Terms Of Service

All services provided by GOZEN Host LLC (“GOZEN”) 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 GOZEN Host LLC from any claims resulting from the use of service which damages the subscriber or any other party.NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL DATA, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $500.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, GOZEN Host LLC WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.GOZEN HOST LLC, operating at 8 The Green Ste R, Dover, Delaware, United States of America (hereinafter referred to as the “Provider”), provides services primarily through its Online Shop located at https://gozenhost.com and via the customer portal (https://cp.gozenhost.com ) integrated within the Online Shop (hereinafter referred to collectively as the “Online Shop”).The following General Terms and Conditions (hereinafter referred to as the “ToS”) govern all contracts established between the Provider and the customer through the Online Shop, as well as any contracts where the applicability of these Terms has been agreed upon between the parties outside of the Online Shop.Any terms and conditions of the customer that deviate, contradict, or supplement these Terms will not be considered part of the contract unless expressly agreed upon in writing. This principle applies even if services are provided with the understanding that they contradict the corresponding Terms in place with the customer.

Payments

Recurring Fees

Renewal notifications are sent via email seven (7) days prior to the actual renewal date within your account. If you have provided a credit card for billing, it will be automatically charged two days prior to the renewal notice. For PayPal billing, you can create a PayPal Subscription during checkout or Use PayPal latest integration and have your account automatically charged every month. All payments for services rendered are non-refundable, except within our 30-day refund policy. Accounts with outstanding payments will have services deactivated if not paid by the 4th day past due. The term “Account” encompasses all services linked to a customer, identified by the primary ownership email and physical address. GOZEN HOST reserves the right to revoke the grace period for late payments in case of repeated delays or if an alternative payment method is used. Credit card orders are expected to be processed on the monthly renewal date. Inactive accounts due to non-payment are subject to a $10.00 late fee, and terminated accounts require a $50.00 restoration fee after settling all overdue invoices.

Card and Billing Address

Credit/Debit Card and Billing Address on FileWhen an order is made with a credit/debit card, the card details are stored securely and will be automatically charged every month, two days prior to your due date. For security reasons, the billing address on file must match the address associated with your credit/debit card. If there is a mismatch, our payment gateway will reject the transaction. In the case of a credit card transaction decline due to address mismatch, it may appear as a pending charge but will not be processed. If a debit card transaction is declined due to address mismatch, your bank may temporarily withdraw the funds, but they will be refunded. It is advisable to store a credit card instead of a debit card for this purpose.

Fees and Penalties

The customer (you) acknowledges and agrees that it is your responsibility to ensure that there are sufficient funds in your account to cover any invoices submitted against it. GOZEN Host, LLC shall not be liable or responsible for any fees, overdraft charges, or other penalties incurred due to insufficient funds when invoices are processed.GOZEN Host will make no more than two (2) attempts to automatically debit your ACH account in a calendar month before disabling the auto-debit feature.Customer acknowledges that GOZEN Host will assess a $5 fee for each failed attempt to process a payment and a $35 fee for any chargeback associated with an ACH payment.GOZEN Host, LLC shall not be liable or responsible for any fees, overdraft charges, or other penalties incurred due to insufficient funds when invoices are processed.

30 Day Money Back Guarantee

All new customers of GOZEN Host are entitled to a 30-day money-back guarantee on all hosting packages upon written request, excluding Dedicated Servers, Virtual Private Servers, Domain Name Registrations, SSL Certificates and any licensed software such as cPanel, DirectAdmin, WHMCS etc. A new customer is defined as someone who has never previously purchased services from GOZEN Host.Additionally, if a customer purchases multiple hosting packages and wishes to cancel a specific package (e.g., 2nd, 3rd, etc.), they are not eligible for a refund.Customers who exceed their bandwidth limit within the first 30 days of service are not eligible for the money-back guarantee.Violation of the TOS/AUP agreed upon during ordering voids eligibility for the 30-day money-back guarantee.GOZEN Host, LLC reserves the right to deny refunds in cases where abuse of services is suspected.

