HostZera, LLC – Terms of Service
These Terms of Service (the “Agreement”) are an agreement between HostZera, LLC (“HostZera“, “we“, “us“, or “our“) and you (“User“, “you“, or “your“). This Agreement sets forth the general terms and conditions of your use of the products and services made available by HostZera and of the hostzera.com website (collectively, the “Services“).
By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
1. Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement and form part of it. By using the Services, you also agree to the terms of the following policies:
- Payment / Refund Policy
- Privacy Policy
- Acceptable Use Policy
- Anti-Spam Policy
- Domain Registration Agreement
Additional terms may apply to certain Services and are incorporated by reference where applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you.
2. Account Eligibility
By registering for or using the Services, you represent and warrant that:
- You are eighteen (18) years of age or older.
The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of, or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. - If you use the Services on behalf of a legal entity or another party, you represent and warrant that you are authorized to bind such party to this Agreement and to act on its behalf in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on registration forms, including an email address that is different from the domain you are signing up under.
- If there is ever an abuse issue or we need to contact you, we will use the primary email address on file.
- It is your responsibility to ensure that the contact information for your account (including domain-related contact information) is accurate and up to date at all times.
HostZera is not responsible for any lapse in the Services, including, without limitation, lapsed domain registrations caused by outdated contact information. If you need to verify or change your contact information, please contact our sales team via email or update your details through the HostZera Billing and Support System.
Providing false contact information of any kind may result in termination of your account.
For dedicated server purchases or in certain other cases, you may be required to provide government-issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide this information may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions taken through your account. You are responsible for maintaining the confidentiality of your password and any other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with applicable registry policies. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
3. Transfers
Our Transfers Team will make every reasonable effort to help you move your website to us. Transfers are provided as a courtesy for up to 10 cPanel accounts (additional migrations may be charged at our standard hourly admin rate).
- We must be able to obtain a full cPanel backup from your current host.
- The compressed account size must not exceed 1 GB.
We reserve the right to discontinue or modify our transfer policy at any time.
We do not guarantee:
- The availability of transfer services
- The possibility of transfer
- The time required to complete a transfer
Each hosting provider is configured differently, and some platforms may store data in formats that are incompatible or proprietary, making migration difficult or impossible. In some cases, we may not be able to assist with a transfer.
Where offered, any free transfer service is available for 30 days from your signup date. Transfers outside the 30-day window may incur a charge. Please contact our Transfers department for a quote.
In no event shall HostZera be held liable for lost or missing data or files resulting from a transfer to or from HostZera. You are solely responsible for backing up your data in all circumstances.
4. HostZera Content
Except for User Content (as defined below), all content available through the Services, including but not limited to designs, text, graphics, images, video, information, software, audio, and other files, and their selection and arrangement, as well as all software used to provide the Services (collectively, “HostZera Content”), are the proprietary property of HostZera or its licensors.
HostZera Content may not be:
- Modified
- Copied
- Distributed
- Framed
- Reproduced
- Republished
- Scraped
- Displayed
- Posted
- Transmitted
- Sold or exploited
for any purpose, in any form or by any means, in whole or in part, except as expressly permitted in this Agreement.
You may not directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any HostZera Content.
Any unauthorized use of HostZera Content will automatically terminate your rights to use the Services and such Content. All rights not expressly granted in this Agreement are reserved by HostZera and its licensors.
5. User Content
You may be able to upload, store, publish, display, and distribute information, text, photos, videos, and other content on or through the Services (collectively, “User Content“). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites“).
You are solely responsible for:
- Any and all User Content
- Any transactions or activities conducted on or through User Websites
By posting or distributing User Content through the Services, you represent and warrant to HostZera that:
- You have all necessary rights to post or distribute such User Content; and
- Your posting or distribution does not infringe or violate any third party’s rights.
You may not use your /home/ directory as a storage location for backups, including but not limited to cPanel/WHM/third-party application backups.
- All websites on eligible plans are automatically backed up nightly to third-party locations (where applicable).
