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Terms of Service

Zernebok Hosting is not a reseller of any other hosting company.

Zernebok Hosting shall provide its Services to You (Customer) under the Terms and conditions of this Zernebok Hosting Customer Agreement. The Agreement is intended to protect both the integrity and liability of Zernebok Hosting and the Customer. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

You understand and agree that the Service is provided "AS-IS" and that Zernebok Hosting assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Customer communications or personalisation settings.

ZERNEBOK HOSTING: HOSTING SERVICES

1. BANDWIDTH. Each hosting plan includes prepaid bandwidth. Additional bandwidth is available. Contact sales department for more information. Extra overflow/emergency bandwidth is available at specified rates; in the event of your bandwidth limit being reached you will be contacted by us to negotiate this.

2. DOMAINS HOSTED. All hosting plans with Zernebok Hosting include domain hosting. Each hosting plan has a limit to the number of individual domains hosted.

3. DOMAIN REGISTRATION through Zernebok Hosting is available. You may register your domain to host with us or for your own reasons. Our domain name service includes full management of your domain. More details are available on request.

4. DISK SPACE. Additional disk space is available for each account. Contact sales for more information.

5. DEDICATED IP ADDRESS. Zernebok Hosting accounts do not include a dedicated IP address on most plans. For many customers an IP address is important for running SSL hosts and therefore we allow the purchasing of dedicated IP addresses. Payment is accepted in monthly and yearly instalments. Contact sales for more information.

6. MYSQL DATABASES are included in all hosting plans.

7. SSH is included in specified plans only. An additional charge may be made for SSH access with other packages. Any abuse of the SSH service may result in account deactivation. Contact sales for more information.

8. OTHER FEATURES are available with hosting plans. We will try to ensure that our web site is kept up-to-date with a list of all features available to customers. However, due to software upgrades and third-party changes beyond our control, it is sometimes the case that we may have to withdraw features that were previously supported. We will endeavour to provide notice of feature obsolescence should this be necessary, but cannot guarantee this.

MONEY BACK GUARANTEE

Zernebok Hosting offers a 15 day money back guarantee. If you are not satisfied with our hosting service you can e-mail billing@zernebok.com or submit a support ticket and receive a full refund for your hosting plan within 15 days of purchasing the account. Please note that the money back guarantee does not apply to domain names, SSL certificates, VPS packages, dedicated servers, software licences, or packages where you have already used more than 50% of the package resources. In some of these cases, we may be able to offer an account credit or a replacement product instead.

By requesting the Zernebok Hosting staff to install any script on your site for use by you and/or your visitors, or perform other advanced support work, your 15 day grace period will become void.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Zernebok Hosting Services, you will not use the Zernebok Hosting Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorised access to any Zernebok Hosting Services, other accounts, computer systems or networks connected to any Zernebok Hosting Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Zernebok Hosting Services.

Zernebok Hosting reserves the right at all times to disclose any information as Zernebok Hosting deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Zernebok Hosting's sole discretion.

Zernebok Hosting is covered by the laws of the United Kingdom, and, depending on server locations, either Germany or the United States of America.

THIRD PARTY

Any dealings with third parties (including advertisers) included within the Zernebok Hosting Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Zernebok Hosting shall not be responsible or liable for any part of any such dealings or promotions.

TERMINATION

You agree that Zernebok Hosting, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.

CANCELLATION

If you wish to cancel your account with Zernebok Hosting, you must submit a cancellation request through our member centre. All cancellations must be filed at least 24 hours prior to the next invoice due date, or you will be responsible for payment of that invoice.

INVOICE PAYMENTS

New customers will receive an invoice upon submitting their order through our online signup system. Existing customers will receive invoices approximately two weeks before the renewal date of their hosting package or domain name. It is the customer's responsibility to ensure that all invoices are paid in full and on time. Should your invoice not be paid by the due date, your account may be suspended. Domain names, SSL certificates, dedicated servers and third party software licences will NOT be renewed until the invoice for that service has been paid. This may lead to loss of data or unavailability of your hosted services, for which we disclaim any responsibility.

We accept a variety of payment methods. If you make a payment and it is not credited to your account automatically, please submit a support ticket through our member centre and we will ensure it is credited to your account immediately. If your invoice is left outstanding due to a technical error on our behalf, we will not apply the above condition and will ensure your services are renewed promptly.

In the event you overpay an invoice, or send payment without an invoice being due, we will credit the excess amount to your account with us. Any future invoices raised by us will first use this account credit. If you would prefer to have this amount refunded to your original payment method, you may submit a support ticket and we will issue a refund.

With the exception of the 15-day money back guarantee policy detailed above, and the repayment of excess invoice payments, we do not, as a rule, offer refunds. We do offer account credits if you wish to upgrade or downgrade your pre-paid service. If you have any queries regarding this policy, please contact the billing department.

YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the Zernebok Hosting Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.

In consideration of your use of the Service, you agree to:

1. Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form

2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Zernebok Hosting has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zernebok Hosting has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

3. You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.

You agree to:

- immediately notify Zernebok Hosting of any unauthorised use of your password or account or any other breach of security

- ensure that you exit from your account at the end of each session.

Zernebok Hosting cannot and will not be liable for any loss or damage arising from your failure to comply with this.

4. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorised access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.

5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.

6. Zernebok Hosting does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:

- infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy;

- violate any law, statute, ordinance or regulation;

- are defamatory, trade libellous, threatening, unlawfully harassing, abusive, pornographic or obscene;

- contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

- contain pirated or hacking/phreaking software or other content (warez) - any software or other material that is copyrighted and not freely available for distribution without cost. Examples of material which may be copyrighted include, but are not limited to: audio files (MP3, AAC, WMA, Ogg, FLAC, etc), video files (AVI, MPEG, MKV, VOB, WMV, etc), software (EXE, ZIP, RAR, etc), game emulators (ROMs), e-books.

- contain illegal adult content - any obscene or illegal erotic/pornographic material, links to such sites, or advertisements for such sites. Legal adult content (as defined by United Kingdom law) may be allowed by prior arrangement.

7. Zernebok Hosting does NOT allow IRC processes (including, but not limited to, proxies, bouncers, servers, bots and file servers) on shared or reseller hosting packages. Special requests for the hosting of such processes may be made; however, it is at the discretion of Zernebok Hosting as to whether such requests are allowed.

8. Zernebok Hosting does NOT allow the running of any other background processes (including, but not limited to, game servers, proxy servers, streaming audio/video servers and chat servers) on shared or reseller hosting packages. Special requests for the hosting of such services may be made; however, it is at the discretion of Zernebok Hosting as to whether such requests are allowed.

9. Zernebok Hosting does NOT allow the running of peer-to-peer clients, servers or trackers (for instance, BitTorrent software) on shared, reseller, VPS or dedicated servers, without prior permission from Zernebok Hosting. Permission may be granted for the legal use of this software; trading copyrighted material, however, is strictly forbidden, and will result in account termination.

SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:

- the bulk sending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients

- the sending of junk mail

- the use of distribution lists that include people who have not given specific permission to be included in such distribution process

- posting commercial ads to Usenet newsgroups that do not permit it

- posting articles containing binary encoded data to a non-binary newsgroups

- excessive and repeated posting off-topic messages to newsgroups

- excessive and repeated cross-posting

- e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libellous or obscene material, or material of any nature which could be deemed to be offensive

- the e-mailing of age-inappropriate communications or content to anyone under the age of 18.

ACCOUNT SUSPENSION

If we determine that your account is violating any of these terms, we reserve the right to suspend your account indefinitely. In particular, if we are contacted by a third party regarding a security exploit, or an instance of spamming or phishing, on your account, we will suspend your account so that we are able to gather evidence, if available, regarding the violation in question. We will notify you if this occurs, and will aim to work with you to identify the source of the exploit/violation, and remove it. Once we deem your account to be "clean", and assuming you are not intentionally responsible for the violation, your account will be unsuspended. If we discover wilful abuse of these terms, we reserve the right to terminate your account.

COPYRIGHTS

Copyrighted material must not be placed on Customer's account without the permission of the owner(s) or person(s) they specifically authorise. Only the owner(s) or such authorised person(s) may upload copyrighted material to the account.

Upon our receipt of notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.

PRIVACY POLICY

This policy covers how we use your personal information. We take your privacy seriously and will take all measures possible to protect your personal information.

Any personal information received will only be used to fulfil your order, and ensure continued provision of your service.

If you register a domain name, your name, address and telephone number will be made public as part of the domain registry's WHOIS database. This is not a policy specific to Zernebok Hosting, and we cannot control how your personal data may be used when made public. However, we do offer a free "privacy protection" service if you wish to avoid having these details made public. This can be enabled when ordering a domain, although please be aware that we cannot offer this for all TLDs due to some registrars disallowing the use of such services.

We will never make your personal billing data available to any third party, publicly or privately.

In no other situation will we share any personal data with any third party, unless required to do so by a court of law. We do not and will not sell or trade personal information for any reason.

REPORTING VIOLATIONS

Please report any violations of the Terms of Service to abuse@zernebok.com.

Terms of Service last updated: 19th September 2012.

Zernebok Hosting is a limited company registered in Scotland. Company number SC355615. Our registered office is as follows:

Zernebok Hosting, Ltd.
48 Deeview Road
Banchory
Aberdeenshire
AB31 5UT
United Kingdom


Copyright © 2001-2017 Zernebok Hosting, Ltd.
Zernebok Hosting is a limited company registered in Scotland. Company number SC355615.