Terms "registrant," "you," "client," and "your" refer to the Registrant of either domain name or hosting service. "We," "us," and "our" refer to ZOOM.PH, ZOOM Hosting and ZOOM.PH, Global Advertising Inc. This Agreement explains our obligations to you as well as the Client's obligations to the Company in relation to the performance of the services.
By using our services, you acknowledge and agree to the terms of this Registration Agreement.
A. Web Hosting Services
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
i) Length of Service.
Client agrees engage web hosting service based on minimum months contractual term of service ("Term") as specified in each package. The length of contract required is based on the type of service desired by Client.
ii) Service Start Date.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed alternate date.
iii) Renewal by Client.
This Agreement will automatically renew for successive Term/s unless canceled by submitting a service cancellation request before the next renewal date. ZOOM.PH reserves the right to include the website URL or client company name in the list of its portfolio or in certain cases such as web design customers, include a footer link to ZOOM.PH as a proof that the site is hosted by ZOOM Hosting.
B. Domain Name Registration
i) Length of Service
The Client agrees that generic top level domains (".com", ".net", ".org", ".edu", ".int", ".gov", ".mil") will need a renewal after one year (from date of registration) has lapsed. Country code top level domains (".ph", ".cn", ".ca", ".us" etc.), on the other hand, will vary depending on controlling authorities to such domains.
ii) Service Start Date
Upon verification of availability as determined through ZOOM.PH, the Client's desired domain name will be registered by ZOOM.PH once payment is made.
iii) Renewal by Client
ZOOM.PH may inform the Client of the renewal of domain name registration through phone or email. Client agrees to express his desire to continue or cancel the registration at least 30 days prior to the expected end of previous registration.
Selection of Domain Name
If domain registration was made thru ZOOM.PH, CLIENT agrees that we cannot guarantee availability of desired domain name. Inquiry on the availability must be made prior to payment and registration or use domain checker facility, https://www.ZOOM.PH/domainchecker.php.
Client guarantees ZOOM.PH that the inquiry of the domain name availability, registration, and the manner the Client intends to use our services do not infringe the right of a third party nor be used as an instrument to perform unlawful acts.
For more information about the Domain Registration and Renewals, see the ZOOM Acceptable Use Policy.
Domain Name Disputes.
You agree that if the registration of your domain name (if registered through ZOOM.PH) is challenged by a third party, Client will be subject to the provisions specified in the dispute policy used by the applicable registry. By that special case, you agree to indemnify and hold us harmless pursuant to the terms and conditions stipulated in the applicable policy.
End User Pricing and Web Hosting Compensation
End User pricing and Web Hosting Compensation is subject to change at the sole discretion of ZOOM.PH.
Payment of fees for domain name registration is made upon checking of a desired name's availability. Client agrees that all fees payable hereunder are non-refundable even if your domain name has been suspended, cancelled, or transferred prior to the end of the current registration.
Payment of Fees for the hosting service is discussed in the ZOOM Terms of Service.
Terms of Payment
Terms of payment are cash, credit card payment payment or check payable to ZOOM.PH Global Adverting, Inc. unless credit approval has been granted to the client. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing.
Censorship, Trademarks and Copyrighted Material
ZOOM.PH will exercise no full control whatsoever over the content of the information passing through the network, email or web site. It is the client's sole responsibility. However, violations of the Acceptable Use Policy may result in suspension or termination of accounts.
Client warrants that it has the right to use any applicable trademarks or copyrighted materials used in connection with this service.
Acceptable Usage Policy
By using ZOOM.PH services, Client agrees to follow the provisions of the ZOOM Acceptable Use Policy and Terms of Service provided by the Company. Non-compliance, depending on the level of offense, may result in early termination of services without refund.
ZOOM.PH provides no full warranty of an uninterrupted, impeccable performance of domain and hosting services. Likewise, ZOOM.PH does not warrant full security and consistency of backup files. Client should secure its own backup in any case ZOOM.PH backup is unavailable, incomplete or corrupted.
Connection speed represents the speed of an end-to-end connection. ZOOM.PH does not represent guarantees of speed or availability of end-to-end connections. ZOOM.PH expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability as specified in Terms of Service. ZOOM.PH specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Transfer of Agreement
Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of ZOOM.PH. In the event that Client contemplates whole or partial sale of its business, ownership change, or change in jurisdiction, Client shall notify ZOOM.PH by mail, facsimile or email no less than 30 days prior to the effective date of the event.
ZOOM.PH may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice, email notice or system generated notification from ZOOM.PH of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of ZOOM.PH and Client. Likewise, Cancellation and Early Termination section is provided in the ZOOM Terms of Service.
In order to spare both parties from court costs and many legal fees, ZOOM.PH and Client agree to solve any dispute related to the process of domain hosting or domain name registration as much as possible outside of court. Client agrees to keep communication lines open for discussions.
Client shall indemnify and hold ZOOM.PH harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against ZOOM.PH directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Modifications to Agreement
Client acknowledges the ever changing atmosphere of domain and hosting, as such client agress that ZOOM.PH may modify, edit, and update its significant documents including this ZOOM Registration Agreement to comply with established policies from reputable organization as well as to make it relevant to present situation.
Limitation of Liability
Limitation of Liability is outlined on the Terms of Service, attached, and is subject to change at the sole discretion of ZOOM.PH.