Terms of Service

 
Last Updated: 07/01/2010

By using Hosting Zoom’s service, Customer hereby agrees to Hosting Zoom’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

Unless otherwise specified, the usage of “us”, “we”, “our”, and “ours” shall refer to HostingZoom, a Texas corporation, and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of HostingZoom.

Moreover, “Hosting Zoom” shall refer to HostingZoom, a Texas corporation, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified.

Customer agrees that it shall comply with this TOS, HostingZoom’s Acceptable Use Policy (AUP), and HostingZoom’s No-Spam Policy (NSP). Customer further agrees that it has read HostingZoom’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.
In consideration of services to be delivered, Customer agrees to be bound by the following terms and conditions:
General Terms.
Customer agrees to pay, in advance of each monthly service term, for services to be rendered. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order HostingZoom’s service for a certain minimum period of time.

Refund requests for shared and reseller accounts are limited to the initial 30 day period as per our money back guarantee. Customer agrees to a no-refund policy on all dedicated servers, vps, and prepaid plans. Setup fees and monthly service fees are non-refundable. Customers agree to pay all taxes applicable to your account.

Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days. HostingZoom is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for HostingZoom’s services.

By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that HostingZoom has your most current e-mail address, and HostingZoom shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that HostingZoom sends to the most current e-mail address you have provided to HostingZoom.
Agreement for Services.
HostingZoom will provide, and Customer will purchase and pay for, the services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
Payment.
Establishment and provision of service is contingent upon receipt of payment from Customer to HostingZoom. Customer must pay in full for the Services before HostingZoom begins to provide the Services to Customer. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.

Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that HostingZoom may apply the amount due at any time to the credit card listed on file. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. HostingZoom reserves the right to bill your credit card or information on file. We are not responsible for any fees accessed on the client by their bank as a result of the client's account being invoiced. Invoices not paid by due date are subject to a late fee of $7.50 (seven dollars and fifty cent USD) plus 10% (ten percent) interest of the past due amount.

Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by HostingZoom will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to HostingZoom a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a $50 administrative fee in addition to the disputed charge before service can be restored. We may request payment in cashiers check or money order before restoring service.

HostingZoom may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which HostingZoom may be entitled under this Agreement or under applicable law.
Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the HostingZoom Web site through the client dashboard. Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form.

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

Customer understands and agrees that HostingZoom does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO HOSTINGZOOM ARE NONREFUNDABLE.

All payments to HostingZoom are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in HostingZoom’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service. Any dispute to a credit card charge aka chargeback, wrongful or intentional, will result in a $50 administrative fee in addition to the disputed charge before service can be restored. We may request payment in cashiers check or money order before restoring service.

Without waiving any of its other rights under this Agreement, HostingZoom offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to Hosting Zoom, within thirty (30) days of the beginning of your service, HostingZoom will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.

Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
  • Setup fees,
  • Fees for domain name registrations,
  • Fees charged for exceeding your allotted disk storage space or bandwidth,
  • SSL certificate fees,
  • Administrative or support fees,
  • Web site marketing fees,
  • Any add-on services, features, software, and
  • Any other fees for services involving a third party.

The 30-Day Guarantee is subject to all of the following limitations:
    • You are entitled to a maximum of one (1) 30-Day Guarantee.
    • If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances.
    • You may not transfer or assign the 30-Day Guarantee to any third party.
    • You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
      • Creating multiple accounts, using the same customer name or different customer names;
      • Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
      • Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
      • Knowingly providing false or misleading information when you register for your account; or
      • Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
    • If you violate any provision of any of the policies of HostingZoom, you will not be eligible for the 30-Day Guarantee.

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of services from HostingZoom and does not apply to any changes to your service at any time.
Backups.
In order to allow us to provide the best service to you, HostingZoom accounts are backed up daily as a courtesy. However, these backups are intended for HostingZoom’s administrative purposes only, for emergency situations, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, HostingZoom always seeks to create complete and accurate backups of customer accounts. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, HOSTINGZOOM DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups. Customers are responsible for maintaining their own backups on their own personal computers or other computers.

HostingZoom does not provide any sort of compensation for lost, inaccurate, incomplete, corrupt, non-existant, or outdated data in the event that HostingZoom’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of HostingZoom or any of its employees or agents. You understand and agree that HostingZoom’s backup policy does not create any warranties for whose breach Hosting Zoom can be held liable.

