Terms of Service (TOS)...

Introduction

This Terms of Service is an agreement between Customer and Zephyr Enterprises ("Agreement") and applies to Customer's account(s) with Zephyr Enterprises. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. Zephyr Enterprises may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.

General Provisions

While using Services provided by Zephyr Enterprises, you agree to the following terms and conditions.

Definitions

"We" "Us" "Provider" or "Zephyr Enterprises" refers to Zephyr Enterprises, DBA; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with Zephyr Enterprises.

Eligibility

Customer hereby represents that he, she or it, is either an individual entering this agreement for his or her personal use, or is a corporation or other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.

Services Provided by Zephyr Enterprises

Zephyr Enterprises will rent Internet server space ("Services") to its customers for the purpose of allowing customers to provide internet content to the general public. The Services allow Zephyr Enterprises customers to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. Zephyr Enterprises customers will use the provided Services in a manner consistent with all applicable State and Federal laws. Zephyr Enterprises will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced in our Acceptable Use Policy are violated, Zephyr Enterprises may immediately terminate Customer's account(s) without notice. Zephyr Enterprises will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

Payment

The client agrees to make payments to Zephyr Enterprises for usage of the aforementioned services. Each client will be held to an individual billing plan depending on the respective service and choice of billing cycle. The client agrees that payment will be given on time. Zephyr Enterprises reserves the right to suspend and/or terminate services for unpaid bills.

Disclaimer of Warranty

You agree to use the Services and any information obtained through or from Zephyr Enterprises at your own risk. You acknowledge and agree that Zephyr Enterprises exercises no control over, and accepts no responsibility for, the content of information passing through Zephyr Enterprises' host computers, network hubs, or points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. ZEPHYR ENTERPRISES MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. ZEPHYR ENTERPRISES MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. ZEPHYR ENTERPRISES EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY ZEPHYR ENTERPRISES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY ZEPHYR ENTERPRISES PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

Zephyr Enteprises is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of Zephyr Enterprises. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by Zephyr Enteprises.

Limitation of Liability

You agree that Zephyr Enterprises will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to Zephyr Enterprises at the time) which may exist in the Services or in Zephyr Enterprises' equipment used to provide the Services.

Under no circumstances will Zephyr Enterprises be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. Zephyr Enterprises will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Zephyr Enterprises' records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, Zephyr Enterprises' maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

Right to Refuse Service

At its sole discretion, Zephyr Enterprises has the right to refuse any and all service or services to any applicant, Customer, Client whether it be an individual or legal entity.

Indemnification

Customer agrees to indemnify, defend and hold harmless Zephyr Enterprises, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

Force Majeure

Zephyr Enteprrises will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Entire Agreement; Severability

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.