TERMINOLOGY OF THESE CONDITIONS

This agreement is between the account holder only (hereafter referred to as the Customer) and Zooko Limited (hereafter referred to as Zooko).

All references to "account" refer to the Customer's hosting account as supplied by Zooko unless otherwise stated.

TERMS AND CONDITIONS OF SERVICE AGREEMENT

By accepting these Terms and Conditions the Customer agrees to subscribe to the Zooko Service for a minimum of 1 year for any Zooko hosting Package. Zooko does not define "downtime" to include any scheduled network or system maintenance. Zooko is obligated to give 24 hours notice for all planned maintenance. Zooko provides World Wide Web page hosting. Zooko reserves the right to suspend or cancel a Customer's access to any or all services provided by Zooko when Zooko decides that the account has been inappropriately used or otherwise (this includes the suspension due to investigation or suspicion of breaching these terms). Should an account be cancelled by Zooko it will be up to Zooko to decide if any proportion of that billing cycle payment is to be refunded.

SERVER USE

Personal accounts are to be used by the Customer only. Customers are not permitted to resell, store or give away web-hosting services of their website to other parties. This is defined as allowing a separate, third party to host content on the Customer's web site. Exceptions to this include ad banners, classified ads, and personal ads.

WEBSITE CONTENT AND USAGE POLICY

Zooko does not allow any of the following content to be stored on Zooko servers:

• Illegal Material - This includes (but is not restricted to) commercial audio, video, or music files, any material in violation of any Federal, State or Local regulation and any copyrighted works. It is the responsibility of the Customer to provide evidence of entitlement to use copyrighted material on their account.
• Warez - This includes (but is not restricted to) pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc, and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
• Unacceptable file types - Zooko does not allow the upload of .bkf, or .exe files to its server space by its customers. Any site found to be hosting such file types will be terminated without refund.
• Zooko does not offer a service for storing information, backups, files or other material outside of a website context. All files within a domain must be part of the active website and linked to the site. It is a violation of this agreement if a Customer uses this account as merely an image, sound or file library. Hence Zooko's service is not suitable for download or FTP sites; sites found to be using their web space for this purpose will have the content removed by Zooko technicians or may be permanently removed from Zooko servers without prior notice.
• Sites must NOT predominantly contain binary files such as images, video and sound (i.e MP3, RA, WAV, GIF, JPG but not limited to those file extensions) as these do not represent active web based content. These files may only account for a maximum of forty percent (40%) of a sites total bandwidth usage before the Customer must discuss an alternative solution with Zooko otherwise Zooko reserves the right to impose the High Resource User Policy.
• Special note: streamed media
  Due to the increased resource requirements of streamed media, Zooko is unable to support sites that solely or predominantly use their allocated resources for streaming media files.
• Websites found to be streaming media which detrimentally affects server performance will be suspended immediately. The Customer will receive notification of this action and advised of any further required action.
• Any files exceeding 100MB in size may only be uploaded to Zooko servers by prior arrangement. Customers wishing to upload files greater than 100MB in size must contact Zooko to explain the purpose of the file and its intended use.
• Failure to do so will result in the deletion of the file from Zooko servers.
• Customers should be aware that files can be removed at any time when a domain is under Abuse Investigation or during routine server maintenance.

RESOURCE POLICY

Resources are primarily defined as bandwidth and/or disk space and/or processor utilization (but others are included in this category).

BASIC PACKAGE

Zooko allows the consumption of 3GB of disk space and a monthly bandwidth allowance of 3GB per web hosting account in accordance with the WEBSITE CONTENT AND USAGE POLICY. In the event that a Customer is found to be exceeding these limits, and/or not adhering to the WEBSITE CONTENT AND USAGE POLICY and/or monopolizing processor utilization, Zooko reserves the right to impose the High Resource User Policy for the consideration of all Customers.

INTERMEDIATE PACKAGE

Zooko allows the consumption of 5GB of disk space and a monthly bandwidth allowance of 5GB per web hosting account in accordance with the WEBSITE CONTENT AND USAGE POLICY. In the event that a Customer is found to be exceeding these limits, and/or not adhering to the WEBSITE CONTENT AND USAGE POLICY and/or monopolizing processor utilization, Zooko reserves the right to impose the High Resource User Policy for the consideration of all Customers.

PREMIUM PACKAGE

Zooko allows the consumption of 20GB of disk space and a monthly bandwidth allowance of 20GB per web hosting account in accordance with the WEBSITE CONTENT AND USAGE POLICY. In the event that a Customer is found to be exceeding these limits, and/or not adhering to the WEBSITE CONTENT AND USAGE POLICY and/or monopolizing processor utilization, Zooko reserves the right to impose the High Resource User Policy for the consideration of all Customers.

