Terms of Service
You must read and agree to this document before signing up to any service, even if its free!
You must read this document!
Terms and Conditions, Terms of Service and Service License Agreement.
Outline.
The basics of this document will outline what we are expected to provide as a hosting service, what is of expected of you been a client, the terms which must be followed and finally what is done if terms are broken.
This documents is provided clearly to all clients to ensure that there are no misunderstandings about any of our services, you must read the entire document before purchasing any of our services and you are expected to understand and follow all of the terms.
We also highly suggest that you either save this web page or print off for future reference. Doing this ensures that its still available to yourself in the highly unlikely even the server providing this page is none operational.
Failure to follow any of the terms outlined here can result in an instant account termination, although in most cases you will be warned and then suspended if the problem is not rectified in a timely manner. This clause is included for extreme circumstances where there appears to be a loophole in the terms, we do not intend to have to use it.
ZanyHost.com is the company name that throughout this document may be referred to as (we, zany, zanyhost, zany host, company, supplier or any similar terms) in the event you was referred to zany through a partner company or third party all of these terms will still apply as if you are a direct customer. Any terms relating to the service provided by a third party are not applicable unless express notification has been gained from zanyhost management.
Payments.
Prior to any service commencing an agreement between the two parties both supplier and client must be made, this will include payment dates and amounts that must be fully paid and cleared for the service to be provided.
All payments must be made in full for the service to be activated if it is not already, or for set-up to take place.
In some circumstances there may be a guaranteed maximum set-up time provided by the supplier, this is calculated from the date full payment was cleared, is not applicable to any free or discounted services and excludes national/local holidays.
Payments following the initial service payment must be paid in full and cleared to the supplier before on or on the invoiced due date. The supplier must supply a copy of the invoice a minimum of three days prior to the due date and make effort to notify the client of the invoice creation via a method such as eMail.
In the event of an invoice reaming not fully paid more than 1 hour after the due date (GMT+0) your account and relevant services will be set to a pending suspension which will be carried out during the next 24 hours.
If the invoice(s) remain unpaid for excess of 48hours your account will be terminated with no more warnings to be given. At this point there is no longer a service provided by the supplier and all invoices will be marked cancelled, all files will be deleted.
If you wish to terminate a service please ensure that you have copied all data from the provided service prior to your next invoice date or you will be required to make payment of the due invoice to complete this process. If the due date has been more than 48hours ago there is no copy of these files.
Payment contracts are made between a individual or a single company to the supplier and are none transferable to another person, company or third party without express written permission from the suppliers management team.
Promotional codes may be offered for some of our services, please be aware that these are limited to certain services and can be removed at any time without notification. Before using a promotional code you should contact zanyhost to ensure you are eligible and the code is valid, otherwise you could be held liable to make additional payments.
Its the clients right to request a cancellation at any point of the service, they will still be provided to make payment of any due invoices, and there will be no credit or refund given for the remaining service.
Refunds:
Refunds are not given for any reason other than the ones stated below, unless extenuating circumstances are given and agreed to by the suppliers management team.
Should network downtime cause a service to be off line for more than 1% of the service a refund of the previous invoice will be given, the time span the percentage is calculated over will be from the last invoice due date, to the next invoice due date. The client must also provide sufficient proof that can be validated of any downtime for a refund request.
Request for refunds must be made within 5 days of the downtime causing.
Refunds are not provided for software.
Should the client wish to cancel their service within 3days of set-up they are able to email the suppliers management team using the client area support ticket system and request a refund. The supplier are under no obligation to provide a refund but may do so out of curtsey ensuring under 1% of the supplied resources have not been used to date.
IP Addresses.
All of our web services come with an IP address, some of these will be shared with other clients or dedicated to your self.
You have no owner ship right to these specific IP addresses and will always remain the sole property of the supplier. In some circumstances you may be provided with a new IP address in which case you will be given 2-5 days notice.
You must not run any services that would cause a specific or range of IP addresses to become what is considered dirty, not-clean, black listed or spam. If you do so the service will be terminated and you will be subject to a $50 fine. The supplier will also try to ensure that all IP's provided are “clean” although this is not guaranteed.
It is your right to request for a IP address change, although may not be granted.
Dedicated IP's will only be provided with a valid reason granted by the suppliers management and a minimum charge of $1 per month.
Software.