Dedicated & Virtual Servers

Payments Dedicated and Virtual ServersWe do not provide a 30-day money-back guarantee for Dedicated and Virtual Servers. Renewal notifications are sent via email seven days before the service due date. If you have a credit card or ACH account on file, it will be automatically charged two days before your renewal date. For PayPal billing, invoices must be manually paid by 12 PM EST on the due date each month.Credit card renewals are expected to process successfully on the designated charge date. Failure to pay the invoice by the due date may result in the suspension of your entire account, with a late fee of $25 applicable.The term “Account” encompasses all services provided to a customer, as defined by the primary ownership email and physical address. If the invoice remains unpaid by the 4th day past the due date, we reserve the right to terminate your service entirely and reformat your server.

Service Upgrades

The customer acknowledges and agrees that service and license upgrades will be retained for a minimum of 30 days or one full billing cycle, whichever occurs first. This encompasses purchases of add-on software, license upgrades, package upgrades, and physical upgrades to Dedicated and Virtual servers, such as hard disk or RAM upgrades.

Cancellation and Early Termination

The customer acknowledges that the fee for the service is determined based on their agreement to pay for the entire Initial Term or Renewal Term, as applicable. In the event of termination by GOZEN Host due to the customer’s breach of the Agreement or termination by the customer for reasons other than GOZEN Host’s breach, the unpaid fees for each remaining billing cycle in the Initial Term or current Renewal Term, as applicable, are due on the business day following termination.The customer also acknowledges that cancellation or downgrade requests for the current package must be submitted to GOZEN Host prior to the following renewal date, or the customer will be responsible for full payment of the following term.Cancellation requests must adhere to the following guidelines:

Billing Department

Submission to the billing department.

Identified Client

Submission from the primary email address on file with GOZEN Host.

Primary Domain

Specify the Primary Domain of the account you need to cancel.

Cancellation and Early Termination (Dedicated & Virtual Servers)

The customer acknowledges the requirement to submit a cancellation notice in writing to GOZEN Host before the subsequent renewal date, acknowledging liability for full payment of the subsequent term otherwise.The cancellation request must comply with the following guidelines:

Billing Department

Submission to the billing department.

Identified Client

Submission from the primary email address on file with GOZEN Host.

Primary IP Address

Inclusion of the primary IP address of the server intended for cancellation.

Acceptable Use Policy (AUP)

This Acceptable Use Policy (the “AUP”) sets forth guidelines for the acceptable use of GOZEN Host LLC’s services (the “Services”). By using the Services, you agree to comply with this Policy. GOZEN Host LLC reserves the right to modify this Policy at any time without prior notice. Your continued use of the Services following any such modification constitutes your acceptance of the revised Policy.Customer agrees to abide by applicable laws and adhere to GOZEN Host’s Acceptable Use Policy (AUP), which is hereby integrated into this Agreement by reference. GOZEN Host reserves the right to modify the AUP and Terms of Service (TOS) at its discretion, aiming to clarify reasonable restrictions and conditions on the use of the Services. Amendments to the AUP and TOS become effective upon notification by GOZEN Host or at the commencement of any subsequent Renewal Term. Customer agrees to cooperate with GOZEN Host’s investigation of any suspected AUP violation. In case of a dispute, GOZEN Host’s commercially reasonable interpretation of the AUP prevails.

Prohibited Activities

You may not use the Services for any unlawful purpose or in any way that violates applicable laws, regulations, or third-party rights. Prohibited activities include, but are not limited to:

Illegal Use

Engaging in any activity that is illegal under applicable laws or regulations.

Abuse

Any conduct that adversely affects the ability of other users to enjoy the Services or the internet, including but not limited to spamming, hacking, phishing, or distributing malware.

Copyright Infringement

Using the Services to transmit, distribute, or store any material violating copyright laws, including pirated software, copyrighted texts, images, or music.

