Terms of Service

[MarcAlle]

ZemHost Terms of Service

Updated: July 18, 2010

ZemHost.com provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of ZemHost.com are subject to the following terms of service:

Indemnification Policy

You agree to use all ZemHost.com services and facilities at your own risk. ZemHost.com specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ZemHost.com be liable for any losses, or loss of data, or other commercial damage, including but not limited to; special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold ZemHost.com harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ZemHost.com, 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 ZemHost.com against liabilities arising out of: any injury to person or property caused by any products sold or otherwise distributed in connection with ZemHost.com's server. ZemHost.com reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to the customer from ZemHost.com's server. ZemHost.com shall be the sole judge of what violates this Policy.

Acceptable Use Policy

All services provided by ZemHost.com may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ZemHost.com and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all ZemHost.com servers. This includes sites that contain sexually explicit or hardcore images and/or advertising. ZemHost.com does not prohibit sites of an mature nature, but we do not allow pornographic sites. If you think your site may violate our Terms Of Service, please ask us before signing up for an account so that we may determine if we can host your site. ZemHost.com reserves the right to determine what is and what is not acceptable for our servers.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violations are not refunded under any circumstances.

ZemHost.com reserves the right to limit any user's account parameters, including but not limited to: disk space, bandwidth, file size, number of files, domains etc. Any user found to be abusing their hosted parameters will have their account suspended.

Important rules

• Sites related to torrents cannot be hosted
• No adult content of any kind.
• Account cannot be used to store files only.
• No mass mailers / spammers (account will be automatically suspended if you will try to send mass mail). If your software supports such feature, disable it immediately.
• Nulled software such as ip.board or vbulletin is not allowed to be hosted
• Accounts can not be used for the sole reason of hosting for storing
• Sites designed to file sharing / archive / backup / mirroring purposes are not allowed.

CGI Scripts:

Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include: adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

IRC egg drops

Chat Scripts

Proxy servers

Mail bombers

Anonymous mailers

IP spoofers

Port scanners

Hivemail

Telnet or SSH Access Scripts

Online FTP software/File managers

nph-proxy (and other scripts what operates like proxy)

UBB (Ultimate Bulletin Board, all versions)

lstmrge.cgi

phpShell

eyeOS (or any online os)

Rapidleech Scripts

phpMyAdmin (or any script that works in the same way)

FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.


vBulletin, Invision Power Board

We will suspend all accounts that have vBulletin or IPB on their account only IF the main domain is a ".co.cc", ".zemhost.com" or another "free domain". This is in effort to stop piracy and keep the server free of nulled software. You have 24 hr to prove that the software is not nulled, or we will terminate the account and all files will be lost. If you are able to prove that you paid for the software then you may use it. But we will report it to vBulletin and if they tell us that the software is nulled we will terminate the account.

Background Running Programs

Background daemons in general are prohibited, we will consider requests on a case by case basis. If allowed, extra charges will be assessed based on resources on system maintenance needed.

IRC

We currently do not allow IRC or IRC bots to be operated on our servers.

Commercial Advertising - Email

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM/illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

Account Email

If at any time zemhost sends an email to your account and receives an undeliverable message from "mailer daemon", or another system which indicates the receiving email is invalid, the account associated with that email will be suspended immediately. This cannot be reserved or unsespended. Please ensure you provide a valid email address.

Inactive Accounts

You may not leave your account with our default page on it for any more than two weeks after registration. If you fail to have any website uploaded, or have not pointed your main domain to our nameservers, we reserve the right to suspend or terminate your account at any time.

Suspended Accounts

Accounts which are suspended will remain suspended for 5 days. After this period they will be terminated. They will be non recoverable. If you contact us the day before and you have a pending support ticket your account will be held for 5 more days and then unsuspended depending on the case outcome.

Accounts which are suspended for server abuse such as but not limited to DDoS, hacking or illegal content will be terminated on spot and will pass the 5 day waiting period. You can not recover the account.

[MarcAlle]

CPU Usage

Accounts are limited to 1% of CPU usage. This is not very high, but because we are providing a free service, that is what we have it set as. Zemhost.com requires that all scripts are compressed as much as possible and that no server intensive programs are run. This ensures a fair hosting experience from all. Once your hosting is over 1% for a period of 1 hour or longer, your account will be suspended and it will be suggested that you upgrade to Stream101's paid service or your site will remain suspended.

Terminated Accounts

Accounts which have been terminated can not be restored. However, depending on the reason your account was terminated you may request a new account from us in the ZemHost forums. Accounts will be recreated on case by case biases.

LIMITATION OF LIABILITY:

ZemHost.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ZemHost.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, ZemHost.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ZemHost.com servers. All damages shall be limited to the immediate termination of service.

DISCLAIMER

ZemHost.com cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by ZemHost.com are resold. Thus, certain equipment, routing, software, and programming used by ZemHost.com are not directly owned or written by ZemHost.com . Moreover, ZemHost.com holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ZemHost.com sees fit. FURTHERMORE, ZemHost.com retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

NOTICE

We reserve the right to change, modify, add, or remove any part of this document. We reserve the right to do so without the notification of our users/members. It is the responsibility of the user/member to keep up with the 'living' documents that we (ZemHost) publish.

The Secret Number: 6580856730

(This number is required for registration, and not part of terms of service.)