- If you would like to conduct your own backups, you must purchase additional storage from us (pricing and capacity as offered by HostZera at the time).
HostZera reserves the right, at our sole discretion, to remove any files that violate this policy. Users who violate this policy may be subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you grant HostZera a non-exclusive, royalty-free, worldwide license to:
- Use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and
- Make archival or backup copies of User Content and User Websites.
Except for the limited rights expressly granted above, HostZera does not acquire any ownership in User Content. All rights in and to User Content remain solely with you.
HostZera does not control and is not responsible for User Content or for the content of any information passing through HostZera’s systems, networks, or the Internet. HostZera does not monitor User Content. However, you acknowledge and agree that HostZera may, but is not obligated to, take corrective action in its sole discretion, including:
- Removing all or part of User Content or User Websites
- Suspending or terminating some or all Services, without refund
You agree that HostZera shall have no liability for any corrective action it may take.
6. Third-Party Products and Services
a. Third-Party Providers
HostZera may offer third-party products and services. Such products and services may be subject to additional terms and conditions of the third-party provider.
- Discounts, promotions, or special offers from third parties may have their own restrictions and limitations.
- You must confirm the specific terms of purchase and use with the applicable third-party provider.
HostZera makes no representations or warranties and assumes no liability with respect to the quality, availability, or timeliness of goods or services provided by third-party providers. You transact with such providers at your own risk.
HostZera is not an agent, representative, trustee, or fiduciary of you or any such third-party provider.
b. HostZera as Reseller or Licensor
HostZera may act as a reseller or licensor of certain third-party services, hardware, software, and equipment used in connection with the Services (“Non-HostZera Products”).
HostZera is not responsible for any changes to the Services that cause any Non-HostZera Products to become obsolete, require changes, or otherwise affect their performance.
Any malfunction or defect in Non-HostZera Products, whether sold or licensed to you by HostZera, shall not be deemed a breach of HostZera’s obligations under this Agreement. Any rights or remedies you have regarding Non-HostZera Products are limited to those provided by the manufacturer or licensor.
You may use any Non-HostZera Product supplied by HostZera only in connection with your use of the Services as permitted under this Agreement. You may not copy, alter, reverse engineer, tamper with, resell, transfer, export, or re-export any Non-HostZera Product or related technical data in violation of applicable law.
c. Third-Party Websites
The Services may contain links to websites not owned or controlled by HostZera (“Third-Party Sites”), as well as content belonging to or originating from third parties (“Third-Party Content”).
- HostZera is not responsible for any Third-Party Sites or Third-Party Content accessed through the Services.
- We do not monitor or verify Third-Party Sites or Content for accuracy, appropriateness, or completeness.
If you choose to access Third-Party Sites or use Third-Party Content, you do so at your own risk. You should review the applicable terms, privacy policies, and data practices of any third-party website you visit.
7. Prohibited Persons (Countries, Entities, and Individuals)
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC“), prohibits U.S. companies from engaging in certain commercial activities with:
- Specific sanctioned countries (“Sanctioned Countries“); and
- Certain individuals, organizations, or entities, including those listed as Specially Designated Nationals (“SDNs”).
If you are located in a Sanctioned Country or listed as an SDN, you are prohibited from registering, subscribing to, or using the Services.
Unless explicitly permitted, HostZera also does not register or allow use of any of our Services in connection with country-code top-level domains (“ccTLDs”) for any Sanctioned Country.
8. Account Security and HostZera Systems
You are responsible for ensuring that scripts and programs installed under your account are secure and that directory permissions are correctly set, regardless of installation method.
- Where possible, directory permissions should be set to 755 or as restrictive as reasonably possible.
- You are responsible for all actions taken under your account, including compromised credentials.
You are required to use a strong password. If you use a weak password, your account may be suspended until you update your password. We may perform audits to identify weak passwords. If your password is found to be weak, we will notify you and give you an opportunity to update it.
