Terms of Service
Any individual who purchases or utilizes services provided by Zefie Networks, or any of its affiliates are unconditionally bound to the terms set forth in this document. By purchasing or utilizing services provided by Zefie Networks. it is understood that you have read and agree wholly with the terms set forth by this agreement.
Zefie Networks and its affiliates reserve the right to revise this agreement at any time without providing direct notice to those whom it affects. It is understood that any individual purchasing or utilizing services provided by Zefie Networks will review this document periodically for any changes.
Zefie Networks will use the terms set forth in this agreement as a guideline to settle disputes between Zefie Networks and the individuals that purchase or utilize its services. The terms of this agreement set forth the entire agreement between Zefie Networks and the individuals purchasing or utilizing its services, and supersedes any and all prior agreements of the parties involved.
Any breach of this agreement by an individual purchasing or utilizing services by Zefie Networks. may result in the services of the individual being suspended or terminated with or without notice.
Any questions clarification, or challenge of the terms set forth in this agreement may be submitted in writing via email to email@example.com.
- 1.1. "Customer", "you", "your", et al. shall refer to any individual seeking to purchase or utilize any service provided by Zefie Networks. This also includes any agent of the aforementioned party.
- 1.2. "zefie.net", "we", "us", "our", et al. shall refer to the provider Zefie Networks.
- 1.3. "Employee" shall refer to an agent of Zefie Networks authorized to act on the behalf of Zefie Networks.
- 1.4. "Services" shall collectively refer to any service and the billing associated with it that Zefie Networks agrees to provide the Customer based on the selections made by the Customer during signup or as requested in writing and approved by an Employee.
- 1.5. "Servers" shall collectively refer to any hardware provided by Zefie Networks that a Customer utilizes.
- 1.6. "Sites" shall collectively refer to any website maintained by a Customer provided by Zefie Networks.
- 1.7. "Account" shall refer to the established billing information and its related Services that are representative of the Customer that contracted Services from Zefie Networks.
- 1.8. "In writing" and "written consent" shall refer to communication and/or permission established over email between the Customer and firstname.lastname@example.org.
2. Zefie Networks Services
- 2.1.You represent and warrant that you are not a national or resident of Burma/Myanmar, Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan, and Syria or any other country subject to U.S. Treasury Department embargo restrictions, and that you are not listed in the "Entity List" or "Denied Persons List" maintained by the US Department of Commerce or the list of "Specially Designated Nationals and Blocked Persons" maintained by the US Department of Treasury. Residents of countries which are serviced by a Zefie Networks affiliate are required to contract with those Zefie Networks affiliates, and you represent and warrant that you are not a resident of one of those countries.
2.2. Zefie Networks agrees to provide any and all services requested by the Customer during signup as put forth by the package selected by the Customer. Zefie Networks will not be expected to provide any other services unless agreed to in writing between the Customer and an Employee. All Services that Zefie Networks provides shall be bound by the terms of this agreement.
2.3. Any change to a Service made by Zefie Networks on behalf of the request of a Customer that is not part of a standard package or Service will be considered to be temporary in nature. These changes are made on a case-by-case basis, and may not be preserved when other changes are made to the Services. Zefie Networks will not be held responsible for any downtime or issues related with this section.
- 2.3.1. Any aforementioned change may be removed at any time with or without notice if it is found to have a negative effect on the Services.
3. Accounts and Billing
- 3.1. Each Customer that contracts service with Zefie Networks will be setup with an account that consists of accurate contact and billing information as verified by the Customer. Failure to provide truthful information may result in the suspension or termination of the Account.
- 3.2. Information provided to Zefie Networks by the Customer may be shared with third party services to determine a fraud risk score, to bill the payment method on file, or to contract service on behalf of a customer, as is the case with "domain registration". Zefie Networks will never share customer information with any third party under any circumstance outside of this requirement.
- 3.3. New Accounts are established under the following conditions:
- 3.3.1. Full payment has been received as per the invoice generated at signup.
- 3.3.2. The order has been successfully screened for fraud by both a third party and an Employee, and is determined not to be fraud by both a third party and an Employee.
- 3.3.3. The Employee reviewing the signup accepts the order.
- 3.4. Zefie Networks retains the right to reject any order at any time for any reason with or without notice. In the event that an order is not accepted for any reason, the Account will be terminated, and any payments received will be refunded. The Customer may request the reason for cancellation in writing.
3.5. All Services are billed on a recurring basis according to the package chosen at signup, or as determined by a Customer and Employee in writing after an Account has already been established, as in the case of an "upgrade". Payment is automatically attempted via the payment method on file on the anniversary date of the Service.
- 3.5.1. If automatic billing is canceled by the user, services will be terminated instanty, without notice, unless the Customer and an Employee have agreed otherwise, via written statement, as outlined in section 3.12.
- 3.5.2. All Services are billed up-front according to the billing term selected.
