zangIT End User License Agreement

zangIT, its management, employees and subsidiary companies and / or businesses herin known as zangIT provides a range of products and services not limited to web hosting, and related services as well as individual programing (hereto referred to as zangIT Products/Services) as requested to multiple clients. zangIT recognises that we have a responsibility to protect the privacy of each client and to provide to our clients the best products and services we can. To ensure these obligations are met, the following guidelines were designed. All of our clients must agree to and abide by the following policies. In the case that a product or service of zangIT is on sold by our clients to a third party, it is understood that the clients are responsible for any services they sell to others.

Content

All of the zangIT Services provided may only be used for lawful purposes. The transmission, storage, or presentation of any information, data or material that is in violation of any Australian, Federal, State or City law is prohibited. This includes, but is not limited to: any copyrighted material coming from any source, any material we judge to be threatening, immoral or obscene, or any material that is protected by trade secret, trade marking or any other statute. The subscriber / client agrees to indemnify and hold zangIT harmless from any claims resulting from the use / misuse of the service which damages the subscriber or any other party.

All pornographic material and sex-related merchandising is prohibited on all our servers. This includes but is not limited to sites that may infer sexual content, or links to adult content elsewhere. zangIT, and our providers will be the sole arbiter in determining if a client violates this provision. Also prohibited on the zangIT Servers are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. We do not tolerate the use of our servers for the dissemination of any religious, racial or sexually abusive material, any hate or smear campaigns, slogans or information that could be construed as being subversive or in any way detrimental to the safe governance of Australia or its allies, present and future.

Some examples of content or links that zangIT considered unacceptable:

• Pirated software / Warez sites,
• Hacker programs or archives,
• Virus Software,
• Sites with adult or pornographic content,
• Non-Licensed MP3's,
• Viral Marketing,
• Spam or the gathering of data for spam purposes.

The management of zangIT will be the sole arbiter of what it considers to be a violation of this provision.

Disclaimer – zangIT, its management, employees and subsidiary companies and / or businesses and our network providers are not responsible for any damages caused by the services we provide, and other than the 30 day money back guarantee, we make no warranties of any kind, expressed or implied for the services we provide.

The 30 day money back guarantee offered to our clients guarantee states: If for any reason the client is not 100% satisfied with the service or product received and it is still within the 30 day time frame then zangIT will refund the amount in full, less any expenses incurred by the organisation on behalf of the client.

In the case of commercial advertising - email: Spamming, or the sending of unsolicited email, from our server or the use of an email address or domain that is maintained on our server as reference is STRICTLY prohibited. We will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse – zangIT considers it to be a violation of this agreement for any party to attempt to undermine or cause harm to a server, or customer. Any attempt to do so is strictly prohibited. If we consider a violation of any of the aforementioned provisions has taken place we will take appropriate action which may or may not include the suspension of services, moving your site, or even request cancellation if you use a majority of system resources which affects other users.

Refusal of Service – zangIT reserves the right to refuse, cancel, or suspend any service or demand recall of any product produced by or at the direction of zangIT at our sole discretion.

For hosting service plans which specify UNLIMITED disk (storage) space, this pertains only to files required for the normal operation of your website, and which are linked to in that website, that is your web space provided in your account is expressly prohibited from use as an online file repository.

Furthermore, you warrant to zangIT Pty Ltd that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of zangIT Pty Ltd.

Any site that uses greater than 100,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.

For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.

For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages; the account will be subject to review and possible suspension.

All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited: 

Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).

• Running standalone, automated server-side processes including, but not limited to any daemon.
• Running any bit torrent application, tracker or client.
• Participating in file sharing or other peer to peer sharing activity.
• Executing any script for longer than 180 seconds.
• Executing any database query that takes longer than 30 seconds to complete.
• Specifying cron tasks that execute more frequently than every 300 seconds.

All Unlimited Plans consist of an arbitrary disk space and traffic allocation of 9999, this is required by the software being used to provide the service.

All account holder and customers using the products and/or services of zangIT must adhere to the above policies. Failure on the part of a client to follow any term or condition will be grounds for immediate account deactivation.

Payment

zangIT customers who have entered into a monthly payment plan understand that they are on recurring monthly plans that are required to be paid on time every month one month in advance and every month thereafter, until cancellation is advised and agreed by zangIT (includes reseller accounts ). Payment can be made by setting up recurring payments using your paypal account. Should you wish to pay by Cheque or Money Order this will be require to be done so as an annual payment 12 months in advance. If your credit card or eftpos information has changed, then you must notify PayPal immediately so they may change this information. Should you not notify us of a pertinent change zangIT will pass on to you all costs incurred on your behalf, including but not limited to bank fees and charges and merchant facility charges. If on your bill date, your credit card is declined, or payment is not made, you will get a notice that your account will be suspended in 3 days. If after this notice and 3 days has passed your account may be interrupted temporarily and an email will be sent to the address on file to notify you of this problem. If payment is not arranged within 10 days, we will close your account, and any files will be lost. All prices are in Australian Dollars (AU).

Credit Card

We accept payment via Mastercard or Visa.  Once the credit card details are entered into the system, they are encrypted and held in a secure environment.  The system will automatically charge your credit card for either monthly or annual hosting fees as well as any excess usage fees or automatically renewable domains that may be associated with your account.  It is the clients responsibility to ensure the credit card information is always up to date to prevent the hosting system from being suspended due to non-payment.  Email notifications will be sent out should payment not process in any given month, so it is a good idea to have a seperate email address under your billind profile to the one being hosted on our servers to ensure that the emails continue to come through should payment fail.

Pay Pal Payments

We are happy to accept payment through PayPal. We offer Pay Pal to process payments  to those who either do not have a credit card or who do not like using credit cards in the traditional fashion.  Pay Pal have various fraud prevention methods to protect you as the customers. This includes tracking the IP number and ISP of the person who is using the credit card, verifying the card matches the Post Code and Address of the cardholder.

Fruadulent Activity

If anyone attempts to obtain services using a fraudulent or unauthorized credit card, your hosting account will be terminated without warning, we will have the right to place an 'account suspended' page on your IP, and we will cooperate with authorities to report the incident and the information used to obtain the account including your domain name. We will also bill you for all charges to us, including but not limited to bank fees and charges and merchant fees, we take credit card fraud very seriously. If you have received a credit card statement with our name on it, and did not order our services, please email support@zangit.com.au  immediately. Your credit card statement will be billed as "zangIT". Every month each domain will be billed on the same day that the account was setup.

Cancellation

If for any reason you are not satisfied with the products and or services you have purchased from zangIT, please let us know. We aim to create products and services that are simple for the customer to use and our highest priority is to create happy customers who ‘RAVE’ about our products. If for some reason we cannot meet your needs, you may notify us in writing and we will discontinue billing your account. No refunds are issued for hosting services already paid for (unless within the 30 day guarantee time frame). To cancel your account, email us at accounts@zangit.com.au and provide us with your domain name, username and method of billing that we have on file for verification. You will receive a reply confirming that the account has been cancelled within 24 hours, which will then indicate the account has been terminated.

New domain registrations are final once submitted, however you may transfer your domain to another provider if you wish. Once you have submitted your order for a domain name it is registered and not reversible. We cannot refund the domain registration charges.