1. Additional Policies and Agreements
A. Use of the Services is also governed by the following policies, which are
incorporated by reference. By using the Services, you also agree to the terms of the
following policies.
i. Privacy Policy
ii. Acceptable Use Policy
iii. Copyright Infringement Policy
B. Additional terms may also apply to certain Services, and are incorporated by
reference herein as applicable. For example, if you register a domain name with us,
then the Domain Registration Agreement will also apply to you and would be
incorporated herein.
A. Use of the Services is also governed by the following policies, which are
incorporated by reference. By using the Services, you also agree to the terms of the
following policies.
i. Privacy Policy
ii. Acceptable Use Policy
iii. Copyright Infringement Policy
B. Additional terms may also apply to certain Services, and are incorporated by
reference herein as applicable. For example, if you register a domain name with us,
then the Domain Registration Agreement will also apply to you and would be
incorporated herein.
2. Account Eligibility
. By registering for or using the Services, you represent and warrant that:
. You are eighteen (18) years of age or older. The Services are intended
solely for Users who are eighteen (18) years of age or older. Any
registration, use of or access to the Services, by anyone under eighteen (18)
is unauthorized and is a violation of this Agreement.
i. If you use the Services on behalf of another party you agree that you are
authorized to bind such other party to this Agreement and to act on such
other party's behalf with respect to any actions you take in connection with
the Services.
A. It is your responsibility to provide accurate, current, and complete information on the
registration forms, including an email address that is different from the domain you
are signing up under. If there is ever an abuse issue or we need to contact you, we
will use the primary email address we have on file. It is your responsibility to ensure
that the contact information for your account, including any domain accounts is
accurate, correct and complete at all times. Zinglo is not responsible for any lapse in
the Services, including without limitation, any lapsed domain registrations due to
outdated contact information being associated with the domain. If you need to verify
or change your contact information, you may utilize the Zinglo Billing and Support
Portal to update your contact information. Providing false contact information of any
kind may result in the termination of your account. In dedicated server purchases or
certain other cases, you may be required to provide government issued identification
and possibly a scan of the credit card used for verification purposes. Failure to
provide the information requested may result in your order being denied.
B. You agree to be fully responsible for all use of your account and for any actions that
take place through your account. It is your responsibility to maintain the
confidentiality of your password and other information related to the security of your
account.
C. Any dedicated IP order in addition to those provided with a hosting package may be
subject to IP justification. IP justification practices are subject to change to remain in
compliance with the policies of the American Registry for Internet Numbers (ARIN).
We reserve the right to deny any dedicated IP request based on insufficient
justification or current IP utilization.
D. The Service and any data you provide to Zinglo is hosted in the United States (U.S.)
unless otherwise provided. If you access the Service from outside of the U.S., you
are voluntarily transferring information (potentially including personally-identifiable
information) and content to the U.S. and you agreeing that our collection, use,
storage and sharing of your information and content is subject to the laws of the
U.S., and not necessarily of the jurisdiction in which you are located.
. By registering for or using the Services, you represent and warrant that:
. You are eighteen (18) years of age or older. The Services are intended
solely for Users who are eighteen (18) years of age or older. Any
registration, use of or access to the Services, by anyone under eighteen (18)
is unauthorized and is a violation of this Agreement.
i. If you use the Services on behalf of another party you agree that you are
authorized to bind such other party to this Agreement and to act on such
other party's behalf with respect to any actions you take in connection with
the Services.
A. It is your responsibility to provide accurate, current, and complete information on the
registration forms, including an email address that is different from the domain you
are signing up under. If there is ever an abuse issue or we need to contact you, we
will use the primary email address we have on file. It is your responsibility to ensure
that the contact information for your account, including any domain accounts is
accurate, correct and complete at all times. Zinglo is not responsible for any lapse in
the Services, including without limitation, any lapsed domain registrations due to
outdated contact information being associated with the domain. If you need to verify
or change your contact information, you may utilize the Zinglo Billing and Support
Portal to update your contact information. Providing false contact information of any
kind may result in the termination of your account. In dedicated server purchases or
certain other cases, you may be required to provide government issued identification
and possibly a scan of the credit card used for verification purposes. Failure to
provide the information requested may result in your order being denied.
B. You agree to be fully responsible for all use of your account and for any actions that
take place through your account. It is your responsibility to maintain the
confidentiality of your password and other information related to the security of your
account.
C. Any dedicated IP order in addition to those provided with a hosting package may be
subject to IP justification. IP justification practices are subject to change to remain in
compliance with the policies of the American Registry for Internet Numbers (ARIN).
We reserve the right to deny any dedicated IP request based on insufficient
justification or current IP utilization.
D. The Service and any data you provide to Zinglo is hosted in the United States (U.S.)
unless otherwise provided. If you access the Service from outside of the U.S., you
are voluntarily transferring information (potentially including personally-identifiable
information) and content to the U.S. and you agreeing that our collection, use,
storage and sharing of your information and content is subject to the laws of the
U.S., and not necessarily of the jurisdiction in which you are located.
3. Transfers
Our Transfers Team will make every effort to help you move your website to us. Transfers
are provided as a courtesy service. We do not make any guarantees regarding the
availability, possibility, or time required to complete an account transfer. Each hosting
company is configured differently, and some hosting platforms save data in an incompatible
or proprietary format, which may make it extremely difficult, if not impossible, to migrate
some or all account data. In some cases we may not be able to assist you in a transfer of
data from an old host. The free transfer service is available for thirty (30) days from your
sign up date. Transfers outside of the thirty (30) day period will incur a charge; please
contact a member of our Transfers department to receive a price quote. In no event shall
Zinglo be held liable for any lost or missing data or files resulting from a transfer to or from
Zinglo. You are solely responsible for backing up your data in all circumstances.
Our Transfers Team will make every effort to help you move your website to us. Transfers
are provided as a courtesy service. We do not make any guarantees regarding the
availability, possibility, or time required to complete an account transfer. Each hosting
company is configured differently, and some hosting platforms save data in an incompatible
or proprietary format, which may make it extremely difficult, if not impossible, to migrate
some or all account data. In some cases we may not be able to assist you in a transfer of
data from an old host. The free transfer service is available for thirty (30) days from your
sign up date. Transfers outside of the thirty (30) day period will incur a charge; please
contact a member of our Transfers department to receive a price quote. In no event shall
Zinglo be held liable for any lost or missing data or files resulting from a transfer to or from
Zinglo. You are solely responsible for backing up your data in all circumstances.
4. Zinglo Content
Except for User Content (as defined below), all content available through the Services,
including designs, text, graphics, images, video, information, software, audio and other files,
and their selection and arrangement, and all software used to provide the Services
(collectively, "Zinglo Content"), are the proprietary property of Zinglo or Zinglo’s licensors.
Zinglo Content may not be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in
any form or by any means, in whole or in part, other than as expressly permitted in this
Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or
otherwise attempt to derive source code or other trade secrets from any Zinglo Content. Any
use of Zinglo Content, other than as specifically authorized herein, is prohibited and will
automatically terminate your rights to use the Services and any Zinglo Content. All rights to
use Zinglo Content that are not expressly granted in this Agreement are reserved by Zinglo
and Zinglo's licensors.
Except for User Content (as defined below), all content available through the Services,
including designs, text, graphics, images, video, information, software, audio and other files,
and their selection and arrangement, and all software used to provide the Services
(collectively, "Zinglo Content"), are the proprietary property of Zinglo or Zinglo’s licensors.
