ZestHost Hosting Terms and Conditions

The following terms and conditions apply to all ZestHost Windows and Linux hosting accounts.

Throughout this document references to ZestHost refer to both hosting accounts sold by ZestHost directly, and those sold through resellers on ZestHost's equipment.

1. Hosting accounts provided by ZestHost may not be used to host material to which the user does not own the copyright to, or have prior permission from the owner of the copyright to distribute. This includes the distribution of MP3 files, software, and other pirate material.
1.1 In addition to this, the hosting account may not be used to host utilities to aid the violation of a copyright licence, such as software cracks and key generators.
1.2 ZestHost reserve the right to question any user as to the copyright ownership of material displayed on a user's hosting account, and reserve the right to suspend accounts if violation of copyright is suspected.

2. Hosting accounts provided by ZestHost may be used to host adult material, provided the material complies with the copyright rules laid out in section 1.
2.1 Adult material that violates US laws will not be tolerated. Any user hosting material found to be in violation of US laws will immediately have their account terminated with no refund and their details will be passed on to the US authorities.

3. Hosting accounts provided by ZestHost are provided on shared machines, therefore a user found to be consuming excessive resources, or causing a denial of service to other users will be suspended pending an investigation into the cause of the problem.
3.1 Any user found to have deliberately caused a denial of sevice to other users will have their account terminated with no refund for the remainder of the hosting period.
3.2 Any user found to be launching attacks against other ZestHost servers or remote servers from ZestHost servers will have their account cancelled with no refund for the remaining hosting period.

4. ZestHost is not legally liable for the data that is hosted by a user.
4.1 Any opinions put forward in material hosted on a ZestHost server are not representative of the views of the staff, or company as a whole.
4.2 By signing up for a ZestHost hosting account the user automatically agree to pay for any legal fees or claims by a third party of loss or damage that result from an action originating from the material hosted on their account.
4.3 ZestHost is not legally liable for losses and/or damage to a company that may be a result of downtime on the ZestHost servers. While ZestHost shall attempt to provide the most reliable service possible, no guarantees as to the uptime of a server are made as part of this contract.

5. ZestHost reserve the right to invoice the user for any additional charges that they may incur because of the usage of their hosting account.
5.1 ZestHost reserve the right to invoice users for additional bandwidth at a rate of $1 per gigabyte over the limit of their service plan. Users shall be informed if their site is exceeding acceptable traffic levels and given the option of having there site suspended until the next billing period to avoid any charges. Users should be aware that this traffic includes FTP usage.

6. ZestHost hosting accounts shall not be used for the sending of unsolicited bulk messages (also known as spam) via any medium.

7. It is strictly not possible to issue any refund what so ever for all domain name registrations.
7.1 All annual accounts are significantly discounted over our monthly accounts, due to this it is not possible to issue refunds for remaining months should you wish to cancel mid way through your billing cycle; by purchasing an annual account you are entering a 1 year contract with ZestHost.
7.2 Refunds are not available on account extras or addons.

8. ZestHost reserve the right to close a accounts at any time without prior notice to the user.

9. ZestHost reserve the right to make amendments to these Terms and Conditions without notification to the user.

10. ZestHost and their staff reserve the right to deal with any circumstances that arise in a way that is deemed to be suitable at the time.