Terms Of Service

Terms of Service

Indemnification
Limitation of Liability
Payment of Fees
Force Majeure
Cancellation and Early Termination
Copyright Files
Disk Space Abuse
AUP
Customer Information
No Spam Policy
Technical Support
Revisions to this Terms of Service
Miscellaneous
Governing Laws
Shared Accounts
Network Security
Static and Dynamic Content Caching
IP Address Ownership
Uptime Guarantee

Introduction

ZOOM.PH, hosting brand of iConcept Global Advertising Inc, provides online services to its clients to help them maintain an online presence that is beneficial in their informational and commercial endeavors.  The use of services from ZOOM.PH or submission of an online order form constitutes acknowledgement and agreement to the terms outlined in this Terms of Service (TOS). 

Indemnification

The Customer agrees to defend, protect and hold ZOOM.PH harmless of any stipulation, liability, losses, expenses, and claims resulting from the use of the services provided by the Company. This includes but not limited to attorney fees, any injury to a person or property potentially caused by the products or services sold or distributed in association with ZOOM.PH, violation of copyright, trademark and other intellectual property codes, and any act performed by Customer that is infringing the proprietary rights of a third party. 

Limitation of Liability

Customer acknowledges and agrees that ZOOM.PH shall not be responsible for any profit loss – indirect, incidental, special, punitive or consequential damages — arising out of the services provided by the Company. 
If a problem arises in connection with any license, use or employment of any service delivered to Customer and the problem is deemed unmanageable, ZOOM.PH agrees to offer reasonable discount to Clients deemed deserving of such consideration.  The rate of such discount is solely on ZOOM.PH’s discretion.

Payment of Fees

The notification for renewal of hosting service is also emailed to your account ahead of the actual renewal date (usually five days earlier).  A penalty of 1% of the total hosting price shall be added to the remaining balance if Client fails to pay the amount due, within fifteen (15) days after the actual renewal date.

Failure to provide ZOOM.PH of the decision within five (5) days after the end date of hosting may force the latter to suspend the hosting of your website. 

All payments for hosting services are non-refundable once the 30-day money back guarantee has passed.

Non-compliance of our Terms of Service and Acceptable Use Policy shall be a ground for termination of annual hosting plans.  Violation of these policies shall forfeit any payments already made for a giving subscribed period.
Refund of payment may take up to thirty (30) days from the date the refund is requested or offered for processing.

Force Majeure

Notwithstanding the contrary contained in this section of the agreement, neither ZOOM.PH nor any of its employees warrants that the hosting services will be uninterrupted or error-free.

In no event will ZOOM.PH be liable to the Client or any third party for any damages, such as lost of profit or savings, or other incidental, consequential, punitive, or special damages arising out of the website operation due to circumstances beyond our reasonable control, including, but not limited to, service interruptions caused by acts of God, fortuitous event, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitors’ computer or Internet software, even if ZOOM.PH has been advised of the possibility of such damages.

Cancellation and Early Termination

Customer agrees that ZOOM.PH may suspend its services to Client with or without notice if: (i) ZOOM.PH believes that the services are being used in violating the Acceptable Use Policy; (ii) Client fails to cooperate with any reasonable investigation of any suspected violation of the Acceptable Use Policy; (iii) ZOOM.PH reasonably believes that the suspension of service is necessary to protect its network or its customers; or (iv) as requested by a law enforcement or regulatory agency. 

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if ZOOM.PH fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail.

The Agreement may be terminated by ZOOM.PH prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon fifteen (15) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within ten (10) days of a written notice from ZOOM Hosting describing the violation in reasonable detail; (iii) upon three (3) days notice if service is used in violation of any term on the AUP more than once, or (iv) upon one (1) day notice if Customer violates Section 5.3 (Violations of Acceptable Use Policy) of the AUP.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency.

Copyright Files

All files stored on ZOOM Hosting's servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, and ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

Disk Space Abuse

ZOOM.PH will be the sole arbiter as to what constitutes a violation of this provision.  Client is responsible for monitoring the disk space usage.  If for example, Client needs an extra disk space, he/she may contact our office.  You can also upgrade your hosting plan from inside your ZOOM Hosting client account.  ZOOM.PH shall not be responsible in maintaining quotas of individual accounts including but not limited to sub-directory, email and disk space consuming accounts.

