The use of services from ZestServers.com, [hereafter referred to as "ZestServers"] constitutes agreement to these terms. You may view our Privacy Policy here.
1. Account Setup / Email on file
We shall activate your service only after we receive the payment for the service and after our fraud department makes the required checks to verify the order and your order is real. The email which you are going to use for the billing account in our system should not be hosted with us, as if there is an abuse issue we need to contact you about - this email must be active.
Transfers:
Our team will try to help you with the transfer of your account from another hosting company. However, transfers are provided as a courtesy service and we can't guarantee the success of the transfer, because of the different platforms, control panels, versions and others, which different companies are using. The free account transfer is valid for 30 days after the initial service activation.
2. Content
All services provided by ZestServers may only be used for lawful purposes. The laws of the State of Florida, the State of Georgia, and the United States of America apply.
The customer agrees to indemnify and hold harmless ZestServers from any claims resulting from the use of our services.
Using our services to harm any copyright or trademark is prohibited. This includes, but not limited to: unauthorized music, videos, books, pictures and so on. Each account breaching copyright or trademark will be terminated and information will be send to authorities.
Using shared/reseller hosting accounts on our servers for storage or backup is not permitted, with the exception of one cPanel backup of the same account. This space is strictly for hosting a web site.
Forbidden programs and services on our servers:
* Topsites
* IRC Scripts/Bots
* Proxy Scripts/Anonymizers
* Pirated Software/Warez
* Image Hosting Scripts (similar to Photobucket or Tinypic)
* AutoSurf/PTC/PTS/PPC sites
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/Spam Scripts
* Banner-Ad services (commercial banner ad rotation)
* File Dump/Mirror Scripts (similar to rapidshare)
* Commercial Audio Streaming (more than one or two streams)
* Escrow/Bank Debentures
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* MUDs/RPGs/PPBGs
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
Examples of unacceptable material on all Dedicated servers include:
* IRCD (irc servers)
* IRC Scripts/Bots
* Pirated Software/Warez
* IP Scanners
* Bruteforce Programs/Scripts/Applications
* Mail Bombers/spam Scripts
* Escrow
* High-Yield Interest Programs (HYIP) or Related Sites
* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
* Sale of any controlled substance without prior proof of appropriate permit(s)
* Prime Banks Programs
* Lottery Sites
* Hateful/Racist/Harassment oriented sites
* Hacker focused sites/archives/programs
* Sites promoting illegal activities
* Forums and/or websites that distribute or link to warez/pirated/illegal content
* Bank Debentures/Bank Debenture Trading Programs
* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
* Mailer Pro
ZestServers services and equipment are provided only to authorized customer use. Our services and servers might be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. While monitoring the information might be checked, copied, or used for legal actions.
ZestServers reserves the right to refuse service to any customer, no matter of the reason. In such case the client has the right to request refund for any pre-paid in advance period.
If you are unable to respond within 48 hours to our abuse department, your services will be suspended. All issues, problems and questions sent to you, by our abuse department must receive response within 48 hours.
If you wonder if we can accept your site to be hosted on our servers - please contact our sales department and we with pleasure will review your question and respond to you shortly with an answer.
Any site hosting child pornography is forbidden (including half-naked child pictures). If we find any half-naked or completely naked pictures of children - we will terminate your account immediately without any notice.
ZestServers provides high security on its server and control panel. All ZestServers customers are responsible for the security of their web site and php/perl scripts. Note that most CMS, forums, gallery scripts and so on are vulnerable to hacker attacks and if not updated frequently (each time a new version comes to be applied over the existing one) - you risk your site to be hacked. If hacked it is very likely your account to become a hacker target and hackers to start running scanners or other kind of bots, which might result of terminating your account. Unfortunately in such cases ZestServers can not help you determinate which script is hacked. Therefor any hacked account must get a new, fresh installation, using the latest version of the script using to run the site and all similar add-ons used on that site to prevent further hacker attacks. In case of repeated hacker attacks - the customer has two options - either change the script he is currently using with more secure one or change the hosting provider, as we can not afford to be hosting for scanners, bots and other non-lawful scripts/activities.
3. Zero Tolerance Spam Policy
Any customer caught spamming will get his account terminated immediately with or without notification. Customers are allowed to send no more than 150 emails per hour or 3600 emails per day. No exceptions are allowed!
Any customer using a mailing list, must use safe mailing list, which verifies the email address of the subscriber. Any customer using non-safe mailing list might result of suspension of his account until he switch to a safe mailing list.
If any of your emails sent through our servers put our IPs in a blacklist (such as SpamHaus), we reserve the right to charge the customer, whose reported email got us in that blacklist. The customer will be charged the amount needed to get our IP(s) out of that blacklist.
Sites advertised via SPAM (anykind of spam) might not be hosted on our servers and we will terminate them with or without notification.
4. All services at ZestServers must be paid in advance before using them.
If you wish to cancel - you have to open a trouble ticket and inform us, so we can stop any recurring billing currently running.
