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Terms Of Service

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Terms of Service


Indemnification
Limitation of Liability
Payment of Fees
Force Majeure
Cancellation and Early Termination
Copyright Files
Disk Space Abuse
Acceptable Usage Policy
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, the 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 ZOOM.PH.† 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 customers deemed deserving of such consideration. The rate of such discount is solely on ZOOM.PH's discretion.

Customer Responsibility

Backups created by ZOOM.PH are for internal use only. Automated back up may fail or be corrupted, thus we do not warrant its completeness or integrity. The client shall be responsible in securing a backup of their website, database, email and all other information uploaded to ZOOM.PH servers.

Client shall be responsible in monitoring payment due dates for all services subscribed to ZOOM.PH. ZOOM.PH shall not be responsible for any loss, indirect, incidental, punitive or consequential damages arising from suspension or termination of subscription due to delayed payment or non-payment of product subscription to ZOOM.PH.

ZOOM.PH may provide free or paid assistance in migrating domain, hosting and other digital assets from another provider to ZOOM.PH or vice versa. ZOOM.PH does not warrant that the migration will be free from error, will be migrated on a timely manner or be migrated successfully or completely. It is ultimately the client's responsibility to determine, confirm and continue to monitor that the domain and website has been transferred or migrated succesfully, that all DNS records are working properly and that all services including e-mail are working as expected. ZOOM.PH will not be liable for any loss, indirect, incidental, special, punitive or consequential damages arising from delays encountered, downtime, website problem, website corruption and domain deletion related to migration or transfer assistance provided by ZOOM.PH domain and website migration.

Client shall exert effort in ensuring that the website is secured. ZOOM.PH shall not be responsible for any damages or losses caused by partial or full damage to the website or e-mail service caused by hacking activities, including but not limited to shell exploit insertion, SQL Injection, and other form of cybercrime attacks.

Payment of Fees

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

Failure of the customer 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 the website.

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

Non-compliance to the provision of the foregoing Terms of Service shall be a ground for termination of annual hosting plans. Violation of the foregoing policies shall forfeit any payments already made for a giving subscribed period even if it is within the 30-day money back guarantee period.

Refund of payment may take up to thirty (30) days from the date the refund was offered for processing. Client agrees to allow ZOOM.PH to resolve technical issues before processing of refund. Technical issues resulting from choosing inappropriate package, client's inability to resolve technical issues that are not web hosting related or reasons that are beyond ZOOM.PH capacity to resolve maybe refunded proratedly based on the length of time during which the account was active.

ZOOM.PH reserves the right to restructure pricing when it deems necessary to adapt to industry changes without prior notice. (On price vague of any hosting packages or domain registration, ZOOM.PH agrees to allow reasonable time of 30-day to continue using the service and to settle the difference in package cost or fees or to look for another service provider.)

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 customer 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 force majeure, fortuitous event, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, there 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 customer with or without notice if: (i) ZOOM.PH believes that the services are being used as against the Acceptable Use Policy; (ii) customer 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 address 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; (ii) customer materially violates any other provision of the Agreement, including the AUP, and fails to address the violation within ten (10) days of a written notice from ZOOM.PH; (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 of the AUP.† Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency.

Copyright Files

All files stored in ZOOM.PH's servers must be legally owned and be accompanied with a valid license and/or copyright. This includes and is not limited 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. Customer shall be responsible for monitoring the disk space usage. Should for any reason customer would need extra disk space, the same may contact ZOOM.PH. Customer may also upgrade hosting plan from inside ZOOM.PH 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.

Acceptable Use Policy

Customer agrees to use our services under the Acceptable Use Policy, which forms integral part of the Terms of Service. Customer 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 customer regarding the interpretation of the acceptable use policy, commercially reasonable interpretation of the AUP shall govern.

Customer Information

The customer assures ZOOM.PH that the information provided, and will be provided to ZOOM.PH 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.PH 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 provide a personalized service to our clients, ZOOM.PH offers technical support. 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 or 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. ZOOM.PH is not obliged to help the customer 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 modification of the applications made by customer.

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

By continuing to use ZOOM.PH services after the updates, revisions, or amendments are effective, customer 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 applies best practices in maintaining its servers and infrastructures; however ZOOM.PH does not guarantee an interruption-free hosting service, loss of data, consistency of back-up files and network availability. ZOOM.PH makes use of best security software, hardware and web application firewall, exploit and rootkit scanners in all its servers. ZOOM.PH patches software as soon as new stable versions are released. Customers acknowledge that ZOOM.PH is using combination of open source technology including but not limited to operating system, control panel, plugins and Content Management System developed by open source communities or private entities involved in software development. Customer acknowledges that softwares even those that are released by big companies may contain vulnerability.

Shared hosting packages are designed to cater business website that can tolerate certain level of security risks. Shared hosting packages are not designed to host websites that require high level of security including but not limited to financial transactions, payment facility, & other high confidential information.

ZOOM.PH servers are not archived and furthermore, shall not be liable to the customer or to any other party for loss, damage or destruction of any content hosted in our servers. Furthermore, servers are not intended to host PCI (Payment Card Industry) or HIPPA (Health Insurance Portability and Accountability Act) compliant platforms.

ZOOM.PH's cannot be held liable for any direct or indirect losses, expenses, and claims resulting from the use of the services provided. ZOOM.PH responsibility is to assist customers in restoring any availble backup or customer generated backup in case of data loss, data damage, hacking or any undesirable website modification. In case of irrecoverable damage, ZOOM.PH resserves the right to charge customers a reasonable fee for re-coding the website, when possible.


Network Security

Customers may not use the ZOOM.PH 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 customer, logging into a server or account customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other security policy of ZOOM.PH.

Static and Dynamic Content Caching

Customer expressly
Grants ZOOM.PH a license to cache the entirety of the website, including content supplied by third parties, hosted by ZOOM.PH under this TOS and

Agrees that such caching is not an infringement of any of customers intellectual property rights or of 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 customer by ZOOM.PH. ZOOM.PH reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Uptime Guarantee

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.

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.

SHARED HOSTING CREDITS - In the event that customer website is unavailable for less than 100%, ZOOM.PH will credit the following month's service fee as follows: customer credit shall be retroactive and measured 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 nor ZOOM should be liable to the client, its employees, customers or agents from 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.PH's reasonable control, including, but not limited to, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability 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 web site,
- customerís fault including but not limited to client's inability to monitor account expiration, suspension and/or termination due to non-payment, violation of acceptable use policy and not responding to critical notices on time including notices related to fraud and other illegal content as specified in this policy.
- breaking any agreement policy in ZOOM.PH's "Terms & Conditions and AUP" causing a machine to fail as a result. If customer does not accept or understand any part or parts of this Terms of Service, customer may contact us immediately to clarify things before signing up with the services
Use of services provided ZOOM.PH means acknowledgement and acceptance of the terms of the Agreement.