AUP

Client agrees to use our services under the Acceptable Use Policy, which is hereby incorporated in this agreement.  Client also agrees that ZOOM.PH holds the right to modify the AUP to make it applicable to the present standards and laws.  In the event of a dispute between ZOOM.PH and Client regarding the interpretation of the AUP, commercially reasonable interpretation of the AUP shall govern. 

Customer Information

The Customer assures ZOOM.PH that the information he/she provided, provides, and will provide to the Company for purposes of establishing and maintaining the service is accurate. 

No-Spam Policy

ZOOM.PH has a zero tolerance approach to spam messages.  Any violation of the ZOOM Hosting No-Spam Policy (presented in the Acceptable Use Policy) may result in account suspension and/or termination depending on the severity of offense. 

ZOOM.PH reserves the right to identify the best possible action taken to correct any violations as outlined in the AUP.

Technical Support

In our pursuit to providing a personalized service to our clients, ZOOM.PH offers technical support for you.  This support includes troubleshooting and debugging of the cPanel interface and hosting functionalities. In certain cases, ZOOM.PH may also help clients with issues on scripts, templates, and programming language. However, due to the multitude of available scripts and compatibility requirements, ZOOM.PH cannot warrant support nor full hosting compatibility with all scripts. Client shall be responsible in ensuring that the script, application or content management system is compatible with ZOOM.PH’s hardware and software version. The Company is not obligated to help the Client in the installation of new application modules, and other related software or programs.  ZOOM.PH is also not responsible for fixing errors that have been caused by previous modification of the applications made by Client.

Revisions to this Terms of Service

ZOOM.PH reserves the right to update, revise or amend this policy.  Archive of old Terms of Service shall be made available and links will be included at the bottom of this page. Notice of the update, revision, and amendment may also be sent to primary client email registered in ZOOM.PH will be effective on the date noted in the posting.

By continuing to use ZOOM.PH services after the updates, revisions, or amendments are effective, Client acknowledges and agrees to abide by them.

Miscellaneous

If any section of this Terms of Service is deemed invalid or unenforceable, the remaining sections will remain in full force and effect.  Client agrees to indemnify, defend and hold harmless ZOOM.PH, its directors, officers, and employees against all claims and expenses resulting from any violation of this TOS.

This agreement may be amended only if a formal letter is accomplished by Client and is signed by both parties. 

Governing Laws

The Agreement shall be governed by the laws of the Republic of the Philippines.

Shared Accounts

ZOOM.PH does not allow reselling of add-on domains hosting packages or any other service included in the hosting account.

Service Guarantee

                ZOOM.PH does not guarantee an interruption-free hosting service, loss of data, consistency of back-up files and network availability.

Network Security

Customers may not use the ZOOM Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into a server or account you are NOT expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy.  

Static and Dynamic Content Caching

You expressly
(i) grant to ZOOM.PH a license to cache the entirety of your website, including content supplied by third parties, hosted by ZOOM Hosting under this Agreement and

(ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

ZOOM.PH shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by ZOOM Hosting. ZOOM.PH reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Uptime Guarantee

(1.) COVERAGE – ZOOM.PH gurantees 100% hardware uptime and 99.99% web and database server uptime to any customer in good financial standing with ZOOM Hosting.

(2.) SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - ZOOM Hosting endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ("unavailability") is defined as 100% packet loss from ZOOM Hosting to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via ZOOM Hosting's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by sending email to support.dept [@] zoom.ph or calling ZOOM.PH Technical Support hotline.
ZOOM Hosting's administrators will determine the end of the downtime by a trace route to your machine from outside the ZOOM Hosting network.

(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, ZOOM Hosting will credit the following month's service fee as follows. Your credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 100% of the monthly service charge for the affected month.
- 95% to 99.9% - your account will be credited 20% of your monthly hosting fee
- 90% to 94.9% - your account will be credited 50% of your monthly hosting fee
- 89.9% or below - your account will be credited 100% of your monthly hosting fee (3b.)

Credit shall not be provided to you in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at ZOOM.PH
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond ZOOM Hosting'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 or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- breaking any agreement policy in ZOOM Hosting's "Terms & Conditions and AUP" causing a machine to fail as a result.

If Client does not accept or understand any part or parts of this Terms of Service, he/she may contact us immediately to clarify things before signing up with our services.

Use of services provided ZOOM.PH means acknowledgement and acceptance of the terms of the Agreement.