Network Abuse

Any activity that degrades the performance or integrity of GOZEN Host LLC’s network, servers, or systems, including but not limited to denial-of-service (DDos) attacks, port scanning, or unauthorized access attempts.

Fraudulent Activities

Engaging in fraudulent or deceptive practices, including but not limited to identity theft, phishing, or impersonating others.

Harm to Minors

Distributing or promoting content that is harmful to minors, including child pornography or materials that exploit children.

Obscene or Offensive Content

Transmitting or storing any material that is obscene, offensive, or otherwise objectionable, including hate speech, harassment, or threats of violence.

Violation of Privacy

Accessing, intercepting, or monitoring data without authorization, or infringing upon the privacy rights of others.

Unauthorized Access

Attempting to gain unauthorized access to any network, system, or data, or circumventing security measures.

Consequences of Violation

Violation of this Policy may result in suspension or termination of your access to the Services, with or without prior notice, and may also lead to legal action or other remedies as deemed appropriate by GOZEN Host LLC. We reserve the right to enforce this Policy at our discretion and to take any action necessary to prevent and mitigate violations.

Reporting Violations

If you believe that a user of the Services is violating this Policy, please contact us immediately at [[email protected]]. We appreciate your cooperation in helping us maintain a safe and secure online environment for all users.Last Updated: [03-28-2024]

Customer Information

Customer acknowledges and agrees that the information provided to GOZEN Host, whether for the establishment or maintenance of the service, shall be accurate and complete. In the case of an individual Customer, it is warranted that said individual is of legal age, being at least 18 years old, to enter into this agreement with GOZEN Host.Furthermore, GOZEN Host is entitled to rely on the instructions provided by the individual identified as the Primary Customer Contact on the Order, regarding any matters pertaining to the Customer’s account, until such time that the Customer submits a written notice altering the designation of the Primary Customer Contact.This acknowledgment and agreement by the Customer are fundamental to the establishment and continuance of the contractual relationship between the Customer and GOZEN Host, and any violation or misrepresentation of the aforementioned warranties may result in the suspension or termination of services by GOZEN Host.

Indemnification

Customer acknowledges and agrees to indemnify, defend, and hold harmless GOZEN Host, its affiliates, and each of their respective officers, directors, agents, and employees, from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses, and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the Acceptable Use Policy (AUP) by Customer or any person using Customer’s log-in information, irrespective of whether such person has been authorized to use the services by Customer.

Disclaimer of Warranties

GOZEN Host DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERAPTED, ERROR-FREE, OR COMPLETRY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, GOZEN Host DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNES FOR A PARTICULAR PURPOSE, AND NON-INFRIGEMENT. ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW.

Limitation of Damages

Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential, or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the Agreement, even if the party has been advised or should be aware of the possibility of such damages.Notwithstanding anything else in the Agreement to the contrary, the maximum aggregate liability of GOZEN Host and any of its employees, agents, or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by Customer for one month of service.If any lawsuit, arbitration, or other legal proceeding arises in connection with the interpretation or enforcement of this Agreement, GOZEN Host, LLC shall be entitled to receive from the other party the costs and expenses, including reasonable attorneys’ fees incurred in connection therewith, in preparation therefor and on appeal therefrom, which amounts shall be included in any judgment therein.

Suspension/Termination

Suspension of Service

GOZEN Host reserves the right to suspend services to the Customer with or without notice and without liability.

Termination

GOZEN Host reserves the right to terminate the Agreement or deny services at any time with or without notice and without liability. The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if GOZEN Host fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. Termination in this manner does not absolve the customer of any required payments remaining on their initial or renewal term. The Customer may also terminate this agreement as per Section 4 and Section 6 respectively.Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

Bandwidth Usage

Your monthly bandwidth allowance is determined by the hosting package you choose. Should your account surpass this allocation, we retain the right to take various actions: suspending the account until the next allocation period begins, suspending the account until additional bandwidth is purchased at an extra cost, suspending the account until you upgrade to a higher-tier package, terminating the account, and/or imposing an additional fee for the overages. Bandwidth overages incur a charge of $5 per TB used. Unused transfer from one month cannot be carried forward to the next. If you exceed your bandwidth limit within the initial 30 days of service, you forfeit eligibility for the 30-day money-back guarantee and are responsible for any overage charges incurred.

