Terms of Service

Welcome to DZIND Inc. ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your use of our website, hosting services, and any related products or services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

Please read these Terms carefully. They include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and a clause that governs the jurisdiction and venue of disputes.

1. Definitions

• "Services" refers to the website, hosting packages (including but not limited to Web Hosting, VPS Hosting, WordPress Hosting, Secure Hosting, Email Hosting), domain registration services, and any other products or services provided by DZIND Inc.
• "User", "you", or "your" refers to any individual or entity who accesses or uses our Services.
• "Content" means any text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.
• "User Content" means any Content that Account holders (including you) provide to be hosted, stored, or transmitted via the Services.

2. Acceptance of Terms

By creating an account, purchasing Services, or otherwise using or accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookies Policy, all of which are incorporated herein by reference. If you are using the Services on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on their behalf and bind them to these Terms.

3. Description of Services

DZIND Inc. provides a variety of internet-based hosting and domain services. Specific details of each service offering, including features, limitations, and pricing, are available on our website and are incorporated into these Terms by reference. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, though we will endeavor to provide reasonable notice for significant changes.

4. User Accounts

To access certain Services, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized use of your account.

5. Acceptable Use Policy (AUP)

You agree not to misuse the Services or help anyone else to do so. This includes, but is not limited to, the following prohibited activities:

• Uploading, posting, hosting, or transmitting any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.
• Transmitting any unsolicited commercial email (spam) or any other forms of duplicative or unsolicited messages.
• Distributing viruses, worms, Trojan horses, corrupted files, hoaxes, or other items of a destructive or deceptive nature.
• Interfering with or disrupting the integrity or performance of the Services or the data contained therein.
• Attempting to gain unauthorized access to the Services or their related systems or networks.
• Using the Services for any illegal or unauthorized purpose, or in violation of any applicable local, state, national, or international law.
• Overloading the servers or network infrastructure in a way that degrades service for other users.

We reserve the right, but do not assume the obligation, to investigate any violation of this AUP or misuse of the Services. We may, in our sole discretion, remove or disable access to any User Content that violates this AUP or these Terms.

6. Payment, Billing, and Refunds

6.1. Fees and Payment

You agree to pay all applicable fees for the Services as specified at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. We may use third-party payment processors, and your use of such services is subject to their terms and conditions.

6.2. Renewals

Services may be set to automatically renew. You are responsible for managing your renewal settings. If your Services are set to auto-renew, we will attempt to charge your payment method on file prior to the expiration of your current service term. It is your responsibility to ensure your payment information is current and valid.

6.3. Price Changes

We reserve the right to change our prices and fees at any time. We will provide you with reasonable notice of any price changes before they take effect.

6.4. Refunds

Refund policies, if any, will be specified at the time of purchase for particular Services. Generally, fees for web hosting and WordPress hosting services are eligible for a 14-day money-back guarantee. Domain registration fees, SSL certificates, VPS hosting, and reseller services are non-refundable.

6.5. Non-Payment

If payment is not received by the due date, we may suspend or terminate your access to the Services. We may also charge late fees or interest on overdue amounts as permitted by law.

7. Service Level Agreement (SLA)

DZIND Inc. strives to provide a high level of service availability. Any specific uptime guarantees or service credits for downtime will be outlined in a separate Service Level Agreement document, if applicable to your purchased Service. If no separate SLA is provided, we will use commercially reasonable efforts to keep the Services operational, but we do not guarantee uninterrupted or error-free operation.

Scheduled maintenance will be performed with prior notice where possible. Emergency maintenance may be performed without prior notice.

8. Data and Backups

You are solely responsible for the preservation of Your User Content. Even with respect to User Content as to which You contract for backup services, DZIND Inc. shall have no liability to You or any other person for loss, damage or destruction of any of Your User Content. While we may offer backup services, these services are provided as a convenience and are not guaranteed. You should maintain your own independent backups of all User Content.

9. Intellectual Property

9.1. Our Intellectual Property

The Services, including their "look and feel" (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark, and other intellectual property laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.

9.2. Your User Content

You retain all rights to your User Content. By uploading User Content to our Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of providing and improving the Services.

9.3. DMCA Compliance (Digital Millennium Copyright Act)

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our Services that are reported to our Designated Copyright Agent, identified below.

If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through the Services by completing a DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Services.

Designated Copyright Agent:
[DZIND Inc. Legal Department/Copyright Agent Name]
3406 Shorecrest Dr Unit #3, Dallas TX 75235, United States
legal@dzind.com
[Your Company's Phone Number (Optional)]

Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3) for the requirements of a proper DMCA Notice.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DZIND INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DZIND INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL DZIND INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO DZIND INC. HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DZIND INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Indemnification

You agree to defend, indemnify, and hold harmless DZIND Inc., its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

12. Termination and Suspension

We may terminate or suspend your access to all or part of the Services, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

You may terminate your account and these Terms at any time by contacting customer support or through your account management panel, if available. Any outstanding fees owed at the time of termination will remain due.

Provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of [Your State, e.g., California], United States, without regard to its conflict of law provisions.

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in [Your County, e.g., Los Angeles County], [Your State, e.g., California], and you hereby consent to the jurisdiction and venue of such courts.

Alternatively, consider an arbitration clause (consult legal counsel): Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in [Your City, Your State], using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

14. Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

15. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy, Cookies Policy, and any other legal notices or agreements published by us on the Services, shall constitute the entire agreement between you and DZIND Inc. concerning the Services.

Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

16. Contact Information

If you have any questions about these Terms, please contact us at:

DZIND Inc.
3406 Shorecrest Dr Unit #3, Dallas TX 75235, United States
Email: legal@dzind.com