The Services, and all related equipment and networks, are provided only for authorized customer use. HostZera may, but is not obligated to, monitor its systems to:
- Confirm authorized use
- Protect against unauthorized access
- Verify security procedures and operational stability
During monitoring, information may be examined, recorded, copied, and used for authorized purposes. By using the Services, you consent to such monitoring.
Any account found connecting to a third-party network or system without authorization is subject to suspension. Access to networks or systems outside of your control requires express written consent from the third party. HostZera may request documentation to prove authorized access.
Any compromised account may be disabled and/or terminated. If you do not clean up your account after being notified of an issue, we may keep your account disabled. Upon your request, HostZera may clean up your account for an additional fee.
HostZera reserves the right to migrate your account from one data center to another to comply with data center policies, local law, or for technical or operational reasons, without prior notice.
9. HIPAA Disclaimer – We Are Not “HIPAA Compliant”
You are solely responsible for complying with any laws governing privacy and security of personal data (including health or medical data).
You acknowledge that the Services are not intended for storage or handling of sensitive data such as:
- Protected health information
- Information about children
- Other highly sensitive personal data
HostZera does not monitor the type of data you store or transmit via the Services and makes no representation that the Services comply with HIPAA or similar laws.
Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using the Services for such purposes. Doing so is a material breach of this Agreement and grounds for immediate termination.
We do not sign Business Associate Agreements, and you agree that HostZera is not a Business Associate or subcontractor under HIPAA.
If you have questions about data security, please contact: info@hostzera.com
10. Compatibility with the Services
You agree to cooperate fully with HostZera in connection with the provision of Services. It is solely your responsibility to provide any equipment or software necessary to use the Services.
To the extent our performance depends on your actions, HostZera is not responsible for delays caused by your failure to perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with HostZera’s hardware and software, which may be updated from time to time.
You are solely responsible for backing up all User Content, including User Websites. HostZera does not warrant that any User Content is backed up, and you accept the risk of data loss.
11. Billing and Payment Information
a. Multiple Accounts
Users may not create multiple accounts to abuse “new customer” discounts. Accounts in violation may be suspended until all outstanding invoices are paid. Abuse of discount programs may result in termination without refund.
b. Prepayment
You are responsible for ensuring that your payment information is current and that invoices are paid on time. You agree to pay for Services in advance of the period during which they are provided.
Subject to applicable law, payments received are applied first to the oldest outstanding invoice.
c. Autorenewal
Unless otherwise stated, you agree that your Services will be billed on an automatically recurring basis to prevent service interruption, using your payment method on file, until you notify HostZera of cancellation.
d. Taxes
Fees listed for Services do not include applicable taxes. Any sales, use, excise, or other taxes imposed by a taxing authority will be added to the invoice as a separate charge. All fees are non-refundable, unless otherwise stated.
e. Late Payment
All invoices must be paid within four (4) days of the due date. Any invoice unpaid after four days may result in suspension or termination of Services.
Access will not be restored until payment has been received. If you fail to pay, HostZera may suspend or terminate your account and may pursue collection costs, including arbitration, legal fees, and reasonable attorneys’ fees.
We will not activate new orders or packages for customers with an outstanding balance.
f. Domain Payments
It is your responsibility to notify HostZera Billing via support ticket from your HostZera Client Area after purchasing a domain, and to manage any cancellations or renewals.
Domain renewal notices are a courtesy only. HostZera is not responsible for the failure to renew a domain or notify you of renewal dates. Domain renewals are billed and processed 30 days before the renewal date.
g. Fraud
Misuse or fraudulent use of payment methods (credit cards, bank transfers, etc.) is a violation of this Agreement. HostZera may report such activity to authorities, financial institutions, or credit providers.
h. Invoice Disputes
You have 90 days to dispute any charge or payment processed by HostZera. For questions about charges, contact our billing department.
12. Money-Back Guarantee
HostZera may offer a 30-day money-back guarantee on certain hosting services (where stated on our website).
