UNIVERSAL TERMS AND CONDITIONS

1. OVERVIEW

The Universal Terms of Service Agreement (this "Agreement") is entered into by and between Zohoster.com, a private limited company ("Zohoster Technologies Private Limited") and you, and comes into effect as of the date of your use of this website (Zohoster.com) or the date of electronic acceptance. The Agreement sets forth the general Terms & Conditions (T&C) underlying your use of the site, its products, and services purchased or accessed through the web portal (Zohoster.com), also referred to as (individually or collectively) "Services". Service level agreements and certain other policies that are in addition to this agreement and apply to a specific group of services and products do not fall under the scope of this Agreement. However, in case of a conflict between the provisions of a certain service level agreement and the provisions of this Agreement, the provisions of the applicable service level agreement underlying the use of a specific service under consideration shall prevail. The terms "we", "us", "our", "site" shall refer to Zohoster.com and its subsidiaries. The terms "you", "your", "user", "customer", "visitor", shall refer to any individual or entity who accepts the following Agreement, accesses our website, client area or uses our products, services, and similar technologies. No clause in this Agreement shall be deemed to take into consideration any third-party rights, claims or associated benefits.

2. CHANGE AND MODIFICATIONS OF AGREEMENT, T&C, WEBSITE, PRODUCTS OR SERVICES

Zohoster.com ("Zohoster"), in its sole and complete discretion may modify, change, or completely replace this Agreement and associated policies or terms and conditions which are documented herein, at any time without prior notification, and such modifications and changes shall immediately become effective upon updating them on to this Site. Your continuity of use of this Site, its products, services, and any other technologies after such changes and alterations have come into effect shall imply your acceptance of the updated terms and conditions of this Agreement as last revised. If you do not wish to agree to the terms and conditions and policies listed in this Agreement or do not wish to be bound by the Agreement as last revised, do not use (or continue to use) this Site, its Products and Services or any Technology which falls under the ownership of this Site. Zohoster is not liable or responsible of notifying you about any amendments made in this agreement via email, telephone or fax. However, on certain occasions you may receive an email underlying any changes made to this Agreement if deemed necessary. Hence its your utmost responsibility to keep your account details ("Account") information up to date and have your latest email on file. Zohoster is not liable or responsible for your failure to receive any email notifications due to bad email addresses that do not exist or have been outdated. Further to this Zohoster assumes no liability or responsibility for your failure to receive any email notification resulting from a bad IP on our network, emails landing in SPAM or completely failing due to a soft bounce. In addition to this Zohoster may terminate your use of this Site, Products, and Services in case you violate or breach any of the following terms and conditions of this Agreement. ZOHOSTER RESERVES THE RIGHT TO MODIFY, CHANGE, ALTER, DISCONTINUE ANY PART OF THIS SITE, ITS SERVICES, PRODUCTS, AGREEMENT OR ITS OPERATIONS WITHOUT PRIOR NOTIFICATION. In case such an event occurs, Zohoster assumes no responsibility of any damages, loss of business, sales and revenue resulting from a shutdown of our Services.

3. ELIGIBILITY; AUTHORITY

This Site and its Services are strictly available to individuals ("Users") who are authorized to form legally binding contracts under applicable laws in their respective region. By using this Site, its Services and Products, you ("User") hereby confirm that you are (i) at least eighteen (18) years of age, (ii) are authorized to make and form legally binding contacts with Zohoster under the applicable laws of your region, (iii) are not an individual, business entity or anyone barred from purchasing Services or Products offered by this ("Site") under the laws of the United Kingdom (UK) , United States (USA) and European Union (EU) or other applicable jurisdiction.

