These Terms of Service are an agreement between ZappHost SRL (“ZappHost”) and you the user. This Agreement sets forth the general terms and conditions of your use of the products and services made available by ZappHost and of the zapp.host website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Table of Contents
Additional Policies and Agreements
Use of our Services is also governed by the following policies, which are incorporated by reference. By using our Services, you also agree to the terms of the following policies.
– Acceptable Use Policy
– Copyright Infringement Policy
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. If you need to verify or change your contact information, you may do so using our portal at https://portal.zapp.host
- The Service and any data you provide to ZappHost is hosted in Canada, France and Romania unless stated otherwise. If you access the Service, you are voluntarily transferring information (potentially including personally-identifiable information) and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the Romania, and not necessarily of the jurisdiction in which you are located.
Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall ZappHost be held liable for any lost or missing data or files resulting from a transfer to or from ZappHost. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “ZappHost Content”), are the proprietary property of ZappHost or ZappHost’s licensors. ZappHost Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any ZappHost Content. Any use of ZappHost Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any ZappHost Content. All rights to use ZappHost Content that are not expressly granted in this Agreement are reserved by ZappHost and ZappHost’s licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to ZappHost that:
- You have all the necessary rights to post or distribute such User Content.
- Your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to ZappHost a non-exclusive, royalty-free, worldwide right and license to:
- make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, ZappHost does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you
Compliance with Applicable Laws
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where
you reside or your organization is location regarding User Content, User Websites, online activities, email and your
use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding
the transmission of technical data exported to or from the Canada, France, Romania or the country in which you reside. The
Services are controlled and operated by us from our offices within the Romania (although we may share data
and we make no representation that the Services are appropriate or available for use in other locations. Those who
access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance
with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any
applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal
data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a
Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services
only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible
for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe
in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer
such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such
personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller
subject to the GDPR.
Third Party Products and Services
ZappHost may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
ZappHost does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. ZappHost is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Prohibited Persons (Countries, Entities, And Individuals)
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the European Union Laws. You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of UN Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC/FPI or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under UN Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities. Unless otherwise provided with explicit written permission, ZappHost also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC/FPI sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Account Security and ZappHost Systems
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. When at all possible, set permissions on most directories to 755 or as restrictive as possible.
- 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.
- The Services, including all related equipment, networks and network devices are provided only for authorized customer use. ZappHost may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. ZappHost may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by ZappHost of an issue, we reserve the right to leave access to services disabled.
- ZappHost reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
We are not "HIPAA compliant."
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. ZappHost does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that ZappHost is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected]
Compatibility with the Services
- You agree to cooperate fully with ZappHost in connection with ZappHost’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, ZappHost is not responsible for any delays due to your failure to timely perform your obligations.
- You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by ZappHost to provide the Services, which may be changed by ZappHost from time to time in our sole discretion.
- You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. ZappHost does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
- It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
- Unless otherwise provided, you agree that until and unless you notify ZappHost of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
- Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to ZappHost’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
- All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, ZappHost may suspend or terminate your account and pursue the collection costs incurred by ZappHost, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. ZappHost will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact ZappHost directly after you make a late payment to reactivate the dedicated server.
- It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. ZappHost may report any such misuse or fraudulent use, as determined in ZappHost’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
- You have ninety (90) days to dispute any charge or payment processed by ZappHost. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
- ZappHost complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. ZappHost does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.
- Dedicated Servers
- There are no refunds on dedicated servers. The thirty (30) day money-back guarantee does not apply to dedicated servers.
- Optimized / Shared and VPS Services.
- ZappHost offers a thirty (30) day money-back guarantee for ZappHost’s shared and VPS hosting services only. If you are not completely satisfied with these hosting services and you terminate
your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting.
This money-back guarantee only applies to fees paid for hosting services and does not apply to domains, administrative fees,
install fees for custom software or other setup fees, or to any fees for any other additional services.
- ZappHost offers a thirty (30) day money-back guarantee for ZappHost’s shared and VPS hosting services only. If you are not completely satisfied with these hosting services and you terminate
Cancellations and Refunds
- No refunds will be provided
- If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term, you will, upon your written request to the ZappHost Support Team within ninety (90) days of such termination or cancellation, receive a full refund of all shared or VPS hosting fees previously paid by you to ZappHost for the initial term; provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects all our terms an conditions. Requests for these refunds must be made in writing to the ZappHost Support Team. Refunds will only be issued for shared and VPS hosting services and will not include domains, administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services.
- Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
- There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at ZappHost’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
- You may terminate or cancel the Services by giving ZappHost written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) ZappHost may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
ZappHost may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm ZappHost or others or cause ZappHost or others to incur liability, as determined by ZappHost in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, ZappHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, ZappHost may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Shared and VPS servers are equipped with unlimited fair bandwidth. We take a fair bandwidth approach – if your account uses more than 30% of the overall bandwidth, for longer than 3 hours at a time, our Monitoring Department might reach out with further details. Our shared and VPS servers run on 1 Gbit and 10 Gbit uplinks, so there’s plenty of wiggle room.
Dedicated Servers do not share bandwidth any other users, and are not subject to the 30% fair bandwidth rule. Any bandwidth limitations are specified in the related package details.
If the shared server housing your account has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance, or any outage resulting from circumstances beyond ZappHost’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware. Approval of any credit is at the sole discretion of ZappHost. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://portal.zapp.host to create a support ticket to our Billing department with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared solutions. Dedicated and VPS servers are covered by a 99.9% network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
Shared (Optimized accounts)
Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a VPS or Dedicated Server.
ZappHost reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. ZappHost reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. ZappHost will not be liable for any loss of data resulting from such deletion.
Scope of Support
Our scope of support covers all services directly provided by us, and limited support for custom web applications or software installations. Unlike many hosting companies, we do our best to help with debugging scripts, templates and common web applications such as WordPress, Magento, Drupal, etc. However, under no circumstances is ZappHost obligated to help you in the installations of new application modules, templates, etc, or providing assistance for coding / compatibility related application errors. For custom software installation requests, please open a ticket at https://portal.zapp.host
ZappHost reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by ZappHost through the user billing tool or through other methods of communication, including notices sent or posted by ZappHost.
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
Limitation of Liability
IN NO EVENT WILL ZAPPHOST ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF ZAPPHOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZAPPHOST’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ZAPPHOST FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless ZappHost, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
ZappHost and User are independent contractors and nothing contained in this Agreement places ZappHost and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of Romania.
ZappHost shall not be responsible for any damages your business may suffer. ZappHost makes no warranties of any kind, expressed or implied for the Services. ZappHost disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by ZappHost or our employees.
Backups and Data Loss
Your use of the Services is at your sole risk. ZappHost’s off-site backup service recycles 6 daily backups, 3 weekly backups and one monthly backup. This service is provided only to shared accounts and may be modified or terminated at any time at ZappHost’s sole discretion. ZappHost does not maintain backups of dedicated accounts, and VPS packages receive one weekly backup. ZappHost is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on ZappHost’s servers.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ZAPPHOST AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. ZAPPHOST AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. ZAPPHOST AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
ZappHost may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
- ZappHost may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the ZappHost website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
- ZappHost reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or ZappHost to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of ZappHost. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. ZappHost may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Virtual Private Server TOS addendum
Domain Registration Agreement