Zinglo Content may not be modified, copied, distributed, framed, reproduced, republished,
downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in
any form or by any means, in whole or in part, other than as expressly permitted in this
Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or
otherwise attempt to derive source code or other trade secrets from any Zinglo Content. Any
use of Zinglo Content, other than as specifically authorized herein, is prohibited and will
automatically terminate your rights to use the Services and any Zinglo Content. All rights to
use Zinglo Content that are not expressly granted in this Agreement are reserved by Zinglo
and Zinglo's licensors.
5. User Content
. You may be able to upload, store, publish, display and distribute information, text,
photos, videos and other content on or through the Services (collectively, "User
Content"). User Content includes any content posted by you or by users of any of
your websites hosted through the Services ("User Websites"). You are solely
responsible for any and all User Content and any transactions or other activities
conducted on or through User Websites. By posting or distributing User Content on
or through the Services, you represent and warrant to Zinglo that (i) you have all the
necessary rights to post or distribute such User Content, and (ii) your posting or
distribution of such User Content does not infringe or violate the rights of any third
party.
Solely for purposes of providing the Services, you hereby grant to Zinglo a nonexclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly
perform, publicly display, modify, translate, excerpt (in whole or in part), publish and
distribute User Content; and (ii) make archival or back-up copies of User Content
and User Websites. Except for the rights expressly granted herein, Zinglo does not
acquire any right, title or interest in or to the User Content, all of which shall remain
solely with you.
A. Zinglo exercises no control over, and accepts no responsibility for, User Content or
the content of any information passing through Zinglo's computers, network hubs
and points of presence or the Internet. Zinglo does not monitor User Content.
However, you acknowledge and agree that Zinglo may, but is not obligated to,
immediately take any corrective action in Zinglo's sole discretion, including without
limitation removal of all or a portion of the User Content or User Websites, and
suspend or terminate any and all Services without refund if you violate the terms of
this Agreement. You hereby agree that Zinglo shall have no liability due to any
corrective action that Zinglo may take.
. You may be able to upload, store, publish, display and distribute information, text,
photos, videos and other content on or through the Services (collectively, "User
Content"). User Content includes any content posted by you or by users of any of
your websites hosted through the Services ("User Websites"). You are solely
responsible for any and all User Content and any transactions or other activities
conducted on or through User Websites. By posting or distributing User Content on
or through the Services, you represent and warrant to Zinglo that (i) you have all the
necessary rights to post or distribute such User Content, and (ii) your posting or
distribution of such User Content does not infringe or violate the rights of any third
party.
Solely for purposes of providing the Services, you hereby grant to Zinglo a nonexclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly
perform, publicly display, modify, translate, excerpt (in whole or in part), publish and
distribute User Content; and (ii) make archival or back-up copies of User Content
and User Websites. Except for the rights expressly granted herein, Zinglo does not
acquire any right, title or interest in or to the User Content, all of which shall remain
solely with you.
A. Zinglo exercises no control over, and accepts no responsibility for, User Content or
the content of any information passing through Zinglo's computers, network hubs
and points of presence or the Internet. Zinglo does not monitor User Content.
However, you acknowledge and agree that Zinglo may, but is not obligated to,
immediately take any corrective action in Zinglo's sole discretion, including without
limitation removal of all or a portion of the User Content or User Websites, and
suspend or terminate any and all Services without refund if you violate the terms of
this Agreement. You hereby agree that Zinglo shall have no liability due to any
corrective action that Zinglo may take.
6. Third Party Products and Services
. Third Party Providers
Zinglo may offer certain third party products and services. Such products and
services may be subject to the terms and conditions of the third party provider.
Discounts, promotions and special third party offers may be subject to additional
restrictions and limitations by the third party provider. You should confirm the terms
of any purchase and the use of goods or services with the specific third party
provider with whom you are dealing.
Zinglo does not make any representations or warranties regarding, and is not liable
for, the quality, availability, or timeliness of goods or services provided by a third
party provider. You undertake all transactions with these third party providers at your
own risk. We do not warrant the accuracy or completeness of any information
regarding third party providers. Zinglo is not an agent, representative, trustee or
fiduciary of you or the third party provider in any transaction.
A. Zinglo as Reseller or Licensor
Zinglo may act as a reseller or licensor of certain third party services, hardware,
software and equipment used in connection with the Services ("Non-Zinglo
Products"). Zinglo shall not be responsible for any changes in the Services that
cause any Non-Zinglo Products to become obsolete, require modification or
alteration, or otherwise affect the performance of the Services. Any malfunction or
manufacturer's defects of Non-Zinglo Products, either sold, licensed or provided by
Zinglo to you will not be deemed a breach of Zinglo's obligations under this
Agreement. Any rights or remedies you may have regarding the ownership,
licensing, performance or compliance of any Non-Zinglo Product are limited to those
rights extended to you by the manufacturer of such Non-Zinglo Product. You are
entitled to use any Non-Zinglo Product supplied by Zinglo only in connection with
your use of the Services as permitted under this Agreement. You shall make no
attempt to copy, alter, reverse engineer, or tamper with such Non-Zinglo Product or
to use it other than in connection with the Services. You shall not resell, transfer,
export or re-export any Non-Zinglo Product, or any technical data derived therefrom,
in violation of any applicable law, rules or regulations.
B. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by
Zinglo ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures,
designs, sound, video, information, and other content or items belonging to or
originating from third parties ("Third Party Content"). We are not responsible for any
Third Party Sites or Third Party Content accessed through the Services. Third Party
Sites and Third Party Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us. If you decide to access Third
Party Sites or to access or use any Third Party Content, you do so at your own risk
and you should be aware that our terms and policies no longer govern. You should
review the applicable third party's terms and policies, including privacy and data
gathering practices of any website to which you navigate.
. Third Party Providers
Zinglo may offer certain third party products and services. Such products and
services may be subject to the terms and conditions of the third party provider.
Discounts, promotions and special third party offers may be subject to additional
restrictions and limitations by the third party provider. You should confirm the terms
of any purchase and the use of goods or services with the specific third party
provider with whom you are dealing.
Zinglo does not make any representations or warranties regarding, and is not liable
for, the quality, availability, or timeliness of goods or services provided by a third
party provider. You undertake all transactions with these third party providers at your
own risk. We do not warrant the accuracy or completeness of any information
regarding third party providers. Zinglo is not an agent, representative, trustee or
fiduciary of you or the third party provider in any transaction.
A. Zinglo as Reseller or Licensor
Zinglo may act as a reseller or licensor of certain third party services, hardware,
software and equipment used in connection with the Services ("Non-Zinglo
Products"). Zinglo shall not be responsible for any changes in the Services that
cause any Non-Zinglo Products to become obsolete, require modification or
alteration, or otherwise affect the performance of the Services. Any malfunction or
manufacturer's defects of Non-Zinglo Products, either sold, licensed or provided by
Zinglo to you will not be deemed a breach of Zinglo's obligations under this
Agreement. Any rights or remedies you may have regarding the ownership,
licensing, performance or compliance of any Non-Zinglo Product are limited to those
rights extended to you by the manufacturer of such Non-Zinglo Product. You are
entitled to use any Non-Zinglo Product supplied by Zinglo only in connection with
your use of the Services as permitted under this Agreement. You shall make no
attempt to copy, alter, reverse engineer, or tamper with such Non-Zinglo Product or
to use it other than in connection with the Services. You shall not resell, transfer,
export or re-export any Non-Zinglo Product, or any technical data derived therefrom,
in violation of any applicable law, rules or regulations.
B. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by
Zinglo ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures,
designs, sound, video, information, and other content or items belonging to or
originating from third parties ("Third Party Content"). We are not responsible for any
Third Party Sites or Third Party Content accessed through the Services. Third Party
Sites and Third Party Content are not investigated, monitored or checked for
accuracy, appropriateness, or completeness by us. If you decide to access Third
Party Sites or to access or use any Third Party Content, you do so at your own risk
and you should be aware that our terms and policies no longer govern. You should
review the applicable third party's terms and policies, including privacy and data
gathering practices of any website to which you navigate.
7. Prohibited Persons (Countries, Entities, And Individuals).
The Services are subject to export control and economic sanctions laws and
regulations administered or enforced by the United States Department of
Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”),
Department of State, and other United States authorities (collectively, “U.S. Trade
Laws”). You may not use the Services to export or reexport, or permit the export or
reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by
using the Services, you represent and warrant that you are not (a) an individual,
organization or entity organized or located in a country or territory that is the target
of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea
region of Ukraine); (b) designated as a Specially Designated National or Blocked
Person by OFAC or otherwise owned, controlled, or acting on behalf of such a
person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in
nuclear, missile, chemical or biological weapons activities to which U.S. persons
may not contribute without a U.S. Government license. Unless otherwise provided
with explicit written permission, Zinglo also does not register, and prohibits the use
of any of our Services in connection with, any Country-Code Top Level Domain
Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The
obligations under this section shall survive any termination or expiration of this
Agreement or your use of the Services.
The Services are subject to export control and economic sanctions laws and
regulations administered or enforced by the United States Department of
Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”),
Department of State, and other United States authorities (collectively, “U.S. Trade
Laws”). You may not use the Services to export or reexport, or permit the export or
reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by
using the Services, you represent and warrant that you are not (a) an individual,
organization or entity organized or located in a country or territory that is the target
of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea
region of Ukraine); (b) designated as a Specially Designated National or Blocked
Person by OFAC or otherwise owned, controlled, or acting on behalf of such a
person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in
nuclear, missile, chemical or biological weapons activities to which U.S. persons
may not contribute without a U.S. Government license. Unless otherwise provided
with explicit written permission, Zinglo also does not register, and prohibits the use
of any of our Services in connection with, any Country-Code Top Level Domain
Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The
obligations under this section shall survive any termination or expiration of this
Agreement or your use of the Services.
8. Account Security and Zinglo Systems.
. It is your responsibility to ensure that scripts/programs installed under your account
are secure and permissions of directories are set properly, regardless of the
installation method. When at all possible, set permissions on most directories to 755
or as restrictive as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such as user name
and password. You are required to use a secure password. If a weak password is
used, your account may be suspended until you agree to use a more secure
password. Audits may be done to prevent weak passwords from being used. If an
audit is performed, and your password is found to be weak, we will notify you and
allow time for you to change or update your password before suspending your
account.
A. The Services, including all related equipment, networks and network devices are
provided only for authorized customer use. Zinglo may, but is not obligated to,
monitor our systems, including without limitation, to ensure that use is authorized, to
facilitate protection against unauthorized access, and to verify security procedures,
survivability, and operational security. During monitoring, information may be
examined, recorded, copied and used for authorized purposes. By using the
Services, you consent to monitoring for these purposes.
B. Any account found connecting to a third party network or system without
authorization from the third party is subject to suspension. Access to networks or
systems outside of your direct control requires the express written consent of the
third party. Zinglo may, at our discretion, request documentation to prove that your
access to a third party network or system is authorized.
C. Any account which causes us to receive an abuse report may be terminated and/or
have access to services suspended. If you do not remove malicious content from
your account after being notified by Zinglo of an issue, we reserve the right to leave
access to services disabled.
D. Zinglo reserves the right to migrate your account from one data center to another in
order to comply with applicable data center policies, local law or for technical or
other reasons without notice.
. It is your responsibility to ensure that scripts/programs installed under your account
are secure and permissions of directories are set properly, regardless of the
installation method. When at all possible, set permissions on most directories to 755
or as restrictive as possible. Users are ultimately responsible for all actions taken
under their account. This includes the compromise of credentials such as user name
and password. You are required to use a secure password. If a weak password is
used, your account may be suspended until you agree to use a more secure
password. Audits may be done to prevent weak passwords from being used. If an
audit is performed, and your password is found to be weak, we will notify you and
allow time for you to change or update your password before suspending your
account.
A. The Services, including all related equipment, networks and network devices are
provided only for authorized customer use. Zinglo may, but is not obligated to,
monitor our systems, including without limitation, to ensure that use is authorized, to
facilitate protection against unauthorized access, and to verify security procedures,
survivability, and operational security. During monitoring, information may be
examined, recorded, copied and used for authorized purposes. By using the
Services, you consent to monitoring for these purposes.
B. Any account found connecting to a third party network or system without
authorization from the third party is subject to suspension. Access to networks or
systems outside of your direct control requires the express written consent of the
third party. Zinglo may, at our discretion, request documentation to prove that your
access to a third party network or system is authorized.
C. Any account which causes us to receive an abuse report may be terminated and/or
have access to services suspended. If you do not remove malicious content from
your account after being notified by Zinglo of an issue, we reserve the right to leave
access to services disabled.
D. Zinglo reserves the right to migrate your account from one data center to another in
order to comply with applicable data center policies, local law or for technical or
other reasons without notice.
9. HIPAA Disclaimer. We are not "HIPAA compliant."
You are solely responsible for any applicable compliance with federal or state laws
governing the privacy and security of personal data, including medical or other
sensitive data. You acknowledge that the Services may not be appropriate for the
storage or control of access to sensitive data, such as information about children or
medical or health information. Zinglo does not control or monitor the information or
data you store on, or transmit through, the Services. We specifically disclaim any
representation or warranty that the Services, as offered, comply with the federal
Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring
secure storage of "protected health information" as defined under HIPAA are
expressly prohibited from using the Services for such purposes. Storing and
permitting access to "protected health information" is a material violation of this
Agreement, and grounds for immediate account termination. We do not sign
"Business Associate Agreements" and you agree that Zinglo is not a Business
Associate or subcontractor or agent of yours pursuant to HIPAA. If you have
questions about the security of your data, you should contact info@Zinglo.net.
You are solely responsible for any applicable compliance with federal or state laws
governing the privacy and security of personal data, including medical or other
sensitive data. You acknowledge that the Services may not be appropriate for the
storage or control of access to sensitive data, such as information about children or
medical or health information. Zinglo does not control or monitor the information or
data you store on, or transmit through, the Services. We specifically disclaim any
representation or warranty that the Services, as offered, comply with the federal
Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring
secure storage of "protected health information" as defined under HIPAA are
expressly prohibited from using the Services for such purposes. Storing and
permitting access to "protected health information" is a material violation of this
Agreement, and grounds for immediate account termination. We do not sign
"Business Associate Agreements" and you agree that Zinglo is not a Business
Associate or subcontractor or agent of yours pursuant to HIPAA. If you have
questions about the security of your data, you should contact info@Zinglo.net.
