Terms and Conditions
In this Agreement the following words and expressions shall have the following meanings:
Any service interruption in the availability to visitors of the Website.
1.1.2 "Intellectual Property Rights"
Is any patents, trade marks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country.
1.1.3 "Zebra Internet"
Means Zebra Internet LTD
1.1.4 "IP Address"
internet protocol address which is the numeric address for the server.
Internet Service Provider
Is the computer server equipment operated by Zebra Internet in connection with the provision of the Services
means web hosting, domain name registration, email and any other services or facilities provided by Zebra Internet.
The sending of unsolicited and/or bulk emails.
A computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user's files or creates a nuisance or annoyance to the user and includes without limitation computer programs. Commonly referred to as "worms" or "trojan horses".
A third party who has accessed the Website.
Product specifications and details may be found at http://www.zebrainternet.com/hosting/compare
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this agreement.
Zebra Internet provides web hosting services and has agreed to host the Customer's data upon the following terms and conditions.
Zebra Internet shall provide to the Customer the Services specified in their order subject to the following terms and conditions.
The Customer shall deliver to Zebra Internet the website and the software used in the website which is owned by the Customer, or licensed to him by a third party or Zebra Internet ("the Customer Software), in a format specified by Zebra Internet.
4 Charges, Payment and Money-Back Gurantee
Payment methods include credit cards (including MasterCard and Visa), debit cards (including Switch/Maestro), direct debits and PayPal.
Zebra Internet do not accept cheques, bank transfers, postal orders, cash or any other form of payment other than those outlined in section 4.1
The Charges are exclusive of VAT, which if payable shall be paid by the Customer.
Zebra Internet shall be entitled to charge interest in respect of late payment of any sum due under this Agreement, which shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 8% per annum above the base rate of the Bank of England from time to time in force.
Zebra Internet do not provide credit facilities.
From time to time Zebra Internet may make enquiries on the Customers company, proprietor or directors of the Customers company with credit reference agencies. These agencies may record that a search has been made and share this information with other businesses.
Zebra Internet provide "Money-Back Guarantees" on certain products. Should your product qualify for this guarantee please raise a support ticket at http://zebrainternet.com within 30 days of placing your order for a full refund. This guarantee excludes domain names, virtual private servers, dedicated servers and SSL certificates which may not be cancelled once ordered. Customers are limited to using the money-back guarantee once.
Customers are limited to using the money-back guarantee once. Should Zebra Internet have any reason to believe an individual is abusing the scheme, they have full rights to refuse any refunds.
On using any discount code or coupon, including but not limited to marketing scheme discounts and student discounts, you void the Money-Back Guarantee for any services discounted.
Services which qualify for the Money-Back Guarantee and are renewed on a monthly basis must be cancelled at least 72 hours before the renewal date.
Pro-rata refunds will not be issued for yearly services that are cancelled before then end of the year.
Should your chosen payment method fail Zebra Internet will attempt to settle your invoice using any other payment facilities available on your account.
All services will renew until cancelled by the customer. Zebra Internet emails the customers primary email address prior to renewal of services, it is the customers responsibility to cancel services prior to renewal as no refund can be made once renewal has occurred. Customers must notify us at least 72 hours before a service is renewed if they wish to cancel that service and should do so by informing us via support ticket in their account (http://www.zebrainternet.com/contact-support
). The cancellation process must be fully completed by you before your account is cancelled.
As part of our cancellation process, we will respond to you via our support ticket system to confirm your cancellation request. You must re-confirm your cancellation request via our support ticket system or we will continue to supply the hosting service and your cancellation under clause 4.10 will be ineffective.
If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Protection (Distance Selling) Regulations 2000 allow you to cancel the Contract at any time within seven (7) working days, beginning on the day after you received the Acceptance Confirmation. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Protection (Distance Selling) Regulations 2000. This provision does not otherwise affect your statutory rights.
5 IP Addresses
Zebra Internet shall maintain control and ownership of the IP address that is assigned to the Customer as part of the Services and reserves the right in its sole discretion to change or remove any and all IP addresses.
Where Zebra Internet changes or removes any IP address it shall use its reasonable endeavours to avoid any disruption to the Customer.
6 Software Licence and Rights
If the Customer requires use of software owned by or licensed to Zebra Internet ("Zebra Internet's software") in order to use the Services, Zebra Internet grants to the Customer and its employees, agents and third party consultants and contractors, a royalty-free, world-wide, non-transferable, non-exclusive licence to use Zebra Internet Software in object code form only, in accordance with the terms of this Agreement. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in Zebra Internet Software.
