Terms of Service
The headings in this Terms of Service are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this document.
1. Account Setup and Email on File
ZOBOLT will setup your account after payment has been received and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide ZOBOLT with an email address, which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or ZOBOLT needs to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. You shall give any notice to ZOBOLT via email through our ticketing system or by logging into your account and updating your profile. If you have a domain name registered with ZOBOLT, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. ZOBOLT is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact a ZOBOLT representative via email through our ticketing system. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, your order may be considered fraudulent in nature and be denied.
The credit card holder, which is utilized for payment on the account, is designated as the authorized owner of the account. Phone and email support is available from Monday to Friday, except major U.S holidays from 9am to 5pm PST. Support is only provided to current authorized account owners who are listed on the ZOBOLT support portal contact list and one designated representative who is listed on the account. Support is available in English only. Calls from U.S. based landlines are free through our 888 number, but you may be charged from mobile phones depending on your mobile service provider. Support provided to customers outside these ZOBOLT maintenance services will be charged at an hourly rate.
3. Dedicated IP Address Allocation
Dedicated server IP Allocation is allowed on ZOBOLT servers only if you purchase an SSL Certificate from ZOBOLT. Additional fees will apply.
4. Third-Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. ZOBOLT is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
All services provided by ZOBOLT must only be used for lawful purposes. The laws of the Washington, Nevada, and the United States of America apply.
The customer agrees to indemnify and hold harmless ZOBOLT from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes, but is not limited to, unauthorized copying of music, books, photographs, media, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email us through our ticketing system.
Using your hosting account as a backup/storage device is not permitted. Please do not take backups of your backups.
Examples of unacceptable material on all Shared Hosting servers include:
- IRC Scripts/Bots
- Proxy Scripts/Anonymizers
- Pirated Software/Warez
- Image Hosting Scripts (similar to Photobucket or Tinypic)
- AutoSurf/PTC/PTS/PPC sites
- IP Scanners
- Bruteforce Programs/Scripts/Applications
- Mail Bombers/Spam Scripts
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- Escrow/Bank Debentures
- High-Yield Interest Programs (HYIP) or Related Sites
- Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
- Sale of any controlled substance without prior proof of appropriate permit(s)
- Prime Banks Programs
- Lottery/Gambling Sites
- Hacker focused sites/archives/programs
- Sites promoting illegal activities
- Forums and/or websites that distribute or link to warez/pirated/illegal content
- Bank Debentures/Bank Debenture Trading Programs
- Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
- Push button mail scripts
- Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
- Tell A Friend Scripts
- Anonymous or Bulk SMS Gateways
ZOBOLT services, including all related equipment, networks and network devices, are provided only for authorized customer use. ZOBOLT systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of ZOBOLT system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. ZOBOLT may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
ZOBOLT reserves the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from ZOBOLT within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with through our ticketing system and will have a response within 48 hours.
ZOBOLT adheres to all WordPress Terms of Service. To view the WordPress Terms of Service in it’s entirety please visit https://en.wordpress.com/tos/. If you purchase website services which are based on WordPress, you agree to and are bound by all WordPress Terms of Services when using the platform.
While we attempt to provide the best possible WordPress hosting experience, limitation do apply to certain WordPress features. ZOBOLT, currently is unable to support loop-back features, CRON or task scheduling features within WordPress.
7. Communications Decency Act
Sites hosted with a ZOBOLT service are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, ZOBOLT does not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. ZOBOLT is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why ZOBOLT relies on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; ZOBOLT will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; ZOBOLT will comply and remove or disable access to the material in question.
The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like ZOBOLT and many of ZOBOLT other web hosting services and brands are republishes and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user, which creates or publishes the content. Therefore, ZOBOLT should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under any ZOBOLT web hosting service(s).
If in doubt regarding the acceptability of your site or service, please contact ZOBOLT at through our ticketing system and a ZOBOLT representative will be happy to assist you.
8. Forbidden and Prohibited Content
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.
9. Permissions of Directories
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, ZOBOLT will notify you and allow time for you to change/update your password.
10. Zero Tolerance Spam Policy
ZOBOLT takes a zero tolerance stance against sending of unsolicited email, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
ZOBOLT reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
ZOBOLT reserves the right to charge the holder of the account used to send any unsolicited email a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of ZOBOLT.
11. Payments and Fees Information
As a client of ZOBOLT, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to supply appropriate payment for the services received from ZOBOLT, in advance of the time period during which such services are provided. You agree that until and unless you notify ZOBOLT of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by ZOBOLT. ZOBOLT reserves the right to bill your credit card or billing information on file with us. ZOBOLT provides a 10-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10.00 USD late fee and/or an account suspension until account balance has been paid in full. The $10.00 USD late fee is applied in addition to whatever else is owed to ZOBOLT for services rendered. Access to the account will not be restored until payment has been received in full.