Subject to the terms of this Agreement:
- If you are not satisfied and you terminate your eligible hosting account within 30 days of signup, you may receive a refund of hosting fees paid, minus any setup fees and any non-refundable services.
- This guarantee applies only to hosting fees and does not cover administrative fees, installation fees, license fees, or additional services.
(If you later add or change guarantee terms for HostZera plans, you can adjust this section.)
13. Cancellations and Refunds
a. Payment Method
No refunds will be issued for payments made via:
- Bank wire transfers
- Western Union
- Checks
- Money orders
Any eligible credit will, instead, be applied to your hosting account.
b. Refund Eligibility
Refunds typically apply only to first-time accounts. If you have held an account previously, canceled, and signed up again, or opened multiple accounts, you may not be eligible for a refund.
Violations of this Agreement void refund rights.
c. Non-Refundable Products and Services
No refunds are available for:
- Domain names
- Dedicated servers
- Administrative fees
- License fees
- Custom software installation fees
Domain refunds may be considered only if the domain was ordered with a hosting package and are at HostZera’s sole discretion. Any domain refund will be reduced by the current market value of the TLD. Purchases of ccTLDs are non-refundable.
d. Cancellation Process
You may cancel Services by submitting a cancellation form through the HostZera system.
Upon cancellation:
- You remain responsible for all fees accrued prior to the effective date of cancellation.
- No refund will be given for unused service periods except as permitted under any applicable money-back guarantee.
You will receive written confirmation (typically by email) that your account has been canceled. If you do not receive a confirmation email promptly, you must contact us.
We require cancellations via the online form in order to:
- Confirm your identity
- Confirm that you are prepared for deletion of files, emails, and data
- Maintain documented proof of your request
Cancellations for shared accounts become effective on the account’s renewal date, unless otherwise agreed.
e. Domains
Domain renewals are processed 30 days before the renewal date. To cancel a domain, you must notify Billing at least 30 days prior to renewal. No refunds are issued once a domain is renewed. All domain registrations and renewals are final.
f. Foreign Currencies
Refunds are processed in U.S. dollars. Exchange rate fluctuations are your responsibility; HostZera is not liable for any change in currency value between payment and refund.
14. Termination
HostZera may terminate your access to the Services, in whole or in part, without notice, if:
- You fail to pay any fees due;
- You violate this Agreement;
- Your conduct may harm HostZera or others or create liability, as determined in our sole discretion; or
- As otherwise provided in this Agreement.
In such event:
- HostZera shall not refund fees paid in advance;
- You remain responsible for all fees accrued up to termination;
- We may charge you for Services for the remaining portion of the then-current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE PERMANENTLY DELETED.
15. CPU, Bandwidth, and Disk Usage
a. Permitted Usage
All use of hosting resources is subject to this Agreement and the Acceptable Use Policy.
On shared hosting:
- Disk space is for web files, active email, and content of User Websites only.
- It may not be used for general storage, backups, or file archives.
HostZera reserves the right to review accounts for excessive usage of CPU, disk, or other resources. We may, at our discretion:
- Terminate or restrict access to the Services
- Apply additional fees
- Remove or delete User Content
for accounts found in violation.
b. VPS Managed Services
Manually installing modules and bypassing control panel tools may invalidate certain management or support services.
c. Bandwidth Usage
Shared servers may have high or unmetered bandwidth allowances, subject to fair use and our policies as stated on the website.
d. Uptime Guarantee
If your shared server experiences physical downtime below our published uptime guarantee (e.g., 99.9%), you may be eligible for service credits, at our discretion and subject to proper justification.
- This guarantee does not cover scheduled maintenance.
- Third-party uptime monitors are not accepted as definitive proof.
To request a credit, you must open a billing ticket via the HostZera Client Area.
16. Price Changes
HostZera reserves the right to change prices, monthly fees, or other charges at any time. We will provide at least 30 days’ notice before charging you under any new pricing.
You are responsible for regularly reviewing billing information provided by HostZera.
17. Coupons
Discounts and coupon codes are reserved for first-time customers or first-time accounts, unless otherwise specified.
