Terms of Service

The following Terms of Service (“TOS,” “Terms” or “Agreement”) apply to your use of our website and all services, features and/or content provided by ZarkHost (Zarkhost.com,” ” us,”, “our”). By purchasing one or more Services from ZarkHost, you declare that you have read, understood and agree to be bound by this TOS. It is essential that you read this TOS prior to purchasing any Service(s) from ZarkHost.

Customer Agreement

The TOS apply to all Services provided by ZarkHost to you throughout the entire Term or Renewal Term. All customers should agree on all terms and conditions stated prior to their signing up for any of the hosting plans and services mentioned on ZarkHost. You shall agree to use only licensed and legal third party softwares in connection with your use of our services. ZarkHost reserves the right to suspend or cancel a customer’s access to any or all services provided, at any time, or when ZarkHost decides that the account has been inappropriately used or otherwise.

Content

ZarkHost reserves the right to refuse service and/or access to its servers to anyone. The services provided by us must be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any applicable law or regulation is prohibited.

The activities listed below are meant to provide you with examples of activities and content that are strictly prohibited.

Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk sms gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events. Websites promoting illegal activities or linking to other websites that promote illegal activities.

Website content that promotes or advocates human trafficking in any way shape or form as determined by ZarkHost’s sole discretion, sites that promote prostitution, or escort services.

Any website found to host child pornography, link to child pornography or exploitative content will be suspended immediately without notice or warning.

Adult materials – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of ZarkHost.

Embedding or uploading audio/video/high resolution images on website or linking to other websites that promotes audio/video/high resolution images.

Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any regulation or material that is perceived to be misleading.

Warez – This includes, but is not limited to, pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing and encrypting of any of the above. It also includes any sites which provide “links to” or “how to” information about such material.

Games – We strictly do not allow to host any kind of games on our servers. Your hosting account would be immediately terminated if we found any gaming related stuff in your hosting account.

IRC Hosts – Hosting an IRC server that is part of or connected to another IRC network or server or have a connection to an IRC network. Servers or Virtual hosting accounts, found to be connecting to or part of these networks will be immediately removed from our network without notice. The server would not be reconnected to the network until such time that you agree to completely remove any and all traces of the IRC server, and agree to let us have access to your server to confirm that the content has been completely removed. Any server guilty of a second violation would result in immediate account termination.

ZarkHost reserves the right to deem any other content or literature as “prohibited” if found to be indecent, rude, hate content & generally unacceptable.

Abuse Of Resources

Any attempts to compromise or actual compromise of a network device belonging to ZarkHost or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Denial of Service (DOS) attacks directed at ZarkHost, or any attempts to launch a Denial-of-Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits; exploit source code, hacking tutorials, hacking tools, viruses and Trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.

The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered “Warez”. Any authentic complaint received will be investigated and may result in termination of service.

The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. We hold no responsibility for the use of our clients’ accounts. Any account that abuses the resources and actions are not taken to desist the activity, calls for immediate deactivation without any refund. Any site using what we deem to be using excessive CPU cycles or any resources that cause strain to other sites may also be offered new terms ( i.e.,. upgrade). Although we offer 99.99% up time we can not fully guarantee this, this is due to the updates and up-gradation we carry out which is also a part of our maintenance.

If any client is in any way disrespectful towards any member of the ZarkHost staff we have full right to remove them from our services without any refund.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM)

Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties.

Upon notification of an alleged violation, we will initiate a full scale investigation during which, we may restrict customer’s access to the network to prevent further violations. If a customer is found to have violated our policy, we may, at our sole discretion, restrict, suspend or terminate the guilty hosting account. Furthermore, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended and an administrative fee of $200.00 will be charged to your account. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. A second violation may result in an immediate termination of your account and the administrative fees will be $450. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer.

We have a zero-tolerance policy for the use of our service towards posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

We also prohibit hosting of publicly-accessible “open relay” SMTP or anonymous remailer service for any purpose, cause, or reason what-so-ever.

