Terms of Use - Zanzibar Hosting - Jamaican Web Hosting Services, E-Commerce, Content Management Systems from Zanzibar Technologies

Use of Zanzibar Technologies Co. Ltd.'s products and services constitutes acceptance and agreement to Zanzibar Technologies's TOS (Terms of Service).

For the purposes of these Terms Of Service, the "Provider" shall mean Zanzibar Technologies Co. Ltd. and "Client" shall mean the Person/Entity applying for a Web Hosting Service or Domain name registration Service

1. The provider reserves the right to change TOS at any time. Changes to Zanzibar Technologies CO. Ltd.'s TOS will be posted at http://www.zanzibartech.com. Client's continued use of Zanzibar Technologies Co. Ltd.'s services after the TOS changes have been posted to Zanzibar Technologies Co. Ltd.'s website will constitute the acceptance of the updated/changed terms.

Agreement

2. Provider reserves the right to refuse service to anyone at any time. Provider reserves the right, in its sole discretion, to deactivate your account(s) without further warning and for any reason, including but not limited to an indication of credit problems including delinquent payments, or if this service contract is violated, or if Client's account or the traffic on this account causes any kind of network or server problem / disturbances.
3. Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not contain anything leading to an abusive or unethical use of the web hosting product(s) or the host server(s). Abusive and unethical materials and uses include, but are not limited to pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, warez, and any harassing and harmful materials or uses. Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from your publication of materials or your use of those materials. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
4. Client hereby agrees that all domain names and any material submitted for publication on provider through client's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Disclaimer Of Warranties

5. The provided service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for any account(s) or other services provided, including, without limitation, warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid by client to provider for services.
6. Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use an account and any other services for any reason. Provider will not be responsible for any damages your business may suffer. Provider makes no warranties of any kind, expressed or implied for services we provide. Provider disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Provider and its employees.

Uptime Guarantee
7. Zanzibar Technologies Co. Ltd.'s guarantees that your site will not be down for more than 1000 cumulative minutes per month, or we will credit your next invoice accordingly. "Downtime" shall be defined as any given server not responding to ping requests within its Local Area Network for a period exceeding 5 minutes. Any other situation does not constitute a downtime per this program. "Downtime" does not include: Accounts hosted on systems using Microsoft Windows operating systems. Failures caused by custom configurations. Problems caused by the customer's mistakes or oversights, such as failing to pay for domain name registration or renewal fees. Problems caused by the failure or malfunction of the Microsoft FrontPage Server Extensions. Failures of customer-developed CGI scripts or other programming/setup not performed by Zanzibar Technologies Co. Ltd.'s. Sites that are disabled or removed for non-payment, violations of systems policies, or other reasons. Factors outside our control, such as heavy Internet congestion or networking failures outside our building, or problems caused by outside agents. In order to receive credit, the customer must submit a written request, as detailed above, within 7 days of the suspected downtime. Credit shall be remitted in increments of $1 only, rounded down from $X.50 and rounded up from $X.51. Credit shall be applied towards future account hosting fees only. Credit shall be calculated as prorated monthly cost of the client's single primary/main account held with Zanzibar Technologies Co. Ltd.'s only. Credit shall be calculated based on 15 minute increments (rounded down) of accumulated downtime over 1000 minutes per month. Zanzibar Technologies Co. Ltd.'s server uptime records shall be always authoritative and binding. The maximum credit liability of Zanzibar Technologies Co. Ltd.'s shall not exceed one (1) month hosting fees of any client.

Billing

8. Failure to pay: Provider may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. If a credit card payment is declined by the client's bank or if the rent is not paid on time provider may charge a US $15 late fee per billing cycle and a US $50 fee for each payment-related suspension.
9. Zanzibar Technologies Co. Ltd.'s does not issue refunds for any of its services. Even though our policy specifies no refund for late cancellations, there will be some cases where we will be able to issue partial refund with managerial approval. Any length of time shorter than one month of service is billed on a prorated basis for all packages.
10. If client disputes justified charges by provider on his credit card, provider has the right to charge a $50 administration fee in addition to the regular suspension charge of $25 and immediately discontinue service.

Terms Of Service Violations

11. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
12. Zanzibar Technologies Co. Ltd.'s subscribers will be held responsible and accountable for any activity by third parties, using their account, which violates guidelines created within the Terms Of Service. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
13. If a Zanzibar Technologies Co. Ltd.'s account is used to violate the Terms Of Service or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action; however, flagrant violations of the Terms Of Service will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
14. Fraudulent activity: Use of Zanzibar Technologies Co. Ltd.'s service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters is strictly prohibited. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
15. Illegal use: Zanzibar Technologies Co. Ltd.'s services may not be used for illegal purposes, or in support of illegal activities. Zanzibar Technologies Co. Ltd.'s reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
16. Harm to minors: Use of the Zanzibar Technologies Co. Ltd.'s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
17. Threats: Use of the Zanzibar Technologies Co. Ltd.'s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
18. Harassment: Use of the Zanzibar Technologies Co. Ltd.'s service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
19. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is strictly prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
20. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements is strictly prohibited. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
21. Distribution of Viruses: Intentional distribution of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems is strictly prohibited. Such an offense will result in the immediate termination of the offending account. Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.
22. Electronic Mail Abuse:

Harassment, whether through language, frequency, or size of messages, is prohibited.
Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.
Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
Forging of header or any other information is not permitted.
Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
Zanzibar Technologies Co. Ltd.'s accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

Violations of Zanzibar Technologies Co. Ltd.'s Terms Of Service will result in immediate account termination and provider reserves the right to charge up to $500 administrative clean-up fee and a $50 deactivation fee.

Support

23. Each support email sent by any Zanzibar Technologies Co. Ltd. customer must be confirmed as resolved or open by the same customer in the timeframe of no more than 48 hours from the time when the email was last answered with a resolution. In case of lack of communication from the customer's side, Zanzibar Technologies Co. Ltd.'s is able to lock the customer's account until customer confirms via email that the problem is resolved or still needs to be worked on.

zanzibar@zanzibartech.com