective authors or distributors and not of ZetServers.com or its affiliates or any of its officers, directors, employees, or agents. Neither ZetServers.com nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of ZetServers.com, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through ZetServers.com represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with ZetServers.com. ZetServers.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ZetServers.com by anyone other than authorized ZetServers.com employees. Under no circumstances shall ZetServers.com, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a user's reliance on information obtained through ZetServers.com. It is the responsibility of user to evaluate the information, opinion, advice, or other content available through ZetServers.com.

DISTRIBUTION OF THIRD PARTY CONTENT

Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on ZetServers.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the you to criminal prosecution as well as personal liability for damages in a civil suit. You, not ZetServers.com, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted ZetServers.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on ZetServers.com retains any and all rights which may exist in such Content.

ZetServers's RIGHTS

ZetServers.com's rights include but are not limited to the below paragraphs. ZetServers.com may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request or if such disclosure is necessary or appropriate to operate ZetServers.com or to protect the rights or property of ZetServers.com, its visitors, sponsors, providers, licensers, or merchants. ZetServers.com is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, ZetServers.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from ZetServers.com. ZetServers.com reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, ZetServers.com, or any rights of ZetServers.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither ZetServers.com nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither ZetServers.com, nor its affiliates, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licenser shall assume liability for any action or inaction with respect to conduct communication, or content on ZetServers.com.

Payment disputes/claims

Any payment dispute, claim or chargeback will result in terminating any active service with us. Personal details about the client (IP logs, server logs, vps logs and others) can be used as prooves in the dispute case.

Cancellation

Minimum contract period is 1 month. We work on a prepaid model. An immediate cancellation request before the end of the billing period doesn't give any refund right for the client. Any unused period after the cancellation will be lost when the client cancel his service with us.

Limitations

User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following: hate propaganda, racist, threatening, or otherwise abusive content; child pornography; the promotion or incitement of, or instruction for, the commission of illegal activities; mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities; content promoted through the sending of unsolicited e-mail (also known as spamming); sending of unsolicited e-mail (spam) from the ZetServers.com server, or any other server that refers to content on the ZetServers.com server, or sending such e-mail with a ZetServers.com hosted Web site listed as the contact address; spam software & their associated utilities; information or other material that contains a virus, corrupted data or any other harmful or damaging component; we don't allow DDoS originating scripts on our servers and we will terminate any VPS sending any type of flood attacks. Clients violating this TOS will have the VPS terminated with no right of full or partial refund. Idem. User agrees that ZetServers.com is not responsible for content on pages hosted on member sites and acknowledges that ZetServers.com does not endorse or verify any such material. Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site. Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by ZetServers.com anywhere on the site ZetServers.com

Internet connection usage

Cloud Servers connections to Internet are limited to 1Gbps. We do not charge for bandwidth usage. Our cloud servers include a basic DDoS protection system which is filtering DDoS attacks up to 40Gbps. We use an automated connection monitoring system which ensures that all cloud servers have enough available bandwidth. Our system may nullroute your IP automatically if one of the allocated IP is the target of large sustained DDoS attacks in order to keep our business profitable (bandwidth costs may be huge for large attacks). Our system may automatically shutdown any server which is detected to be sending malitious traffic (DDoS attacks, SPAM or other forbidden content described in this document). In order to avoid abusive usage, our automated system may also limit your bandwidth in increments of 100mbps down to 10mbps, if your traffic usage exceed 10TB on a monthly basis. This limit is removed automatically when the 30 days billing cycle ends.

Refund policy

Due to the nature of the hosting business, any payment sent to us is non-refundable as permited by law. This includes, but is not limited to account credits purchased in advance, gateway fees, etc.

Late payments

If the user pay the invoice after the due date, we will apply a 10% late fee to the invoice. Also the client's VPS will be suspended automatically 1 day after the due date. If the user pay the invoice after the VPS is suspended, including the late fee, the VPS will be reactivated and will be active for the period remaining until the next due date (the due date wont change). If the invoice is not paid in the 7th day after the due date, the client's VPS will be terminated and all data deleted. If the invoice is paid after the VPS termination, a new VPS will be activated, being active for the remaining period (the due date wont change). If you overpay an invoice, the difference will be hold and automatically applied to future invoices. If you can't pay your invoice in time, please contact our billing staff, before the due date to avoid late fees and service suspension. Our billing staff could postpone your payment depending on your account history and other internal risk scores. The billing staff reserves the right to approve this or not.

Affiliates

We offer 10% bonus from any payment sent by a reffered client trough the affiliate link provided in the client area. The amount is applied directly to the reffering user as bonus. The bonus can be withdrawn to the credit balance if greater or equal to $5 and client has at last 1 active service.

OTHER

This agreement shall be governed by and construed in accordance with the laws of the United States without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

TERMINATION OF THIS AGREEMENT

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by logging in to your account at ZetServers.com, and click the "Cancel Account" icon located in your control panel. ZetServers.com shall have the right to immediately terminate this Agreement with respect to any user which ZetServers.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. ZetServers.com may terminate or modify this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from ZetServers.com. In addition, by providing material on our web site, we do not in any way promise that the materials will remain available to you. ZetServers.com is entitled to terminate all or part of any of its site or services at any time, without notice to you.

ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and ZetServers.com regarding your relationship with ZetServers.com and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using the ZetServers.com web site.