12. Domain Renewal
It is the customer’s responsibility to notify our sales team via email through our ticketing system after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and ZOBOLT cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our sales team via email through our ticketing system, for any domain registration cancellation or submit a cancellation request with the online member’s area. ZOBOLT is not responsible for fraudulent cancellation request from the submittal of online cancellations on the customer account or login member area. Customers are solely responsible for their online accounts and the passwords or login management. No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.
13. Backups and Data Loss
Your use of this service is at your sole risk. This feature is only provided to ZOBOLT services that offer website backups. Our backup service runs daily and are rotated on a 30 day schedule and will overwrite any previous backups made. ZOBOLT is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate back up of files and data stored on our servers. ZOBOLT is not responsible for lost data or failures of system backups. Any request for website backup recovery is performed with best effort and an hourly cost.
14. Hosting Cancellations
ZOBOLT reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars (USD), and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and ZOBOLT is not responsible for any change in exchange rates between time of payment and time of refund.
Customers may cancel at any time via the cancellation form in their ZOBOLT customer portal area. No pro-rated refunds will be provided for hosting products. Once ZOBOLT receives your cancellation through your account management, and has confirmed all necessary information with you via email, ZOBOLT will inform you via email that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in a follow-up email to your email on file for your reference and for verification purposes. A ZOBOLT representative will confirm your request and process your cancellation shortly thereafter. ZOBOLT requires that any and all cancellations of service(s) is completed through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
Refund requests for all and any domain names are not possible and will not be granted.
15. Resource Usage
User may not:
- Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
- Run cron entries with intervals of less than 15 minutes.
- Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
- When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“https://yourdomain.com/include.php”) use include (“include.php”)
- To help reduce usage, do not force html to handle server-side code (like php and shtml).
- Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
Inodes defined: In computing, an inode is a data structure on a traditional Unix-style file system such as UFS. An inode stores basic information about a regular file, directory, or other file system object.
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc.) on your account uses 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here.”
17. Backup Limit
Any website using more than five gigabytes of disk space will be removed from our off site daily backup.
18. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account surpass the allocated amount, ZOBOLT reserves the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level package, terminate the account, and/or charge you an additional fee for the overages. Unused bandwidth in one month cannot be carried over to the next month.
A $50.00 USD service fee will apply to each credit card chargeback (multiple chargebacks will be billed $50.00 USD each). If a customer initiates a chargeback, then their account will be immediately suspended and the suspension will only be removed once the chargeback is reversed by the customer, or the charges paid in full, including any chargeback fees. Chargebacks will suspend any and all transactions or future transactions with the customer and ZOBOLT. Electronic files folders or other graphic design or computer design project material will not be released by ZOBOLT until all fees and charges the customer owes are paid in full.
20. NSF Fees
There is a $50.00 USD NSF (insufficient funds) fee for returned checks.
21. Project Cancellation and Refunds
Professional design time or project time expended or worked by ZOBOLT on ANY project is non-refundable. Design time which is included as a package with any monthly or yearly plan is non-refundable. Unused “pre-paid design time” or project time purchased is refundable. Custom quote customers, who have paid in full for design time and are requesting a refund of unused design time, will be required to pay a cancellation fee of $100.00 USD. Customers who request any project cancellation and would like to obtain electronic files within 10 days of request of any cancellation, are required to pay a transfer fee up to $2,500.00 USD. ZOBOLT maintains the right to cancel any project at any time for any reason.
Unused professional design time refunds, which are prorated for return, must be allowed 60 calendar days to be processed. All accounts, files, emails and server information for any account will be deleted. Domain registration is NOT refundable. Customers who do not have hosting or a website bundle are not allowed to park or hold domain names on ZOBOLT servers or services.
22.Website Bundles, Specials and Discounts
If a customer chooses to cancel a design project, customer files and associated accounts will be deleted and removed from ZOBOLT servers. Domain registration or transfer fees are not refundable. Customers requesting a domain transfer from ZOBOLT are requested to pay a transfer processing fee of $25.00 USD. Transferring domains is the full responsibility of the customer and is only available within 30 days of cancellation. Domain transfers are only available if customer accounts are paid in full and in good standing.
If ZOBOLT and/or customers who request website bundle, special and/or discount project cancellation and would like to obtain completed works, Website files, Backups, Theme files or other electronic files within 10 days of cancellation are required to pay ZOBOLT a file systems transfer fee up to $2,500.00 USD. File transfers are only available if customer accounts are paid in full and in good standing.
