Accepting the Terms of Service
Please read our Terms of Service, Privacy Policy, Acceptable Usage Policy and Service Level Agreement before using zto-digital.com (our “Site”) any hosting services and/or dedicated servers and/or vps server and/or vds Server (all collectively with the Site and Panel, the “Services”) provided by ZTO Digital Solutions By using or accessing the Services, you agree to all the terms and conditions of our Terms of Service, Privacy Policy, Acceptable Usage Policy and Service Level Agreement; if you do not agree, you cannot use the Services.
You may not use the Services and/or provide any personal information to ZTO Digital Solutions if you are under the Minimum Age. The Minimum Age is sixteen (16) years old, or the lower age that you country has provided for you to consent to the processing of your personal data.
Illegal activities and content
All Services provided by ZTO Digital Solutions may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any world federal, province or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless ZTO Digital Solutions from any claims resulting from the use of service which damages the subscriber or any other party.
Sites that promote any illegal activity or present content that may be damaging to ZTO Digital Solutions servers, or any other server on the Internet are prohibited. Links to such material are also prohibited.
Examples of unacceptable content or links:
* Pirated software
* Hacker programs or archives
* Hate speech related activities
* Child, juvenile, animal pornography and all related activities
* Copyrighted material (ex: movies, TV shows, books, pay-per-view TV, pictures, IPTV, etc.)
NOTICE: If your account is found to contain or link to illegal activities such as described by, but not limited to these Terms of Service, ZTO Digital Solutions reserves the right to terminate your account without further notice. No refund will be made for pre-paid terms if termination occurs following infringement of these Terms of Service, or if required by law enforcement agencies.
Traffic usage
Some server plans come with a predetermined amount of traffic allowance. Overage charges may apply, and can vary from one location to the next. Please contact Technical Support for further information on those charges.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
Server abuse
Any attempt to undermine or cause harm to a server or customer of ZTO Digital Solutions is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account and all associated Services may be terminated without further notice or refund.
Refusal of service
We reserve the right to refuse, cancel or suspend Services, at our sole discretion, if we deem that these terms have been breached.
All sub-networks, distributive hosting sites and dedicated servers of ZTO Digital Solutions must adhere to the policies outlined in this Terms of Service.
Billing
By the Account Activation Date of each month, ZTO Digital Solutions shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for Services rendered for the current month.
Invoices are generated 14 days prior to the original Account Activation Date, and payment shall be remitted to ZTO Digital Solutions by no later than the specified payment due date. ZTO Digital Solutions shall be entitled to immediately terminate this agreement for client's failure to make timely payments. Credit cards can be billed automatically unless a direct request is made to our Billing team via the Panel not to do so, at least 48 hours prior to the payment due date. It is the client's responsibility to ensure that they have sufficient funds to cover all transactions. In the event of payment failure, an automated invoice reminder will continue being sent. It is the customer's responsibility to provide an alternate payment method before the due date is reached. All late payments may result in account or service suspension.
Invoices not paid before or on the due date will incur a late fee of 5% of the total amount that remains unpaid on the invoice.
Before completing any order, ZTO Digital Solutions reserves the right to change the prices for the Services offered via the website at any time, and ZTO Digital Solutions offers no price or reimbursement guarantees in case of a price reduction or promotional offer subsequent to the purchase.
Service suspension and termination
Invoices are issued 14 days prior to the applicable due date for each active service.
A warning e-mail will be sent after the due date is passed without a payment being received and an invoice being marked as PAID.
Failure to pay within 24 hours will result in an immediate suspension of your service and a suspension notification will be sent via email.
Starting at midnight (EST) of the 3rd day after the due date, unpaid services will be terminated.
ZTO Digital Solutions does not guarantee that your service may be recuperated after termination and may not be held liable for loss of data, licensing rights, promotional prices or conditions, as well as any attached devices or secondary IP addresses following service termination.
