Terms Of Service (TOS)

Last Updated 10/12/2022

By submitting the online order form, or by using I/O Zoom’s a Railhead, Inc. entity services, Customer hereby agrees to I/O Zoom’s Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to I/O Zoom LLC, a Virginia corporation, and all its parents, subsidiaries, successors, and assigns. The usage of “you”, “your”, “they”, and “them” shall refer to the Customer of I/O Zoom.

Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, “I/O Zoom” shall refer to I/O Zoom LLC, a Virgnia corporation, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, “I/O Zoom” and “I/O Zoom LLC” shall have the same meaning and shall be interchangeable.

Customer agrees that it shall comply with this TOS, I/O Zoom’s Acceptable Use Policy (AUP), and I/O Zoom’s No-Spam Policy (NSP). Customer further agrees that it has read I/O Zoom’s Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. General Terms. In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:

  • 1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
  • 1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order I/O Zoom’s service for a certain minimum period of time.
  • 1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable. Customer is entitled to one refund under the money-back guarantee as noted in section 6.
  • 1.4. Non-Payment of services shall result in a 2-day notice of disconnection. All payment failures must be cured within 3 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 10 days.
  • 1.4.1. Non-Payment of dedicated servers by renewal date will result in immediate termination.
  • 1.5. I/O Zoom is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for I/O Zoom’s services.
  • 1.6. Customers agree to pay all taxes applicable to your account.

2. Agreement for Services.

  • 2.1. I/O Zoom will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

3. Payment.

  • 3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to I/O Zoom.
  • 3.1.1. Customer must pay in full for the Services before I/O Zoom begins to provide the Services to Customer. Invoices are generated 7 days before renewal and customer agree recurring billing will be billed and charged automatically on the due date of the invoice and that I/O Zoom may apply the amount due at any time.
  • 3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
  • 3.2. Payment is due on the defined monthly recurring billing date of each month. Service will be interrupted on accounts that reach 3 days past due. Accounts that are not collectable by I/O Zoom will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to I/O Zoom a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.

4. Delinquent Accounts.

I/O Zoom may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which I/O Zoom may be entitled under this Agreement or under applicable law.

5. Account Cancellation.

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the I/O Zoom Web site. You can find the “Cancellation Request Form” after logging into the client portal at the following link:

https://www.iozoom.com/client/clientarea.php

Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.

Paypal paying customers cancelling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form. Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that I/O Zoom does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

6. Refunds and Disputes.

IMPORTANT NOTICE: BITCOIN and Cryptocurrency payments are NON-REFUNDABLE.

All payments to I/O Zoom, LLC are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in I/O Zoom’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

Without waiving any of its other rights under this Agreement, I/O Zoom LLC offers to its Customers a 7 and 30-day money-back guarantee on fees for hosting services only (the “Money-Back Guarantee”) depending on the service purchased as noted below.

All VPS services are entitled to a 7 day money back guarantee.

All shared hosting services are entitled to a 30 day money back guarantee.

Managed cloud hosting are excluded from the money back guarantee.

Dedicated servers are excluded from the money back guarantee.

If for any reason you cancel your account by filling in the account cancellation form and submitting it to I/O Zoom, LLC, within seven (7) or thirty (30) days of the beginning of your service, I/O Zoom, LLC will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the Money-Back Guarantee. If you have ever previously obtained a refund under the Money-Back Guarantee, your account will be canceled, but no money will be refunded to you.

Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:

  • Setup fees,
  • Fees for domain name registrations,
  • SSL certificate fees,
  • Any add-on services, features, software, and
  • Any other fees for services involving a third party.

The Money-Back Guarantee is subject to all of the following limitations:

IMPORTANT NOTICE: BITCOIN and Cryptocurrency payments are NON-REFUNDABLE. If you choose to pay with BITCOIN or Cryptocurrency you are waiving the Money-Back Guarantee.

  • You are entitled to a maximum of one (1) Money-Back Guarantee.
  • If you do not cancel your account within seven (7) or thirty (30) days of the beginning of your service, your right to the Money-Back Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of I/O Zoom, LLC.
  • You may not transfer or assign the Money-Back Guarantee to any third party.
  • You agree that you will not circumvent the restrictions on the Money-Back Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
    • Creating multiple accounts, using the same customer name or different customer names;
    • Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
    • Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
    • Knowingly providing false or misleading information when you register for your account; or
    • Requesting a refund under the Money-Back Guarantee at any time after you have already received a refund under that guarantee;
    • If you use more than 100 GB of total bandwidth or the target of a DDoS attack during the Money-Back Guarantee period.
  • If you violate any provision above or any of the following policies of I/O Zoom, you will not be eligible for the Money-Back Guarantee:
    • Terms of Service (TOS);
    • Acceptable Use Policy (AUP); or
    • No-Spam Policy (NSP).

Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional Money-Back Guarantee. The Money-Back Guarantee only applies to your first VPS or Shared Web hosting services from I/O Zoom, LLC and does not apply to any changes to your service at any time.

7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

8. I/O Zoom reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:

9. Backups.

  • 9.1 Customers are responsible for maintaining their own backups on their own personal computers or other computers.
  • 9.2 I/O Zoom does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that I/O Zoom’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of I/O Zoom or any of its employees or agents, and regardless of whether I/O Zoom had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
  • 9.3 In the event that you need to recover data from a backup, I/O Zoom will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, I/O ZOOM DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
  • 9.4 You understand and agree that I/O Zoom’s backup policy does not create any warranties for whose breach I/O Zoom can be held liable.

10. Hourly Pricing

The hourly pricing listed on IO Zoom for our managed cloud vps service is determined by dividing the monthly rate by 672 hours (24 hours per day in a 28 day month). If your managed cloud server is online for more than 672 hours you will not be billed more than the monthly price.

11. Bandwidth Usage  

The monthly bandwidth usage allowance is determined by your plan which you signed up. If you exceed your monthly bandwidth allowance your account will automatically be suspended.

We reserve at our sole discretion to take action should any usage cause a negative impact to our service including but not limited to the following:

  • Rate limit the bandwidth that customers can send and/or receive.
  • Adjust pricing on bandwidth to market rate.

12. Customer agrees to defend, indemnify, and hold harmless I/O Zoom, and the parents, subsidiaries, successors, assigns, employees and agents of I/O Zoom against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

13. I/O ZOOM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF I/O ZOOM’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

13.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

14. I/O ZOOM PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. I/O ZOOM DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND I/O ZOOM SHALL HAVE NO LIABILITY THEREFOR.

15. TO THE MAXIMUM EXTENT PERMITTED BY LAW, I/O ZOOM DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

16. I/O ZOOM DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

17. No Waiver of Rights by I/O Zoom. Any failure by I/O Zoom to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of I/O Zoom’s rights.

18. Arbitration. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.

19. Notices.

  • 19.1. From I/O Zoom to Customer.

    I/O Zoom will notify you by e-mail of any notices that I/O Zoom is required to provide to you under this Agreement, at the most current e-mail address you have provided to I/O Zoom.

    By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that I/O Zoom has your most current e-mail address, and I/O Zoom shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that I/O Zoom sends to the most current e-mail address you have provided to I/O Zoom.

  • 19.2. From Customer to I/O Zoom.

    Unless otherwise specified in this Agreement, notices to I/O Zoom shall be sent to the following address:

    I/O Zoom, Attention: Legal Notices 13800 Coppermine Rd, Suite 100, Herndon, VA 20171

20. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.

21. Currency. All monetary amounts to which this Agreement refers shall be in United States dollars.

22. Entire Agreement. This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and I/O Zoom, and supersedes any prior or previous agreements between you and I/O Zoom with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which I/O Zoom notifies you from time to time, pursuant to this Agreement.

23. No Oral Modification of this Agreement. This Agreement may not be modified orally.

24. Assignment.

  • 24.1 Customer shall not assign or attempt to assign its obligations under this Agreement without I/O Zoom’s prior and express written consent to such assignment.
  • 24.2. I/O Zoom may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

25. Consent to Jurisdiction; Venue. Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined by I/O Zoom.

26. Choice of Law. For all purposes, this Agreement shall be deemed to have been made within the State of Virginia, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Virginia, without regard to Virginias’ choice of law and conflicts of law rules, and I/O Zoom and Customer each submit to the exclusive jurisdiction of the courts of Harris County, Virginia, or to the United States District Court for the Fairfax District of Virginia, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.

27. Force Majeure. I/O Zoom shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of I/O Zoom.

28. Severability of Terms of this Agreement. In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

29. Limitation of Actions Arising Under this Agreement. Any cause of action you may have with respect to I/O Zoom’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

30. Denial of Service I/O Zoom reserves the right to refuse or discontinue service to anyone at our sole discretion.

31. Abuse of I/O Zoom Staff or Support Personnel.

  • 31.1. At I/O Zoom, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
  • 31.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere.
  • 31.3. Abusive conduct includes, but is not limited to, the following behaviors:
    • Repeatedly addressing members of our staff in a demeaning or rude manner;
    • Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
    • Yelling or shouting at our staff;
    • Deliberately using all capital (uppercase) letters in any written communication to our staff;
    • Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
    • Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.