1. General Terms. In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
2. Agreement for Services.
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:
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: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO I/O ZOOM ARE NONREFUNDABLE.
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 30-day money-back guarantee on fees for hosting services only (the “30-Day 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 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 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day 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:
The 30-Day Guarantee is subject to all of the following limitations:
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 30-Day Guarantee. The 30-Day 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:
10. 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:
11. 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.
12. 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
12.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
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.
Unless otherwise specified in this Agreement, notices to I/O Zoom shall be sent to the following address:
I/O Zoom, LLC Attention: Legal Notices 11205 Bellaire Blvd., Suite B-22 Houston, TX 77072
19. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
20. Currency. All monetary amounts to which this Agreement refers shall be in United States dollars.
21. 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.
22. No Oral Modification of this Agreement. This Agreement may not be modified orally.
24. 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.
25. Choice of Law. For all purposes, this Agreement shall be deemed to have been made within the State of Texas, 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 Texas, without regard to Texas’ 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, Texas, or to the United States District Court for the Southern District of Texas, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
26. 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.
27. 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.
28. 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.
29. Denial of Service I/O Zoom reserves the right to refuse or discontinue service to anyone at our sole discretion.
30. Abuse of I/O Zoom Staff or Support Personnel.