- Coupons may not apply to domain registrations unless explicitly stated.
- Abuse of coupon systems may result in charges, suspension, or termination.
All coupons and discounts are valid only toward the initial purchase and do not affect renewal pricing.
18. Limitation of Liability
IN NO EVENT WILL HOSTZERA, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY USER CONTENT, USER WEBSITES, OR MATERIALS ACCESSED THROUGH THE SERVICES, EVEN IF HOSTZERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, HOSTZERA’S TOTAL LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE AMOUNT PAID BY YOU TO HOSTZERA FOR THE SERVICES DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT.
19. Indemnification
You agree to indemnify, defend, and hold harmless HostZera, our affiliates, and their respective officers, directors, employees, and agents (the “Indemnified Parties“) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, and expenses (including reasonable attorneys’ fees) arising out of:
- Your use of the Services;
- Your breach of this Agreement; or
- Any acts or omissions by you.
These obligations survive termination of this Agreement.
20. Arbitration
By using the Services, you agree to submit disputes to binding arbitration before the American Arbitration Association (“AAA”), under its applicable rules, in the location and manner described in this Agreement (or as updated by HostZera).
(You can keep the same structure as the original or adapt the exact location/jurisdiction details as you prefer for HostZera’s legal setup.)
21. Governing Law; Class Action Waiver; Opt-Out
(Structure remains the same as the original: confidential arbitration, venue, time limits for claims, opt-out procedure, and class action waiver. You can plug in the exact city/jurisdiction you want HostZera to use, or keep the same as the original if it matches your legal entity.)
22. Disclaimer
HOSTZERA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. HOSTZERA MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, FOR THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
We do not guarantee that the Services will be uninterrupted or error-free. You bear all risk for use of the Services.
23. Backups and Data Loss
Your use of the Services is at your sole risk.
- Any backup services provided by HostZera are offered as a courtesy only and may be changed or discontinued at any time.
- HostZera is not responsible for files or data on your account.
You are solely responsible for maintaining your own backups.
24. Limited Warranty
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY PROVIDED HEREIN, HOSTZERA AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
- The Services will be uninterrupted, error-free, or completely secure;
- The results obtained from using the Services will be accurate or reliable;
- Any information obtained through the Services is accurate or complete.
These terms survive termination.
25. Disclosure to Law Enforcement
HostZera may disclose User information to law enforcement agencies pursuant to lawful requests, investigations, or as otherwise required by law, without further notice to you, in accordance with our Privacy Policy.
26. Entire Agreement
This Agreement, along with documents incorporated by reference, constitutes the entire agreement between you and HostZera and supersedes all prior agreements regarding the subject matter.
27. Headings
Headings are for convenience only and do not affect interpretation.
28. Changes to the Agreement or the Services
HostZera may modify, add, or remove portions of this Agreement at any time.
- If significant changes are made, we may post a notice on our website and update the “last revised” date.
- Changes are effective when posted unless stated otherwise.
Your continued use of the Services after changes are posted constitutes your acceptance of the revised Agreement.
HostZera also reserves the right to modify, change, or discontinue any aspect of the Services at any time.
29. Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
30. Waiver
No failure or delay by either party in exercising any right shall operate as a waiver of that right.
31. Assignment; Successors
You may not assign this Agreement without HostZera’s prior written consent. Any unauthorized assignment is null and void.
HostZera may assign its rights and obligations under this Agreement and may use subcontractors or agents without your consent.
This Agreement is binding upon the parties and their respective successors and permitted assigns.
32. Force Majeure
Neither party is liable for delays or failures in performance (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, or failures of third-party services.
33. Electronic Notices
By using the Services, you agree to receive communications from HostZera electronically (including via email, the dashboard, or our website). You agree that all agreements, notices, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
34. Third-Party Beneficiaries
Except as expressly provided, nothing in this Agreement is intended to grant rights to any third party. However, suppliers of third-party products or services identified as third-party beneficiaries may enforce applicable provisions directly.