The deZillium Terms of Service
Terms of Service for our products and/or services
Copyright © 2011-2016 DEZILLIUM LIMITED - All Rights Reserved.
All other trademarks and/or copyrights are the property of their respective legal owners.
"deZillium" means DEZILLIUM LIMITED.
In these Terms of Service:
"deZillium" and/or "company" and/or "our" and/or "we" means DEZILLIUM LIMITED
"International Network" and/or "Internet" and/or "web" and/or "network" means the network of interconnected computer systems governed by the TCP/IP protocol and/or other networking protocol/s.
"account" means the account/s that is/are currently held with deZillium, and/or that are to be held with deZillium, in the name of the user who requests such accounts by an application and/or notification by the user to deZillium from time to time. This account shall be accessed and/or connected through the Internet, only by the authorized user to whom deZillium has granted such an authorization.
"user" and/or "customer" and/or "you" means the person and/or persons, whether natural, incorporated, unincorporated or otherwise, who hold/s one or more account/s and has agreed to these Terms of Service by way of ticking the acknowledgement of reading of these Terms of Service before ordering our services.
"login credentials" means the username/s and/or password/s needed for the succesful log in to our systems.
"_at_" means @. This is a necessary measure to prevent SPAM to our email addresses.
"service" and/or "package" and/or "plan" means our service and/or product offerings, as stated on our website/s.
"website" means the electronic web page hosted at one or more servers, and made available through a computer network.
"username" means the username assigned to the user by deZillium.
"password" means the password assigned to the user by deZillium.
"AUP" means Acceptable Usage Policy.
"email" means electronic mail.
"his/her" means his and/or her and/or its.
The www.dezillium.com website is an online information service provided by DEZILLIUM LIMITED,subject to the terms and conditions set forth below.
1. This Web Hosting Agreement is between deZillium and the person/persons who use our website hosting, dedicated server hosting, virtual private server hosting, cloud hosting, and colocation services and/or any of the products and/or services provided by us. The present agreement is for an unlimited period of time. Please read carefully to ensure you understand our Terms of Service before purchasing any of our products or services.
2. The deZillium services and products are offered for use by the user subject to the Terms of Service and Acceptable Usage Policy that deZillium shall from time to time adopt and notify the user by any manner that deZillium deems appropriate.
3. The user is responsible for all acts or omissions by the person/s and/or computer systems accessing any of the services and/or products offered to the user.
4. All users are responsible for monitoring their storage space and bandwidth transfer each month. Users who exceed their account limits will be sent an email with the option to either upgrade their account or reduce bandwidth consumption and/or storage. If customers continue to exceed their limit as aforesaid, deZillium will take all necessary measures to prevent such abuse.. We reserve the right to suspend and/or ban and/or terminate account/s for continuous problems. We reserve the right to delete and/or alter any and all file/s and filename/s responsible for such a problem. We reserve the right to null route IP addresses (making them unavailable for use) and/or disconnect computer systems from any and all networks under our control, for the safety of our network/s and/or computer systems and/or customers.
5. deZillium reserves the right to charge any and all expenses necessary for the correct function of the account, to the user. The correct function of the account will be determined by deZillium only. We reserve the right to charge overage charges as specified on our website/s.
6. The user is responsible for all fees owed on the account from the time it was established to the time that the user notifies deZillium in respect to paragraph 19 below to request for termination of services. Any account not updated within two weeks (14 days) of e-mail notice or exceeding this time frame in any way is subject to suspension.
7. Renewal notices are emailed fourteen (14) days before the actual renew date in your account.
8. All accounts are set up on a pre-pay basis.
9. deZillium reserves the right to change price/s of our product/s at any time.
10. Payments may be made in Euro which is the official currency of the Republic of Cyprus. deZillium may at its absolute discretion accept payments also in other currencies.
11. The user's particular billing cycle corresponds to the contract length that was initially chosen at setup. The user's account will automatically renew at this length unless cancelled before hand.
