THIS IS A FAIRLY LENGTHY DOCUMENT, AND IT CONTAINS MANY IMPORTANT PROVISIONS THAT AFFECT YOUR RIGHTS AND OBLIGATIONS. BY USING ANY ZAMURAI BLOGGEROWNED SERVICE, YOU HEREBY AGREE TO BE BOUND BY THIS AGREEMENT. WE ENCOURAGE YOU TO PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
The use of services and products from Zamurai Blogger LLC. [hereafter referred to as Zamurai Blogger .constitutes agreement to these terms.
- Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose.
It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied
2.) Content
All services provided by Zamurai Blogger LLC. may only be used for lawful purposes. The laws of the State of Florida, and the United States of America apply.
The customer agrees to indemnify and hold harmless Zamurai Blogger LLC. from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the suspension or termination of your account. If you believe that your copyright or trademark is being infringed upon, please use the contact form on our website to inform us. If the request is of a licensing issue, we may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, muds / rpgs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that in our judgement that is obscene or threatening is prohibited and will be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists and double opt-in will not be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Zamurai Blogger LLC. reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Zamurai Blogger LLC. reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Zamurai Blogger LLC..
4.) Payment Information
You agree to supply appropriate payment for the services received from Zamurai Blogger LLC., in advance of the time period during which such services are provided. You agree that until and unless you notify Zamurai Blogger LLC. of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via our support ticket system or through the cancellation feature within your account or by calling Zamurai Blogger LLC. It is the clients responsibility to ensure that all fees and charges are paid on time, no reminder calls or snail mail or otherwise will be sent out. Any account with a past due balance will be automatically suspended and consequently terminated after 30 days unless payment is made in full.
Zamurai Blogger LLC. reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Zamurai Blogger LLC. is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Zamurai Blogger LLC. servers.
6.) Cancellations and Refunds
Zamurai Blogger reserves the right to cancel the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
There are no refunds on signup fees, membership fees, upgrade fees, monthly fees, hosting fees, website design and/or setup fees, reseller fees and dedicated server fees, administrative fees, install fees, setup fees for custom software or service, or domain name purchases. Refund requests are not available.
Only accidental accounts are eligible for a refund. For example, if you had an account with us before, and accidentally signed up again, you will be eligible for a refund or if you have opened a second account with us by mistake.
Violations of the Terms of Service will waive the refund policy.
7.) Resource Usage / Bandwidth and Disk Usage
How much disk space and bandwidth will my plan include?
There are set limits on the disk space or data transfer (bandwidth) that we provide in our plans. We want you to have the resources you need to build a great online presence, and 99.95% of all customers will have more than enough disk space and bandwidth to meet their needs.
That being said, we do require all customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth in the normal operation of a personal or small business website. While it is rare, we may need to put constraints on accounts that are using resources beyond what would be expected in the normal operation of a personal or small business website. Typically, customers only run into issues if they use their accounts for storage or file sharing, which is not what our services are intended to support. In accordance with out Terms of Services the disk space and bandwidth you use must be integrated into the normal operation of your website.
How do you determine “normal” operation?
We regularly run customer bandwidth and disk space utilization through a series of statistical analyses and use the results of these studies to define normal. Although the actual results of these analyses vary from month to month, one thing remains constant: 99.95% of our customers fall into “normal” range. Typically, customers who fall outside the normal range are using their accounts for file storage or sharing rather than hosting.
If you have a question about whether your website will fall into the normal range, feel free to contact our team. We’ll be happy to talk about your specific needs before you purchase your plan.
What happens if I exceed “normal” usage?
Generally, we provide customers with a minimum of 48 hours to make adjustments before taking the account offline or terminating it. Again, the most common situations involve customers who use their accounts for storage of files—particularly multimedia files—that are not linked off of their websites. It is very rare for a customer who is managing a personal or small business website to exceed normal usage.
Users may not:
- a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
h) Run cron entries with intervals of less than 15 minutes
8.) Plans with Bandwidth Usage Restrictions.
If your plan is allocated a monthly bandwidth allowance. This allowance varies depending on the plan you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
9.) Money back Guarantee
There are no refunds on signup fees, membership fees, upgrade fees, monthly fees, hosting fees, website design and/or setup fees, reseller fees and dedicated server fees, administrative fees, install fees, setup fees for custom software or service, or domain name purchases. Refund requests are not available.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Zamurai Blogger LLC. does not provide support to our Resellers Clients. If a resellers client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Zamurai Blogger LLC. will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.
11.) Shared (non-reseller accounts)
Shared accounts may not resell plan to other people, if you wish to resell any of our plan you must use a reseller account.
12.) Dedicated Servers
Zamurai Blogger LLC. 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 the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Zamurai Blogger LLC. reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.
13.) Price Change
The amount you pay for hosting may increase from the date of purchase. We reserve the right to change prices listed on Zamurai Blogger or any Zamurai Blogger LLC. owned medium or site, and the right to increase or decrease the amount of resources given to plans at any time. It is the clients responsibility to ensure that all fees and charges are paid on time, no reminder calls or snail mail or otherwise will be sent out. Any account with a past due balance will be automatically suspended and consequently terminated after 30 days unless payment is made in full.
14.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Zamurai Blogger LLC. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys fees asserted against Zamurai Blogger LLC., its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Zamurai Blogger LLC. against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Zamurai Blogger LLC.; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Zamurai Blogger LLC.s server.
15.) Disclaimer
Mypancho shall not be responsible for any damages your business may suffer. Zamurai Blogger LLC. makes no warranties of any kind, expressed or implied for services we provide. Zamurai Blogger LLC. disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Zamurai Blogger LLC. and its employees.
16.) Disclosure to law enforcement
Zamurai Blogger LLC. may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
17.) Changes to the TOS
Zamurai Blogger LLC. reserves the right to revise its policies at any time without notice.