This Terms of Service Agreement (this “Agreement”) is entered into by and between ZynoHost and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of ZynoHost’s services (“Services”) purchased or accessed through the ZynoHost.in website (this “Site”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular services you purchase or access through ZynoHost.in.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
The terms “we”, “us” or “our” shall refer to ZynoHost/ZynoHost.in (or the registered firm under which ZynoHost operates). The terms “you”, “your”, “User”, “Subscriber” or “Customer” shall refer to any individual or entity who accepts this agreement. Nothing in this agreement shall be deemed to confer any third-party rights or benefits.
ZynoHost, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. You acknowledge and agree that (i) ZynoHost may notify you of such changes or modifications by posting them to this site and (ii) your use of this site or the services found at this site after such changes or modifications have been made (as indicated by the “Last Revised” date) shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services found at this site.
2. ELIGIBILITY AUTHORITY
This site and the services found at this site are available only to users who can form legally binding contracts under applicable law. By using this Site or the Services found at this site, you represent and warrant that you are (i) at least 18 years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this agreement, ZynoHost finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations. ZynoHost shall not be liable for any loss or damage resulting from ZynoHost’s reliance on any instruction, notice, document or communication reasonably believed by ZynoHost to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, ZynoHost reserves the right (but undertakes no duty) to require additional authentication from you.
3. ACCEPTABLE USAGE POLICY
As a provider of web site hosting and other Internet-related services, ZynoHost offers its customer (also known as “Subscribers”) and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. ZynoHost respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, ZynoHost reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, ZynoHost has developed an Acceptable Usage Policy (“AUP”), which supplements and explains certain terms of each customer’s respective service agreement, and is intended as a guide to the customer’s rights and obligations when using ZynoHost’ services.
This AUP is necessary to ensure our hosting services are used fairly and our services operate reliably for all customers. Resources provided on all our hosting services including but not limited to Reseller Accounts, Web Hosting Accounts (Shared Hosting Accounts), Virtual Private Servers and Dedicated Servers are all governed by this Fair Usage Policy.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that ZynoHost cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because ZynoHost cannot monitor or censor the Internet, and will not attempt to do so, ZynoHost cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that ZynoHost does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, trademark infringement, defamation and other harmful speech. Also, because the information created is carried over ZynoHost’s network and may reach a large number of people, including both subscribers and non-subscribers of ZynoHost, subscribers’ postings to the Internet may affect other subscribers and may affect ZynoHost’s goodwill, business, reputation or operations. For these reasons, subscribers violate ZynoHost policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Unacceptable Content or Links:
Examples of unacceptable content or links include but not limited to:
Hacker programs or archives
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, TORRENT PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND NO REFUND SHALL BE PROVIDED. ADDITIONALLY, ZYNOHOST WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward ZynoHost, but also because it can overload ZynoHost’s network and disrupt service to ZynoHost’s subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, ZynoHost will investigate and shutdown the account that is SPAMing. A charge of Rs. 5000 for violating this policy will be charged to the person initiating the SPAM. Furthermore ZynoHost reserves the right to prosecute for this violation.
Audio/Video Streaming is not hosting friendly. As such, ZynoHost does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
ZynoHost does not allow adult content and will suspend/terminate any offending account.
Large File Policy:
ZynoHost is not for file hosting and distribution – as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files etc. If you are unsure whether your file is against this policy, please send us an inquiry from the contact us page.
Obscene Speech or Materials:
Using ZynoHost’s network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. ZynoHost is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using ZynoHost’s network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual’s system (often known as “hacking”). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
ZynoHost reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, running a proxy server/service, Gaming server, IRC (Internet Relay Chat) network, Web spider program, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that ZynoHost determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. ZynoHost will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with ZynoHost’s policy or applicable law. However, when ZynoHost becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by ZynoHost.
ZynoHost is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching ZynoHost’s facilities from those subscribers may have originated from a customer of the subscriber or from another third party. ZynoHost does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. ZynoHost reserves the right to directly take action against a customer of its subscribers. Also, ZynoHost may take action against the ZynoHost’s subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, ZynoHost anticipates that subscribers who offer Internet services will cooperate with ZynoHost in any corrective or preventive action that ZynoHost deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ZynoHost policy.
ZynoHost will not intentionally monitor private electronic mail messages sent or received by its subscribers, subscribers’ hosted files or database information unless required to do so by law, governmental authority or when public safety is at stake. ZynoHost may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, ZynoHost may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. ZynoHost assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, ZynoHost may disclose subscriber information or information transmitted over its network where necessary to protect ZynoHost and others from harm, or where such disclosure is necessary to the proper operation of the system. However, ZynoHost will never sell information to other services or outside companies.
