Terms Of Service

Zircon Host Terms of Service

Zircon Host provides web hosting services to clients in Sri Lanka, and we have a responsibility to protect each client and to provide the best services available. All clients who use services of Zircon Host are subject to the following terms of service:

Indemnification Policy

You agree to use all Zircon Host services and facilities at your own risk. Zircon Host specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Zircon Host be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Zircon Host harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Zircon Host, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Zircon Host against liabilities arising out of: Any injury, damage or loss to a person or property caused by any products sold or otherwise distributed in connection with Zircon Host’s server. Zircon Host reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Zircon Host’s server. Zircon Host shall be the sole judge of what violates this Policy.

Cancellations

Cancellation requests must be submitted through the client area prior to the due date. To do this, click the icon next to the package you wish to cancel then press ‘Request Cancellation’. You must then complete and submit the form.

Choosing an immediate cancellation means your service will be terminated with 24 hours of submitting the form.

No other forms of cancellation are accepted.

Refund Policy

If you are unhappy with any aspect of our service, please contact our support department who will attempt to rectify the situation. If the problem cannot be fixed and you are unhappy with the service, you are entitled to a refund within 15 days. There are no refunds past the 30 day period.

  • – No refunds will be made if we terminate your hosting or other services due to violation of our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights.
  • – Credit on your account cannot be refunded and must be used for purchases and renewals.
  • – Accounts purchased under a promotion, with or without a promo code, are excluded from the 30 day money back guarantee.
  • – Any funds sent to Zircon Host which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
  • – Refunds will only be issued for your first order with us and you will not be eligible for any refund if you place more than one order with us.

Late Payment Policy

All accounts are billed according to the dates they were first activated on. Accounts which are not renewed 7 days after the renewal date will be disabled. If the account is not renewed in 30 day period after the renewal date set on the account, then it will be terminated and all files will be removed. Subscriber will receive notifications if there is any action to be taken on his respectable account

Account Access Policy

When a client registers any type of account with Zircon Host, the client will be held liable for the client identification information that is provided: a) Name and Surname of the Client b) Client Address c) Company details d) e-mail address. Should Zircon Host suspect that any of the provided information is incorrect/fraudulent; the account may be suspended for terms of service violation until client contacts Zircon Host and resolves the issue. Zircon Host may use this information to contact the client if such need arises. Some of the information on the account will be generated automatically (username, password, payment IDs). Client may access the account at any time if he has access to the initial e-mail account that he used to register the account on Zircon Host. If the client claims that he has no access to the respectable e-mail account and that he has no way to recover the password set on the account, he will need to provide us with the last payment date and payment IDs on which the payments were made, as well as full client name (name and surname), and full client address set on the respectable account.

Client acknowledges and accepts this procedure and access policy and agrees not to bring any claim of a lawsuit against Zircon Host arising out of this said policy and procedure. Zircon Host will not be held liable for any damage or liability that may have arise out of following policy and procedure.

In the event when there is more than one person claiming rights to the same account, who may or have provided the information which may provide them access to the respectable account following the Zircon Host policy and procedures, then Zircon Host is not obligated to provide access to any of the parties. Also, Zircon Host is not obligated to solve any kind of such disputes and may solely decide who to provide access to according to internal information and historical data that may have been collected about the user, based on the usage on the respectable account.

Confidentiality

Zircon Host will not share any of its clients' personal information to any third parties not related to Zircon Host. Some of the client data may be forwarded on the following exceptions:

Zircon Host will respond to court orders or other legal processes and may provide relevant information to relevant parties about the client on such a case, but will inform the end client about such process and will wait for a valid response from the end client before sending out the information to the respectable party. If the client who owns the related account fails to respond in 15 days we will send out the information to the respectable party without the confirmation of the client.

Third Party Providers - some of the information will be sent to third-party providers such as Payment Gateways, Domain registrars, Additional Service providers (Zyro Builder, Cloudflare, cPanel, Attracta, Trendybuilder). Zircon Host will solely choose which third-party providers to send client information to. This depends on the services that will be offered by the third-party to Zircon Host clients, however no client information will be sent to third-parties not related to Zircon Host services.

Certain services provided by Zircon Host are resold. Thus, certain equipment, routing, software, and programming used by Zircon Host are not directly owned or written by Zircon Host. Zircon Host shall not be responsible for any changes in services provided by a 3rd party provider, also will not be held liable for any damage or loss which may arise from service disruption provided by a 3rd party provider. Zircon Host will show highest interest to make sure that that services provided by a 3rd party are running smoothly and correctly, and will contact the 3rd party provider when changes or fixes are needed, however the time needed for any fix or alteration will not be decided by Zircon Host and Zircon Host will not be held liable for any fixes or alterations to be performed on a product provided by a 3rd party in a definite time frame.

“Unlimited” Usage Policy

Zircon Host offers some of its hosting packages with “Unlimited” amount of resources for specific options (disk drive space, bandwidth, domains per account, and others listed in the features page). This means that Zircon Host will not set a specific cap for these resources and client will be able to use these resources as needed, however Zircon Host does use a fair usage policy which applies to all accounts. Zircon Host Fair Usage Policy implies that if the client uses the resources of the shared server to the extent where he is negatively affecting other users hosted on the same server, the resources may be capped or in some cases, but not necessarily, respectable account may be disabled before client upgrades his account to a package more suitable for his needs or fixes the issues so the resource usage on his account stops to negatively affect other users on the same shared server.