If we do have backups available for your files that you need restored, and if we have the ability and time to restore the file(s), there will be a $15 fee for restoring the files. We are not responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups. Backup restoration is NOT a fast process. Due to the volume of data being stored, compression, and network file transfers, decompression, restoration, integrity checks, and other variables, the restoration process of large nodes can sometimes take several days. We highly encourage everyone to purchase their own separate managed backups from one of our backup plans if your site or data is critical to your business or livelihood.
the Acceptable Use Policy, or
Uptime and Credit
Definitions.
“Network Uptime” is the total time in a calendar month that the HostingZoom network is available through the Internet, provided that Customer has established connectivity. HostingZoom takes responsibility for network availability within its network, except when such network outages are excluded by this SLA ; however, HostingZoom shall not be liable for any upstream problems outside of its network. HostingZoom’s guarantee is that its network will be available to Customer free of Network Outages, that render 100% packet loss, 100% of each calendar month

“Network Outage” is any unplanned or unscheduled interruption in availability during which Customer is unable to access the network as described in the section titled “Network Uptime” above. 
  • A “Network Outage” is defined as a period in which 100% packet loss to HostingZoom’s network is experienced, which is determined to have been caused by a problem in HostingZoom’s Network as confirmed by HostingZoom. Downtime and outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
  • “Scheduled Downtime” is any HostingZoom scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service.  Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible. 

“ SLA Network Violation Credit” occurs when HostingZoom’s network uptime guarantee is not met. As stated in paragraph above, Hosting Zoom guarantees 100% uptime. Network downtime is measured from the time the network is 100% unreachable, until service is once again restored. In order to request a credit, you must e-mail us at: billing@hostingzoom.com within seven (7) days after the last day of the calendar month in which the downtime occurred. (For example, if the downtime occurs during the month of December, HostingZoom must receive your e-mail between January 1 and January 7. E-mail notifications that are not sent within the first seven (7) days of the month immediately following the downtime will not be eligible for credits.

The amount of the credits is based on the amount of Network Uptime the HostingZoom network has provided for the month in which a credit is requested. If network downtime occurs the customer will be credited 10x (1000%) of the downtime as recorded by the support ticket and confirmed problem to the resolution, up to 100% of the customer's monthly fee. If the network is out for 1 hour, we will credit you 10 hours of downtime. In this instance we divide your monthly payment by days of the month, divided by 24hrs a day to find an hour rate.HostingZoom will review claims of SLA violations during normal business hours of the first through seventh day of the month, and will apply any applicable credit to Customer’s account after HostingZoom receives Customer’s credit request.



HostingZoom shall not be liable to reimburse in any form for failure to meet any of the guaranteed service level where such failure arises from any one or more of the following:
- Scheduled downtime, maintenance, or upgrades
- Maintenance by service providers on circuits between HostingZoom and the clients’ Web sites;
- Software maintenance or outage
- Emergency maintenance or upgrades, where such maintenance or upgrades are required by the occurrence of any events outside of HostingZoom’s control;
- Problems outside of HostingZoom’s network (upstream providers, or client’s inbound connection)
- Interruptions or failures of individual service or software on a given server.
- Any outage or interruption caused by Customer, Customers software, Customer’s agents or employees, Customer’s clients, or other third parties, to Customer’s service.
- Customer’s abuse or over-utilization of resources - Outages elsewhere on the Internet that hinder access to your account or services.
- Disconnection and / or reconnection of the services due to non-payment of any charges payable to HostingZoom or where the services are disconnected by reason of it being used for any illegal, unlawful, or other objectionable purpose described in the TOS, AUP, or No-Spam Policy.
- Circumstances beyond Hosting Zoom’s reasonable control and force major events including but not limited to catastrophic incidents, vandalism, lightning, power failure, fire, flood, earthquake, acts of God, emergency, acts of any governmental body, war, insurrection, sabotage, terrorism, embargo, riots, curfew, strike or other labor disturbance, industrial disputes, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third-party services, virus attacks, worms, Trojans, spyware, adware or other malware, failure of third-party software (including, without limitation, e-commerce software, payment gateways, chat, statistics, or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA;

The total amount credited to the Customer in a particular month under this SLA shall not exceed the total hosting fee paid by the Customer for such month for the affected service. Credits are exclusive of any applicable taxes charged to the Customer or collected by HostingZoom and are the Customer’s sole and exclusive remedy with respect to any failure or deficiency in service or in the availability of the Customer’s Web sites.

