The first step to order one of our services is to read the contract terms below.
Please read this contract carefully.
A. Financial Arrangements:
1. The Customer agrees to a minimum contract, based upon the plan selected, beginning upon commencement of service.
2. Payment for hosting over the minimum contract term plus a non-refundable set up charge, if any, shall be due upon receipt of contract. Late payment fees of $20.00 may apply at the sole discretion of Zone-8 P/L
3. Payment will appear on credit card statement as “[email protected] or Zone8WebACC “.
4. Customer may terminate the contract within 30 days from submitting their application for hosting services. Upon termination within the 30 day period the customer will receive a full refund of monies paid for hosting services. Setup fees, if applicable are not refundable. Any period of termination thereafter must be in writing at least 30days prior to customer termination.
1. Zone-8 P/L shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made from the Customer using Zone-8 servers. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
C. Material and Products:
1. The use of Zone-8’s web services requires a certain level of knowledge of Internet languages, protocols, other software /apps including third party email clients. This level of knowledge varies depending on the anticipated use and desired content of the Customers website by the Customer. The following general example is offered:
– Website editing & publishing requires a sound knowledge of HTML, CSS, being able to properly locate & link documents. Understanding FTP and being able to upload website contents, graphics, text, sound, images & links mapping, etc.
2. The Customer agrees that they have the necessary knowledge to create their website presence. The Customer agrees that it is not the responsibility of Zone-8 to provide this knowledge nor Customer Support outside of the defined service/s of Zone-8. Anything else otherwise is considered out of scope and may be charged lvl 1 technical support fees of $88.00/ph. The Customer will be notified of scope creep prior to formal Technical Support and /or any support advise that may incur additional fees to the Customer.
3. Zone-8 will exercise no control what-so-ever over the content of the information passing through the network. Zone-8 makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Zone-8 also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Zone-8 is at the Customer’s own risk, & Zone-8 specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Connection speed represents the speed of a connection to, and does not represent guarantees of available end to end bandwidth.
4. Zone-8 expressly limits its damages to the Customer for any non-accessibility time or other down time to the (pro-rata) monthly charge during the system unavailability. Zone-8 specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that the Customers software or code material is not “Server-ready”, Zone-8 may, at its option and at any time reject this material, including but not limited to after it has been put on to Zone-8 servers. Zone-8 agrees to notify the Customer immediately of its refusal of the software code material and afford the Customer the opportunity to amend or modify this software code material to satisfy the needs and/or requirements of Zone-8’s server security requirements. If the Customer fails to modify this software code material including prescribed security patches an updates specific to their website as and if directed by Zone-8 within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated. If a server outage due to Customer negligence and /or Customer installed compromised software code material is determined, the Customer may be liable for damages arising and the cost of the web server downtime.
D. Trademarks & Copyrights:
1. The Customer warrants that they have the right and necessary licences to use material subject to applicable trademarks and copyright laws, if any.
E. Hardware, Equipment & Software:
1. The Customer is responsible for and must provide all telephony/modem, computer hardware, software and other services necessary to access Zone-8’s servers. Zone-8 makes no representations, warranties or assurances that the Customer’s equipment will be compatible with Zone-8’s global hosting services.
The Customer certifies that they are of at least 18 years of age.
G. Internet Etiquette:
1. The Customer may not use Zone-8 servers for the purpose of MASS electronic junk mail (Spam). The Customer may not use Zone-8 servers for excessive computation time inappropriate for internet web servers. Any such activity may be deemed as an attack upon the servers and the Customer may be liable under the articles; C. Material and Products, clause 4.
The Customer may not install under their account any program, software code material which presents a digital security threat to any of Zone-8’s web servers and its users. Zone-8 reserves the right to immediately cancel any service account which is causing a disruption of services for other paying customers.
Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Zone-8 may not be used to impersonate another person or misrepresent authorization to act on behalf of others or anyone from Zone-8. All messages transmitted via Zone-8 should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.
1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. Zone-8 will not accept terminations over the telephone. Notwithstanding the above, Zone-8 may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. Zone-8 reserves the right to charge a $20.00 reinstatement fee.
