Terms of Service
This policy represents the Zarbyte Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all Zarbyte customers agree to when they sign-up for any of the Zarbyte business services. Zarbyte reserves the exclusive right to change, amend or revise any portion of this TOS policy at any time, with or without written notice to our customers.
Customers using any services offered by Zarbyte agree to be obligated by and must comply with all policies in this TOS or must otherwise opt out of and cancel their web hosting service with Zarbyte. Zarbyte retains the sole discretion to make judgment regarding any violation by any Zarbyte customer and may take action against any customer deemed to be in violation of these terms including the cancellation of any customer's services without refund and/or, if deemed appropriate, be legally prosecuted.
General Provisions
In consideration for Zarbyte maintaining one or more accounts (each "Account"), you, as the Zarbyte customer, agree to the following terms of service.
Definitions
- "We" "Us" or "Provider" or "Zarbyte" - Zarbyte.com
- "You" "Your" "Client" "Customer" or "Member" - Each person or entity who applies for a Zarbyte service or is a designate of anyone who applies for a Zarbyte service.
Disclaimer of Warranty
The Internet and business service hosting relies on a complex network of hardware, software, network services and providers of information. Due to the need for an aggregate of all of these providers and service companies working properly not all services may be available to you at all times.
Zarbyte however, offers a 99.9% uptime guarantee. Zarbyte shall utilize all resources and channels available to maintain maximum uptime, however, Zarbyte is not responsible for any downtime caused by any provider's hardware or network malfunction which is outside of Zarbyte capability to directly correct. Zarbyte clients are diverse and their services and the function of those services are diverse and Zarbyte cannot be held responsible for any service interruption due to client's error, including but not limited to spamming, the target of a DDOS attack, or any other internet or cyber attack.
ZARBYTE MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither Zarbyte nor anyone else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of Zarbyte, even if Zarbyte has been advised to the possibility of such damages.
Limitation of Liability
IN NO EVENT SHALL ZARBYTE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE ZARBYTE. SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF ZARBYTE. SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF ZARBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ZARBYTE MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO ZARBYTE FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ZARBYTE. LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Indemnification
You agree to indemnify, defend and hold Zarbyte and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto Zarbyte servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to Zarbyte equipment or to any other account holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by Zarbyte gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.
Choice of Law
This Agreement shall be interpreted under the laws of the State of Texas without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way relating thereto shall be venued in the Ellis County District Court of Texas. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service by mail and hereby waive any defense of any kind related to jurisdiction or venue.
Services Provided By Zarbyte
Zarbyte provides online business profiles ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows Zarbyte members to maintain Internet websites and to upload files for their websites. Zarbyte members will use the provided services in a manner consistent with any and all applicable laws. Zarbyte provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. Zarbyte reserves the right to refuse service to potential and/or existing customers to protect its existing paying customers. If any of the below violates are committed, Zarbyte can terminate client's account without notification.
Zarbyte provides email hosting to its members for the express purpose of transactional emailing. Utilizing Zarbyte for solicited or unsolicited bulk emailing and/or spam is a violation of this agreement. Email hosting services are limited to 300 outbound messages per hour, per email address. You can receive an unlimited amount of messages per hour constrained by your plan's maximum allowed disk space. Zarbyte reserves the right to terminate services that are determined to have violated this agreement.
Zarbyte provides support to our clients through emails and phones. By accepting your client contract agreement with Zarbyte you agree not to abuse whether verbally or physically or whether in person, via email, telephone, or otherwise (a) any other customer of Zarbyte and any employee or contractor of Zarbyte.
Account Notifications
Zarbyte will send e-mails from time to time regarding your account, special offers and promotions. You may unsubscribe to these e-mails at any time by following the instructions at the bottom of those e-mails.
Zarbyte will also send SMS text messages pertaining to the security of your account, including but not limited to one-time verification codes and other important security notifications or service alerts. You can opt-in or opt-out to SMS alerts at any time through your Zarbyte Dashboard.
Client Content
Client agrees that web pages and files uploaded to servers will not violate any state, national or foreign laws or regulations; infringe on any intellectual property rights of Zarbyte or any third party; be defamatory, slanderous or trade libellous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to Zarbyte or any third party. Clients may not use Zarbyte servers for file storage unrelated to the client's website, storage space is for active website file pages only. Unacceptable uses also include, but not limited to: Bulk unsolicited emailing, unsolicited e-mailings, newsgroup spamming, child pornography, hardcore pornography or links to such sites, copyrighted MP3, copyrighted music, copyrighted video, illegal content, copyright infringement, trademark infringement, warez, torrents, torrent files, cracks, software serial numbers, proxy(ies) and image/file sharing websites. Zarbyte will be the sole and final arbiter as to what constitutes a violation of this policy. Zarbyte does not normally monitor the contents of clients servers, however if suspicion occurs, Zarbyte reserves the right to investigate and terminate the clients subscription to the service.
No "Spam"
UCE/UBE or "Spam" originating from a server located on our network or associated with a Zarbyte server is not tolerated. This includes any e-mail that promotes websites hosted on a server located on the Zarbyte network but is sent from an e-mail address not associated with that Zarbyte account. Client shall not use their Zarbyte services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Zarbyte reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice.