Rounds of revisions or edits for Website Bundles, Specials and Discounts are limited to a maximum of 2, unless otherwise specified. Website edits/revisions are only available after the initial design is considered completed by ZOBOLT. Edits are classified as ZOBOLT time spent adding text, web pages, images, or any customization on your website project. Edits are recorded and can be tracked by our customers simply by using our client area. Once a client logs into their ZOBOLT account, they may go to the Top Menu and Select “Services” and then select “Myprojects”. If a customer or customers assigned representative request additional rounds of edits or revisions charges will apply.
Website Bundles, Specials and Discounts have limits associated to the advertised design bundle. Limits include, but not limited to web pages, images, text, graphic arts, blogs setup, and sliders. ZOBOLT reserves the right to charge additional fees for any edits, additions or changes to the any website bundle, special and discounts.
Reasonable Requests. You agree that all requests will be reasonable in nature and within the scope of the Services purchased.
All Services, including any free products or services included in your plan, must be associated with a specific website at the time of purchase and are not transferable to other accounts or websites thereafter. Provision of all Services, including any free products or services included in your plan, is dependent upon your active subscription to the Services. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services plan will begin on the date of purchase.
After your initial purchase of a Website plan, you will be required to (i) complete an interview form, and (ii) submit your content to us electronically. Upon completion of the website interview form, ZOBOLT will create an optional “Coming Soon” page for your site. Upon receipt of all of your content, we will begin building your Website.
You are responsible for submitting all copy, images, and other content for your Design. All provided content should be copies and not the originals. You agree to respond to any request for content, feedback or approval within five (5) days. All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.
Within five (5) days of receiving notice that your Website is ready for review, you must either (i) provide us with your revisions, or (ii) notify us that you have no revisions. If you fail to take either such action within ten (10) days, your Website will be published on your behalf without further review. Any time after publication, you may elect to de-publish your site by submitting a support ticket from your email on file to ZOBOLT.
It is your responsibility to initiate your included maintenance each month by submitting a ZOBOLT support ticket from your email which is on file with ZOBOLT. You may do so by submitting a support ticket to ZOBOLT. Once we receive your request for maintenance/updates and all necessary materials or content, we will complete the requested maintenance/updates and re-publish your site without further review. Unused monthly maintenance time will not carry over to the next month of service.
Publication of your Design is acknowledgement of your satisfaction with the Services provided to date and releases us from any obligation for further revisions or alterations at that time or until the next month of maintenance or purchased Updates are initiated. You also acknowledge and agree that once your Design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your Design.
Once you have maintained your Services subscription for a full twelve (12) months, you may contact us to downgrade to a plan that does not include any minutes for monthly maintenance. If you downgrade your plan, you may either (i) update your Design yourself using our control panel, or (ii) purchase Update Services in thirty (30) minute increments.
By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.
Except for the content provided by you, Designs created on your behalf by us belong to us, and all such Designs and copies are subject to copyright, trademark, patent, and other intellectual property laws of the United States and foreign countries. We grant you an unrestricted license to use the Design created for you so long as your Services subscription remains active and in good standing. Cancellation of your Services subscription terminates your license to use the Design created for you.
You agree to prevent any unauthorized copying of your Design. Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.
On occasion, ZOBOLT provides a CMS access for website editing. ZOBOLT CMS access is designed using the WordPress platform with special Editor level permissions only. Additional service fees and charges will apply for the purchase of authorized plugins or widget installations. ZOBOLT is not responsible and will not support any third party plugins or widget.
23. Money Back Guarantee
ZOBOLT offers 100% money back guarantee on custom quoted web design services only. If you aren’t absolutely satisfied with any of our web designs, you simply need to advise us of that fact during the development of your web design. Free websites, website bundles, specials or discounts are not applicable to our money back guarantee.
If you have already confirmed or approved the acceptance of a web design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction. If you have failed to communicate with us for more than thirty days, any refunds will be at the discretion of ZOBOLT. If the company for whom the web design was performed should close, change its name, or undergo other alterations rendering a design ill fitting, we cannot issue a refund. A refund will not be issued once you have taken final delivery of web design files or the web site is live to public viewing.
Our liability is limited to the payment received from you against the project. In case you cancel a project we will have the right to sell or use the designs shown to you as we may deem fit.
Should the customer receive a refund, they acknowledge that they will have no right (expressed or implied) to use any basic concept or other work product, content, or media, nor any ownership interest in or to the same. The Copyright remains with ZOBOLT and you are not allowed to use our designs even as design reference.