10. Compatibility with the Services
. You agree to cooperate fully with Zinglo in connection with Zinglo's provision of the
Services. It is solely your responsibility to provide any equipment or software that
may be necessary for your use of the Services. To the extent that the performance
of any of our obligations under this Agreement may depend upon your performance
of your obligations, Zinglo is not responsible for any delays due to your failure to
timely perform your obligations.
A. You are solely responsible for ensuring that all User Content and User Websites are
compatible with the hardware and software used by Zinglo to provide the Services,
which may be changed by Zinglo from time to time in our sole discretion.
B. You are solely responsible for backing-up all User Content, including but not limited
to, any User Websites. Zinglo does not warrant that we back-up any User Content,
and you agree to accept the risk of loss of any and all User Content.
. You agree to cooperate fully with Zinglo in connection with Zinglo's provision of the
Services. It is solely your responsibility to provide any equipment or software that
may be necessary for your use of the Services. To the extent that the performance
of any of our obligations under this Agreement may depend upon your performance
of your obligations, Zinglo is not responsible for any delays due to your failure to
timely perform your obligations.
A. You are solely responsible for ensuring that all User Content and User Websites are
compatible with the hardware and software used by Zinglo to provide the Services,
which may be changed by Zinglo from time to time in our sole discretion.
B. You are solely responsible for backing-up all User Content, including but not limited
to, any User Websites. Zinglo does not warrant that we back-up any User Content,
and you agree to accept the risk of loss of any and all User Content.
11. Billing and Payment Information
. Prepayment.
It is your responsibility to ensure that your payment information is up to date, and
that all invoices are paid on time. You agree to pay for the Services in advance of
the time period during which such Services are provided. Subject to applicable laws,
rules, and regulations, payments received will be first applied to the oldest
outstanding invoice in your billing account.
A. Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Zinglo of your
desire to cancel the Services, you will be billed on an automatically recurring basis
to prevent any disruption to your Services, using your credit card or other billing
information on file with us.
B. Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue,
excise or other taxes imposed by any taxing authority. Any applicable taxes will be
added to Zinglo's invoice as a separate charge to be paid by you. All fees are nonrefundable when paid unless otherwise stated.
C. Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice
that is outstanding for more than ten (10) days may result in the suspension or
termination of Services. Access to the account will not be restored until payment has
been received. If you fail to pay the fees as specified herein, Zinglo may suspend or
terminate your account and pursue the collection costs incurred by Zinglo, including
without limitation, any arbitration and legal fees, and reasonable attorneys' fees.
Zinglo will not activate new orders or activate new packages for customers who
have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you
fail to make a timely payment. If you make a late payment we do not
automatically reactivate the dedicated servers. Contact Zinglo directly after
you make a late payment to reactivate the dedicated server.
D. Domain Payments.
It is solely your responsibility to notify Zinglo's Billing department via a support ticket
created from https://zinglo.net/submitticket.php after purchasing a domain. Domain
renewal notices are provided as a courtesy reminder and Zinglo is not responsible
for a failure to renew a domain or a failure to notify a customer about a domain's
renewal. Domain renewals are billed and renewed thirty (30) days before the renew
date.
E. Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards,
charge cards, electronic funds transfers, electronic checks, or any other payment
method. Zinglo may report any such misuse or fraudulent use, as determined in
Zinglo's sole discretion, to governmental and law enforcement authorities, credit
reporting services, financial institutions and/or credit card companies.
F. Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Zinglo. If
you have any questions concerning a charge on your account, please reach out to
our billing department for assistance.
G. Payment Card Industry Security Standard Disclaimer.
Zinglo complies with the Payment Card Industry Security Standard ("PCI Standard")
in connection with the collection and processing of our customer's data and billing
information. However, you are solely responsible for the security of the data and
billing information on your User Website. Zinglo does not monitor User Websites for
PCI compliance and we are not able to verify whether a User Website complies with
the PCI Standard.
. Prepayment.
It is your responsibility to ensure that your payment information is up to date, and
that all invoices are paid on time. You agree to pay for the Services in advance of
the time period during which such Services are provided. Subject to applicable laws,
rules, and regulations, payments received will be first applied to the oldest
outstanding invoice in your billing account.
A. Autorenewal.
Unless otherwise provided, you agree that until and unless you notify Zinglo of your
desire to cancel the Services, you will be billed on an automatically recurring basis
to prevent any disruption to your Services, using your credit card or other billing
information on file with us.
B. Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue,
excise or other taxes imposed by any taxing authority. Any applicable taxes will be
added to Zinglo's invoice as a separate charge to be paid by you. All fees are nonrefundable when paid unless otherwise stated.
C. Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice
that is outstanding for more than ten (10) days may result in the suspension or
termination of Services. Access to the account will not be restored until payment has
been received. If you fail to pay the fees as specified herein, Zinglo may suspend or
terminate your account and pursue the collection costs incurred by Zinglo, including
without limitation, any arbitration and legal fees, and reasonable attorneys' fees.
Zinglo will not activate new orders or activate new packages for customers who
have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you
fail to make a timely payment. If you make a late payment we do not
automatically reactivate the dedicated servers. Contact Zinglo directly after
you make a late payment to reactivate the dedicated server.
D. Domain Payments.
It is solely your responsibility to notify Zinglo's Billing department via a support ticket
created from https://zinglo.net/submitticket.php after purchasing a domain. Domain
renewal notices are provided as a courtesy reminder and Zinglo is not responsible
for a failure to renew a domain or a failure to notify a customer about a domain's
renewal. Domain renewals are billed and renewed thirty (30) days before the renew
date.
E. Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards,
charge cards, electronic funds transfers, electronic checks, or any other payment
method. Zinglo may report any such misuse or fraudulent use, as determined in
Zinglo's sole discretion, to governmental and law enforcement authorities, credit
reporting services, financial institutions and/or credit card companies.
F. Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by Zinglo. If
you have any questions concerning a charge on your account, please reach out to
our billing department for assistance.
G. Payment Card Industry Security Standard Disclaimer.
Zinglo complies with the Payment Card Industry Security Standard ("PCI Standard")
in connection with the collection and processing of our customer's data and billing
information. However, you are solely responsible for the security of the data and
billing information on your User Website. Zinglo does not monitor User Websites for
PCI compliance and we are not able to verify whether a User Website complies with
the PCI Standard.
12. Money-back Guarantee
. Dedicated Servers.
There are no refunds on dedicated servers. The five-teen (15) day money- back
guarantee does not apply to dedicated servers.
A. Managed shared, VPS and Reseller Services.
Zinglo offers a five-teen (15) day money- back guarantee for Zinglo's managed
shared, VPS, and reseller hosting services only. Subject to the terms described in
Section 13 below, if you are not completely satisfied with these hosting services and
you terminate your account within five-teen (15) days of signing up for the Services,
you will be given a full refund of the amount paid for hosting. This money-back
guarantee only applies to fees paid for hosting services and does not apply to
administrative fees, install fees for custom software or other setup fees, or to any
fees for any other additional services.
. Dedicated Servers.
There are no refunds on dedicated servers. The five-teen (15) day money- back
guarantee does not apply to dedicated servers.
