Zealous Host, LLC (“Zealous Host”) is a hosting provider specialising in game server hosting and website hosting (“our services”). Based in the state of Delaware, United States, Zealous Host utilises our website and Discord server (“Discord”/”The Discord Server”) to provide services and support to our customer base.
By continuing to use our services, you automatically agree to our Terms of Service (“the TOS”). Should you fail to agree to our TOS, you forfeit your rights immediately to use our services, and you must cease use without delay.
The effective date of the TOS is the 23rd day of November 2021, and is governed under the laws of Delaware, United States, without regard to any conflict of law provisions.
You warrant and represent that you are legally permitted to enter into such an agreement, and that you are above the age of thirteen, or you have written consent from a legal parent or guardian that allows you to enter into such an agreement.
You will be updated to any changes to the TOS by the date that follows “Last Updated:”, shown at the top of this page. We reserve the right, at our sole discretion, to make changes or modifications to the TOS at any time and for any reason, without prior notice. It is your responsibility to periodically review the terms and conditions that make up the TOS. We will assume, through your continued use of our services, that you continue to agree to the TOS following any update or modifications made to it.
By using our services offered by Zealous Host, you represent and warrant that you are competent and legally able, under the terms of your legal jurisdiction, and under the legal jurisdiction of which Zealous Host is governed, to enter into the terms and conditions as outlined in the TOS. Should you not be eligible, you agree that the relevant legal parent or guardian has given you explicit permission to enter into such an agreement (if applicable), or will enter it on your behalf. Should you not have the necessary legal status to enter into an agreement with Zealous Host, you must cease use of our service without delay.
If you approach Zealous Host, or use our services on behalf of a company or organisation, you agree that you are able to enter into the TOS agreement on behalf of said company or organisation.
Throughout the TOS, you will be referred to as “you” or “the customer”.
By agreeing to the TOS, you automatically agree to our Privacy Policy (https://zealous.host/policy/privacy) and Service Level Agreement (https://zealous.host/policy/sla).
All new services that Zealous Host chooses to offer will be automatically bound by the TOS. We may, at our sole discretion, choose to add or remove functionalities and features, or suspend/stop a service in its entirety. We may limit your use of our services, whether that be limiting the use of purchased services, or preventing you from purchasing from Zealous Host in future.
Our services must always be used for lawful purposes only - both lawful within your legal jurisdiction and that under which Zealous Host is governed. No exemption to this will be granted, under any circumstances.
Zealous Host is not obligated by law to monitor the activities that utilise our services. However, Zealous Host will make themselves available to monitor and respond to complaints in the event that user content is deemed, but not limited to; unacceptable, undesirable, offensive, violating the TOS of Zealous Host, or is illegal under either the legal jurisdiction of which the client is from, or the legal jurisdiction of Zealous Host. In the event of such findings, reports will be made to the appropriate legal authorities within the appropriate legal jurisdiction, using client submitted data. Should you wish to report abuse on our network, please contact us.
You must use our services in good faith and interact with our support team and other staff professionally, politely and with respect.
You must not open a dispute with your bank or payment processor/gateway regarding a payment to Zealous Host under any circumstances. We will, in good faith, seek to resolve any issues you have with our services should you contact us in the appropriate manner.
Should you fail to make a payment, you will receive automatic warning emails which may be tailored to your account. These warning notices fall under the TOS, and can be changed or altered by our team to meet your circumstances or to reflect your payment history.
We reserve the right to take ad hoc action in regards to payment, whether this means requesting payment from you on specific dates, issuing refunds based on unique terms that are not listed throughout the TOS, or altering our processes slightly. Such modifications are enforceable under the TOS and supersede any other clauses.
Following a purchase, you are permitted a seventy-two (“72”) hour timeframe in which to receive a refund without an accompanying reason for such a cancellation. However, to appropriately govern this offer, restrictions do apply and are set forth below.
Should you accidentally overpay for a service, or pay accidentally, please contact our support team where we will, in good faith, seek to resolve the issue with you. You agree to respect the outcome of such a process, with all refunds being issued at the sole discretion of our team.
