Zipium Web Services Terms of Service.

Zipium Web Services reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. Zipium Web Services strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other Zipium Web Services customers and us against such harm.

Payment Policies, Fees, Refunds and Terms of Agreement:
Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due on the renewal date of your hosting plan following the date the account was established. Billing will continue until you cancel your hosting account. You may cancel at anytime. As a policy, we do not offer credits or refunds for hosting time already expended.

This only applies to cancellation by the client. If cancellation is done by Zipium Web Services due to restrictions violation, there will be no refund. Zipium Web Services will only allow for the discount if cancellation is not the fault of the client, as determined by Zipium Web Services. All monetary transactions are in $CAD dollars. Additional features can be added at any time. Monthly feature prices are not prorated. Zipium Web Services reserves the right to change prices at any time.

Zipium Web Services does not collect credit card information on our servers. Once you complete our order form you will be transferred to a secure server located with our merchant processor Internet Secure. While using their secure website you will be asked for your credit card information. Your credit card statement will show a charge descriptor of “Zipium Web Services via Internet Secure”.

Account Cancellation:
You may cancel at anytime. To cancel your account, please submit a support ticket at https://secure.zipium.com

Indemnification Policy:
You agree to use all Zipium Web Services services and facilities at your own risk. Zipium Web Services specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Zipium Web Services be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Zipium Web Services harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Zipium Web Services, 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, it’s agents, employees or assigns.

Customer agrees to defend, indemnify and hold harmless Zipium Web Services against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Zipium Web Services’ server;
- Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
- Copyright infringement
- Any defective products sold to customer from Zipium Web Services' server.

Zipium Web Services shall be the sole judge of what violates this Policy.

Server abuse policy:
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server.

No mass email marketing or free email businesses allowed!!
We do not allow mass email marketing sites on our servers. It doesn't matter if it's option-in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance.

SPAM Policy:
Zipium Web Services is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Zipium Web Services network, by customers or any other users of the Zipium Web Services network (including customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Zipium Web Services server.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a Zipium Web Services email address or web site URL is prohibited. The use of Zipium Web Services servers as a mail drop for responses to activities described above is also prohibited.
If your main domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses.

No Free accounts allowed:
We expressly forbid our customers from setting up Free Trial accounts. We also forbid the use of our resources to supply free hosting or free email services. These Free Trials and free accounts [subdomain or otherwise] open up the servers to severe abuse from hackers and spammers. If we find a reseller who is offering Free Trial accounts, or free hosting, we will suspend that account and domain. We take this very seriously and there are no exceptions to this rule.

Content Policy:
All services provided by Zipium Web Services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Federal, Provincial/State or City/Town law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Zipium Web Services from any claims resulting from the use of the service which damages the subscriber or any other party.

Pornography is prohibited on all Zipium Web Services servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Zipium Web Services will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Zipium Web Services servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:
- Pirated software.
- Hacker programs or archives.
- Warez sites.
- Online gambling.

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down.

Zipium Web Services will be the sole arbiter as to what constitutes a violation of this provision.

SSH Policy:
Zipium Web Services enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended.

CGI Scripts Policy:
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, [as long as they are not on our banned script's list] however we reserve the right to disable any CGI script that affects normal server operation or service to other Zipium Web Services customers. You will be notified in 24 hours about offending cgi script.
Zipium Web Services is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.

Zipium Web Services provides technical support for the Server & Server related softwares. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by Zipium Web Services.

Traffic Policy:
Zipium Web Services allows for very generous traffic, and most sites never exceed 500MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. Zipium Web Services’ customers are discouraged from storing any files that cause excessive traffic on Zipium Web Services’ servers. Please contact Zipium Web Services Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits.

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Zipium Web Services or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Backups:
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content any information.

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of Zipium Web Services, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Zipium Web Services will attempt to recover the data from the most recent archive for a $75.00 fee.

Support Policy:
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. If you have any questions please submit a support ticket by logging into your account at https://secure.zipium.com

Zipium Web Services reserves the right to amend our Terms and Conditions at any time and without notice.