In relation to Zebra Internet's obligations under this Agreement in connection with the provision of the Services, the Customer grants to Zebra Internet a royalty-free, world-wide, non-exclusive licence to use the Customer Software and all text, graphics, logos, photographs, images, moving images, sound, illustrations and other material and related documentation featured, displayed or used in or in relation to the website ("the Content"). For the avoidance of doubt, this Agreement does not transfer or grant to Zebra Internet any right, title, interest or intellectual property rights in the Customer Software or the Content.
The Customer undertakes that he will not himself or through any third party, sell, lease, license or sublicense Zebra Internet Software.
Zebra Internet may make such copies of the Customer Content as may be necessary to perform its obligations under this Agreement, including back up copies of the Content. Upon termination or expiration of this Agreement, Zebra Internet shall destroy all such copies of the Content and other materials provided by the Customer as and when requested by the Customer.
7 Service Levels and Backup
Zebra Internet shall use its reasonable endeavours to make the server and the Services available to the Customer 100% of the time but because the Services are provided by means of computer and telecommunications systems, Zebra Internet makes no warranties or representations that the Service will be uninterrupted or error-free and Zebra Internet shall not, in any event, be liable for interruptions of Service or downtime of the server.
Zebra Internet carries out data backups for use by Zebra Internet in the event of systems failure. Zebra Internet do not provide data restoration facilities for individual customers. Even though every effort is made to ensure data is backed up correctly Zebra Internet accepts no responsibility for data loss or corruption.
8 Acceptable Use Policy
Our Full Acceptable Usage Policy can be found at http://zebrainternet.com/terms/acceptable-use-policy.php
The website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:
Use the Services or the website in any way to send unsolicited commercial email or "spam", or any similar abuse of the Services;
Send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
Publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights (for the avoidance of doubt this includes licensed software distributed as Warez), via the Services or on the Website;
Threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
Engage in illegal or unlawful activities through the Services or via the Website;
Make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data;
Obtain or attempt to obtain access, through whatever means, to areas of Zebra Internet's network or the Services which are identified as restricted or confidential. This includes leaving your home directory whilst using SSH access to servers.
Operate or attempt to operate IRC bots or other permanent server processes
The Customer has full responsibility for the content of the Website. For the avoidance of doubt, Zebra Internet is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.
If the Customer fails to comply with the Acceptable Use Policy outlined in Clause 8.1, Zebra Internet shall be entitled to withdraw the Services and terminate the Customer's account without notice.
9 Alterations and Updates
All alterations and updates to the website shall be made by the Customer using the online account management facility, FTP access or SSH access where available. The Customer will be issued with a user name and password in order to access the account. The Customer must take all reasonable steps to maintain the confidentiality of this user name and password. If the Customer reasonably believes that this information has become known to any unauthorised person, the Customer agrees to immediately inform Zebra Internet and the password will be changed.
The Customer warrants and represents to Zebra Internet that Zebra Internet's use of the Content or the Customer Software in accordance with this Agreement will not infringe the intellectual property rights of any third party and that the Customer has the authority to license the Content and the Customer Software to Zebra Internet as set out in Clause 6.2.
All conditions, terms, representations and warranties that are not expressly stated in this Agreement, whether oral or in writing or whether imposed by statute or operation of law or otherwise, including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded. In particular and without prejudice to that generality, Zebra Internet shall not be liable to the Customer as a result of any viruses introduced or passed on to the Customer.
The Customer agrees to indemnify and hold Zebra Internet and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Zebra Internet arising out of any breach by the Customer of the terms of this Agreement or other liabilities arising out of or relating to the Website.
12 Limitation of Liability
Nothing in these terms and conditions shall exclude or limit Zebra Internet's liability for death or personal injury resulting from Zebra Internet's negligence or that of its employees, agents or sub-contractors.
The entire liability of Zebra Internet to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
The Customer warrants that any content on their services is their own or licensed and Zebra Internet holds no liabilities in this.
In no event shall Zebra Internet be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Zebra Internet had been made aware of the possibility of the Customer incurring such a loss.
13 Term and Termination
This Agreement will become effective on the date the service is ordered and shall continue until terminated by either party in writing of its intention to terminate the Agreement.
Zebra Internet shall have the right to terminate this Agreement with immediate effect by notice in writing to the Customer if the Customer fails to make any payment when it becomes due.
Either party may terminate this Agreement forthwith by notice in writing to the other if:
The other party commits a material breach of this Agreement and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so;
The other party commits a material breach of this Agreement which cannot be remedied under any circumstances.
The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
The other party ceases to carry on its business or substantially the whole of its business.
the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
Any rights to terminate this Agreement shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of this Agreement as at the date of termination.
On termination all data held in the customers account will be deleted.
