Terms of Service

1. Architectural Agreement & Scope

By deploying infrastructure, accessing our APIs, or utilizing the GOZEN HOST LLC control panel, you enter into a binding operational agreement with GOZEN HOST LLC. You must be at least 18 years of age, or have the verifiable consent of a parent or legal guardian where permitted by applicable local law, or possess legal corporate authority to execute this agreement. Your continued use of our services constitutes persistent acceptance of these technical and legal parameters.

2. Service Delivery & Infrastructure

We provision high-performance virtual private servers (VPS), cloud hosting environments, and dedicated bare-metal infrastructure. Service parameters (CPU cores, RAM, NVMe storage limits) are hard-capped according to your selected tier.

Usage of our services must comply with our Acceptable Use Policy (AUP). We maintain the right to throttle, drop packets, or null-route IP blocks that threaten the stability of the shared network environment or violate the AUP.

Unforeseen Resource Exhaustion: We reserve the right to immediately suspend or throttle any service instance that causes unforeseen resource exhaustion threatening the stability of shared infrastructure clusters. This includes but is not limited to: runaway processes consuming excessive CPU or memory, uncontrolled I/O operations degrading NVMe array performance, or anomalous network traffic patterns. Affected clients will be notified via a High-Priority Support Ticket and given 24 hours to remediate before permanent suspension.

3. Cloud Switching & Data Fair Access

In alignment with the 2025/2026 European Data Act and modern interoperability standards, GOZEN HOST guarantees your absolute right to "Cloud Switching." We impose no artificial egress barriers, proprietary lock-in formats, or punitive network fees explicitly designed to prevent you from migrating your workflows to competing infrastructure providers. You maintain full root access to export your data payloads, standard configurations, and localized databases at any time during an active service cycle. Upon account termination, you have a 30-day window to export all data before permanent deletion.

4. Billing Integrations & Subscription Models

• Prepaid Architecture: All infrastructure is billed in advance of the service cycle. Unpaid invoices past a 7-day grace period will result in automated VM suspension.
• Data Deletion: After 14 days of sustained non-payment, container states, volumes, and network configurations will be permanently purged from the NVMe arrays.
• Refunds: A 45-day money-back guarantee applies to shared web hosting and WordPress hosting plans. VPS and Business Cloud infrastructure products carry a 7-day money-back guarantee, as dedicated resources are provisioned on order. Dedicated servers, domain registrations, and software licenses are non-refundable API transactions.

5. Warranty, Service Level Limits & Force Majeure

Infrastructure availability is strictly governed by our Service Level Agreement (SLA), ensuring a 99.9% network and power uptime. Outside of this specific compensation metric, the services are provided on an "AS IS" and "AS AVAILABLE" codebase without implied warranties of merchantability or fitness for a particular computational purpose.

Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement resulting from events beyond reasonable control, including but not limited to: natural disasters (earthquakes, floods, hurricanes), acts of war or terrorism, government actions or sanctions, pandemics or public health emergencies, major ISP backbone failures, transatlantic cable severance, regional power grid outages, or labor strikes affecting datacenter operations. The affected party must provide written notice within 48 hours detailing the event and its expected duration.

6. Liability & Indemnification

Data Loss Operations: GOZEN HOST LLC is not liable for data loss, service interruption, or business damage unless direct causation is proven by our gross negligence or willful misconduct. You explicitly agree that maintaining redundant, off-site backups of your payloads is your independent programmatic responsibility, unless you are actively subscribed to our managed backup storage blocks.

Third-Party Content & Indemnification: You are solely and legally responsible for all content, code, applications, and network routing hosted on your allocated instances. You agree to defend and fully indemnify GOZEN HOST LLC against any third-party claims, DMCA notices, legal subpoenas, or monetary damages arising directly from your hosted repositories or unauthorized AUP violations.

7. Compliance & Jurisdiction

For European Economic Area (EEA) deployments, your usage constitutes acceptance of our standard Data Processing Agreement (DPA) under GDPR. Globally, these Terms of Service function as a legally binding contract governed by the laws of the State of Delaware, United States of America. Any disputes shall be subject exclusively to the federal or state courts located in Delaware, subject to the Dispute Resolution procedures outlined in Section 9 below.

8. Modifications & Updates

GOZEN HOST LLC reserves the right to modify, amend, or update these Terms of Service at any time. Material changes will be communicated to registered account holders via email notification and a prominent site-wide banner at least 30 calendar days before the revised terms take effect.

Your continued use of our services after the 30-day notice period constitutes acceptance of the updated Terms. If you disagree with any material changes, you may terminate your account and export your data under the Cloud Switching provisions of Section 3 at no additional cost during the notice period. Non-material changes (typographical corrections, formatting updates) may be applied without advance notice.

9. Dispute Resolution

In the event of a dispute arising from or relating to these Terms, both parties agree to the following tiered resolution process before initiating formal litigation:

1. Good-Faith Negotiation (30 Days): Either party must first submit a detailed written notice of the dispute to the other party. Both parties shall attempt to resolve the dispute through direct negotiation within 30 calendar days of receipt of such notice.
2. Binding Arbitration: If the dispute remains unresolved after the 30-day negotiation period, either party may elect to submit the dispute to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted in the State of Delaware by a single qualified arbitrator. The arbitrator's decision shall be final and enforceable in any court of competent jurisdiction.
3. Litigation: Claims not subject to arbitration (including injunctive relief for intellectual property violations or AUP enforcement) may be brought directly in the federal or state courts located in Delaware.

Each party shall bear its own costs and attorneys' fees unless the arbitrator or court determines that a claim was frivolous, in which case the prevailing party may recover reasonable costs.

10. Severability & General Provisions

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

Entire Agreement: These Terms, together with the Acceptable Use Policy, Service Level Agreement, Privacy Policy, and Data Processing Agreement, constitute the entire agreement between you and GOZEN HOST LLC. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.