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   Web Hosting Agreement
  This Web Hosting Agreement (this ďAgreementĒ) is between Zeeblo.com (we, Company) and the person (individual or legal person) who signs Zeeblo.comís service order and set up form (the ďOrderĒ) incorporating this Agreement by reference (ďCustomerĒ). This Agreement governs Customerís use of Zeeblo.comís Web hosting service. In addition, when using particular Zeeblo.com owned or operated services, you and Zeeblo.com shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Anti-Spam Policy) are hereby incorporated by reference into the Terms of Service ("TOS"). Zeeblo.com may also offer other services that are governed by different Terms of Service.

Table of Contents
Services
Term
Payments
Law/AUP
Customer Information
Indemnification
Disclaimer of Warranties
Limitation of Damages
Suspension of Services/Termination
Request for Customer Information
Back Up Copy
Notices
Force Majeure
Miscellaneous



  1. Services
    Subject to the terms of this Agreement (Terms Of Service "TOS"), and contingent on Customerís satisfaction of Zeeblo.comís credit approval requirements, Zeeblo.com agrees to provide the web hosting services described in the Order for the fees stated in the Order. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Zeeblo.com to provide the Service. You also understand and agree that the Service may include certain communications from Zeeblo.com, such as service announcements, administrative messages and the Zeeblo.com Newsletter, and that these communications are considered part of Zeeblo.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Zeeblo.com properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Zeeblo.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
  2. Term
    The initial service term of the Agreement shall begin on the date that Zeeblo.com generates an e-mail message to Customer announcing the activation of the Customerís account (the ďService Commencement DateĒ) and shall continue for the number of months stated in the Order (the ďInitial TermĒ). Upon expiration of the Initial Term, this Agreement shall renew for up to one successive renewal terms of the same length as the Initial Term (each a ďRenewal TermĒ) provided the Customer requests the same atleast five (5) business days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the ďTermĒ
  3. Payments
    1. Fees
      Fees are payable in advance on the first day of each billing cycle. Customerís billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Zeeblo.com may at its own discertion provide web hosting for free. If the Order provides for credit/debit card billing, Customer authorizes Zeeblo.com to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Zeeblo.com will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 4th day following invoice date, but in no event earlier than the first day of each billing cycle.

      Payments must be made in United States dollars or hypothetical forum points described as Zeeblo dollars and abbreviated as Z$ depending upon the currency stated. Customer is responsible for providing Zeeblo.com with changes to billing information (such as credit card expiration, change in billing address) At its option, Zeeblo.com may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Zeeblo.com may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Zeeblo.com may suspend the service without notice if payment for the service is overdue. Fees not disputed within fifteen (15) days of due date are conclusively deemed accurate. Customer agrees to pay Zeeblo.comís reasonable reinstatement fee following a suspension of service for non-payment, and to pay Zeeblo.comís reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
    2. Fee Increases
      Zeeblo.com may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least fifteen (15) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
    3. Taxes
      At Zeeblo.comís request Customer shall remit to Zeeblo.com all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Zeeblo.com), regardless of whether Zeeblo.com fails to collect the tax at the time the related services are provided
    4. Early Termination
      Customer acknowledges that the amount of the fee for the service is based on Customerís agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Zeeblo.com terminates the Agreement for Customerís breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Zeeblo.comís breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
  4. Law/AUP
    Customer agrees to use the service in compliance with applicable law and Zeeblo.comís Acceptable Use Policy posted at http://www.zeeblo.com/aup.html (the ďAUPĒ), which is hereby incorporated by reference in this Agreement. Customer agrees that Zeeblo.com may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customerís use of the Services. Amendments to the AUP are effective on the earlier of Zeeblo.comís notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Zeeblo.comís reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Zeeblo.com and Customer regarding the interpretation of the AUP, Zeeblo.comís commercially reasonable interpretation of the AUP shall govern.
  5. Customer Information
    Customer represents and warrants to Zeeblo.com that the information he, she or it has provided and will provide to Zeeblo.com for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Zeeblo.com that he or she is of legal age to understand and enter into contract or agreement with Zeeblo.com. Zeeblo.com may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customerís account until Customer has provided a written notice changing the Primary Customer Contact.
  6. Indemnification
    Customer agrees to indemnify and hold harmless Zeeblo.com, Zeeblo.comís affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customerís services in violation of applicable law or the AUP by Customer or any person using Customerís log on information, regardless of whether such person has been authorized to use the services by Customer.
  7. Disclaimer of Warranties
    Zeeblo.com DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Zeeblo.com DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN ďAS ISĒ BASIS.
  8. Limitation of Damages
    NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

    NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Zeeblo.com AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
  9. Suspension/Termination
    1. Suspension of Service
      Customer agrees that Zeeblo.com may suspend services to Customer without notice and without liability if: (i) Zeeblo.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Zeeblo.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Zeeblo.comís reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
    2. Termination
      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 Zeeblo.com 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 Customerís written notice describing the failure in reasonable detail. The Agreement may be terminated by Zeeblo.com prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) 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 three (3) days of a written notice from Zeeblo.com describing the violation in reasonable detail; (iii) upon one (1) days notice if Customerís Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
  10. Requests for Customer Information
    Customer agrees that Zeeblo.com may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customerís customers or end users that Zeeblo.com believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
  11. Back Up Copy
    Customer agrees to maintain a current copy of all content hosted by Zeeblo.com nothwithstanding any agreement by Zeeblo.com to provide back up services. Backups shall be customer's responsibility and not a liability on Zeeblo.com .
  12. Changes to Zeeblo.comís Network
    Upgrades and other changes in Zeeblo.comís network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customerís hosted content and/or applications. Zeeblo.com reserves the right to change its network in its commercially reasonable discretion, and Zeeblo.com shall not be liable for any resulting harm to Customer.
  13. Notices
    Notices to Zeeblo.com under the Agreement shall be given via electronic mail to the e-mail address legal@zeeblo.com. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
  14. Force Majeure
    Zeeblo.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Zeeblo.comís control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
  15. Governing Law/Disputes
    The Agreement shall be governed by the laws of the State of Delhi, Union Of India, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN Delhi, India, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
  16. Miscellaneous
    Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other partyís name or trade mark without the other partyís prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customerís purchase order or other business forms are not binding on Zeeblo.com unless they are expressly incorporated into a formal written agreement signed by both parties. A partyís failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that partyís rights with respect to that provision or any other provision of the Agreement. A partyís waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Zeeblo.comís prior written consent. Zeeblo.comís approval for assignment is contingent on the assignee meeting Zeeblo.comís credit approval criteria. Zeeblo.com may assign the Agreement in whole or in part.

    This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.
 
 
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