RESELLER PACKAGES

All Zooko terms apply to reseller hosting packages. The reseller remains responsible for the management and control of data it hosts. The reseller must act within the boundries set out by Zooko. Should any terms be breached by teh reseller or in-directly by a resold hosting account then it is the responsibility of the reseller to interface directly with the resold account holder to rectify the issue but action may be required by the reseller to take the necessary action to stop teh reseller account being suspended/terminated. Zook permits overselling on its reseller accounts but its actual utilisation must be within the boundries of the reseller package purchased. Should these limits be breached, the account may be suspended (causing all sub-accounts to be suspended) and overusage charging may apply at the discretion os Zooko. Zooko defines a Customer as the person/company from whom it directly serves, this does not include resold account holders. In the event that a Customer is found to be exceeding these limits, and/or not adhering to the WEBSITE CONTENT AND USAGE POLICY and/or monopolizing processor utilization, Zooko reserves the right to impose the High Resource User Policy for the consideration of all Customers. If Zooko suspects the Customer is using a reseller account as a replacement for a standard shared hosting account, the reseller capability may be withdrawn and the customer may be converted to a shared hosting account.

HIGH RESOURCE USER POLICY

(Please note: this policy may be implemented by Zooko at its sole discretion)

When a website is found to be monopolizing the resources available, hence jeopardizing server performance and resources for other Customers, Zooko reserves the right to suspend that site immediately*. This policy is implemented to prevent the misuse of Zooko servers. At its discretion, Zooko may offer Customers an option whereby Zooko can continue to host the site based on alternative arrangements. If an arrangement cannot be agreed, the account may be terminated by either the customer or Zooko; any reimbursement would be in accordance to Zooko's cancellation policy.

* Please Note: Zooko reserves the right to suspend services to any account that it finds affects overall server performance for other Customers hosted on the same server (this does not necessarily mean issues related only to bandwidth or disk space consumption). This suspension is effective immediately and Customers are reminded to read the Backups policy below regarding this.

BACKUPS

Although backups are kept of websites hosted with Zooko, it remains the responsibility of the Customer to ensure a private backup is kept of data. Zooko cannot be held responsible for any data loss, regardless of impact. By signing up with Zooko the Customer accepts all responsibility for making backup copies of their files.

EMAIL STORAGE

Zooko cannot allow the storage of more than 100MB of emails on Zooko servers and reserves the right to remove email storage files during server maintenance that exceed the 100MB limit per POP account.

If Zooko identifies a domain and/or mailbox which is causing problems through use of mail, Zooko will either remove the offending mailboxes or change their settings to resolve the issue. In extreme cases, Zooko will disable email or suspend all services to the domain as appropriate.

(Examples of this include but are not restricted to mailbox auto-response systems or forwarders which create large volumes of undeliverable email, forwarders and/or autoresponders generating circular mail loops)

Customers may not use Zooko Email services for any of the following:

• To send messages or communications, which are unsolicited, offensive, abusive, indecent or obscene
• To send messages for the purpose of committing or inciting a criminal offence or which direct users/recipients to sites dealing in such subjects.
• To send messages that cause inconvenience, annoyance or anxiety to other customer/users
• To send messages containing content which violates the website content and usage policy herein contained
• To send messages which purport to come directly from Zooko or its staff/associates

Note on mailing lists:
Provided mailing lists are legitimate and meet the following conditions then they are acceptable:

• Consent – it must be sent with the recipient's consent. They may give express consent, or consent may be inferred from their conduct and 'existing business or other relationships'
• Identity – it must contain accurate information about the person or organisation that authorised the sending of the message
• Unsubscribe – it must contain a functional 'unsubscribe' facility to allow the recipient to opt out from receiving messages from that source in the future

Where mass emails are sent (as in the case of mailing lists or otherwise) the bandwidth utilised by the mail sending must not exceed twenty percent (20%) of the total bandwidth utilised by the website as a whole.

SPAM

In the event that Zooko receives a significant number of complaints referring to, or concerning, unsolicited mail that originates from a Zooko server (either directly or via spam advertising, mailing lists etc) Zooko will disable the website concerned immediately. This action is taken to prevent Zooko's IP Addresses being blocked by IP Address blocking systems and to protect other network users.

Zooko will contact the Customer via mail; if no satisfactory explanation is given within 7 days then the account will be permanently deleted from Zooko servers.

Zooko reserves the right to not refund in these circumstances.

If a Customers website is receiving unusually high levels of spam mail, Zooko reserve the right to suspend the account to protect service to its other customers.

PAYMENT POLICIES

All hosting accounts are set up on a prepay basis only.

Zooko reserves the right to change prices of accounts or services at any time. Payment is due when the hosting account reaches the end of its current billing cycle. The terms of the billing cycle are defined and accepted by the Customer at the time of ordering. PayPal also keep a copy of this which can be viewed in the subscription details for that package. Customers will automatically be charged by PayPal when this date occurs if the PayPal subscription remains active. If a PayPal subscription becomes inactive, it is the sole responsibility of the account holder to ensure that payment is made on/before its due date.