A. Managed shared, VPS and Reseller Services.
Zinglo offers a five-teen (15) day money- back guarantee for Zinglo's managed
shared, VPS, and reseller hosting services only. Subject to the terms described in
Section 13 below, if you are not completely satisfied with these hosting services and
you terminate your account within five-teen (15) days of signing up for the Services,
you will be given a full refund of the amount paid for hosting. This money-back
guarantee only applies to fees paid for hosting services and does not apply to
administrative fees, install fees for custom software or other setup fees, or to any
fees for any other additional services.
13. Cancellations and Refunds
. Payment Method.
No refunds will be provided if you use any of the following methods of payment:
bank wire transfers, Western Union payments, checks and money orders. If you use
any of these payment methods, any applicable credit will be posted to your hosting
account instead of a refund.
A. Money-back Guarantee.
If an account with a five-teen (15) day money-back guarantee is purchased and
then cancelled within the first forty-five (45) days of the beginning of the term (the
"Money-Back Guarantee Period"), you will, upon your written request to the Zinglo
Support Team (the "Refund Request") within five-teen (15) days of such termination
or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and
reseller hosting fees previously paid by you to Zinglo for the initial term ("MoneyBack Guarantee Refund"); provided that such Money-Back Guarantee Refund shall
be due to you only upon your compliance with, and subject in all respects to the
terms and conditions of, this Section 13. Requests for these refunds must be made
in writing to the Zinglo Support Team. Refunds will only be issued for basic shared,
VPS and reseller hosting services and will not include administrative fees, install
fees for custom software or other setup fees, nor will they include any fees for any
other additional services. Money Back Guarantee Refunds will not accrue, and shall
not be paid under any circumstances, if you do not provide the applicable Refund
Request within the Notice Period.
B. Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you've had an
account with us before, canceled and signed up again, or if you have opened a
second account with us, you will not be eligible for a refund. Violations of this
Agreement will waive your rights under the refund policy.
C. Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install fees for
custom software. Please note that domain refunds will only be considered if the
domain was ordered in conjunction with a hosting package and will be issued at
Zinglo's sole discretion. Any refunds issued for domain names will be reduced by the
market value of the gTLD. Purchases of ccTLDs are non-refundable.
D. Cancellation Process.
You may terminate or cancel the Services by giving Zinglo written notice via
the cancellation form provided. In such event: (i) you shall be obligated to pay all
fees and charges accrued prior to the effectiveness of such cancellation and (ii)
Zinglo may, in our sole discretion, refund all pre-paid fees for basic hosting services
for the full months remaining after the effectiveness of such cancellation (i.e. no
partial month fees shall be refunded) less any setup fees, applicable taxes and any
discount applied for prepayment, provided that you are not in breach of this
Agreement.
Once we receive your cancellation form and have confirmed all necessary
information with you via email, we will inform you in writing (typically email) that your
account has been canceled. Your cancellation confirmation will contain a
ticket/tracking number in the subject line for your reference and for verification
purposes. You should immediately receive an automatic email with a tracking
number stating that "Your request has been received...." Zinglo will confirm your
request and process your cancellation shortly thereafter. If you do not hear back
from us, or do not receive the automatic confirmation email within a few minutes
after submitting your cancellation form, please contact us immediately via Email at:
info@zinglo.net
We require all cancellations to be done through the online form in order to (a)
confirm your identity, (b) confirm in writing that you are prepared for all of your files
and emails to be removed, and (c) document the request. This process aims to
reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that
you are aware that your files, emails, and account may be removed immediately and
permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account's
renewal date. Cancellations for dedicated and VPS accounts will be effective
immediately.
E. Domains.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It
is your responsibility to notify Zinglo's Billing department via a support ticket created
from https://zinglo.net/submitticket.php to cancel any domain registration at least
thirty (30) days prior to the renewal date. No refunds will be given once a domain is
renewed. All domain registrations and renewals are final.
F. Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable.
All refunds are processed in U.S. dollars and will reflect the exchange rate in effect
on the date of the refund. All refunds are subject to this fluctuation and Zinglo is not
responsible for any change in exchange rates between the time of payment and the
time of refund.
G. Termination
Zinglo may terminate your access to the Services, in whole or in part, without notice
in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii)
your conduct may harm Zinglo or others or cause Zinglo or others to incur liability,
as determined by Zinglo in our sole discretion; or (iv) as otherwise specified in this
Agreement. In such event, Zinglo shall not refund to you any fees paid in advance of
such termination, and you shall be obligated to pay all fees and charges accured
prior to the effectiveness of such termination. Additionally, Zinglo may charge you for
all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER
CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
. Payment Method.
No refunds will be provided if you use any of the following methods of payment:
bank wire transfers, Western Union payments, checks and money orders. If you use
any of these payment methods, any applicable credit will be posted to your hosting
account instead of a refund.
A. Money-back Guarantee.
If an account with a five-teen (15) day money-back guarantee is purchased and
then cancelled within the first forty-five (45) days of the beginning of the term (the
"Money-Back Guarantee Period"), you will, upon your written request to the Zinglo
Support Team (the "Refund Request") within five-teen (15) days of such termination
or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and
reseller hosting fees previously paid by you to Zinglo for the initial term ("MoneyBack Guarantee Refund"); provided that such Money-Back Guarantee Refund shall
be due to you only upon your compliance with, and subject in all respects to the
terms and conditions of, this Section 13. Requests for these refunds must be made
in writing to the Zinglo Support Team. Refunds will only be issued for basic shared,
VPS and reseller hosting services and will not include administrative fees, install
fees for custom software or other setup fees, nor will they include any fees for any
other additional services. Money Back Guarantee Refunds will not accrue, and shall
not be paid under any circumstances, if you do not provide the applicable Refund
Request within the Notice Period.
B. Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if you've had an
account with us before, canceled and signed up again, or if you have opened a
second account with us, you will not be eligible for a refund. Violations of this
Agreement will waive your rights under the refund policy.
C. Non-refundable Products and Services.
There are no refunds on dedicated servers, administrative fees, and install fees for
custom software. Please note that domain refunds will only be considered if the
domain was ordered in conjunction with a hosting package and will be issued at
Zinglo's sole discretion. Any refunds issued for domain names will be reduced by the
market value of the gTLD. Purchases of ccTLDs are non-refundable.
D. Cancellation Process.
You may terminate or cancel the Services by giving Zinglo written notice via
the cancellation form provided. In such event: (i) you shall be obligated to pay all
fees and charges accrued prior to the effectiveness of such cancellation and (ii)
Zinglo may, in our sole discretion, refund all pre-paid fees for basic hosting services
for the full months remaining after the effectiveness of such cancellation (i.e. no
partial month fees shall be refunded) less any setup fees, applicable taxes and any
discount applied for prepayment, provided that you are not in breach of this
Agreement.
Once we receive your cancellation form and have confirmed all necessary
information with you via email, we will inform you in writing (typically email) that your
account has been canceled. Your cancellation confirmation will contain a
ticket/tracking number in the subject line for your reference and for verification
purposes. You should immediately receive an automatic email with a tracking
number stating that "Your request has been received...." Zinglo will confirm your
request and process your cancellation shortly thereafter. If you do not hear back
from us, or do not receive the automatic confirmation email within a few minutes
after submitting your cancellation form, please contact us immediately via Email at:
info@zinglo.net
We require all cancellations to be done through the online form in order to (a)
confirm your identity, (b) confirm in writing that you are prepared for all of your files
and emails to be removed, and (c) document the request. This process aims to
reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that
you are aware that your files, emails, and account may be removed immediately and
permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account's
renewal date. Cancellations for dedicated and VPS accounts will be effective
immediately.