I. Billing and Refunds:
1. All our web hosting plans are paid in advance, our monthly billing cycle for account holders begins from the account creation date. Account payment is processed in advance for each month or year the account is held with us to that date – whether for monthly or annual web hosting plans.
2. A refund for terminated accounts will be calculated accordingly for the remainder period outstanding for those web hosting accounts.
J. Debt Recovery:
1. We are very flexible with debt resolution. We understand that business’s may have cash flow problems and we are happy to offer flexible payment solutions. However, if we cannot come to some sort of resolve, outstanding payments will be forwarded to third party debt collectors at the clients expense and in which case may affect your credit record. We also reserve the right to terminate service under this Agreement. A reinstatement fee will also apply.
K. Limited Liability:
1. The Customer expressly agrees that use of Zone-8 servers is at the Customers sole risk. Neither Zone-8, nor its employees, affiliates, agents, third party information providers, merchants or the like, warrant that Zone-8 server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Zone-8 Server service, unless otherwise expressly stated in this Agreement.
2. Under no circumstances, including negligence, shall Zone-8, its officers, agents or anyone else involved in creating, producing or distributing Zone-8 server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Zone-8 server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Zone-8’s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Zone-8 server service.
3. Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.
L. Lawful Purpose:
1. The Customer may only use Zone-8 server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.
1. The Customer agrees that it shall defend, indemnify, save and hold Zone-8 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Zone-8, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Zone-8 against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Zone-8 Server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the Zone-8 Server.
N. Contract Revisions:
1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Zone-8’s services as specified in Section A. Financial Arrangements.
1. The Customer may not transfer this agreement without the written consent of Zone-8.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
1. All promotions are as is and are subject to change or termination without prior notice.
2. In any case, “THE” promotion will be valid for the whole term upon the Customer signing up. The end of the Customer promotion period, the Customers Web Hosting service will be transfered to Zone-8’s current Web Hosting Plan/s and billed accordingly as per section – I. Billing and Refunds.
3. Promotions are not transferable.
Spam is flooding the Internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it.
DO NOT sign up for an account if you intend to use it for MASS ELECTRONIC JUNK MAIL.
NO ADULT SITES!
Zone-8 servers may not be used to publish Adult Materials or lists of links to such materials.
DO NOT sign up for an account if you intend to use it for an ADULT SITE. You will NOT get a refund!
Q. Additional Legal Information:
1 Disclosure to Law Enforcement – Zone-8’s AUP specifically prohibits the use of our service for illegal activities and The Customer agrees that Zone-8 may disclose any and all customer information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to The Customer. Zone-8 reserves the right to immediately terminate any hosting service found to be hosting content and performing activities of an illegal nature.
2 System and Network Security – Users are prohibited from violating or attempting to violate the security of the Zone-8 Network. Violations of system or network security may result in civil or criminal liability. Zone-8 will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include without limitation:
a. Accessing data not intended for such User or logging into a server or account, which such User is not authorised to access.
b. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
c. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
d. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
e. Taking any action in order to obtain services to which such User is not entitled.
3 Disclaimer – Whilst every effort is made to ensure the information provided on the Zone-8 website and by Zone-8 staff is accurate and free from errors, Zone-8 provides no warranties, either express or implied, including but not limited to the service’s fitness for a particular purpose, except where to not offer any such warranties would be deemed unlawful as defined by the Trade Practices Act 1974(Cth).
4 Limitation of Liability – Zone-8 provides no guarantees that any hosting or additional service provided will be free from errors or interruptions. Zone-8 will not accept liability for any costs or losses incurred by The Customer that result from:
a. the use of or inability to use any Zone-8 service;
b. any errors, mistakes, omissions, interruptions, defects, or delays in operation or delivery;
c. unauthorised access to Zone-8’s data or services,
d. the suspension or termination of services due to breaches of the AUP.
e. the suspension or termination of services due to obligations under law
5 Indemnification – The customer agrees to indemnify Zone-8 from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Zone-8, that may arise or result from the use of any product or service Zone-8 provides.
6 Modification to these Terms – Zone-8 reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, Zone-8 will notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.