Please review the Terms of Service below. Submitting your order indicates agreement to ZingServe Terms of Service.
 
Terms and Conditions:  top
 
ZingServe reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. ZingServe strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other ZingServe customers and us against such harm.

Content:  top
 
All services provided by ZingServe 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, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless ZingServe from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all ZingServe servers. This includes sites that may infer sexual content, or links to adult content elsewhere. ZingServe will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to ZingServe servers or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Warez sites
• Pornography and sex-related materials
• Online gambling

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

ZingServe does not host sites of its competitors or web pages promoting sites of its competitors.

ZingServe will be the sole arbiter as to what constitutes a violation of this provision.

Email Advertising:  top
 
ZingServe and its clients accounts may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 100 email addresses or more than 10 news groups. Spamming, or the sending of unsolicited e-mail, from our server or using an e-mail address or domain that is maintained on our machine as reference is STRICTLY prohibited. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted. Sites such as "safe lists" are also strictly prohibited. We reserve the right to shutdown any sites that we consider harmful to performance. You may be required to pay a re-activation fee of $50. 

Accounts canceled due to Spam abuse may be billed a "clean up" fee of $250.

ZingServe will be the sole arbiter as to what constitutes a violation of this provision.

SPAM Policy:  top
 
ZingServe is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: over the ZingServe network, by customers or any other users of the ZingServe network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the ZingServe server.

Sending unsolicited commercial email (a.k.a. "Spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a ZingServe email address or web site URL is prohibited. The use of ZingServe servers as a mail drop for responses to activities described above is also prohibited.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Accounts canceled due to Spam abuse may be billed a "clean up" fee of $250.

If you have any complaints or comments regarding Spam on our network, please direct them via email to: abuse@zingserve.com 

Resource Usage / Script Usage:  top
 
Resources are defined as CPU usage, memory usage and available system resources.
When an account is found to be manipulating and/or abusing resources, we may implement the following policy:

When an account is found to be manipulating and/or abusing resources, ZingServe reserves the right to suspend, terminate, or make appropriate changes to the account to prevent the account from continually manipulating and/or abusing resources. Prior notice may or may not be given, depending on the severity of the imposed threat.

This policy is only used in extreme cases to prevent misuse and is in effect to keep our servers fast and stable at all times.

The following scripts are banned on all ZingServe servers:

- UltimateBBS (all versions)
- Ikonboard (all versions) 
- Greymatter (all versions)
- IRC Egg Drops & IRC related programs.(chat software)
- Proxy Servers 
- nph-proxy
- The Anonymizer 
- formmail.pl
- formail.cgi
- lstmrge.cgi
- NewsPHP
- Formmail scripts earlier than Matt Wright’s v1.92 script
- Shell, SSH, Telnet Scripts and Shell, Telnet Alternatives
- Any script that uses & processes a massive number of flatfiles or large flatfile databases.
- Any script determined by our administrative staff to be harmful to the server and/or network.
 

IRC:  top
 
ZingServe currently does not allow IRC or IRC bots to be operated on our servers.

Sub Domains:  top
 
All sub domains must adhere to the policies and terms represented in this entire document.

Server Abuse:  top
 
Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we reserve the right to suspend that domain without any notice. It is the clients responsibility to contact ZingServe to request potential domain reactivation.

Refusal of Service:  top
 
Failure to follow any term or condition will be grounds for immediate account deactivation. ZingServe reserves the right to refuse, cancel, or suspend service at our sole discretion.

Payment Policies, Fees, Refunds:  top
 
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. Prepayment is due each anniversary (one month, one quarter, bi-annually or one year) following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended. If we have not received payment after 15 days from your billing due date, your account will be placed in suspension, until payment has been received or other arrangements are made. The suspension period lasts for a total of 15 consecutive days - if payment has not been received by the end of the 15 day suspension period, your account will be terminated from the server. Backups of terminated accounts may or may not be available and there are no guarantees of availability. If a site restoration is requested and there is an available backup, a $50 restoration fee will be charged and is due prior to site restoration.