24. Up-time Guarantee
If your shared server has a physical downtime that is not within the 99% up-time, you may receive up to one month of credit on your account. Approval of the credit is at the discretion of ZOBOLT dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. Monthly reports generated by ZOBOLT PRTG monitoring system are subject to a ±5% resource utilization error factor. The up-time of the server is defined as the reported up-time from the operating system and the Apache Web Server, which may differ from the up-time reported by other individual services. To request a credit, please contact us through our ticketing system with justification. All requests must be made in writing via email. Up-time guarantees only apply to shared hosting solutions.
25. Shared Servers Hosting Accounts
Shared accounts may not resell web hosting to other people. ZOBOLT has no reseller accounts.
26. Price Change
ZOBOLT reserves the right to change listed prices and the right to increase the amount of resources given to plans at any time.
27. Discounts, Specials and Coupons
Discounts, specials and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. A representative of ZOBOLT will review any account found in violation of these policies and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.
28. Permissions and Releases
You unconditionally guarantee that any elements, including, but not limited to: text, graphics, photos, designs, logos, trademarks, media, or other artwork furnished to ZOBOLT for inclusion in services provided by ZOBOLT are owned by you, or that you have permission from the rightful owner(s) to use each of these elements, and will hold harmless, protect, indemnify and defend ZOBOLT and its subcontractors from any (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by you. You understand ZOBOLT is not, in any way, responsible for the accuracy of provided content. ZOBOLT is not responsible for website financial transactions. ZOBOLT makes no claims or guarantees for your financial gain or profit from provided services or return on investment or website traffic.
29. User Information; Password Protection
In connection with your use of the services, you may be required to complete a registration form. You represent and warrant that all user information you provide on the registration form or otherwise in connection with your use of the website and services will be current, complete and accurate, and that you will update that information as necessary to maintain its completeness and accuracy by visiting your personal profile online.
You may also be asked to provide a user name and password in connection with your use of certain services. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, user name, or password of any other member at any time. You agree to notify ZOBOLT immediately of any unauthorized use of your account, user name, or password. ZOBOLT shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by ZOBOLT, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
30. Credit and Promotion
ZOBOLT has the right to use the service(s) provided for self-promotion. ZOBOLT will add text in the footer of all websites that links back to the ZOBOLT website. ZOBOLT and its subcontractors retain the right to display graphics and other design elements as examples of their work in their respective portfolios. Websites hosted by ZOBOLT and designed by ZOBOLT shall maintain the ZOBOLT link back to the ZOBOLT main website https://zobolt.com. Customers found removing the ZOBOLT link shall be in violation of the terms and conditions, thereby forfeiting hosting services.
31. CMS Branding ZOBOLT Logo
ZOBOLT reserves the right to brand or display on each CMS or WordPress login the ZOBOLT logo. ZOBOLT logo and branding for CMS/WordPress login access, which is hosted by ZOBOLT, shall not be removed or altered. If login branding is removed or altered, ZOBOLT reserves the right to discontinue hosting services. Written notice, normally provided by email, will be sent to the account holder stating the violation of our terms and services.
ZOBOLT reserves the right to utilize third-party or subcontractors to perform certain functions to include, but not limited to: graphic design, web design, graphic arts, website development, code development, database development, and other services as necessary to complete any and all projects.
33. Electronic Commerce Laws
You agree that you are solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the services contemplated herein, and will hold harmless, protect, and defend ZOBOLT and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the your exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
34. Legal Notice
You agree that you shall defend, indemnify, save and hold ZOBOLT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ZOBOLT, its agents, its customers, officers and employees, that may arise or result from any service(s) provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. You agree to defend, indemnify and hold harmless ZOBOLT against liabilities arising out of; (1) any injury to person or property caused by any products and/or services sold or otherwise distributed in connection with ZOBOLT; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ZOBOLT’s server.
Notwithstanding anything to the contrary contained in these terms, ZOBOLT does not warrant that the functions contained in the services will be uninterrupted or error-free. The entire risk as to the quality and performance of the services is with you. In no event will ZOBOLT be liable to you or any third-party for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate services provided, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if ZOBOLT has been advised of the possibility of such damages.
By using any ZOBOLT services, you agree to submit to binding arbitration. If any disputes or claims arise against ZOBOLT or its subsidiaries, an arbitrator chosen by ZOBOLT will handle such disputes. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
ZOBOLT shall not be responsible for any damages your business may suffer. ZOBOLT makes no warranties of any kind, expressed or implied for services ZOBOLT provides. ZOBOLT disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by ZOBOLT and its affiliates.
37. Disclosure to Law Enforcement
ZOBOLT may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. ZOBOLT will cooperate fully with law enforcement agencies.
38. Changes to the Terms of Service
ZOBOLT reserves the right to revise its policies at any time and without notice.