Termination by ZWC

ZWC may terminate this TOS if

1. You fail to pay any sums due (including Fees) to ZWC as they are due;
2. In ZWC’s reasonable opinion, you do not have sufficient technical expertise to use the Services without excessive ongoing technical support;

• ZWC determines in good faith that continued provision of the Service has become impractical or unfeasible for technical, legal, regulatory or any other material reason; or

1. You violate this TOS or any agreement incorporated by reference.

Termination by You

You agree to indemnify, defend and hold harmless us, our parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "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 attorneys’ 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 violation by you of any of our policies; (iii) any breach of any of your representations, warranties or covenants contained in this TOS; and/or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this TOS. For the purpose of this paragraph only, the term "you" as set out in subparagraphs (i) through (iv) includes you, End Users, visitors to your website, and users of your products or services, the use of which is facilitated by us.

Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.

In the event of a dispute between the parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the "C" level or above. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute.

This Agreement and its interpretation hereunder and all suits and special proceedings hereunder shall be construed in accordance with the applicable Indian laws and any dispute arising shall be governed by the same. The District Courts in Karimnagar, Telangana, India shall have jurisdiction to try and decide any matter arising out of and related to this Agreement. The Parties unconditionally submit to the jurisdiction of Karimnagar District, Telangana, India, for settlement of any dispute or enforcement if any right under this Agreement.

 

• Scheduled maintenance;
• Emergency maintenance, hardware and software failure remedied under 1 hour;
• Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events;
• Downtime caused by you, your own configuration, or third-party applications you use;
• Downtime caused when you reach the maximum resources allocation for your plan;
• Downtime caused because you have violated this TOS;
• Downtime during work on your technical support request(s); or
• Downtime during scheduled maintenance.
• Force majeure.

 

 

Zaha Web Consultants resells top-level domains (TLDs) – gTLDs (generic top level domains) and ccTLDs (country-specific top level domains). Your use of a domain name is governed by this TOS, the Registrant Agreement provided by the respective Registry or Registrar, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).

ICANN Policy

1. Domain name registration

i. Zaha Web Consultants does not warrant or guarantee that the domain name applied for in your Order will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted an Order to register a domain name until you have been notified by us that your requested domain name has been registered.

ii. The registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use, and you are responsible for ensuring that you are aware of those terms and conditions. You waive any claims you may have against Zaha Web Consultants should a naming authority refuse to register a domain name. Domain registration and renewal fees are non-refundable in any event. Renewal fees for expired domain names may vary depending on the Registrar of record.

iii. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned. Zaha Web Consultants will take no part in any such dispute. 

iv. You are solely responsible for providing us with correct and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. Any changes made by you to your details using the Zaha Web Consultants’ Customer Portal facility are your own responsibility. We are not responsible for the renewals of any domain name registrations, except when stated otherwise as part of a special promotion, and you should make your own arrangements for reminding yourself when any name is due for renewal. 

v. Free domain name registration

We may offer you a free domain name registration during your Initial Term and any Renewal Term (Free Domain Name) as part of some of the hosting services and special promotions we provide. You must satisfy the following criteria in order to take advantage of this offer:

• You must order a hosting service that includes a Free Domain Name registration as described on the Product Page.
• The Free Domain Name must be your first primary domain and must be associated with the initially ordered Hosting Service throughout the duration of your prepaid Term.
• The Free Domain Name must be for one of these tlds: .com, .net, .org, .biz, or .info. For visitors from certain countries, the local country-specific domains may be available for free registration and renewal.

We have no liability for domain names that are not registered by us and associated with your accounts.

vi. Information you are required to submit
As part of the registration process, you are required to provide certain information to us, and to promptly update this information as needed to keep it current, complete and accurate. We will use this information in accordance with TOS and our Privacy Policy. 

You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may change. If you do not wish to provide the new information, your registration will not be renewed.

The information you provide determines the ownership of the domain as set out in the terms and conditions of the domain name registrar. For non-expired domain names registered through Zaha Web Consultants, this information can be changed at any time by submitting a support ticket through the support portal.

If you intend to sell use of a domain name to a third party, or to allow a third party to use it, you are still responsible for providing the contact information specified above. You accept liability for such a registration, and remain responsible for payment of the relevant Fees and performance of all other obligations under TOS.

vii. Obligations relating to provided data
If you provide information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in TOS, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in TOS.

You acknowledge that wilfully providing inaccurate information or wilfully failing to update information promptly, or failure to respond for over fifteen days to inquiries by Zaha Web Consultants concerning the accuracy of contact details associated with your registration will constitute a material breach of TOS and will be sufficient basis for cancellation of your domain name registration.

viii. Disclosure and use of registration information
You agree and acknowledge that Zaha Web Consultants will make available domain name registration information you provide, or that Zaha Web Consultants otherwise maintains, to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit.

ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Zaha Web Consultants may or must make available to the public or to private entities and the manner in which such information is made available. You agree to abide by these policies and may not terminate TOS based on such a change.