On all services software, scripts, programs and any other data must be fully licensed by the owner/provider. In the event that we are provided with sufficient evidence that you are no respecting the copyright, trademark or licensing laws your account will face a fast suspension followed by termination if the client is unwilling to remove the data.
To re activated the service you must have the initial person/company re contact us if you gain valid licensing for the item(s) in question. Or provide sufficient proof that you do have a valid license already that covers the time when the report was filed.
Support
All services other than managed shared cPanel hosting are unmanaged unless expressly stated otherwise.
This means after the initial hand over of a VPS or Dedicated server the supplier will no longer carry out any work for the client.
VPS servers will be provided in a “base” state where the requested OS and supported control panel is installed ready for user configuration, the SSH is accessible buy the root user and the VPS main IP address is configured and you are able to ping google.com from the internal VPS.
All of these will be tested before the VPS is handed over after this point work on the server will be charged at a $40 per hour with a minimum charge of 15min.
Using the control panel provided the user may re install to a bare operating system although it may not have the original configuration know as “base” state, the client is entitled to request a single base install per month free of charge.
Control panels will be installed but no configuration will be applied, charges are applicable if this is required buy the client.
VPS control panels are an extra feature given by the supplier, they may be removed at a later stage with no warning and replaced with a new system such as a ticket based reboot request service.
The supplier and their staff may gain root access to your vps at anytime to change configuration without notice to the client, this is normally only for network setting changes or to ensure services are running after a server reboot and config change.
Support Requests
Only ticket based support requests will be answered any emails will be considered fraudulent.
Some of our support staff may offer basic on-line live chat help, but no server work will be initiated from a live chat request using the on-line chat programs or any software/communication method other than the client area support system. This is due to the lack of identity verification supplied by other methods and lack of detailed logging for future reference.
Priority requests, please ensure that the support tickets you provide a valid priority, such as password resets are considered to be low, only server downtime from network or data center issues are to be considered high. You ticket will be delayed, ignored or deleted if the priority is not correct.
Should you no longer have access to your client area or registered email address you will be require to email management and they will request copies of your identity before access will be granted. Access will only be granted to the registered owner, or next of kin should this person be unreachable.
Charge backs
In the event a charge back is initiated for any invoice(s) all services under the clients account will be instantly suspended with no warning and then shortly terminated if no contact is made. As we provide an easy to use cancellation service you will also be then liable for the charges we are give and a minimum of 15min admin time.
Backups
We provide no backups of any of our services to clients.
Backups are made of all accounts to protect against hardware failure and similar problems, these are not provided to the clients under any circumstances and we do not guarantee that these will be up to date or usable in the event that we are required to use them.
Therefore you should make your own backups of all data you require, we hold no responsibility to loosing user data or settings on our services.
Backup space with “free local area network” bandwidth can be provided, although again it is the users responsibility to create the backups, check and also restore if needed.
Backup services can be provided by the supplier although they also take no responsibility for the integrity or usability of these.
Bandwidth
The client agrees that the allocated bandwidth per month will not be exceeded, in the case the bandwidth limit is passed the supplier will charge $0.30 per GB over. At the suppliers own digression they may also terminate the service or place on a limited service with no warning. Bandwidth overage will be billed each week and instantly removed from any account credit.
Harassment or abuse.
The supplier has a zero tolerance for abuse or harassment and reserve the right to suspend services with no refunds if they believe a client has done so. This includes but is not limited to, shouting, swearing, rudeness, threats, racism or an aggressive nature towards the supplier and its third parties.
Acceptable usage
Spam – under no circumstances do the supplier allow bulk emails to be sent, this also includes emails that were considered to be opt-in.
CPU – other than dedicated servers the suppliers processing power is equally shared amongst their clients using the related service. The client will be expected to only use a fair amount of the power and is allowed to burst for short periods of time ensuring there is no effect to the other customers.
Bandwidth – The client will be given a set quota for bandwidth per registered service, it is reasonable to assume that this bandwidth will be used evenly over the accounts period, however clients may be allowed to burst for short periods of time as long as this does not effect any other network users.
Any other shared resources are also limited to a fair usage policy where other clients should never be effected by a single clients usage of these resources. This includes but is not limited to disk IO, LAN traffic, backup space.
Thank you for taking your time to read this page.
This document could change at any date with no client notification, you should bookmark this page and check back. Last Updated = 12th June 2009 by Zan Management.