12. If you cancel an account on the monthly billing cycle deZillium cannot refund any payments made before that month.
Money Back Guarantee
14. You are entitled to claim our 30 day-money back guarantee providing you meet the following requirements:
15a. You must claim during the first 30 days of using our services.
16. Our special promotions are excluded from our 30-day money back guarantee.
17. If a domain name was included as part of the plan the value of this domain name will not be refundable. You will however be compensated for the rest of the cost.
Cancellation, Suspension and Early Termination
18. Users must acknowledge that the amount of the services bought is based on the user's agreement to pay the fee for the initial term or renewal term.
19. Account cancellation requests should be made to deZillium via email and/or our support ticket system at billing_at_dezillium.com.
20. deZillium reserves the right to suspend and/or terminate an account if its use violates our Terms of Service and/or Acceptable Usage Policy WITHOUT PRIOR WARNING and/or PRIOR NOTICE to the user. No refunds of fees paid will be made if account termination is due to violation of our Terms of Service and/or Acceptable Usage Policy.
21. Customer agrees that deZillium may suspend and/or terminate its services to the Customer without notice and without liability if: (i) deZillium reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) deZillium reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
22. The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if deZillium fails in a material way to provide the service in accordance with the Terms of Service and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by deZillium prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from deZillium describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
23. Any and all successful and/or unsuccessful attempts to reduce the processing ability of our systems including, but not limited to, processing capacity, network bandwidth capacity, undermine and/or cause harm to a computer system, server, webpage, network, network equipment and/or cause harm to customer/s of deZillium is strictly prohibited. Computer processing abuse and/or disk space abuse and/or network bandwidth abuse is strictly prohibited.
24. deZillium will take immediate action against any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include "Internet scamming" (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
25. Any unauthorized use of accounts or computers by the user, whether or not the attacked account or computer belongs to deZillium, will result in action against the user. Possible actions include warnings, account suspension and/or banning and/or cancelation, as well as civil and/or criminal legal action, depending on the seriousness of the attack.
26. The user may not run IRC, bots or clients on shared servers. Unacceptable use/s of any of our products and/or services also include/s, but are NOT limited to: online casinos, gambling systems, bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by deZillium to be unacceptable use of our services including abuse of server resources.
27. All web applications and/or scripts that are out-of-date and actively being exploited will be shut down immediately WITHOUT PRIOR WARNING and/or PRIOR NOTICE. The user are responsible for and should evaluate his/her web-based applications and scripts on a regular basis to ensure their security and orderliness, including keeping them up to date.
28. deZillium reserves the right to update and/or upgrade WITHOUT PRIOR WARNING and/or PRIOR NOTICE to the user, any and all web applications and/or scripts and/or software and/or hardware. deZillium shall not be held responsible for any liability and/or damage caused by any such update.
29. Any account/s may also be terminated if it includes or has links to any of the following content/material:
a) material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual;
b) material containing obscene nudity or pornographic material;
c) material that exploits children under 18-years of age;
d) acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
30. If a copyrighted material and/or trademark is found on our systems and if you are the copyright owner and/or trademark owner and wish for your copyrighted and/or trademarked material to be removed from our systems please send a report of the problem to abuse_at_dezillium.com.
31. deZillium reserves the right to change and/or add and/or remove items from paragraph 23 and/or paragraph 26 at any time WITHOUT PRIOR NOTIFICATION to the user.
32. deZillium will be the sole arbiter as to what constitutes a disk space abuse.
33. The user is responsible for monitoring his/her disk space usage. The user may request a disk space upgrade through email at billing_at_dezillium.com and/or through our support ticket system. The user can also upgrade his/her hosting plan from inside your deZillium client account.
34. deZillium reserves the right to refuse an upgrade as stated in paragraph 33 if deZillium believes that such an upgrade is unnecessary and/or in violation to our Terms of Service and/or Acceptable Usage Policy.