False Information
Customer agrees not to post false or inaccurate information to newsgroups in violation of the newsgroups rules and regulations. If any newsgroups or service provider contact Zarbyte concerning unethical, false or unlawful activities by you, Zarbyte reserve the right to suspend or terminate your service with or without notice.
Payment Obligations
Full payment is required in advance before service is established. Zarbyte sends out invoices that are due every pay period. You are given fourteen (14) days to fully pay the invoice.
You warrant and represent that the information you supply in the Order Form (or other information that Zarbyte may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended. It is the client's responsibility to ensure that payment is made to Zarbyte prior to the renewal date and although Zarbyte sends renewal notices to our customers prior to their renewal date, because of the ability for a customer to change their contact email addresses without notifying Zarbyte, the customer is ultimately responsible for remembering their renewal date and to make sure payment is made upon the renewal. Failure to keep an account in good standing and/or service renewals paid for will result in service deactivation until the account and or service renewal is paid for in full.
Zarbyte may change its prices from time to time. Zarbyte may increase fees for its services on its website or in a promotional offer and at any time on or after the expiration of the initial term by providing written notice to you. Written notice may be in the form of notices and updates provided through the account's billing tool, notices and updates provided through the services and/or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information by Zarbyte through your account or other methods of communication and notices sent or posted by Zarbyte. You can check the future total cost of your service renewal and the date of renewal at any time through your Zarbyte Dashboard. Invoices are generated fourteen (14) days prior to your service renewal date.
Renewals
It is the obligation of the Zarbyte customers to know when their account comes up for renewal and, if their intention is to non-renew their account, they must contact us 5 business days prior to their account's renewal date to ensure that the billing department can stop any renewal charges. Zarbyte clients receive email notifications 14 days prior to the renewal date of their account, informing them that their renewal date is approaching. It is the customer's responsibility to ensure that Zarbyte has a valid email address for which notices can be sent to Zarbyte clients. If Zarbyte does not receive a cancellation request prior to the customer's renewal, Zarbyte will renew the clients' account 24 hours prior to the renewal date, and will apply charges as appropriate. Accounts will be automatically renewed on the renewal date and be billed under the same fee structure as the plan that the client signed up for (unless plan changes were made or upgraded between the time when the client signed up & their renewal date). In the case of insufficient funds to charge such amount, you agree to allow Zarbyte to place your account on a recurring payment plan, wherein we will collect a partial term quantity to avoid an interruption in service and to protect against accidental loss of intellectual property. The 30-day money back guarantee applies only to the start date of the clients' service with Zarbyte, and does not apply to renewals of service.
Late Fees
Clients have the option to pay an invoice at any time by logging into their Zarbyte account and submitting a payment. An invoice that is not paid by the due date is automatically marked overdue in the system. If an invoice is overdue by more than five days (the grace period), the account is automatically suspended and a $15.00 late fee is added to the account. To reactivate an account that is suspended for failure to submit a payment within the grace period, a payment for the original invoiced amount plus $15.00 must be submitted to Zarbyte.
Currency
All prices listed are in US Dollars ($), for all services unless otherwise specified.
Coupon Use
Coupons are offered to customers from time to time. Use of 3rd party coupon applications which manipulate our pricing structure will not be accepted. Zarbyte has the right to refuse any coupon code that it believes to be invalid. Zarbyte will honor the lowest advertised price on our website located at https://zarbyte.com/ at the time of order.
Cancellation & Refunds
Should you become dissatisfied with our services within the first 30 days of your account activation, Zarbyte will refund your service fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for customers after the 30 days of service activation. You may however cancel your account at any time in order to make sure that your account is not renewed. You will need to contact customer service and verify information before cancellation takes place. You will be charged in full for the entire month in which you cancelled your account. Accounts which have negative balances will be sent to collections and all services will be terminated.
Website files are the responsibility of the Zarbyte customer and should a Zarbyte customer decide to cancel their service it is the customer's responsibility to make sure that they have backed up & downloaded the website files and any other content from their Zarbyte account prior to requesting that Zarbyte cancels their account. Once the cancellation request has been submitted to Zarbyte, a cancellation of the service may occur any time after the request is received by Zarbyte and when a cancellation request is completed the client's service with Zarbyte and their content are permanantly removed from the Zarbyte servers. Therefore again it is the client's obligation to ensure that they have downloaded their files and any other content from the server prior to their cancellation request.
99.9% Service Level Agreement "SLA"
Zarbyte offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. Zarbyte will try to maintain maximum uptime. Zarbyte is not responsible for any downtime caused by the client.
30-Day Money Back Guarantee
Zarbyte offers an unconditional 30-day money back guarantee that covers cancellations on services made during the first 30 days of service, due to the inability to deliver satisfactory services. As a part of our strive to achieve industry-leading customer satisfaction, the customer will be refunded all charges made to their credit card minus any setup fees or costs of physical items, such as business cards. The guarantee does not apply to accounts with non-use, misuse, and/or abuse of this agreement. Any questions regarding the 30-day money back guarantee should be forwarded to support@zarbyte.com.
Last updated August 6, 2023