Domains

GOZEN Host operates as a reseller for InternetBS, and in some cases, we utilize providers offering better pricing for specific TLDs to benefit our clients. As a result, all customers purchasing or transferring domains through GOZEN HOST are bound by the terms and conditions established by InternetBS.Upon nearing the expiration of your domain, you will receive notification from GOZEN HOST. Failure to renew your domain by the expiration date poses the risk of losing it.Domain names are treated as separate services and must be maintained to prevent expiration. If your domain expires, you have the opportunity to renew it at the regular price within 5 days after the expiration date. However, if the domain remains expired for 31 days or longer, it may have been auctioned off, resulting in permanent loss. If the domain was not auctioned, you may reclaim it for a fee of $250 within 60 days following the expiration date. Renewal of domains beyond the initial 25-day grace period is not guaranteed.All domains cease to function after their expiration date until renewed, with no grace period provided for registrations. In cases of payment disputes or chargebacks concerning domain name services, access and rights to the domain name will be immediately forfeited. To reclaim a forfeited domain name, a reinstatement fee of $250 plus any outstanding balance must be paid if processed within the original expiration period.

Requests for Customer Information

By using GOZEN HOST’s services, the customer acknowledges and agrees that GOZEN HOST reserves the right to report any conduct by the customer, its customers, or end-users that GOZEN HOST believes violates applicable laws, without prior notice to the customer. Additionally, GOZEN HOST may provide any information it possesses about the customer, its customers, or end-users in response to a formal or informal request from a law enforcement or regulatory agency, or in response to a formal request in a civil action that meets the necessary requirements.

Back Up

GOZEN HOST highly recommends that all customers retain up to date backup copies of their data off-site for disaster recovery purposes.

Changes to GOZEN’s Network

Upgrades and modifications to the GOZEN HOST network, encompassing alterations in software, hardware, and service providers, have the potential to impact the display or functionality of Customer’s hosted content and applications. GOZEN HOST retains the right to make changes to its network at its discretion, guided by commercial reasonableness, and shall not be held liable for any consequent harm to the Customer.

Notices

Under the Agreement, notices to GOZEN HOST must be sent via email to [email protected] or through our online Client Area system at https://cp.gozenhost.com/login/. All notices, including support or billing requests, must originate from a registered email address associated with the customer’s account.Notices to the Customer will be sent via email to the individual listed as the Primary Customer Contact on the Order. It is the Customer’s responsibility to ensure that valid and accurate contact information is provided and updated as necessary. Notices are considered received on the day they are sent, or if sent on a non-business day, on the first subsequent business day. The Customer may update their notice address by providing notice in accordance with this Section.

Force Majeure

GOZEN HOST will not be considered in default of any obligation under the Agreement if the failure to fulfill the obligation is caused by events beyond GOZEN HOST’s control. These events include, but are not limited to, significant failures of the power grid, the Internet, natural disasters, war, riots, insurrection, epidemics, strikes or other organized labor actions, terrorist activities, or other events of a magnitude or nature for which precautions are not typically taken in the industry.

Binding Arbitration

As a Customer of GOZEN HOST, you agree to adhere to binding arbitration. Any disputes or claims arising from or related to this Agreement, or its breach, will be resolved through arbitration administered by the American Arbitration Association according to its Commercial Arbitration Rules. The arbitrator(s) will render a judgment on the award, which can be enforced in any court with jurisdiction. The location of arbitration will be determined by GOZEN HOST at the time of the dispute.No request for arbitration may be made after the date when the initiation of legal or equitable proceedings based on such a claim or dispute would be barred by the applicable statute of limitations. The arbitrator is not permitted to grant punitive or other damages beyond the prevailing party’s actual damages, and each party will bear its own costs, fees, and expenses associated with arbitration.