Service fees
Certain services carry a setup fee charged by ZTO Digital Solutions to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to ZTO Digital Solutions and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.
Fraud and payment verification
Upon receiving a new customer's first paid order, ZTO Digital Solutions reserves the right to issue an Order Verification e-mail, requesting further information in order to validate your account. Until all required information is provided and deemed satisfactory by our fraud verification team, no services or support can be provided. The 3 business day delivery time starts after the verification step is passed. Verification is not necessary for all orders, and may be requested again any time you change your payment method.
No Refund Policy
The Client expressly acknowledges and agrees that all payments made for hosting services, servers, virtual private servers (VPS), dedicated servers, domain registrations, licenses, and any other digital services provided by the Company are non-refundable, whether in whole or in part, once the service has been activated or provisioned.
This policy applies without limitation to the following cases:
* Failure or refusal of the Client to use the service after activation.
* Voluntary cancellation of the service for any reason.
* Suspension or termination of the service due to violation of the Terms of Service.
* Service interruptions caused by third-party providers, force majeure events, or technical upgrades.
* Abuse, misuse, or any illegal activity conducted by the Client.
The Client understands that hosting and server services are digital, instantly provisioned services, and therefore the right to a refund is automatically waived upon service activation.
Under no circumstances shall the Company be obligated to refund any fees paid, regardless of whether the service has been used or not. Completion of payment constitutes full and irrevocable acceptance of this policy.
* Notice: The Company reserves the right to amend this policy at any time without prior notice. Clients are responsible for reviewing the Terms and Conditions periodically.
About datacenter locations
While most of our announced locations are where the datacenters are, ZTO Digital Solutions reserves the right to setup a server in a location nearby (in the same country), generally just outside of the city boundaries. You may obtain the exact datacenter location upfront by contacting our support team.
Account deactivations
Any account deactivated due to non-payment will require a reactivation fee of $25.00 prior to reactivation.
Refusal of service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of liability
ZTO Digital Solutions' shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ZTO Digital Solutions' servers going off-line or being unavailable for any reason whatsoever. Furthermore, ZTO Digital Solutions' shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ZTO Digital Solutions' servers. All damages shall be limited to the immediate termination of service.
Violations
Violations of these Acceptable Use Policies should be forwarded to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation or termination.
Disclaimer
As our hosting services are solely self-managed, the customer is fully responsible for data backup. ZTO Digital Solutions cannot be held liable for system down times, network or hardware failures or data loss, nor can ZTO Digital Solutions be held accountable for any loss on projected income due to system down times, network or hardware failures or data loss. Certain services provided by ZTO Digital Solutions are resold. Thus, certain equipment, routing, software and programming provided by ZTO Digital Solutions are not directly owned or written by ZTO Digital Solutions. Moreover, ZTO Digital Solutions holds no responsibility for the use of our client accounts. Failure to comply with any terms or conditions may result in the automatic deactivation or termination of the responsible account. We reserve the right to remove any account, without advance notice for any reason without restitution, as ZTO Digital Solutions sees fit.
Account activation
By activating your account with ZTO Digital Solutions, you agree to the above policies and conditions. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
Server uptime guarantee
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with ZTO Digital Solutions at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - ZTO Digital Solutions endeavors to have the content of YOUR website available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from ZTO Digital Solutions to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Your Company's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the ZTO Digital Solutions NOC.
ZTO Digital Solutions's administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the ZTO Digital Solutions network.
(3a.) SHARED HOSTING CREDITS - In the event that YOUR website is unavailable for less than 100%, ZTO Digital Solutions will credit the following month's service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
- 95% to 99.9% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
- scheduled maintenance as posted from time to time at ZTO Digital Solutions,
- your behavior or the performance or failure of your equipment, facilities or applications,
- circumstances beyond Your Company's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
- YOU breaking any agreement policy in ZTO Digital Solutions's 'Terms & Conditions and AUP' causing a machine to fail as a result.