3.6. All Accounts with Zefie Networks must have valid contact information on file that is kept up-to-date at all times as verified by the Customer. This includes, but is not be limited to, name, physical address, phone number, and email address.
- 3.6.1. The email address on file must not be one provided by Zefie Networks.
- 3.6.2. Zefie Networks cannot be held liable for any reason in the event that we cannot get in contact with the Customer due to inaccurate contact information.
3.7. A valid payment method must always be on the Account established with Zefie Networks as verified by the Customer. Other forms of payment (such as cash, cheque, or money order) are not normally accepted unless agreed to in writing with an Employee. In the event that there is no valid payment option established with an Account, the Account may be suspended until a valid payment agreement is established.
- 3.7.1. Customers who establish a form of payment that is not normally accepted by Zefie Networks are responsible for tracking the renewal date of the Service and submitting payment before the renewal date is reached. Zefie Networks is not liable if an Account is suspended due to lapse in payment.
- 3.7.2. Zefie Networks is not required to send an invoice before payment is due.
3.8. All communication regarding the Account initiated by Zefie Networks with a Customer shall take place via email. Zefie Networks assumes the email address provided on the Account is accurate and up-to-date, and will make no additional effort to contact you.
- 3.8.1. Customers reserve the right to be notified of any action taken on their account in accordance with this clause unless otherwise noted in these terms.
- 3.9. In the event a Customer owes money to Zefie Networks for any reason, any Services the Customer has with Zefie Networks may be suspended to attempt to collect payment, with or without notice.
- 3.10. Billing for all Services a Customer maintains with Zefie Networks remains active while an Account or Service is suspended. Any payment that comes due during the time an Account or Service is expected in full, and must be paid prior to Service being reinstated.
- 3.11. Bank disputes (i.e. "charge backs") are grounds for immediate termination of an Account without notice from Zefie Networks. In the event that a bank dispute is received from a Customer, the Account will be suspended and/or terminated. If a Customer wishes to reinstate an Account affected by a bank dispute, they will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.
3.12. If a Customer wishes to terminate Services or an Account provided by Zefie Networks, it must be requested in writing via email to email@example.com.
- 3.12.1. The Customer will be entitled to 100% of the remaining balance on the account as of the day cancelled in the case of pre-paid Services, unless otherwise determined by an Employee.
- 3.12.2. Setup fees, domain name registration/transfer fees, add-on Service fees, and one-time service charges are not eligible for refunds.
- 3.13. In the event that an Account or Service is terminated at the discretion of an Employee for any reason, no refund will be due, nor will a backup of any data stored on the Servers be provided unless otherwise determined by an Employee.
- 3.14. Unless otherwise noted, any and all promotions are reserved for first-time account holders, and will not be honored for existing Accounts unless approved by a Zefie Networks manager.
4. Sites, Services and Content
- 4.1. Services provided by Zefie Networks are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the Account.
- 4.2. Any attempt to exploit a Service in any way is grounds for immediate termination of the Account.
- 4.3. The Customer is wholly responsible for any action taken on their Account in any way. The Customer is monetarily responsible for any action that is taken on their Account, regardless of if the Customer or a third party took the action.
- 4.3.1. In the case where a Customer believes their Account was compromised by a third party, it is the Customer's responsibility to alert Zefie Networks in writing to this fact as soon as possible. The Customer may be held liable for any service charges accumulated by any action taken by the third party.
- 4.4. Zefie Networks considers certain material to be unacceptable. If unacceptable material is found on a Site, or is linked to by a Site, the Account will be suspended and/or terminated as determined by an Employee. Examples of unacceptable material include, but are not limited to:
- 4.4.1. Fraudulent activities of any kind
- 4.4.2. Illegitimate use of botting software
- 4.4.3. Copyrighted material without explicit consent to use and/or distribute
- 4.4.4. Network/computer scanning or attack software
- 4.4.5. Exploits
- 4.4.6. Software licenses, license generation software, software "cracks"
- 4.4.7. Computer viruses/malicious software of any kind
- 4.4.8. Proxy scripts or services used for malicious purposes
- 4.4.9. Racist, hateful, or harassing content
- 4.4.10. Hacking related information or services
- 4.4.11. SPAM of any kind
- 4.5. Any effort to link to, or provide material that is not owned by the Customer will result in immediate suspension of the Account.
- 4.5.1. Any data and/or multimedia that is not explicitly owned by the Customer, and for which the customer does not have explicit written permission from the owner of the data and/or multimedia is prohibited on the Service. Examples include, but are not limited to the hosting of music or videos whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the Account at the discretion of an Employee.
- 4.6. Services are not to be used to monitor, gather information about, or administrate other servers or sites of any kind.
- 4.7. Sites must remain within the limits specified by the package the Customer selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation as per Section 4.2 and will result in suspension, and possibly termination, of the Account.