E. Domains.
Domain renewals are billed and renewed thirty (30) days before the renewal date. It
is your responsibility to notify Zinglo's Billing department via a support ticket created
from https://zinglo.net/submitticket.php to cancel any domain registration at least
thirty (30) days prior to the renewal date. No refunds will be given once a domain is
renewed. All domain registrations and renewals are final.
F. Foreign Currencies.
Exchange rate fluctuations for international payments are constant and unavoidable.
All refunds are processed in U.S. dollars and will reflect the exchange rate in effect
on the date of the refund. All refunds are subject to this fluctuation and Zinglo is not
responsible for any change in exchange rates between the time of payment and the
time of refund.
G. Termination
Zinglo may terminate your access to the Services, in whole or in part, without notice
in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii)
your conduct may harm Zinglo or others or cause Zinglo or others to incur liability,
as determined by Zinglo in our sole discretion; or (iv) as otherwise specified in this
Agreement. In such event, Zinglo shall not refund to you any fees paid in advance of
such termination, and you shall be obligated to pay all fees and charges accured
prior to the effectiveness of such termination. Additionally, Zinglo may charge you for
all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER
CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
14. CPU, Bandwidth and Disk Usage
. Permitted CPU and Disk Usage.
All use of hosting space provided by Zinglo is subject to the terms of this Agreement
and the Acceptable Use Policy.
. Shared hosting space may only be used for web files, active email and
content of User Websites. Shared hosting space may not be used for
storage (whether of media, emails, or other data), including, as offsite
storage of electronic files, email or FTP hosts. Zinglo expressly reserves the
right to review every shared account for excessive usage of CPU, disk space
and other resources that may be caused by a violation of this Agreement or
the Acceptable Use Policy. Zinglo may, in our sole discretion, terminate
access to the Services, apply additional fees, or remove or delete User
Content for those accounts that are found to be in violation of Zinglo's terms
and conditions.
i. Dedicated and VPS usage is limited by the resources allocated to the
specific plan that you have purchased.
A. Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth
usage is not available for resellers, dedicated or VPS servers, which are subject to
the terms of the plan you purchased and can be viewed in your control panel.
. Permitted CPU and Disk Usage.
All use of hosting space provided by Zinglo is subject to the terms of this Agreement
and the Acceptable Use Policy.
. Shared hosting space may only be used for web files, active email and
content of User Websites. Shared hosting space may not be used for
storage (whether of media, emails, or other data), including, as offsite
storage of electronic files, email or FTP hosts. Zinglo expressly reserves the
right to review every shared account for excessive usage of CPU, disk space
and other resources that may be caused by a violation of this Agreement or
the Acceptable Use Policy. Zinglo may, in our sole discretion, terminate
access to the Services, apply additional fees, or remove or delete User
Content for those accounts that are found to be in violation of Zinglo's terms
and conditions.
i. Dedicated and VPS usage is limited by the resources allocated to the
specific plan that you have purchased.
A. Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth
usage is not available for resellers, dedicated or VPS servers, which are subject to
the terms of the plan you purchased and can be viewed in your control panel.
15. Uptime Guarantee.
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime
guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does
not apply to planned maintenance. Approval of any credit is at the sole discretion of Zinglo and
may be dependent upon the justification provided. Third party monitoring service reports may not
be used for justification due to a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported uptime from the operating system
and the Apache Web Server which may differ from the uptime reported by other individual
services. To request a credit, please visit https://zinglo.net/submitticket.php to create a support
ticket to our Billing department with justification [within thirty (30) days of the end of the month for
which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions.
Dedicated servers are covered by a network guarantee in which the credit is prorated for the
amount of time the server is down which is not related to our uptime guarantee.
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime
guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does
not apply to planned maintenance. Approval of any credit is at the sole discretion of Zinglo and
may be dependent upon the justification provided. Third party monitoring service reports may not
be used for justification due to a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported uptime from the operating system
and the Apache Web Server which may differ from the uptime reported by other individual
services. To request a credit, please visit https://zinglo.net/submitticket.php to create a support
ticket to our Billing department with justification [within thirty (30) days of the end of the month for
which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions.
Dedicated servers are covered by a network guarantee in which the credit is prorated for the
amount of time the server is down which is not related to our uptime guarantee.
16. Reseller Terms and Client Responsibility
. Resellers shall ensure that each of their clients complies with this Agreement.
A. Resellers are responsible for supporting their clients. Zinglo does not provide
support to clients of Zinglo's resellers. If a reseller's client contacts Zinglo, Zinglo
reserves the right to place a reseller client account on hold until the reseller can
assume responsibility for the reseller's client. All support requests must be made by
the reseller on its client's behalf for security purposes.
B. Resellers are also responsible for all content stored or transmitted under their
reseller account and the actions of their clients. Zinglo will hold any reseller
responsible for any of their client's actions that violate the law or this Agreement.
C. Zinglo is not responsible for the acts or omissions of our resellers. The reseller
hereby agrees to indemnify Zinglo from and against any and all claims made by any
User arising from the reseller's acts or omissions.
D. Zinglo reserves the right to revise our Reseller Program at any time. Changes shall
take effect when posted online or on any subsequent date as may be set forth by
Zinglo.
E. Resellers in the Zinglo Reseller Program assume all responsibility for billing and
technical support for each of the Users signed up by the reseller.
. Resellers shall ensure that each of their clients complies with this Agreement.
A. Resellers are responsible for supporting their clients. Zinglo does not provide
support to clients of Zinglo's resellers. If a reseller's client contacts Zinglo, Zinglo
reserves the right to place a reseller client account on hold until the reseller can
assume responsibility for the reseller's client. All support requests must be made by
the reseller on its client's behalf for security purposes.
B. Resellers are also responsible for all content stored or transmitted under their
reseller account and the actions of their clients. Zinglo will hold any reseller
responsible for any of their client's actions that violate the law or this Agreement.
C. Zinglo is not responsible for the acts or omissions of our resellers. The reseller
hereby agrees to indemnify Zinglo from and against any and all claims made by any
User arising from the reseller's acts or omissions.
D. Zinglo reserves the right to revise our Reseller Program at any time. Changes shall
take effect when posted online or on any subsequent date as may be set forth by
Zinglo.
E. Resellers in the Zinglo Reseller Program assume all responsibility for billing and
technical support for each of the Users signed up by the reseller.
17. Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you
must use a reseller account.
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you
must use a reseller account.
18. Dedicated Servers
Zinglo reserves the right to reset the password on a dedicated server if the password on file
is not current so that we may do security audits as required by our datacenter. It is your
responsibility to ensure that there is a valid email address and current root password on file
for your dedicated server to prevent downtime from forced password resets. Zinglo reserves
the right to audit servers as needed and to perform administrative actions at the request of
our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to
maintain backups. Dedicated servers that have invoices outstanding for more than ten (10)
days may be subject to deletion which will result in the loss of all data on the server. Zinglo
will not be liable for any loss of data resulting from such deletion.