Bandwidth

If the customers account exceeds the bandwidth limit, we would inform the customer. If the customer does not wish to purchase extra bandwidth or upgrade his account and continues to exceed their limit, the account shall be suspended until the customer takes measures to ensure that the limit wouldn’t exceed again or when the account is upgraded, which ever is earlier. The account would be reactivated in the following month.

Account Verification

If the customer fails to complete the account verification process, then no refund would be provided to such customers under any circumstances.

VPS Rules

We generally recommend a control panel to manage and operate the VPS. All customers who have a plain VPS would have to configure the DNS, user accounts, mail accounts and other such activities pertaining to the configuration of such VPS’ themselves. The support team will not be responsible for this.

Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE)

Spamming, sending unsolicited emails from our servers or using email addresses that are maintained by us is STRICTLY prohibited and will qualify your site for immediate deactivation with no refund. Zark Host would be the sole arbiter as to what constitutes a violation of this provision.

In order to ensure that our shared servers, cloud & vps nodes as well as dedicated server hardware node give us optimum performance we have set limits on the number of outgoing mails which can be sent per hour. Accordingly, shared & reseller customers would be allowed to send 100 outgoing mails per hour, our VPS customers would be able to send 15000 outgoing mails every hour and the Cloud hosting customers may send 300 outbound mails per hour. Customers having dedicated servers may send one email every second i.e. 36000 mails per hour.

We do not guarantee Inbox email delivery with any of our hosting plans.

Backup Policy

Your use of the Services is at your sole risk. You agree to back-up all of your User Content so that you can access and use it when needed. ZarkHost does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You as a ZarkHost User agree that in no case, ZarkHost can be held responsible for the loss of data in any circumstances.

Clients who have subscribed for paid backup service with shared and reseller hosting plans. For such clients, we take daily backup of database with retention period of 7 days. Website backup will be taken weekly with retention period of 1 day. Any backup copy maintained by ZarkHost will not have any emails or media file included in it.

Clients using cPanel Backup Manager tool for backups should download the backup from the server and delete it. On every Sunday, all the backup files are removed from the server without any notification. You are not allowed to use the hosting space to store backups.

Unlimited Hosting

“Unlimited” usage policies and definitions apply only to shared and reseller hosting accounts.

The size of each mail box should not exceed 5GB and combined mail box size per domain should not exceed 15GB. This is applicable for all Hosting Packages.

Uptime Guarantee

Any service interruptions or downtime due to scheduled maintenance by ZarkHost or our network providers will not count towards the uptime guarantee. ZarkHost is not liable in any way for failure of third-party services.

ZarkHost will not be liable for failure or delay in performing its obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

Security

You are responsible for any misuse of your account therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.

Sharing your password and account access with unauthorized users is not recommended. You should take care and prevent others from using your account since you will be responsible for the consequences.

Attempting to obtain another user’s account password is strictly prohibited, and will result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability.  ZarkHost ill cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Billing Policy

If paying via credit card, debit card, net banking, PayPal the account will be setup immediately once the payment is confirmed.

The 30 day money back guarantee is only applicable for first-time signups. Second time and subsequent sign-ups are not eligible for the same. For instance, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Refund is not applicable on Domain registration/transfer/renewal, cPanel, Plesk, Control Panel, LiteSpeed, Softaculous, Cloud, VPS, Dedicated Server, Paid Support, SSL Certificates, Sitelock, SpamExperts, WHMCS, Windows OS and any other paid licenses.

The modifications done in pricing pattern or policy by the software license company will take effect immediately on ZarkHost clients.

The money back guarantee is provided on Web hosting, WordPress Hosting, Business Hosting, Power Hosting, Reseller hosting and Cloud hosting.

No refund will be made if your Service(s) are suspended or terminated for cause.