2. Domain Registrar Transfers

You can change your Registrar for an existing domain name only in accordance with the policy of the relevant Registry. Only the “Domain Name Owner” (the individual or entity listed as the registrant in the current domain name registration) of the domain name registration may initiate a request to transfer the domain to Zaha Web Consultants. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that you have been given full and complete authority by the Domain Name Owner of the domain name registration to initiate such a transfer. We may require you to provide documentation that proves that the Domain Name Owner of the domain name initiated this transfer request. 

 

Updated on: 09th Dec 2016.
Effective Date: 09th Dec 2016.

The Zaha Web Consultants Acceptable Use Policy (AUP) sets out the rules and guidelines for using our services. The AUP is an integral part of the Zaha Web Consultants Terms of Service (TOS). You agree to maintain your account and website in full compliance with the TOS and the AUP.

By using any service provided by Zaha Web Consultants:

• Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 
• You agree that you will not violate any applicable laws, regulations, ordinances, rules or any requirements of any applicable Federal, State, national or local government or any applicable regulator.
• You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be spamming or Mail Bombing.
• You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
• You agree not to make, attempt or allow any unauthorized access to Zaha Web Consultants’ website, servers, your own hosting account or the account of any other Customer of Zaha Web Consultants.
• Run cron entries with intervals of less than 15 minutes
• You agree not to allow any remote code execution of malicious software through the hosting account provided by Zaha Web Consultants.
• You agree not to cause denial of service attacks, port scans or other endangering and invasive procedures against Zaha Web Consultants servers and facilities or the servers and facilities of other network hosts or Internet users.
• You agree not to forge the signature or other identifying mark or code of any other person or engage in any activity (including "spoofing") to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames).
• You agree that you will not use the account provided by Zaha Web Consultants for storing any data if it is copyrighted and you are not the owner of the copyright. This includes but is not limited to copyrighted music or video files, copyrighted software, etc.
• Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
• You agree that you will not use Zaha Web Consultants services to host any website, other content, links or advertisements of websites that:
  • infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
  • profess hatred for particular social, ethnical, religious or other group;
  • contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property;
  • contain Illegal or Hacking/Phreaking Software (Warez);
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
  • contain any kind of proxy server or other traffic relaying programs;
  • promote Money Making Schemes, Multi-level Marketing or similar activities;
  • Participate in any file-sharing/peer-to-peer activities
  • contain Torrent trackers, Torrent Portals or similar software;
  • are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
  • are violent or encouraging violence.

Examples of unacceptable materials on all Zaha Web Consultants servers include:

IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.

Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers immediately without prior notice.

By using our services, you also agree not to engage in or to instigate actions that cause harm to Zaha Web Consultants or other Zaha Web Consultants customers. It is your responsibility to ensure that your hosting account will not be used to, engage in or to instigate actions that cause harm to Zaha Web Consultants or other Zaha Web Consultants customers. Such actions include, but are not limited to, actions resulting in blacklisting any Zaha Web Consultants IPs by any online spam database, actions resulting in DOS attacks for any Zaha Web Consultants server, etc.

You are solely responsible for ensuring that all programs and scripts installed on your account are secure and the permissions of the directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity on your account, including any compromise of login credentials. You agree to keep all your login credentials secure at any time. We reserve the right to carry out regular audits to determine the security level of login credentials. In case we consider your credentials are not secure enough, we will either notify you and set a timeframe for updating them or we will change the login credentials and provide them to you. We may suspend access to your hosting account until you update your login credentials with more secure ones.

Zaha Web Consultants cannot and shall not provide legal advice referring to the contents of your account and its performance. All information, articles, tutorials and tech support advice are provided in good faith and do not constitute official requirements, regulations or statements. You shall be solely responsible for verifying whether the content of your account complies with any specific legal act or provision. Zaha Web Consultants shall not be liable in the event that any part of your account violates any law or regulation.

You acknowledge and agree that Zaha Web Consultants has the sole right to decide what constitutes a violation of the AUP as well as what is the appropriate severity of any corrective action to be applied. If any part of your account is found to violate the AUP, we may take immediate corrective action without prior warning, including immediate account suspension, deletion of content from your account or account termination with no refund. Zaha Web Consultants shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Zaha Web Consultants or any other third party.

You understand and agree that in case your account is suspended for violation of the AUP, we may ask for a re-activation fee ($60.00) with your consent.

We reserve the right to terminate any hosting account that has been suspended for violation of the AUP or the TOS. Backup copies will not be available for terminated accounts.

 

 

Our Fair Use Policy sets out certain limitations on the allocation of Server resources, aiming to allocate all our customers fair and adequate use of the Services. Details on the resource allocation are set on the Product Page for your Hosting Plan.

When using the Services, you will ensure that neither you nor any of your End Users make excessive use of the Server resources to Zaha Web Consultants damage or that of our other customers. The term "excessive" is defined by our experience with similarly situated customers. Your account includes a control panel that provides statistics setting out your use of the resources associated with the Services. These statistics are the sole and exclusive method to determine whether your account has exceeded its allocated resources.