ZynoHost expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber’s failure to comply with those laws will violate ZynoHost policy. Finally, ZynoHost wishes to emphasize that, in signing the Service Agreement, subscribers indemnify ZynoHost for any violation of the Service Agreement, law or ZynoHost policy resulting in loss to ZynoHost or the bringing of any claim against ZynoHost by any third party. This means that, if ZynoHost is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will be responsible for payment of any damages awarded against ZynoHost, plus costs and reasonable attorney’s fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including ZynoHost and its subscribers, as responsible members of the Internet. Any complaints about a subscriber’s violation of this AUP should be sent to abuse department which can reached at the email: abuse[@]zynohost.in.
4. PAYMENT AND REFUND POLICY
4.1. All accounts are set-up on a pre-pay basis only.
4.2. All discounts applied on the subscription fee are only for the first time orders and may not applicable during the period of renewal.
4.3. We will suspend your account if outstanding bills have not been paid in within 3 days of due date. ZynoHost reserves the right to suspend the account.
4.4. ZynoHost reserves the right to impose a re-activation fee for accounts that have been suspended.
4.5. If you are not fully satisfied with our hosting services, just request us for a refund within the first 30 days of your hosting account activation. We’ll refund you 100% of your hosting subscription fees without asking any question. However, this guarantee will be void if you breach any of our Terms of Service mentioned in this agreement. Please note that Domain Registration (and related services), Dedicated server and VPS services are non refundable and hence exempted from this Refund Policy. 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, you will not be eligible for a refund or if you have opened a second account with us.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION AUTOMATICALLY RENEWS THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WHILE THE DETAILS OF THE AUTOMATIC RENEWAL OPTION VARY FROM SERVICE TO SERVICE, THE SERVICES THAT OFFER AN AUTOMATIC RENEWAL OPTION TREAT IT AS THE DEFAULT SETTING. THEREFORE, UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, ZYNOHOST WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH ZYNOHOST AT ZYNOHOST’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. IN ORDER TO SEE THE RENEWAL SETTINGS APPLICABLE TO YOU AND YOUR SERVICES, SIMPLY LOG INTO YOUR CLIENT AREA FROM THIS SITE AND FOLLOW THE STEPS FOUND HERE. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND ZYNOHOST SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
5.1. We strongly encourage all of our customers to do their own backups on their home computers or CD to ensure you have ready access to your data in the event, we should have a hardware failure. Although we regularly take backups of our server and we do not expect anything like this to occur, we want you to be prepared in the event that it does. Please kindly take backups of your all files.
5.2. 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, ZYNOHOST 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.
5.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
5.4. ZynoHost does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that ZynoHost’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 ZynoHost.
6. RESOURCE USAGE POLICY
For Shared and Reseller Hosting:
CPU Usage: The maximum limit of CPU usage with ZynoHost is 10%. If this limit is exceeded, it shouldn’t exceed more than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts shall not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.
Hosting accounts created should not exceed limits which if in good faith ZynoHost believes will have adverse effects on the normal optimal operation of our services.
ZynoHost reserves the right to terminate the hosting contract and refuse to renew the service if it consider client usage of resources are violating our resource usage policy.
Unlimited Storage Disclaimer
Our Web Hosting plans are designed to host most personal, small business and organization websites. We do not limit the amount of storage and bandwidth your site can use as long as it complies with our Hosting Agreement. Should your website bandwidth or storage usage present a risk to the stability, performance or uptime of our servers, we will notify you via email and you may be required to upgrade to a Virtual Private Server or Dedicated (Private) Server, or we may restrict the resources your website is using. It’s very rare that a website violates our Hosting Agreement and is typically only seen in sites that use hosting for file sharing or storage.
7. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ZYNOHOST, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZYNOHOST, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES.
ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ZYNOHOST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ZYNOHOST, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL ZYNOHOST, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ZYNOHOST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall ZynoHost’s total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
9. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the federal law of India and the state law of Karnataka, whichever is applicable, without regard to conflict of laws principles. In any event of dispute the area of Jurisdiction would be Bangalore only.
- Your hosting account & data will not be available on failure to renew the service on time. System will automatically deletes your data if you fail to renew on time.
- Domain registration is subject to availability of domain name at the time of registration. All domain names registered through ZynoHost are sponsored by ResellerClub and is subject to Registrant agreement mentioned here.
- ZynoHost cannot be held responsible for any failure of domain or hosting transfer from other service provider. When transferring a domain from other service provider under some situation it may not be technically possible to transfer it successfully due to wrong EPP code or blocking the domain by other service provider or any other reasons, user understands that it is their responsibility to ensure that the domain is renewed with other service provider or transferred to ZynoHost successfully.
10. AFFILIATE TERMS
If you join our Affiliate program and start promoting our products to earn a commission you are bound to the following additional terms:
- All commissions are held in our systems for 40 days for fraud/cancellation policy reasons.
- The minimum payout is 3000.
- All commissions are paid through Cheque, PayPal or Bank Transfer.
- Affiliates are not allowed to buy hosting on their own referral link.
- Commission will be given only on first billing of customer.
- Commission will be given only on Shared and Reseller hosting orders and not on domain registration, VPS, Dedicated Servers and other services.
Last Revised Date: 28 September, 2016.