Zinglo reserves the right to reset the password on a dedicated server if the password on file
is not current so that we may do security audits as required by our datacenter. It is your
responsibility to ensure that there is a valid email address and current root password on file
for your dedicated server to prevent downtime from forced password resets. Zinglo reserves
the right to audit servers as needed and to perform administrative actions at the request of
our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to
maintain backups. Dedicated servers that have invoices outstanding for more than ten (10)
days may be subject to deletion which will result in the loss of all data on the server. Zinglo
will not be liable for any loss of data resulting from such deletion.
19. Price Change
Zinglo reserves the right to change prices or any other charges at any time. We will provide
you with at least thirty (30) days notice before charging you with any price change on any
annual or longer term plans. It is your sole responsibility to periodically review billing
information provided by Zinglo through the user billing tool or through other methods of
communication, including notices sent or posted by Zinglo.
Zinglo reserves the right to change prices or any other charges at any time. We will provide
you with at least thirty (30) days notice before charging you with any price change on any
annual or longer term plans. It is your sole responsibility to periodically review billing
information provided by Zinglo through the user billing tool or through other methods of
communication, including notices sent or posted by Zinglo.
20. Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers
only and may not be used towards the purchase of a domain registration unless otherwise
specified. If you have previously signed up using a particular domain, you may not sign up
again for that domain using another coupon at a later date. Any account found in violation of
these policies will be reviewed by our Sales department and the appropriate charges will be
added to the account. Coupon abuse will not be tolerated and may result in the suspension
or termination of your account. All coupons and discounts are only valid towards the initial
purchase and do not affect the renewal or recurring price.
Discounts and coupon codes are reserved for first-time accounts or first-time customers
only and may not be used towards the purchase of a domain registration unless otherwise
specified. If you have previously signed up using a particular domain, you may not sign up
again for that domain using another coupon at a later date. Any account found in violation of
these policies will be reviewed by our Sales department and the appropriate charges will be
added to the account. Coupon abuse will not be tolerated and may result in the suspension
or termination of your account. All coupons and discounts are only valid towards the initial
purchase and do not affect the renewal or recurring price.
21. Limitation of Liability
IN NO EVENT WILL ZINGLO ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY
USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR
DOWNLOADED THROUGH THE SERVICES, EVEN IF ZINGLO IS AWARE OR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZINGLO'S
LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO ZINGLO FOR THE SERVICES IN THE THREE
(3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN
AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL
NOT INCREASE THIS LIMIT.
IN NO EVENT WILL ZINGLO ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO
YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST
PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY
USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR
DOWNLOADED THROUGH THE SERVICES, EVEN IF ZINGLO IS AWARE OR HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZINGLO'S
LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO
THE AMOUNT PAID, IF ANY, BY YOU TO ZINGLO FOR THE SERVICES IN THE THREE
(3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN
AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL
NOT INCREASE THIS LIMIT.
22. Indemnification
You agree to indemnify, defend and hold harmless Zinglo, our affiliates, and their respective
officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the
"Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits,
actions, demands, proceedings (whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party
against any of the Indemnified Parties arising out of or relating to (i) your use of the
Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions
by you. The terms of this section shall survive any termination of this Agreement.
You agree to indemnify, defend and hold harmless Zinglo, our affiliates, and their respective
officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the
"Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits,
actions, demands, proceedings (whether legal or administrative), and expenses (including,
but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party
against any of the Indemnified Parties arising out of or relating to (i) your use of the
Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions
by you. The terms of this section shall survive any termination of this Agreement.
23. Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the American
Arbitration Association ("AAA") in connection with any dispute relating to, concerning or
arising out of this Agreement. The arbitration will be conducted before a single arbitrator
chosen by Zinglo and will be held at the AAA location chosen by Zinglo in Texas. Payment
of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless
otherwise stated in this paragraph. In the event you are able to demonstrate that the costs
of arbitration will be prohibitive as compared to the costs of litigation, Zinglo will pay as
much of your filing, administrative, and arbitrator fees in connection with the arbitration as
the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The
arbitration before the AAA shall proceed solely on an individual basis without the right for
any claims to be arbitrated on a class action basis or on bases involving claims brought in a
purported representative capacity on behalf of others. The Federal Arbitration Act, and not
any state arbitration law, governs all arbitration under this paragraph. All decisions rendered
by the arbitrator will be binding and final. The arbitrator's award is final and binding on all
parties. The arbitrator's authority to resolve and make written awards is limited to claims
between you and Zinglo alone. Claims may not be joined or consolidated unless agreed to
in writing by all parties. No arbitration award or decision will have any preclusive effect as to
issues or claims in any dispute with anyone who is not a named party to the arbitration. If
you initiate litigation or any other proceeding against Zinglo in violation of this paragraph,
you agree to pay Zinglo's reasonable costs and attorneys' fees incurred in connection with
our enforcement of this paragraph.
By using the Services, you hereby submit to the exclusive jurisdiction of the American
Arbitration Association ("AAA") in connection with any dispute relating to, concerning or
arising out of this Agreement. The arbitration will be conducted before a single arbitrator
chosen by Zinglo and will be held at the AAA location chosen by Zinglo in Texas. Payment
of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless
otherwise stated in this paragraph. In the event you are able to demonstrate that the costs
of arbitration will be prohibitive as compared to the costs of litigation, Zinglo will pay as
much of your filing, administrative, and arbitrator fees in connection with the arbitration as
the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The
arbitration before the AAA shall proceed solely on an individual basis without the right for
any claims to be arbitrated on a class action basis or on bases involving claims brought in a
purported representative capacity on behalf of others. The Federal Arbitration Act, and not
any state arbitration law, governs all arbitration under this paragraph. All decisions rendered
by the arbitrator will be binding and final. The arbitrator's award is final and binding on all
parties. The arbitrator's authority to resolve and make written awards is limited to claims
between you and Zinglo alone. Claims may not be joined or consolidated unless agreed to
in writing by all parties. No arbitration award or decision will have any preclusive effect as to
issues or claims in any dispute with anyone who is not a named party to the arbitration. If
you initiate litigation or any other proceeding against Zinglo in violation of this paragraph,
you agree to pay Zinglo's reasonable costs and attorneys' fees incurred in connection with
our enforcement of this paragraph.
24. Independent Contractor
Zinglo and User are independent contractors and nothing contained in this Agreement
places Zinglo and User in the relationship of principal and agent, partners or joint venturers.
Neither party has, expressly or by implication, or may represent itself as having, any
authority to make contracts or enter into any agreements in the name of the other party, or
to obligate or bind the other party in any manner whatsoever.
Zinglo and User are independent contractors and nothing contained in this Agreement
places Zinglo and User in the relationship of principal and agent, partners or joint venturers.
Neither party has, expressly or by implication, or may represent itself as having, any
authority to make contracts or enter into any agreements in the name of the other party, or
to obligate or bind the other party in any manner whatsoever.
25. Governing Law: Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this
Agreement or the breach of this Agreement, including any claim based upon an alleged tort,
shall be governed by the substantive laws of the State of Texas. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to this
Agreement.
Any controversy or claim arising out of or relating to this Agreement, the formation of this
Agreement or the breach of this Agreement, including any claim based upon an alleged tort,
shall be governed by the substantive laws of the State of Texas. The United Nations
Convention on Contracts for the International Sale of Goods does not apply to this
Agreement.