35. Our services are not provided as an offsite storage area for electronic files unless otherwise stated. Our services are provided as a storage area for web documents. If the user violates this condition, the user will be notified and given 48 hours to remedy the problem. Failure to do so will result in the user being billed for the overages necessary for the correct function of our systems.
36. deZillium reserves the right to immediately suspend and/or terminate the account in the event of severe bandwidth abuse, WITHOUT PRIOR NOTICE and/or PRIOR NOTIFICATION to the user.
37. deZillium will be the sole arbiter as to what constitutes a severe bandwidth abuse.
38. Traffic will go unmonitored until the user reaches the amount of quota allocated to the user's specific plan. deZillium will be the sole arbiter as to what constitutes a violation of this provision.
39. deZillium will be the sole arbiter as to what constitutes a computer processing abuse.
40. Unsolicited commercial advertisements ("SPAM") are not allowed in e-mail, and will result in account cancelation. deZillium takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
41. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing"); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
42. If YOU use the services of another provider to promote a website hosted by or through deZillium ("spamvertising"), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
43. Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
44. All files stored on deZillium's servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within the user's account, the files will be subjected to immediate deletion and will result in civil and/or criminal legal action taken against the user.
45. Material accessible to you through deZillium's services may be subject to protection under the Republic of Cyprus or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use deZillium or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the deZillium network. If YOU use a domain name in connection with deZillium or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
46. Customers may not use the deZillium network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. deZillium will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. deZillium reserves the right to suspend and/or ban and/or terminate any account violating this paragraph WITHOUT PRIOR WARNING and/or PRIOR NOTICE to the user.
47. deZillium SPECIFICALLY PROHIBITS THE USE OF OUR SERVICES AND/OR PRODUCTS FOR ANY AND ALL ILLEGAL ACTIVITIES.
48. Except as provided by applicable Law ,deZillium at any time and at deZillium's absolute discretion, may refuse to receive and/or execute any instructions and/or provide any information and/or provide any service to the user. The user may only use deZillium's services and/or products for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the Republic of Cyprus, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of deZillium.
49. If illegal content or usage is found, the account will be suspended and/or terminated. The user agrees that deZillium may disclose any and all user information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without prior and/or further consent and/or notification.
Acceptable Usage Policy
50. Customer/s agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that deZillium hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of deZillium notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with deZillium reasonable investigation of any suspected violation of the AUP. In the event of a dispute between deZillium and Customer regarding the interpretation of the AUP, deZillium commercially reasonable interpretation of the AUP shall govern.
51. Customer/s are responsible for the safety of their provided login credentials and/or other information. The customer/s must do everything in his power to ensure such safety and prevent disclosure of the login credentials and/or other information to third parties. A failure to provide reasonable safety to login credentials and/or other information is a violation of these Terms of Service and may result in the immediate suspension and/or ban and/or termination of the account.
52. Customer/s that believe his/her account/s has/had been compromised are responsible for the IMMEDIATE NOTIFICATION of deZillium by use of our support ticket system and/or email to abuse_at_dezillium.com. Failure for such notification constitutes a violation of these Terms of Service and may result in the immediate termination of the account.
53. Customer represents and warrants to deZillium that the information he, she or it has provided and will provide to deZillium for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to deZillium that he or she is at least 18 years of age. deZillium may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
54. The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are deZillium, its affiliates or other third party licensors. All other trademarks and copyrights are the property of their registered owners. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to deZillium a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to deZillium, by all means and in any media now known or hereafter developed. You also grant to deZillium the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against deZillium for any alleged or actual infringement or misappropriation of any proprietary right in your communications to deZillium.
55. Customer agrees that deZillium may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that deZillium believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
56. 99.9% uptime guarantee applies to any Customer in good financial standing with deZillium at the time of a service outage.
57. SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS for SHARED HOSTING PLANS ONLY: deZillium endeavors to have the content of YOUR website available for http access by any party in the world 99.9% of the time. Network downtime ("unavailability") is defined as 100% packet loss from deZillium to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via deZillium's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started via an email to support_at_dezillium.com
58. SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS for CLOUD PLAN and/or DEDICATED SERVER PLAN and/or VIRTUAL PRIVATE SERVER PLAN and/or COLOCATION PLAN ONLY: deZillium endeavors to have the computer system whether physical or virtual available for network access by any party in the world 99.9% of the time. The availability is to be determined by network connections including but not limited to ping, traceroute, and other means of checking that a computer system is online and functional, by deZillium administrators. deZillium reserves the right to make use of a firewall or otherwise system to prevent unauthorised access to any and all of the systems under its control. Such a firewall system or otherwise prevention of access shall not be a violation of the network availability. Downtime is measured past 10 minutes after notification of network failure via deZillium's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started via an email to support_at_dezillium.com
59. deZillium's administrators will determine the end of the downtime by a traceroute and/or ping and/or other means of checking for computer network availability to the user's webpage and/or machine from outside the deZillium network.
60. In the event that the user's website and/or cloud and/or dedicated server and/or virtual private server and/or colocated system is unavailable for less than 100%, deZillium will credit the following month's service fee as follows. The user's 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 fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly fee
- 89.9% or below - YOUR account will be credited 50% of your monthly fee
61. Credit shall NOT be provided to the user in the event that the user has any outage resulting from:
- scheduled maintenance as posted from time to time at www.dezillium.com and/or other means of communication including but NOT limited to email, electronic and/or electromagnetic means of transfer of voice and/or video,
- your behavior or the performance or failure of your equipment, facilities or applications,
circumstances beyond deZillium's reasonable control, including, without limitation, acts of any governmental body, war, coup, insurrection, sabotage, embargo, thunderstorm, solar storm, meteorite impact, space debris impact, hurricane, tornado, fire, earthquake, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability and/or interruption and/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 the provision of your service,
- the user breaking any agreement policy in deZillium's Terms of Service and Acceptable Usage Policy causing a machine to fail as a result.
TECHNICAL SUPPORT BOUNDARIES
62. deZillium provides technical support for the user that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers and/or networks within our immediate responsibility and any other hosting related issues.
63. We will do our best to help you in the event of a question not related to our technical support. However, under no circumstances is deZillium obligated to help the user in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by the user previously.
64. Customer agrees to indemnify and hold harmless deZillium, deZillium's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
65. YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS DEZILLIUM LIMITED AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH deZillium'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM deZillium'S SERVER.
Disclaimer of Warranties
66. deZillium does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law deZillium disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Limitation of Damages
66. Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
67. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of deZillium and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for one (1) months service.
Back Up Copy
68. The user agrees to maintain a current copy of all content hosted by deZillium not with standing any agreement by deZillium to provide back up services.
69. The user expressly (i) grants to deZillium a license to backup the entirety of the user's website and/or account and/or cloud and/or dedicated server and/or virtual private server and/or colocated system, including content supplied by third parties, hosted by deZillium under this Agreement and (ii) agrees that such backing up is not an infringement of any of the user's intellectual property rights or any third party's intellectual property rights.
70. deZillium is not obligated to make a backup copy unless otherwise stated by deZillium.
71. deZillium reserves the right to restore a backup without prior notice to the customer if such a restore is necessary for the correct function of the account.
Changes To deZillium's Network
72. Upgrades and other changes in deZillium's network and/or computer systems, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of the user's hosted content and/or applications. deZillium reserves the right to change its network in its commercially reasonable discretion, and deZillium shall not be liable for any resulting harm to user.
73. Notices to deZillium under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail and/or other means of communication including but not limited to postings on social sites (for example twitter page) and/or other forms of communication such as electronic and/or electromagnetic means of transmition of voice and/or video to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
74. deZillium shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond deZillium's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
75. deZillium and the user shall take all reasonable measures to ensure that differences between deZillium and the user are resolved in an amicable manner.