In case you are entering into this Agreement on behalf of a corporate entity or any business you represent, you hereby acknowledge that you have the legal authority and the legal right to do so, and are an authorized representative to bind into any Agreement with Zohoster on behalf of the corporate entity, and under such scenario the terms "You", "Your", "User", "Customer" or "Visitor" shall refer to the corporate entity or the business on behalf of which you are entering into this Agreement. If, after the acceptance of this electronic Agreement, Zohoster finds out that you do not have the legal authority to bind into an Agreement on behalf of the corporate entity or a business, you will be solely responsible for any obligations and outcomes contained in this Agreement, including, but not limited to, the payment obligations of this Agreement. Zohoster claims no liability, and shall not be held responsible for any loss and damages from Zohoster's dependence on any documents, instructions, notice, or communication at first believed by Zohoster to be honest, genuine and coming from a lawful representative of a business entity. In case there is any doubt about the legitimacy of documents, notice, instructions or communication received by you, Zohoster reserves the right (but undertakes no responsibility) to require additional verification, documents or legal certificates in order to authenticate and validate the legitimacy of your ownership, or any claims made by you to represent a business entity. You further agree to be bound by the terms and conditions listed in this Agreement on behalf of anyone acting as your representative, or any individual who uses your account, Services and Products offered by Zohoster, whether or not authorized by you to do so.

4. YOUR ACCOUNT

In order to use our products, services, applications and similar technologies you will first be required to create a new Account from the Client Area. By creating a client Account on Zohoster you guarantee that you will provide accurate and complete information to Zohoster and further maintain your credentials up to date. You also warrant Zohoster that you will be exclusively responsible for keeping your account information safe and secure. If Zohoster finds out a particular reason that causes suspicion underlying your Account information, or if it is revealed to us that the information you have provided is not accurate, true or to the best of your knowledge, out of date, incomplete and misleading, Zohoster reserves the right, in its absolute discretion to suspend your services, products, and similar technologies or completely remove your account without prior notification. You will be solely responsible for monitoring all Account activity, whether it is authorized by you, or any individual you have given Account access to. You will also be responsible for keeping your Account information secure, which includes your login, email address, password, and any payment details used to pay for products and services at Zohoster.com. For security purposes Zohoster recommends you to change your Account credentials every three (3) months. In case of any unauthorized activity, security breach or unusual action that occurs in your account, you are due to inform Zohoster at its earliest convenience. Zohoster by no means will be responsible for any unauthorized activity associated with the use of your account, or be liable for any loss during the period of unauthorized activity. However, you will be completely responsible for any loss to Zohoster in case of any unusual activity, security breach or unlawful action which occurs from any unauthorized use of your account, either by you, or your appointed representative authorized to access your client Account.

5. GENERAL RULES OF CONDUCT

By accepting this agreement, you acknowledge and agree that you shall abide by the General Rules of Conduct which are stated below:

• Your use of this Site, its Products, Services, and similar technologies including any content submitted by you, or on behalf of your authorized representatives must comply with this Agreement, any Services Agreement, Products Agreement, and any local, national, state level, and international laws, rules and regulations.

• You will not promote any illegal, unauthorized activity which includes but not limited to collecting or harvesting (or allowing any third party to collect or harvest) any User Information, user content, email addresses, phone numbers, or any public or personal information about any other User or business entity without their written consent and authorization from Zohoster.

• You will not promote, encourage or engage into any content related to pornography of all types.

• You will not promote, encourage or engage into any content which promotes violence, terrorist activities, or harm animal rights.

• You will not engage into any activity which is considered SPAM in nature, primarily unsolicited bulk email activity, or promote any material to users via email using our hosting plans, unless they have subscribed to your services and have given you their prior consent to be contacted by you or your authorized representative.

• You will not promote, encourage or engage into any email spam using our email marketing plans. All plans require the use of opt-in lists for sending emails. Opt-in lists include individuals and subscribers who have shown interest in your product offerings, services or promotions, have subscribed to your services in order to receive marketing, transactional and promotional emails, and have given their consent to be contacted by you, or your business entity. If Zohoster receives any abuse or SPAM complaint from any ISP/ESP, or finds out that you are engaged in email spam, Zohoster in its absolute discretion will immediately terminate your email marketing plan. In case such a situation occurs, you will be solely responsible for any loss of business and funds paid for email marketing plans along with the disconnection of your email marketing server. Zohoster will not entertain any refunds originating from the use of email marketing services which are categorized as SPAM in nature.

• You will not violate any Pharmacy Consumer Protection Acts by engaging into any activity such as to promote, distribute or sell medications and pharmacy drugs without a valid prescription by an authorized GP (General Practitioner), doctor, clinic or a hospital.

• Engage into any activity the violates human rights and similar legislations such as human trafficking, sex trafficking and prostitution.

• You will not engage into any activity that trespasses on the intellectual property rights of other Users, any individual or business entity.

• You will not violate privacy and publicity rights of another User, any individual or business entity.

• You will not breach any confidentiality agreement that you hold with another User, any individual, third-party partners, or any business entity with the use of Zohoster Products, Services and similar technologies.

• You will not interfere, alter or misuse this Site, cause harm to Site operations, any Services, Products and similar technologies owned by Zohoster and its partners.

• You will not install any viruses, trojans, worms, bugs or malicious code files that have the ability to damage any software or hardware owned by Zohoster or its partners.

• You will be responsible for keeping your websites secure from any viruses, trojans, and worms that might influence the proper functioning of your website, products and associated services. Zohoster claims no responsibility in keeping your sites secure from any viruses and similar harmful content. You will be solely responsible for monitoring your site activity by keeping your plugins, modules, scripting language and similar services and technologies up to date.

• You will not promote any deceptive claims on behalf of Zohoster which unless you are authorized to do so and have prior written consent to promote our Products, Services and similar technologies available for promotions by our affiliates.

• You will not copy, distribute or use any text, images, illustrations, information and any content found on this Site unless and except if previously authorized by Zohoster through written consent.

• You will be solely responsible for backing up all your websites, user content, files, and databases to be used in case of a Service or hardware failure. Zohoster assumes no liability of any business loss, data loss in case of a software/hardware failure, or any network downtime associated with the use of our Products, Services and similar technologies causing temporary/permanent downtime and failure.

• Zohoster provides automatic backups for your Services however doesn't warrant or guarantee availability of any such material, or undertakes any responsibility if backups cannot be produced on demand. If a certain backup for a particular date, User account, website, or dedicated products which includes Dedicated, Cloud and VPS servers cannot be produced or made available, you agree to bear the risk of all data loss.

• You will not be authorized to resell, or reproduce any part of this Site, its Products, Services for commercial purposes unless you have obtained prior written consent from Zohoster.

• You will not alter, modify or interfere with any security measurements and features deployed on this Site, its Products, and Services including features which prevent or restrict copying any of the material found on Zohoster, its User Content or engage into any activity which limits User activity or access to this Site, its Products and Services.

• You agree to provide a government issued photo identification or business identification which includes but not limited to an ID card, passport or company registration documents.

• You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

• You agree to be contacted by Zohoster to discuss any Product/Service updates, invoice and billing enquiries, domain registration and renewal updates, and any information underlying the use of your User Account, any Products or associated Services found on this Site, and you may be subject to call recording in order to improve our customer service operations for which you provide Zohoster the complete authority and consent to do so to record the complete call. You also provide Zohoster the complete authority to verify you as a Site User through automated telephone calls. You also consent to receive marketing text messages on behalf of Zohoster that may be sent by automated telephone dialing systems and bots. Zohoster in its complete discretion does not allow you as a Site User or any business entity to record any of its calls received by Zohoster and its partners.

• Zohoster in its complete discretion expresses and reserves the complete authority to cancel, terminate, suspend, or limit access to the Site, its Products and Services (including but not limited to domain name registrations and transfers) without any prior notification for any User who is found to breach our Agreement or any Zohoster terms and conditions, company policy, legal rules and regulations, state or international laws, or for any user who is considered to be engaged in any unlawful activity while using the Site, its Products and Services. In case Zohoster finds out that a particular User is in breach of its Site, or any agreements, Zohoster reserves the right to immediately cancel its Services/Products without bearing any burden to reproduce evidence of any such engagement of unlawful activity by the User.

5. AVAILABILITY OF WEBSITE, HOSTING AND SIMILAR PRODUCTS/SERVICES

Zohoster, subject to the terms and conditions listed in this Agreement and any other policies published on this site shall provide its Site, Products, Services and similar technologies twenty-four (24) hours a day, seven (7) days a week, twelve (12) months a year. You acknowledge that from time to time this Site may be inaccessible, experience downtime, or completely stop functioning due to any of the following reason, but not limited to, network downtime, hardware equipment malfunction, maintenance and upgrades, repairs or replacements of hardware of software products, network attacks, DDoS attack, any attach by a trojan, virus, malware or malicious code, network congestion, interruption or failure in a data center equipment, failure of telecommunication or digital transmission links. You agree and acknowledge that any such Service or Product downtime, and unavailability of services which include but not limited to web and dedicated hosting, websites, and similar technologies promoted on this Site is outside the control of Zohoster. Zohoster assumes no liability if it fails to provide the continual, uninterrupted availability of services or products due to any of the reasons but not limited to that have been highlighted above.

6. CONTENT MONITORING

Zohoster and its partners do not monitor any content published to a website hosted by Zohoster or to Zohoster.com by its content writers, and bloggers who participate actively in updating regular content for its customers. However, Zohoster reserves the right (but undertakes no responsibility) to do so and remove any User Content which is considered inappropriate, misleading, promotes activities considered unlawful as listed in this agreement, any Product/Service level agreements or policies at any time, without prior notification. Zohoster in its absolute discretion will halt, suspend or completely remove a User's account, files and databases hosted on Zohoster servers if it goes against any rules and regulations set herein as part of this Agreement.

7. FEES & PAYMENTS

Zohoster reserves the right to charge your primary Payment Method in three different currencies USD ($), EUR (€), and GBP (£) against the use of its Products, Services and similar technologies on purchase.

You agree to pay Zohoster using the Payment Methods available on this Site which are Direct Bank Transfer, Pay Pal Express Checkout and Credit Card Payments.

Zohoster in its absolute discretion will charge your primary Payment Method on the day your Products/Services or similar technologies are due for renewal in your preferred currency selected from User Account section of this Site. However, Zohoster reserves the right to charge you in a different currency than your preferred currency if deemed necessary for the renewal of your services, or if there seems to be a problem in charging your primary Payment Method in your desired currency.

In case you do not pay your due fees and payments on the date of renewal, Zohoster may add a late fee charge to your Products, Services and similar technologies.

In case you do not pay your due fees and payments on the date of renewal, Zohoster may add a late fee charge to your Products, Services and similar technologies.

Invoices for hosting products, software's including cPanel, DirectAdmin, and Plesk, the three types of web hosting control panel which Zohoster provides are paid at the 1st day of your renewal month for the complete year. These include cPanel software licensing costs, and costs of leasing the hosting infrastructure. All cancellations for web hosting products must be carried out at 2 weeks prior to the start of your renewal month.

All payments made to Zohoster for the renewal of Products, Services and similar technologies are non-refundable unless and otherwise stated in the Refund Policy.

Zohoster reserves the right to change fee and prices for Products, Services and similar technologies which will come into effect immediately after being posted on to this Site, without prior notification to its Users. If you have purchased any Product, Service or plans for a certain period of time in months, or years, price changes will come into effect as soon as your Product or Service is due for renewal.

Zohoster reserves the right to charge your primary Payment Method on the date of renewal without any prior notification. Your monthly billing date for recurring Products, Services will be the date of the month you purchased your subscription plan. In case your invoice is not cleared on the renewal date you will be sent the first renewal notice within the first 24 hours. The second and third renewal notices will be sent after 48-72 hours respectively, after which Zohoster reserves the right to apply late payment fee to your Products, Services and similar technologies if deemed necessary. You will be liable to pay for any late payment surcharge in case We fail to receive your payment on the due date. Renewals will be charged as per the current prices of Products and Services which might be lower or higher than the rates for the original subscription period.

Zohoster does not provide any hard copies of your invoices on request. All invoices for paid Products and Services can be accessed from the Billing section in your Client Area which are available for download in a PDF file format.

Zohoster is not responsible for any loss of Domains, Products or Services resulting from non-payments.

If your preferred currency is different than USD ($), Zohoster will use the exchange rate on the date of payment in order to convert your currency to USD ($) in order to clear your outstanding dues against use of Products and Services published on this website.

8. USER ACCOUNT CREDITS

Zohoster offers you with in-store credit balance which can then be applied to pay for your Products, and Services upon current and future purchases and recurring payments. In case your account contains a credit balance you authorize Zohoster to apply the balance to your outstanding and recurring payments against your use of Products and Services offered on this site. In case Zohoster is unable to charge your preferred Payment Method in order to resolve your outstanding balance, you authorize Zohoster to charge your in-store credit balance to cover the costs related to the use of your Products and Services.

Revised: 6/12/2019 | Copyrights © 2019 Zohoster.com. All Rights Reserved.

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