Zebra Internet may assign or otherwise transfer this Agreement at any time.
The Customer may not assign or otherwise transfer this Agreement or any part of it without Zebra Internet's prior written consent.
15 Force Majeure
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served 2 days following the date of posting.
18 Entire Agreement
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
19 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
20 Domain Name Registration
Domain names are not deemed to be successfully registered until they appear in the relevant whois database of the top level domain name registrar. In the event that a domain name is unavailable when we attempt to register it Zebra Internet will provide a full refund for that domain name.
By registering a domain name ending in .uk (with some very limited exceptions), you enter into a contract of registration with Nominet UK on the conditions found at http://www.nominet.org.uk/go/terms
, which includes conditions limiting their liability and relating to their use of your personal information. This contract is just for the domain name and is subject to the registration of a .uk domain name.
Zebra Internet are not responsible for customer programming issues other than ensuring that programming languages such as Perl, PHP and ASP are installed and functioning on the web hosting system.
To protect your privacy we will not distribute your details to third parties, unless required to do so by law.
All sensitive information Zebra Internet recieves, is treat in complete confidentiality and in accordance with The Data Protection Act 1998
23 Data Transfer
Web hosting accounts include a certain amount of data transfer, if you exceed this amount in any one month your account will be deactivated until you have upgraded to an account that has more data transfer included.
Web hosting accounts are prohibited from hosting file distribution websites (including but not limited to music, video and software), adult content orientated websites, hosting banners, graphics or cgi scripts for other websites, storing pages, files or data as a repository for other websites or personal computers, giving away web space under a domain, sub domain or directory.
24 Server Usage
Should your account use more than 5% of the servers processing power and as a result have a detrimental effect on other customers we will discuss with you alternative solutions for your hosting requirements.
25 Affiliate Program
Commission earned via the affiliate programme will only be paid by using a valid direct debit/credit mandate on your account. It is the customers responsibility to ensure they have this facility. In the event of the customer not being able to obtain this facility then no commission will be paid.
26 Email Newsletter
Zebra Internet communicates with it's customers via email and as such you agree to receive by email our regular newsletter which contains amongst other things changes to our terms and conditions, notification of major outages, updates to our products & features and special offers.
27 Unlimited Web Space
Unlimited web space is available for genuine web site content, content must be linked into web pages. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account.
28 Mail Boxes
Mail boxes not accessed for 100 days or more will be deleted from the system.
29 Website Templates
One time usage license - You may be granted a One Time Usage License in case of purchasing a website template at a Non-Unique Price. It enables you to use each individual product on a single website only. You have to purchase the same template again if you to use the same design in connection with another or other projects.
All imagery, clipart, fonts and video footages used in our products are royalty-free and are the integral part of our products. One Time Usage Licenses give you the right to use images, clipart, fonts and video footages only as a part of the website you build using your template. You can use imagery, clipart, fonts and video footages to develop one project only. Any kind of separate usage or distribution is strictly prohibited. All images and illustrations used in templates come in a single layer, as is.
You are authorized to make necessary modification(s) to our products to fit your purposes.
You shall not place any of our products, modified or unmodified, on a diskette, CD, other website or any other medium. You also shall not offer them for redistribution or resale of any kind.
Since Zebra Internet is offering non-tangible, irrevocable goods, we do not issue refunds on templates after the product is shipped, which you acknowledge prior to purchasing any product at our site.
You do not claim intellectual property right or exclusive ownership to any of our products, modified or unmodified. All products are property of independent content providers. Our products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.
30 Student Discount
With use of the student discount code, ("studentedu
"), customers can receive 10% discount off advertised prices of any web hosting package. The discount applies only to the first transaction of any web hosting package sale and renewals will be charged at full-price. The discount code is limited to a one-time usage for any qualifying customer.
To qualify for usage of the student discount code, customers must use the code at checkout with a registered account which has the primary email address of a .edu, .ac or .sch extension.
Should customers use the discount codes with an account with no qualifying email address, Zebra Internet may ask for proof of student status. Should the customer not be able provide evidence, Zebra Internet are given the right to withdraw all discounted services from the customer or settle the discounted difference with the customer.
Discount codes are not allowed to be used in conjunction with any other discount code.
As mentioned in clause 4.7.2, on using any discount code or coupon, including but not limited to marketing scheme discounts and student discounts, you void the Money-Back Guarantee for any services discounted.
If a problem has arisen with regard to the services or your registered account, you can access support through our support ticket system http://zebrainternet.com/contact-support
twenty-four (24) hours a day, seven (7) days a week.
Our support team will help resolve any problems you have with the services you are receiving. We will not provide programming support to you, but, as part of our hosting services, our servers are compatible with many programming languages.