Zooko has the Customer's consent to email any and/or all email accounts setup on the Customer’s Zooko control panel to ensure renewal notification is received. The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer makes a cancellation request via the Zooko Client Control Panel: See cancellation procedure section.

No bills or invoices will be sent by regular mail. All invoices will be sent directly to Customers via email shortly after the online purchase has been made.

Customers should note that it is their responsibility to keep all email and contact information updated (preferably with an email address without storage limit) in order to receive all notices sent by Zooko. It remains the responsibility of Customers to ensure that Zooko communications to them are allowed by any e-mail software or filter.

Any e-mail notice will be deemed delivered when the message has been transferred to the e-mail server that the Customer's declared e-mail address resides in.

PAYMENT OPTIONS

In order to streamline accounting procedures and keep costs down Zooko currently only uses one payment processor, PayPal. If Zooko decide to use a different type of payment processor, Customer's will be informed via the Client News section of the Client Control Panel.

PAYPAL

Zooko exclusively uses PayPal for all payment processing. At time of writing PayPal accept Credit/Debit Cards, Direct Debits via a Bank Account, eCheck or funds currently within the Customer's PayPal account.

CANCELLATION AND REFUNDS

Whilst the vast majority of Zooko Customers will be perfectly satisfied with Zooko service and remain with Zooko for many years after ordering, Zooko do recognize that on rare occasions, the agreement between the Customer and Zooko will need to be cancelled. Zooko would encourage Customers to contact the customer services department in the first instance to ascertain if Zooko can resolve any issue causing a Customer to consider canceling, but if the eventuality does arise, the Zooko cancellation policy is as follows:

Customers may cancel their account any time after the 12 month initial agreement. Any Customer cancelling their service will be entitled to request a pro-rata refund based on the time remaining in that billing cycle.

Likewise, Zooko reserves the right to cancel the service at any time. In this event, Customers again will be entitled to a pro-rata refund based on the time remaining in that billing cycle. If a Customer contravenes Zooko's terms of service a refund will not be issued in the event of a cancellation.

All refunds will be paid in the same manner as the original order was made.

Cancellation of Upgrades:

In the event of any refund, Zooko reserves the right to levy an administration charge of GBP£20 to be deducted from the fee.

Cancellation Procedure

Please note that the following Cancellation Procedure must be adhered to at all times, this is a security precaution to allow Zooko to ascertain the authenticity of any such request.

The Customer is required to make a request of cancellation via the Client Control Panel, an Administrator will verify this request and either processor cancel the request.

REACTIVATION OF EXPIRED ACCOUNTS

In the event that an account is not renewed and expires, it may still be possible to reactivate the account but with the following provisos:

• There will be a GBP£15 reactivation fee added to the renewal charge irrespective of the annual fee.
• There is no guarantee that the site material/data will be intact.
• All other outstanding invoices are to be paid.

INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold Zooko harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Zooko, 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 Zooko against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Zooko server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from Zooko's server and (5) any offensive/illegal content.

DISCLAIMER

Zooko will not be responsible for any damages your business may suffer. Zooko makes no warranties of any kind, expressed or implied for services we provide. Zooko disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non deliveries, wrong delivery, and any and all service interruptions caused by Zooko and its employees.

CHOICE OF VENUE

Regardless of the place of purchase, the Customer agrees that for purposes of venue this contract was entered into in the United Kingdom, and any dispute will be litigated or arbitrated in the United Kingdom. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in English courts, and under English law. IN NO EVENT SHALL Zooko's MAXIMUM LIABILITY EXCEED ONE HUNDRED (GBP£100.00) POUNDS STERLING.

AMENDMENT OF AGREEMENT

Zooko reserves the right to revise or otherwise change (in any way) this Agreement at any time.

The Customer agrees that Zooko's posting of any revision or change to this web page (http://www.zooko.co.uk/terms) shall constitute adequate notice to the Customer of any revision or change in this agreement.

It is the responsibility of the Customer to periodically consult this web page for any revision or change to this Agreement; no other method of notice will be used by Zooko.

If, after any such revision or change has been made, the Customer decides that they do not wish to be bound by such change it shall be the Customer's responsibility to terminate their subscription as provided for in the Cancellation and Refunds Section of this Agreement. If the Customer does not terminate the Agreement then the Customer's continued use of Zooko's service will be taken as confirmation that the Customer has accepted, and consented to, the revised or changed Agreement.

INFANCY

The Customer attests that they are of legal age in their domicile to enter into this Agreement. In the event that the Customer is not of such age, then Zooko is authorized, at the discretion of Zooko, to terminate this agreement.

NOTIFICATION

Though Zooko strive to catch occasions that contravene these terms, we encourage anyone who discovers such content to notify us at via www.zooko.co.uk.