Should you have any questions regarding whether you are eligible for a refund, please contact our support team.
You will indemnify and defend Zealous Host and its staff against all third party actions that arise from the use of our services or any part of our website. This includes, but is not limited to, legal action on any grounds, whether that be due to liability or losses (such as expenses), or claims suffered due to the negligence of the customer or those that have been indirectly caused by Zealous Host as a result of our services. In the event that any loss is suffered, you agree to hold Zealous Host and its associated people and/or services, including but not limited to employees, directors, suppliers, claimants and all those who are associated in any way with Zealous Host, free from any liability.
Zealous Host reserves the right, at our sole discretion, to refuse, cancel or terminate the services purchased by consumers for any reason, including but not limited to, unlawful activities, violation of the TOS and other legal documentation, or direct communication with company representatives.
Should your services be terminated, you will be refunded on a pro-rata basis, based on how long left of the service you have already purchased. We may, however, withhold such a refund, at our discretion, without reason. Violations of the various Zealous Host policies, including but not limited to that of the TOS, Privacy Policy or Service Level Agreement will result in the refund being withheld and as such, no refund, nor full or partial, will be issued.
Furthermore, you acknowledge and agree that the consideration which Zealous Host is charging hereunder does not include any consideration for assumption of risk of the customer’s consequential, punitive, special or incidental damages which may arise in connection with the customer’s use of the software and documentation. Accordingly, you, as the customer, agrees that Zealous Host shall not be held responsible or liable to you/the customer for any loss of profit, indirect, incidental, special or consequential punitive damages arising out of the use of our services, documentation, or any part of our website and associated methods of communication/information.
Zealous Host may choose to, or not to, provide you with an explanation regarding the reason surrounding the termination of our services which you have purchased.
In the event that you would like to cancel your service for any reason following payment, such a service will only be cancelled at the end of the billing period. Advanced payments and/or prepaid advanced packages do not qualify for a full refund, rather a partial refund will be issued based on the estimated time left. Please refer to our refund policy for further information regarding the specific terms that govern refunds.
When calculating the estimated time remaining in order to provide you with an accurate refund, Zealous Host will act in good faith to calculate the refund. However, the amount refunded to you from Zealous Host as a result of the cancellation of your service is final and cannot be disputed.
You must not share your account details, without prior approval of Zealous Host, with any other person, regardless of whether they are a client of Zealous Host themselves. We will strictly enforce this clause to ensure that account details are not shared. You will be held responsible for all actions carried out by your account, and penalised accordingly.
Should your account be compromised and your security breach, you must report this to Zealous Host immediately upon gaining the knowledge that such a breach has occurred. Failing to do so may result in the suspension or termination of our servers purchased by you. In addition, should you encounter a flaw in our software or hardware that may result in an account breach, you must report it to us via one of our communication channels.
Whilst we may choose, at our discretion, not to place formal limits on our services, your use of such services must still be in line with our acceptable use policy. Failure to adhere to this policy will result in the suspension or termination of your account and services. As such, we reserve the right, at our discretion, to terminate, suspend, shut down or restart any service or account found to be in violation of this policy.
Should we advertise ‘unlimited’ or ‘unmetered’ services, this simply means that we are permitting you the freedom to scale up or down your server or website at will. We do, however, expect that you will use resources fairly, and we may take action should we believe you are not using the resources fairly.
Resources include, but are not limited to, storage space, memory, disk I/O or CPU usage.
Our services must always be used for lawful purposes only - both lawful within your legal jurisdiction and that under which Zealous Host is governed. No exemption to this will be granted, under any circumstances. This includes, but is not limited to, the use/storage of child pornography, pirated software, threads or websites that could be deemed fraudulent.
You must not use Zealous Host services for one of the following purposes. Please note that this list is not exhaustive and other uses of our services, deemed largely immoral, may result in penalties:
Our products and services must be used solely for their intended purposes. Any data found within the services that is not supporting or affiliated to the intended purpose of such service will be removed without notice.
If you would like to appeal a penalty arising from a violation of this policy, please use an appropriate method of communication.
To appropriately contact us, you can do so via: