Terms of Service
Customer agrees to the following terms of service:
Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review ZipServers cancellation policy set forth in the paragraph entitled "Cancellation".
Monthly Service Fees: Virtual Private Servers and Shared Hosting Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month. Dedicated Servers are billed in advance for a full month of service. Dedicated Servers will be pro-rated and billed on the 1st of each month thereafter.
Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
Additional Service Fees: Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.
Service Credits: Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.
Cancellation: ZipServers requires a three (3) day, i.e., 72 hours notification before your next anniversary billing date. Cancellations must be submitted to accounting inside the Customer portal located at https://www.zipsupport.com for dedicated customers and https://hspc01.zipservers.com/cp for VPS and new dedicated server customers prior to your next billing cycle. Cancellation request must include the last four digits of the credit card used for signup, user/pass to server, and IP address for server, and when the server should be taken offline. Subscriber failure to make a proper cancellation request on time will result in regular billing cycle for subscriber server(s). All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
Refunds & Disputes: All services rendered by ZipServers are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at https://www.zipsupport.com for dedicated customers and https://hspc01.zipservers.com/cp for VPS and new dedicated server customers. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to collection by an authorized collection agency.
Non-Payment: Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for three (3) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within five (5) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after five (5) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
Data: ZipServers agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that ZipServers handles Customer data, i.e. when replacing hard drives, ZipServers will act in accordance with PCI guidelines to ensure data is securely handled. Use of this service is at Customers sole risk. Backup service is provided to VPS and One Plan Linux and Windows customers as a courtesy. ZipServers is not responsible for files and/or data residing on your account. Customer agrees to take full responsibility for files and data transferred.
Identity Use: Customer agrees to use the ZipServers logo, ZipServers information, and related services in accordance with ZipServers approved marketing guidelines. ZipServers agrees not to use Customer name, logos, or information without prior written consent of Customer.
Permitted Use: By accepting the Master Service Agreement, Customer agrees to use ZipServers services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF ZipServers SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, ZipServers reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.
Laws: Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Dallas, Texas, United States of America. Proper venue for legal remedies shall be Dallas County, Dallas Texas. All contract terms found herein shall be governed by Texas State Law or the Uniform Commercial Code, whichever may be applicable.
Indemnification: Customer agrees to indemnify and hold harmless ZipServers, ZipServers affiliates, and each of its respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to Customer's content and/or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability: Except as described in the SLA, ZipServers shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Master Service Agreement, the maximum aggregate liability of ZipServers and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the Customer for hosting services for the six moths prior to the occurrence of the event(s) giving rise to the claim.
Arbitration: Any controversy or claim arising from service or related to this Master Service Agreement or breach therein in excess of $500.00 shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
Electronic Signature:Acceptance by Customer of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
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