26. Disclaimer
Zinglo shall not be responsible for any damages your business may suffer. Zinglo makes no
warranties of any kind, expressed or implied for the Services. Zinglo disclaims any warranty
of merchantability or fitness for a particular purpose, including loss of data resulting from
delays, delivery failures, wrong deliveries, and any and all service interruptions caused by
Zinglo or our employees.
Zinglo shall not be responsible for any damages your business may suffer. Zinglo makes no
warranties of any kind, expressed or implied for the Services. Zinglo disclaims any warranty
of merchantability or fitness for a particular purpose, including loss of data resulting from
delays, delivery failures, wrong deliveries, and any and all service interruptions caused by
Zinglo or our employees.
27. Backups and Data Loss
Your use of the Services is at your sole risk. Zinglo's backup service runs once a week and
overwrites any of our previous backups. Only one week of backups are kept at a time. This
service is provided only to shared and reseller accounts as a courtesy and may be modified
or terminated at any time at Zinglo's sole discretion. Zinglo does not maintain backups of
dedicated accounts. Zinglo is not responsible for files and/or data residing on your account.
You agree to take full responsibility for all files and data transferred and to maintain all
appropriate backup of files and data stored on Zinglo's servers.
Any shared account using more than 20 gigs of disk space will be removed from our off site
weekly backup with the exception of databases continuing to be backed up. All data will
continue to be mirrored to a secondary drive to help protect against data loss in the event of
a drive failure.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION,
ZINGLO AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER.
ZINGLO AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED
THROUGH THE SERVICES. ZINGLO AND OUR AFFILIATES, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY
LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM
USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF
THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Your use of the Services is at your sole risk. Zinglo's backup service runs once a week and
overwrites any of our previous backups. Only one week of backups are kept at a time. This
service is provided only to shared and reseller accounts as a courtesy and may be modified
or terminated at any time at Zinglo's sole discretion. Zinglo does not maintain backups of
dedicated accounts. Zinglo is not responsible for files and/or data residing on your account.
You agree to take full responsibility for all files and data transferred and to maintain all
appropriate backup of files and data stored on Zinglo's servers.
Any shared account using more than 20 gigs of disk space will be removed from our off site
weekly backup with the exception of databases continuing to be backed up. All data will
continue to be mirrored to a secondary drive to help protect against data loss in the event of
a drive failure.
Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION,
ZINGLO AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER.
ZINGLO AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS
TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED
THROUGH THE SERVICES. ZINGLO AND OUR AFFILIATES, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY
LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM
USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF
THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
28. Disclosure to Law Enforcement
Zinglo may disclose User information to law enforcement agencies without further consent
or notification to the User upon lawful request from such agencies. We cooperate fully with
law enforcement agencies.
Zinglo may disclose User information to law enforcement agencies without further consent
or notification to the User upon lawful request from such agencies. We cooperate fully with
law enforcement agencies.
29. Entire Agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior
discussions, negotiations and agreements between the parties with respect to the subject
matter hereof, and this Agreement constitutes the sole and entire agreement between the
parties with respect to the matters covered hereby.
This Agreement, including documents incorporated herein by reference, supersedes all prior
discussions, negotiations and agreements between the parties with respect to the subject
matter hereof, and this Agreement constitutes the sole and entire agreement between the
parties with respect to the matters covered hereby.
30. Headings.
The headings herein are for convenience only and are not part of this Agreement.
The headings herein are for convenience only and are not part of this Agreement.
31. Changes to the Agreement or the Services
Zinglo may modify, add, or delete portions of this Agreement at any time. If we have made
significant changes to this Agreement, we will post a notice on the Zinglo website for at least
thirty (30) days after the changes are posted and will indicate at the bottom of this
Agreement the date of the last revision. Any revisions to this Agreement will become
effective when posted unless otherwise provided. You agree to any modification to this
Agreement by continuing to use the Services after the effective date of any such
modification.
Zinglo reserves the right to modify, change, or discontinue any aspect of the Services at any
time.
Zinglo may modify, add, or delete portions of this Agreement at any time. If we have made
significant changes to this Agreement, we will post a notice on the Zinglo website for at least
thirty (30) days after the changes are posted and will indicate at the bottom of this
Agreement the date of the last revision. Any revisions to this Agreement will become
effective when posted unless otherwise provided. You agree to any modification to this
Agreement by continuing to use the Services after the effective date of any such
modification.
Zinglo reserves the right to modify, change, or discontinue any aspect of the Services at any
time.
32. Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless
otherwise specified) thereof shall remain in full force and effect.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless
otherwise specified) thereof shall remain in full force and effect.
33. Waiver
No failure or delay by you or Zinglo to exercise any right or remedy hereunder shall operate
as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude
any other or further exercise of any right or remedy. No express waiver of, or assent to, any
breach of or default in any term or condition of this Agreement by any party hereto shall
constitute a waiver of, or an assent to, any succeeding breach of or default in the same or
any other term or condition hereof.
No failure or delay by you or Zinglo to exercise any right or remedy hereunder shall operate
as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude
any other or further exercise of any right or remedy. No express waiver of, or assent to, any
breach of or default in any term or condition of this Agreement by any party hereto shall
constitute a waiver of, or an assent to, any succeeding breach of or default in the same or
any other term or condition hereof.
34. Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations
hereunder, without the prior written consent of Zinglo. Any attempted assignment in violation
of this Agreement shall be null and void and of no force or effect whatsoever. Zinglo may
assign our rights and obligations under this Agreement, and may engage subcontractors or
agents in performing our duties and exercising our rights hereunder, without the consent of
User. This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
You may not assign or transfer this Agreement or any of your rights or obligations
hereunder, without the prior written consent of Zinglo. Any attempted assignment in violation
of this Agreement shall be null and void and of no force or effect whatsoever. Zinglo may
assign our rights and obligations under this Agreement, and may engage subcontractors or
agents in performing our duties and exercising our rights hereunder, without the consent of
User. This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
35. Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations
under this Agreement (other than failure to make payments when due) if such default or
delay is caused, directly or indirectly, by forces beyond such party's reasonable control,
including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or
terrorism, interruptions of transportation or communications, supply shortages or the failure
of any third party to perform any commitment relative to the production or delivery of any
equipment or material required for such party to perform its obligations hereunder.
Neither party is liable for any default or delay in the performance of any of its obligations
under this Agreement (other than failure to make payments when due) if such default or
delay is caused, directly or indirectly, by forces beyond such party's reasonable control,
including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or
terrorism, interruptions of transportation or communications, supply shortages or the failure
of any third party to perform any commitment relative to the production or delivery of any
equipment or material required for such party to perform its obligations hereunder.
36. Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is
intended, nor shall anything herein be construed to confer any rights in any person other
than the parties hereto and their respective successors and permitted assigns.
Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a thirdparty product or service that is identified as a third-party beneficiary in the service
description, is an intended third-party beneficiary of the provisions set forth in this
Agreement as they relate specifically to its products or services and shall have the right to
enforce directly the terms and conditions of this Agreement with respect to its products or
services against user as if it were a party to this Agreement.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is
intended, nor shall anything herein be construed to confer any rights in any person other
than the parties hereto and their respective successors and permitted assigns.
Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a thirdparty product or service that is identified as a third-party beneficiary in the service
description, is an intended third-party beneficiary of the provisions set forth in this
Agreement as they relate specifically to its products or services and shall have the right to
enforce directly the terms and conditions of this Agreement with respect to its products or
services against user as if it were a party to this Agreement.
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