We do give refunds for full months unused, should you want to cancel prepaid service. If you decide to cancel after prepayment, you will not receive a refund for the current month in use (we do not give partial months refunds). If you have prepaid and received a multi-month discount, upon cancellation we will figure the refund by retroactively withdrawing the discount back to the start date of the contract. This will result in paying full undiscounted price for the months used and refunding the balance. This only applies to cancellation by the client. If cancellation is made by ZingServe due to TOS or restrictions violation, there will be no refund. ZingServe will only allow for the discount if cancellation is not the fault of the client, as determined by ZingServe. All monetary transactions are in $US dollars. Additional features can be added at any time. Monthly feature prices are not prorated. ZingServe reserves the right to change prices at any time.

30 Day Money-Back Guarantee:  top
 
Try our service absolutely risk-free! If you wish to cancel your account for any reason within the first 30 days, you will receive a full refund for all hosting services. This offer applies to the initial contracted term and does not include domain name registration, or other fees. If the account has been terminated by ZingServe due to TOS - (Terms of Service) violations, then no refunds will be given.

Refund Provisions:

• Any downtime was not a result of Network outages.
• You have not violated any Terms of Service.
• Your account was not suspended for TOS violations.
• There are no open billing related issues with your account.
• There was no attempt at Fraud associated with your account.

You may submit a refund request via our help desk. Please be sure to specifically state that you are requesting a refund and please state your reasons.

Please note that payment for domains names will NOT be refunded. Applications are reviewed on a case by case basis. 

Canceling Account:  top
 
You may cancel at anytime. To cancel your account, please contact our support department. Notification of cancellation must be received at least ten business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from ZingServe that the account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations.

SSH Policy:  top
 
With the exception of dedicated server plans and unless otherwise noted, ZingServe enforces a strict "No SSH" policy. Any domain that uses a script which may be used to elevate user privileges or enable SSH services, will be instantly suspended.
 

Scripts Policy:  top
 
Each account comes with its own CGI-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that adversely affects normal server operation or service to other ZingServe customers. You will be notified in 24 hours regarding the offending CGI script. 

ZingServe is not responsible for scripts that you use in your hosting account(s). It is not our responsibility to ensure your scripts function. Please don't expect or ask ZingServe support technicians to troubleshoot your scripts or third-party applications.

ZingServe provides technical support for our Servers and Server related software. Any add-on scripts included in the Control Panel are 3rd Party scripts and are not supported by ZingServe.
 

Traffic Policy:  top
 
ZingServe allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. ZingServe customers are discouraged from storing any files that cause excessive traffic on ZingServe servers. Please contact our Support Team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to ZingServe or any other Internet servers will result in immediate account deactivation without notice. No refund is given in this case.

Backups:  top
 
Backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of ZingServe, we will attempt to recover the date at no charge to the client. If data loss occurs due to negligence of the client in securing their account or by an action of the client, ZingServe will attempt to recover the data from the most recent archive for a $50.00 fee.

Support Policy:  top
 
It is the client's responsibility to have a good working knowledge of their web site operations. Please do not expect ZingServe Support staff to teach you how to use the tools at your disposal. ZingServe does not provide Web design, programming or scripting services.

Additional resources and information may be found on our support site: http://support.zingserve.com
 

Indemnification:  top
 
You agree to use all ZingServe services and facilities at your own risk. ZingServe specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ZingServe be liable for any loss, 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 ZingServe harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ZingServe, 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, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless ZingServe against liabilities arising out of:

• Any injury to person or property caused by any products sold or otherwise distributed in connection with ZingServe server(s);
• Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
• Copyright infringement
• Any defective products sold to customer from ZingServe server(s). 

ZingServe does not offer any warranty or guarantee other than those expressly stated in the Terms of Service.

ZingServe reserves the right to amend our Terms and Conditions at any time and without notice.