76. The Agreement shall be governed by the laws of the Republic of Cyprus, exclusive of its choice of law principle. The Courts of the Republic of Cyprus will have non-exclusive jurisdiction to determine any dispute arising hereunder. deZillium reserves the right to take legal action against any user, if the user is found to be in violation of these Terms of Service. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
77. The Central Offices of deZillium are at Karchidonos Street 26, 2305, Lakatamia, Nicosia, Cyprus. Users may contact deZillium through email addresses and the customer enquiries page on our website. Users are not allowed to visit the Central Offices at any time.
78. Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Nicosia, Republic of Cyprus, and any dispute will be litigated or arbitrated in the Republic of Cyprus. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Republic of Cyprus courts. IN NO EVENT SHALL deZillium'S MAXIMUM LIABILITY EXCEED THE MAXIMUM AMOUNT PAYABLE BY CUSTOMER FOR ONE (1) CALENDAR MONTH OF SERVICE.
79. Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on deZillium unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without deZillium's prior written consent. deZillium's approval for assignment is contingent on the assignee meeting deZillium's credit approval criteria. deZillium may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Promotional Rates & Special Offers
80. deZillium may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
81. We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month's payment. As a result of this our promotions are not refundable and are not covered by our 14-day money back guarantee.
82. The user will be solely responsible for the development, operation and maintenance of the user's online store and products along with all content and materials appearing online or on the user's products, including without limitation:
83a. the accuracy and appropriateness of content and materials appearing within the store or related to the user's products,
83b. ensuring that the content and materials appearing within the store or related to the user's products do not violate or infringe upon the rights of any third party, and
83c. ensuring that the content and materials appearing within the store or related to the user's products are not libelous or otherwise illegal. The user will be solely responsible for the final calculation and application of shipping and VAT. The user will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
84. The user is also responsible for the security of any customer credit card numbers and related customer information the user may access as a result of conducting electronic commerce transactions through the user's website and/or computer system. The user will keep all such information confidential and will use the same degree of care and security as the user uses with his/her confidential information.
Static & Dynamic Content Caching
85. The user expressly (i) grants to deZillium a license to cache the entirety of the user's website, including content supplied by third parties, hosted by deZillium under this Agreement and (ii) agrees that such caching is not an infringement of any of the user's intellectual property rights or any third party's intellectual property rights.
IP Address Ownership
86. deZillium shall maintain and control ownership of all IP numbers and addresses that may be assigned to the user by deZillium. deZillium reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration and Transfer
87. The user agrees to pay deZillium prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the deZillium price schedule for the initial registration of the domain name and, should the user choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if the user's domain name registration is suspended, canceled or transferred prior to the end of the user's then current registration term. deZillium reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. The user's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed the user's registration in an email from deZillium to the email address indicated in the user's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by deZillium) in connection with the payments of the registration fee for the user's domain name registration, the user agrees and acknowledges that the domain name registration shall be transferred to deZillium as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. deZillium will reinstate the user's domain name registration solely at deZillium's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
88. The user agrees to pay deZillium prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the deZillium price schedule for the initial transfer request of the domain name. The user agrees and acknowledges that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
88a. - No response from the Registered Name Holder or Administrative Contact
88b. - Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
88c. - Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
89. The user agrees and acknowledges that the failure or success of a domain name transfer will be his/her sole responsibility, and deZillium will not be held liable for the failure of a domain name transfer for any reason.
90. Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
92. Emails and/or calls and/or other methods of communication including verbal communication between the user/s and deZillium may be recorded and may be stored for a maximum time of 6 months for further evaluation. This is to ensure the continuous improvement of customer services.
93. Customer agrees to allow deZillium access to the website and/or server without prior notification to deZillium. This is to ensure that deZillium can perform periodic checks for the violation of any Terms of Service.