Unmetered traffic (bandwidth) applies to your use of web pages only (html, php, etc.), not to upload or storage of movies, pictures or music files. While we do not meter traffic, the maximum availability at any time will depend on current traffic usage and the technical specifications of our equipment. Certain Services have a fixed bandwidth allocation as set out on their Product Page. If in any calendar month your use of bandwidth exceeds that basic allocation, the Service will be limited and an overage fee may be charged if you wish to restore it. Unused bandwidth may not be carried over from month-to-month.

You agree that we have the sole right to decide what constitutes a violation of the Fair Use Policy and what is the appropriate severity of any corrective action to be applied. Failure on your part to maintain your account in full compliance with the TOS may result in warning, resource usage limitations, suspension or immediate account termination with no refund. You understand and agree that in the event of violation of the Fair Use Policy, we may provide you with a certain period of time to correct the issue. If you take no action during this period, we may apply corrective actions at our sole discretion. You acknowledge that we can immediately suspend and/or terminate each account that violates the Fair Use Policy and will not be responsible for any data loss resulting from such termination of Services. 

 

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You can choose to upgrade or downgrade the Hosting Services at any time. All available upgrade options are subject to the fees set out on the respective Product Pages (Upgrade Fees).
The Upgrade Fee covers any account data transfer from one Server to another that might be required as part of the upgrade process. Any additional Services you have on the account will also be transferred, as long as they are compatible with the features of the new plan.

1. Upgrade to another Hosting Plan

If your current Term expires more than one month from the date you order an upgrade, we will charge you only for the difference in Fees for all remaining full months. Your Term and expiration date will not change.

If your current Term expires less than one month from the date you order an upgrade, we will directly charge you for renewal on the new plan, at a Renewal Term of your choice.

2. Downgrade to another Hosting Service

You can choose to downgrade your account only if:

   • your account was not previously upgraded from that plan because of violation of our Fair Use Policy; and
   • your content does not require Server setup different from the standard Server setup. 

You can request a downgrade through support portal. We may refuse to process your request if your account does not meet the conditions for a downgrade or if in our reasonable opinion, the new plan is not suitable for the account.

Upon downgrade of your Hosting Service we will calculate the difference in Fees between the two plans for any full months remaining from your Term and we will prorate that as extra time to your new plan. If no full months remain, your account will keep its current Term. Any additional or free Services that are either not included in or are not compatible with the new plan will be terminated. 

 

Updated on: 09th Dec 2016.
Effective Date: 09th Dec 2016.

Upon you sign up Zaha Web Consultants paid service plan, you agree to pay for non-refundable monthly or annual subscription fee and other annual or one-time fees, in advance, including fees for the license of Software and Services to be rendered to You by or on behalf of Zaha Web Consultants in the following month. 

If we suspend a portion of your Service due to a violation by You of any laws, regulations, or policies, You will remain responsible for the payment of all applicable fees.

If you cancel the Service in the middle of billing cycle, no Zaha Web Consultants’ service fee will be refunded.

In Short’ Zaha Web Consultants does not provide refunds. 

 

 

We may transfer your website(s) to us upon request. Website transfers are subject to the Fees set out on the respective Product Page.

You agree to give us access to your account with the previous host, so we can create a backup copy, transfer your website(s) and make all configurations necessary for your website to work on our Servers. If we are not able to create a backup copy for reasons outside our control, you agree to make one available for us. Java and ASP.NET are not supported on our servers. If your previous host uses cPanel, we will make a backup copy of your account through cPanel. Restoring that backup on our servers will replace any data previously uploaded to your account.

The data to be transferred must be less than the permitted size of your Hosting Services. Transfer of your domain name(s) to Zaha Web Consultants and installation of external SSL certificate(s) are not included in our website transfer service and can be ordered separately from products page.

We may refuse to transfer your website(s), if your website(s) require configuration that is not compatible with our Servers or if in our reasonable opinion such transfer will require more resources than website transfers for similarly situated customers. In case we cannot transfer your website(s), any website transfer fees will be refund.

 

Updated on: 09th Dec 2016.
Effective Date: 09th Dec 2016.

Backup Restore services are part of our paid support services and can be ordered from your User Area. Depending on the hosting Services you have chosen, we may provide backup restore tools or services to you.

We may suspend the Weekly Backup Service for your account or refuse to restore your data, if in our reasonable opinion such backup will result in a security risk or will alter the performance of our Server to the detriment of other customers.

Our Backup Services are provided as-is and are subject to all limitations of liability set out in TOS. You agree to notify us through Support Portal in case the Backup Service malfunctions and allow us reasonable time to resolve any issues. You agree that you will maintain your own set of backups independent of those we maintain. In the event that you are not satisfied with the outcome of any Backup Restore, it shall be your obligation to restore your files and data from your own backup. 

 

Updated on: 09th Dec 2016.
Effective Date: 09th Dec 2016.

Zaha Web Consultants’ products are provided "as is" without warranty of any kind, either expressed or implied. In no event, shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use our products.

Zaha Web Consultants’ does not warranty or guarantee these products in any manner. We cannot guarantee they will function with all 3rd party extensions, components, plug-ins, modules or other products. Please ensure that the browsers you use will work with the designs as we cannot guarantee Zaha Web Consultants’ designs will work with all browser combination.