There is limitation of every hosting platform. On an OpenVZ VPS, GUI is not supported and it won’t be possible to upgrade the kernel or change BIOS setting. Kernel upgrade is possible on KVM Cloud instances but you cannot change the BIOS settings. You won’t be eligible for refund in such cases.

The refund will not cover any kind of taxes, setup fees, refund processing fee, postal charges or any kind of payment processing charges or bank fee(s). There will be no refunds issued in case the web hosting account was involved in violation of our terms of service or any kind of illegal or system resources over-usages or after 30 days period or beyond coverage of our refund policy as noted here.

If the web hosting service includes free domain name, and you cancel the web hosting service, the domain charges (standard rate as per website) would be deducted from the refund amount. If the refund amount is less than the domain name price, you will have to pay the difference or forfeit the domain. The ownership of the domain will remain with ZarkHost if you fail to pay the difference amount.

Transfer fees would be applicable, if you wish to transfer the free domain name to some other provider. Without transfer fees the domain will not be released.

One free WHMCS Unlimited Client license is included in reseller hosting plan (Plus/Pro). WHMCS Unlimited Client license allows you to manage Unlimited clients. If the reseller hosting plan is cancelled within first 30 days then WHMCS Unlimited Client license cost will be deducted from the refund amount.

The payments made through bank transfer, cheque, money order, cash deposit, DD are non-refundable. Refund will be added as credit to the hosting account.

The refund request placed after 30 days will not be processed and you will not be eligible for any refund.

The cancellation request should be sent through client area.

After sending the cancellation request, it would take 5 – 7 working days to complete the refund process.

Account Termination

Your hosting account at ZarkHost can get terminated due to following reasons:

You decide to discontinue: At any point of time, during your subscription, if you no more want to continue with our services and want to place a cancellation request with immediate termination, your hosting account will be suspended right away and will be terminated within 24 hours.

Cancellation upon expiration : If you place a cancellation request to discontinue our services after your subscription expires, your hosting account will be suspended at the end of the subscription and will be terminated within 24 hours (after the expiration date).

You did not renew : In case you fail to renew your hosting account on the due date, your hosting account will be suspended after 96 hours and will be terminated within 14 Days (after the expiration date).

You violate our Terms of service : If you violate our terms of service during your subscription period at ZarkHost it will result in immediate account suspension and termination. As soon as we’ve been notified about the violation of service, we would usually take instant action.

Potential fraud : We have an anti-fraud system that monitors all the orders as soon as they are placed. During such an occurrence, we will carry out a verification process manually. In this process, if we ask for certain information and it is not provided the account suspension and termination will be done immediately.

A Dispute or ChargeBack : During the violation of our Terms of Service, we would initially suspend and give a 7 days timeframe to resolve the concern with ZarkHost before the termination occurs. If still, it remains unsolved termination of your hosting account will take place.

Note : It is advised to maintain a back-up copy of your hosting account to avoid losing your data because of the termination. All your files will be deleted from the server, once your hosting account is terminated and ZarkHost shall not be liable for the same.

Indemnification

Customer agrees that they will protect, indemnify, save and hold ZarkHost harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney’s fees assessed against ZarkHost, its agents, customers, officers, employees and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees or assigns.

Customer agrees to defend, indemnify and hold ZarkHost harmless against liabilities arising out of –

Any injury to person or property caused by any products sold or distributed in association with ZarkHost’s Services;

The loss of any electronic files furnished by customer (Or customer’s customer);

Copyright violation and any defective products sold to a customer from ZarkHost’s Services

Change of TOS

ZarkHost may modify these TOS at any time with immediate effect. Where the change in Terms is required by law or related to the addition of a new service, extra functionality to the existing Service(s) or any other change which neither reduces your rights nor increases your responsibilities, the TOS will be changed without prior notice to you and shall have immediate effect.

No clarification or explanation of the Terms provided by the Parties will have the power to modify the provisions of these TOS.