Terms Of Service

modified: 09/17/2015

Please review the Terms of Service below. Submitting your order indicates agreement to ZingServe Terms of Service.

Terms and Conditions:

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.

You will be held responsible for all actions performed by your account whether it be done by you or by others.

Content:

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:

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:

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: This email address is being protected from spambots. You need JavaScript enabled to view it..

Resource Usage / Script Usage:

Resources are defined as CPU usage, memory usage and available system resources.

The following are restricted actions:

  • Using 25% or more of system resources for longer then 90 seconds. This can happen with CGI scripts, FTP, PHP, HTTP, etc.
  • Running stand-alone, unattended server-side processes. This includes any and all daemons, such as IRCD.
  • Running any type of web spider or indexer.
  • Running any software that interfaces with an IRC network (Internet Relay Chat).
  • Running any bit torrent application, tracker, or client. You may link to legal off-server torrents.
  • Participating in any file-sharing/peer-to-peer activities.
  • Running any gaming servers such as counter-strike, half-life, battlefield1942, etc.
  • Running cron entries with intervals of less than 15 minutes.
  • Running any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
  • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
  • Only use https protocol when necessary; encrypting and decrypting communications is more CPU-intensive than unencrypted communications.

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 are examples of unacceptable material on all ZingServe servers:

  • Ikonboard (all versions)
  • Ultimate BBS
  • Greymatter (all versions)
  • nph-proxy
  • The Anonymizer
  • formmail.pl (must be re-named)
  • formail.cgi (must be re-named)
  • lstmrge.cgi
  • NewsPHP
  • Shell, SSH, Telnet Scripts and Shell, Telnet Alternatives
  • Any script that uses & processes a massive number of flatfiles or large flatfile databases.
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Any script determined by our administrative staff to be harmful to the server and/or network.

Limitations on Use:

  • Any account using 25% or more of the server CPU or memory may be subject to suspension and/or termination.
  • Any account that uses excessive amounts of bandwidth can and will be subjected to bandwidth throttling.
  • Running unauthorized background processes may result in termination of the offending account. ZingServe maintains the right to cancel accounts at its discretion.

Scripts Policy:

You are free to use any scripts you wish, as long as they are not on our banned script's list. However we reserve the right to disable any script that adversely affects normal server operation or service to other ZingServe customers. You will be notified in 24 hours regarding the offending 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.

It is your responsibility to secure your scripts and to keep them updated at all times. If your account is compromised due to insecure or outdated scripts, your account will be subject to suspension and/or termination with or without prior notification and an administrative clean-up fee may be assessed.

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.

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

ShoutCast Servers - We do not allow Shoutcast Servers due to bandwidth and load issues.

PHP Shell - PHP Shells or any likeness thereof are prohibited. Files with any reference to PHP Shells or likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

Port Scanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Sub Domains:

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

Server Abuse:

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. Server abuse may also include, but is not limited to, the following:

  • Logging into a server or account that you are not authorized to access
  • Accessing data or taking any action to obtain services not intended for you or your use
  • Attempting to probe, scan or test the vulnerability of any system, subsystem or network
  • Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
  • Interfering with or intercepting data or information
  • Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

Account and Password Security - Your Responsibility:

ZingServe allows customers flexibility to manage their own passwords. It is the responsibility of the customer to select secure passwords and to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. ZingServe will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension.

Any account that is found to be compromised may be disabled and/or terminated.

Refusal of Service:

Failure to follow any term or condition may be grounds for immediate account deactivation. ZingServe reserves the right to refuse, cancel, or suspend service with or without notice and at our sole discretion.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.


Payment Policies, Fees, Refunds:

As a customer of ZingServe, it is your responsibility to ensure that all invoices are paid on time and that your payment and contact information is up to date and current. 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 10 days from your billing due date, your account will be placed in suspension, until payment has been received or other arrangements are made. If payment has still not been made after 20 days from the billing due date, 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 may be charged and is due prior to site restoration.

Refunds are given for full months only. 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 the 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 Terms of Service 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. Monthly prices are not prorated. ZingServe reserves the right to change prices and the right to increase resources given to plans at any time.

Paypal Subscriptions: If you are using the Paypal Subscription option to pay your hosting fees, you are responsible for managing your own Subscriptions. ZingServe does not manage or monitor your PayPal account or related subscription services. If you cancel your hosting account with ZingServe, you are responsible for canceling the subscription though your PayPal account.

If you have been charged twice by PayPal for an invoice or service this is because you've likely created another subscription. We didn't double bill you. This means you have a 2nd Paypal subscription. If this happens, you are responsible for canceling the duplicate Paypal Subscription. Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal.

How to Cancel PayPal Subscription Cancellations:

1. Log in to your PayPal account.
2. Click History at the top of the page.
3. Click Details to view the details of a specific Subscription Creation.
4. Click Cancel Subscription.

30 Day Money-Back Guarantee:

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. $14.95 will be deducted from the money refunded if the user's domain registration was provided free by ZingServe. All refunds must be requested in writing.

Dedicated servers are not included in the 30 Day Money-Back Guarantee. Notice of cancellation for a dedicated server must be given before the month in question begins. Any setup fees are NON refundable.


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:

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:

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.

Traffic Policy:

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:

ZingServe backup service runs once a week and overwrites any previous backups. Only one week of backups are kept. Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy and no guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. ZingServe is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred to ZingServe servers and to maintain your own local copies of all such files and data on your local PC(s). Backups will not be provided for accounts that have been suspended or terminated.

The "Backup Manager" is included in each hosting plan and clients can use this tool to back up their files to their local PC(s). If data loss occurs due to negligence of the client in securing their account or by an action of the client, ZingServe will, upon request, attempt to recover the data from the most recent archive and a recovery fee of $50 may be assesed.

Support Policy:

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


Reseller Client Responsibility:

Resellers are responsible for providing support to their clients. ZingServe does not provide support to our Reseller's Clients. For security reasons, all support requests must be initiated by the reseller on their clients behalf. Resellers are responsible for all activity of their clients and all content stored or transmitted under their client's accounts. ZingServe will hold the reseller responsible for any actions of their clients that violate the law or the ZingServe Terms Of Service.

 

Scheduled Maintenance and Downtime:

ZingServe will use reasonable efforts to provide services 24 hours a day, seven days a week. You, as a ZingServe customer, acknowledge that from time to time services may be inaccessible or inoperable for various reasons, including periodic maintenance or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond ZingServe's control or which are not reasonably foreseeable by ZingServe. This includies any interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. ZingServe will provide at least 48 hours advance notice for Scheduled Downtimes, and will use reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. ZingServe has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.


Indemnification:

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 customers 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.

About Us

Serving Northern Colorado, Colorado and all US cities.

Mailing Address

ZingServe Web Hosting
446 East 29th #1073 
Loveland, CO 80539

Office Hours

Mon-Fri 8am-5pm MST
(866) 930-9464

Contacts

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