By the term “Unlimited Space” Zircon Host means that it will not set a cap on the amount of files the user may host on his account, however the space on the hosting account cannot be used for: Backup storage, Online storage, File sharing services, Movie storage, Photo storage, Software storage, Copyrighted content storage, Illegal, Abusive or offending file storage, Document Archives or any other type of Archive, File Backups (with the exception of a single cPanel backup generated from your cPanel), log files, etc. Zircon Host reserves the right to remove such files from the user account with or without notice to the client. Zircon Host also reserves the right to remove any single files larger than 1GB from the user account regardless of the content of the file with or without notice to the client. Zircon Host also reserves the right to clean up a user account by removing files which fall under the criteria of files that may not be hosted on Zircon Host accounts, if there are more than 250.000 files on a single account, with or without notice to the client. Zircon Host also reserves the right to disable the account which holds more than 250.000 files until the relevant shared hosting account is upgraded by the client to a vps service where such limitation is not applied.

Acceptable Use Policy

All services provided by Zircon Host may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Zircon Host and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. If you think your site may violate our Terms of Service, please ask us before signing up for an account so that we may determine if we can host your site. Zircon Host reserves the right to determine what is and what isn't acceptable for our servers. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

Clients who own reseller packages are not allowed to provide free (unpaid) hosting services (to avoid server overload and high abuse rate).

CGI Scripts

Each account comes with its own cgi-bin. Client is free to use any CGI scripts you wish, however Zircon Host reserves the right to disable any CGI script that effects normal server operation without prior warning.

Banned Scripts or website types

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc. Hosting any type of these sites will result in instant account suspension until the content is removed. On the case that the content was uploaded willingly by the client, Zircon Host reserves the right to terminate the account without the possibility of a refund (even if the 30 days have not yet passed on the account). If the content was uploaded by a 3rd party (hackers, abusers which intend to take the client site down), then Zircon Host will inform the client about the abusive content. Zircon Host also reserves the right to remove such content from user account without prior notification. Banned scripts and website types listed below:

  • IRC scripts, eggdrops, bots, Bitcoin faucets
  • Proxy server scripts (also any other script which operates as proxy)
  • Mail bomber and spam scripts
  • IP spoofers and port scanners
  • Pirated Software or any form of warez
  • Image Hosting Scripts (like imgur or Photobucket)
  • AutoSurf site scripts
  • PPC site scripts
  • PTC site scripts
  • Bruteforce Programs or scripts
  • File sharing, dump and mirroring service scripts (like mega, rapidshare)
  • Top sites generator scripts
  • Illegal drug or any other substance or product not allowed to be sold in US or Contraband related sites
  • Sites distributing copyrighted content without proper licenses
  • Gambling sites
  • Hacker programs, credit card dumps, hacker focused sites
  • Forums distributing warez or any other illegal content
  • Fraudulent sites (fake banking services, fake login pages, any other site mining information in illegal ways)
  • Viruses, trojan horses, mass ping, ddos, udp or tcp flood scripts, or other kind of desctructive scripts

Child pornography (If Zircon Host is to locate child pornography willingly uploaded to a client account, then the client account will be terminated instantly without any possibility of a refund)

Any kind of abusive content found on our servers should be reported to contact(@)zirconhost(.)com. Zircon Host will handle any abuse report with the highest priority and interest. Zircon Host will not be held liable for any damage or loss that may have arisen from content uploaded to client accounts or actions performed by scripts on such accounts on our shared servers. Client who is the account owner takes full responsibility of the whole account content and all actions that are performed on the respectable account, also takes full responsibility for any and all of damages or losses that may arise from his account content or actions performed by scripts on his account.

Commercial Advertising and Spam E-mails

Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. SPAM /illegal content advertising sites on other servers which in turn contain links to a domain on our servers is prohibited. We consider spam any mass unsolicited message in the mediums of Newsgroups and Email. If you are found to have spammed, then we will immediately, without warning, disable your domain. In addition, we will impose a $14.85 penalty for each spam policy violation. We reserve the right to refuse or cancel service to known spammers. Lastly, we reserve the right to determine what violates this policy. As such, any violation will result in immediate deactivation of services without refund. Server Abuse: Any attempts to undermine or cause harm to a server is strictly prohibited.

Limitation of Liability

Zircon Host shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Zircon Host servers going off-line or being unavailable for any reason whatsoever. Furthermore, Zircon Host shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Zircon Host servers. All damages shall be limited to the immediate termination of service. Violations of these Acceptable Uses Policies should be referred to contact(@)zirconhost(.)com. All complaints will be investigated promptly.

Resources Usage

Resources usage policy applies to any shared hosting and reseller hosting customer. User may not:

  • – Use 10% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  • – Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  • – Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  • – Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • – Run any bit torrent application, tracker, or client.
  • – Participate in any file-sharing/peer-to-peer activities.
  • – Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.
  • – Run cron entries with intervals of less than 15 minutes.
  • – Send more than 100 emails per hour per package.

You may create your own backup of your account from your control panel however these may only be stored for up to 4 days. Please download archives to a local source and remove them from your account.

Disclaimer

Zircon Host intends to provide the best possible web hosting service to each of its clients. Zircon Host shows the most interest to use the latest technologies and solutions to make the service provided to the end client the best possible. However, Zircon Host cannot be held liable for any system downtime, crashes, or data loss that may happen on the servers. Also, Zircon Host will not be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. If any terms or conditions are failed to be followed, the account in question may be automatically deactivated by Zircon Host. Zircon Host retains the right to change, modify or delete any or all of the above Terms, Policies, Guidelines, and Disclaimer with or without prior notification.