You and HostingZoom agree that only measurements carried out by HostingZoom’s personnel shall be used for the calculation of unavailable time and HostingZoom’s records shall be conclusive evidence of that unavailable time. No 3rd party reporting sites or tools will be valid for the purpose of determining uptime or credit.

This SLA shall not apply during any trial or free period of the services, and this SLA does not come into effect until after the end of the first month of the applicable services has been provided. The SLA shall apply during the normal initial period during which the Customer is available for HostingZoom’s 30-day money-back guarantee.

This SLA does not relieve the Customer from the obligation to pay the Customer’s balance in full when it is due. SLA credits are always applied within two billing cycles after the month in which the downtime eligible for SLA credit occurs.
Copyright
NOTHING IN THESE INSTRUCTIONS OR ON THIS SITE CONSTITUTES EITHER CONSENT OR AN AGREEMENT BY HOSTINGZOOM, ITS REPRESENTATIVES, ATTORNEYS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS TO ACT ON YOUR BEHALF. THESE ARE COMPLEX LEGAL ISSUES, AND HOSTINGZOOM, RECOMMENDS THAT YOUR RETAIN YOUR OWN LEGAL COUNSEL TO DEAL WITH THESE MATTERS.

HostingZoom, respects the intellectual property of others, and we ask our customers to do the same. If you believe that your copyrighted work has been copied and is accessible on any site for which HostingZoom, provides services, in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf.
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
3. Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web site where it is posted or the name of the book in which it has been published.
4. A copy of the copyright registration, or other suitable proof of ownership, for the material you believe is being infringed.
5. A description of the manner in which your copyright is being infringed.
6. Identification of the URL or other specific location on the site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material. Hosting Zoom, Inc. will not search for the allegedly infringing copy; you must identify it specifically.
7. Your full legal name, complete postal mailing address, area code and telephone number, and e-mail address.
8. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
9. A statement by you, made under penalty of perjury, that all of the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement can be reached by contacting abuse@hostingzoom.com
Indemnification
Customer agrees to defend, indemnify, and hold harmless HostingZoom, and the parents, subsidiaries, successors, assigns, employees and agents of Hosting Zoom against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

HOSTING ZOOM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF HOSTINGZOOM’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOSTING ZOOM DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

HOSTINGZOOM PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. HOSTINGZOOM DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND HOSTINGZOOM SHALL HAVE NO LIABILITY THEREFOR.

HOSTING ZOOM DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
Governing Law.

ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

By using any HostingZoom services, you agree to submit to binding arbitration. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Each party agrees that any action arising out of or in connection with this Agreement shall be handled by an arbitrator of HostingZoom's choice. The arbitrator's award is final and binding on all parties. You, the client, are also responsible for any and all costs related to such arbitration. The language of this Agreement shall be deemed to be the result of negotiation among the parties and their respective counsel and shall not be construed strictly for or against any party. Each party agrees that, whenever a party is requested to execute one or more documents evidencing such consent, it shall do so immediately.
Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and HostingZoom, and supersedes any prior or previous agreements between you and HostingZoom with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which HostingZoom notifies you from time to time, pursuant to this Agreement. This Agreement may not be modified orally.
Assignment.
Customer shall not assign or attempt to assign its obligations under this Agreement without HostingZoom’s prior and express written consent to such assignment. HostingZoom may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of Texas, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Texas, without regard to Texas’ choice of law and conflicts of law rules, and HostingZoom and Customer each submit to the exclusive jurisdiction of the courts of Harris County, Texas, or to the United States District Court for the Southern District of Texas, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
Force Majeure.
HostingZoom shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause.
Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
Abuse of Staff or Personnel.

At HostingZoom, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.

If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, there will be no refund. Abusive conduct includes, but is not limited to, the following behaviors:

  • Repeatedly addressing members of our staff in a demeaning or rude manner;
  • Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
  • Yelling or shouting at our staff;
  • Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
  • Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
HostingZoom reserves the right to discontinue service to any Customer it deems, in its sole discretion, or if any Customer violates any condition of service or agreements. HostingZoom reserves the right to refuse or discontinue service to anyone at our sole discretion.
These terms may be modified at any time without notice. We reserve the right to revise, amend, or modify this and our other policies and agreements at any time and in any manner. All users are always subject to the newest terms posted here at all times. It is the end users responsibility to be aware of the latest terms of service and other policies at all time. If any terms or conditions are failed to be followed the account in question may be terminated.