5. Uptime Guarantee
- 5.1. Zefie Networks promises a 99.99% uptime guarantee based on the availability of the Services your Account directly utilizes over a period of 1 month.
- 5.2. Uptime will be judged solely by monitoring services that Zefie Networks directly contracts or utilizes.
- 5.2.1. Statistics from third-party monitoring services will not be honored for this guarantee.
- 5.3. Credits are not automatically applied. If a Customer wishes to challenge the guarantee, a written request must be submitted, and an Employee will investigate the claim.
- 5.3.1. Should a Customer successfully challenge this guarantee, a credit equal to one day of service, per thirty (30) minutes for the affected Account(s) will be applied. A Customer is allowed one credit per quarter per Service.
- 5.4. Customers must pro-actively seek a solution, in writing, to any downtime they experience to be eligible for a service credit when challenging this guarantee.
- 5.4.1. If it is found that the Customer had not contacted us prior to challenging the guarantee, no service credit will be due.
- 5.5. Customers must challenge the guarantee within one month of a suspected violation. Customers who attempt to challenge the guarantee outside of this time will be due no service credit.
6. Service Credits
- 6.1. Service credits may only be approved by a Zefie Networks manager, and must be requested and granted in writing. A manager may revoke any credit received outside of these requirements without notice.
- 6.2. Service credits will be granted as a credit to the balance of an Account held with Zefie Networks or as an extension of the renewal date of a Service. Service credits can never be exchanged for a direct refund.
- 6.3. In the event an Account is terminated or cancelled for any reason, all service credits not yet utilized on the Account are considered null and void, and cannot be refunded.
- 6.4. Any request for a service credit must be submitted, in writing, within one month of the incident cited as the reason for credit due.
- 6.5. This document will be used when determining eligibility for a credit. Zefie Networks is never obligated to provide a service credit, unless otherwise noted in these terms.
7. Public Nature of the Internet and Data Integrity
- 7.1. The Internet, and Zefie Networks' network, are considered publicly accessible and should be treated as such. Zefie Networks will not be held liable for any unauthorized access to your data. Any data that is deemed confidential, classified, personal, private, et al. shall not be hosted on the Services.
- 7.2. Zefie Networks is not responsible for maintaining backups of any data stored on the Services.
7.3. Zefie Networks is not liable or monetarily responsible for any data loss or corruption under any circumstances.
- 7.3.1. This includes, but is not limited to, Sites that are compromised, modified, or changed by a Customer or third party, with or without the consent of the Customer, in any way.
- 7.4. Zefie Networks is not liable or monetarily responsible for any damages incurred due to any service outages under any circumstances.
8. Abuse and Law Enforcement
- 8.1. By utilizing our Services, the Customer consents to having their Account monitored for activity that may breach this agreement. Information gathered during monitoring will not be used in any way other than ensuring the terms set forth in this agreement are upheld.
- 8.2. It is the responsibility of Zefie Networks to comply with any requests set forth by law enforcement officials and courts within the bounds of United States federal and local laws. Any actions on your Account mandated by the order of a law enforcement official or court will be taken without notice to the Customer, unless otherwise instructed by the aforementioned parties.
- 8.3. It is the responsibility of Zefie Networks to comply with properly formatted DMCA complaints as set forth by The Digital Millennium Copyright Act of 1998. In the event we receive a DMCA complaint for an Account, it is our policy to expeditiously remove content that is the subject of a correctly prepared notice under Section 512(c). It is our policy to replace removed content if our customer submits a properly prepared counter notice under the DMCA. More information about The Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf
- 8.4 By ordering you agree that service will not be used in or ordered from Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or any organization or company on the United States Commerce Department's "Denied Parties List."
- 9.1. The Customer agrees that it shall defend, indemnify, save and hold Zefie Networks harmless from any and all demands, liabilities, losses, costs and claimsluding reasonable attorney's fees asserted against Zefie Networks, its agents, its customers, 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.
9.2. Customer agrees to defend, indemnify and hold harmless Zefie Networks against liabilities arising out of:
- 9.2.1. Any injury to person or property caused by any products sold or otherwise distributed in connection with Zefie Networks
- 9.2.2. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party
- 9.2.3. Copyright infringement
- 9.2.4. Any defective products sold to customers from the Services.
- 10.1. By using any Services, you agree to submit to binding arbitration. If any disputes or claims arise against Zefie Networks or its agents or Employees, an arbitrator of Zefie Networks's choice will handle such disputes. An arbitrator from the American Arbitration Association will be selected in the state of New York. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration section. You are also responsible for any and all costs related to such arbitration.
- 11.1. Zefie Networks is not liable for any damages or losses a Customer or the business of a Customer may suffer. Zefie Networks makes no expressed or implied warranties of any kind. Zefie Networks disclaims any warranty or merchantability for any particular purpose or service. This includes the terms of set forth by this document.