As a client of ZestServers, it is your responsibility to keep all your information and billing data up to date.
5. Backups and data loss
You use the service of ZestServers at your own risk. ZestServers provides backup service to you as a courtesy. ZestServers is not responsible for the files/data on your account and it is your responsibility to backup your files and emails.
6. Cancelations
ZestServers reserves the right to cancel any account at any time with or without notice.
Cancelation in case of abuse report - no refund can be given for any period!
In case the cancelation has been made without breaching any of our terms and conditions - ZestServers will refund or credit the money for the unused period to the client.
7. Refunds and Money back guarantee
ZestServers offers money back guarantee to all it is hosting services:
7 Days for VPS hosting
30 Days for Reseller hosting
45 Days for Shared web hosting
Domain registrations are not considered as hosting service and therefor there is no money back guarantee on any domain purchases. All domain purchases are final.
The following payment methods can not be refunded and can only be credited to your account with us:
Bank wire, western union, checks, money orders
There are no refunds to any administrative fees (such as remote hands, administrators hourly fee or similar)
Only first time account holders are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Breaking our terms and conditions will waive our refund policy.
8. Resource usage and distribution.
Customers are not allowed to:
a. use 25% or more of the system resources for longer than 90 seconds. There are number of activities that could cause such issues. They include, but not limited to: perl scripts, PHP scripts, FTP usage, various HTTP requests and so on.
b. run any server-side process (such as IRCD and so on)
c. run any time of web spider or indexer
d. run any software that interfaces with IRC
e. run any torrent application, tracker or client. You might link to legal torrent sites, but never to warez/adult or anything that breach our terms and conditions.
f. do any file-sharing or peer to peer activities
g. run game servers
h. run cron entries with intervals of less than 15 minutes When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://www.yourdomain.com/include.php") use include("include.php")
8b. Files and inodes.
Customers do not have limit on file limit in our Control Panel. However having a customer with more than 250 000 inodes (files) might result of server performance issue. Therefor we will send warning to customers using over 250 000 files. If no actions are taken and files continue to grow, we reserve the right to suspend and even terminate the account.
Any account using over 50 000 files will not be included in our backup.
The most frequent reason for going over 250 000 files is the catchall email. Customers leave their catchall emails unattended and they receive huge amount of emails and never delete or sort. In such cases the best option is to disable the catchall email from the cPanel.
8c. Backup limit
Any site over 10 GB will be removed from our backup.
8d. Disk usage for plans with unlimited storage are not limited as long as the space is used for the website. Webside is considered the following:
PHP files - no limit
HTML files - no limit
css files - no limit
cgi files - no limit
archives (such as, but not limited to: zip, rar, tar and so on), movies (such as, but not limited to: mkv, avi, mpeg and os on), pictures (such as, but not limited to: jpg, gif, png and so on) - maximum 40% of the current disk usage.
The storage on our servers is strictly for web hosting. Backuping your PC/laptop on our servers is not allowed. Using it as storage device, free hosting and image hosting is not allowed as well.
All files that can not be accessed from the main menu (or submenu, linked from the main menu) on your site - are considered as not part of your site. As such - they are consiedered as unfair storage usage (using our service for storage device).
In the event where particular site is breaking this point - ZestServers staff will delete such content from the customers files at any time without prior notice.
9. Bandwidth usage
Customers are limited in their bandwidth usage by their plan. Reaching the limit of their monthly bandwidth will result of suspension of the account. In order to be activated again the customer will have either to purchase additional bandwidth or upgrade to a bigger plan, which includes more bandwidth.
Sites using more than 50% of their current monthly bandwidth for transfers of binary files (such as video, mp3, audio, images files) are not allowed. These sites must understand that this is web hosting service, not file sharing service. Such customers will be notified and might be suspended if no actions are taken.
10. Uptime guarantee.
We provide 99.9% uptime guarantee. If your physical downtime is more than 0.1% than your account may receive one month of credit on your account. Approval of the credit is at the discretion of ZestServers dependent upon justification provided. Third party monitoring systems will not be considered as accurate as there are number of factors that might report false results due to factors such as routing issues, traffic and so on.
11. Reseller accounts
Customers reselling our service using reseller accounts are responsible for the content of their clients. In case their clients do not follow our terms and conditions - the abusive customer will be terminated or suspended and the reseller will be notified. In case of repeating abusive actions from customers of this reseller - ZestServers might eventually suspend/terminate the reseller account. The reseller agrees to be responsible for the content of his customers.
12. Indemnification
Customer agrees that it shall defend, indemnify, save and hold ZestServers harmless from any and all demands, costs and claims, liabilities, losses, including reasonable attorney's fees asserted against ZestServers, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ZestServers against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ZestServers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ZestServers's server.
13. Disclaimer
ZestServers shall not be responsible for any damages your business may suffer. We do not make any warranties for the service we provide.
14. Disclosure to law enforcement
ZestServers may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
15. Changes to the TOS
ZestServers reserves the right to revise its policies at any time