WHEREAS, ZippyKid WordPress Hosting is an information provider connected to the Internet ZippyKid WordPress Hosting offers storage and transfer services over the Internet through access to its Web Server;
WHEREAS, Customer seeks to utilize ZippyKid WordPress Hosting’s server for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, ZippyKid WordPress Hosting can make no guarantee that any given reader shall be able to access ZippyKid WordPress Hosting’s server at any given time.
ZippyKid Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- There may be a one time fee of $150.00 for migration services performed by ZippyKid staff, from any existing hosting provider.
- Billing will stop at end of term during which the service is canceled.
- At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via email. After the first 15 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded.
- “60-Day Money-Back Guarantee” offer only applicable to credit card payments for WordPress hosting. Other forms of payment are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable.
- Violations of ZippyKid’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at ZippyKid’s discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any ZippyKid account may, at ZippyKid’s discretion, result in immediate and permanent disablement.
- ZippyKid Web Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or ZippyKid WordPress Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer will provide ZippyKid WordPress Hosting with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of ZippyKid WordPress Hosting. ZippyKid WordPress Hosting shall make no effort to validate this information for content, correctness or usability.
- Use of ZippyKid WordPress Hosting’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- ZippyKid Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- ZippyKid Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- ZippyKid Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to ZippyKid’s customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by ZippyKid is grounds for termination of all services.
- ZippyKid Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ZippyKid WordPress Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of ZippyKid WordPress Hosting is at the Customer’s own risk, and ZippyKid WordPress Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. ZippyKid WordPress Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- ZippyKid Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, ZippyKid WordPress Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on ZippyKid WordPress Hosting’s Server. ZippyKid WordPress Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of ZippyKid WordPress Hosting. If the Customer fails to modify the material, as directed by ZippyKid WordPress Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
- All domain names registered through ZippyKid, that are ‘parked’ or are otherwise not immediately associated with a ZippyKid hosting plan will be automatically pointed to a “ZippyKid Customer Website ” web page which informs visitors that the registrant has recently registered their domain name via ZippyKid.com. The Coming Soon web page may be modified at any time by ZippyKid without prior notice to you and may include such things as, without limitation, links to additional products and services offered by ZippyKid.
TRADEMARKS & COPYRIGHTS
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
HARDWARE, EQUIPMENT, & SOFTWARE
- The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ZippyKid WordPress Hosting.
- ZippyKid Web Hosting makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the ZippyKid WordPress Hosting service.
- This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. ZippyKid WordPress Hosting will accept termination by electronic mail. Notwithstanding the above, ZippyKid WordPress Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. ZippyKid WordPress Hosting reserves the right to charge a reinstatement fee.
- Customer expressly agrees that use of ZippyKid WordPress Hosting’s Server is at Customer’s sole risk. Neither ZippyKid WordPress Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that ZippyKid WordPress Hosting’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the ZippyKid WordPress Hosting Server service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall ZippyKid WordPress Hosting, its offices, agents or any one else involved in creating, producing or distributing ZippyKid WordPress Hosting’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ZippyKid WordPress Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to ZippyKid WordPress Hosting’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on ZippyKid WordPress Hosting’s Server service.
- Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- By using a promotional (“promo”, “coupon”) code you waive the option to indicate who referred you to ZippyKid.
- You may not change/submit a promo code or referrer after you’ve finished signing up.
- Promo codes/referrers are for new customers only – if you use one you may not host on your account any domain ever previously hosted with ZippyKid.
- Customer agrees that it shall defend, indemnify, save and hold ZippyKid WordPress Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against ZippyKid WordPress Hosting, its agents, its customers, servants 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 ZippyKid WordPress Hosting against Liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise distributed in connection with ZippyKid WordPress Hosting’s Server by Customer;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement by Customer;
- any defective product which Customer sold on ZippyKid WordPress Hosting Server.
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.
Customer may not transfer this contract without the written consent of ZippyKid WordPress Hosting.
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.