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Zee Creative, Inc. Terms of Service
The following terms and conditions are the agreement between Zee Creative, Inc (us, we, our, Company, Zee, or Zee Creative) and you (your, customer or client) and governs your use of the zcreative.com website (site) and services we provide. Please review this agreement carefully. Zee Creative reserves the right to modify any of the terms and conditions within this agreement at any time. Any changes will be effective upon posting of the revisions on zcreative.com. If you do not agree to the terms in this Agreement, then do not use our services and contact Zee Creative to cancel any active services. Your use of our site or services binds you to this Agreement.
Trademarks and Copyrights
This site includes registered trademarks and other established marks which are otherwise protected by law including, but not limited to the word ZEE CREATIVE, zcreative.com, the Zee Creative logo, the Z logo, the zcreative.com logo and the Zee dog illustration. You may not use these trademarks or the names “Zee Creative, Inc.”, “Zee Creative”, “zcreative.com” or similar.
zcreative.com, the material on zcreative.com, the software, design, text and graphics comprised on zcreative.com and the selection and layout of zcreative.com, unless explicitly stated otherwise, are owned or licensed by us and protected by copyright under the laws of the United States and other countries.
You may view this website and its contents using your web browser and save an electronic copy of the website solely in the usual operation of your web browser in visiting the site. You must not otherwise reproduce, frame, transmit (including broadcast), adapt, distribute, sell, modify or publish or otherwise use any of the material on the site, including audio and video excerpts, except as permitted by statute or with Zee Creative’s prior written consent.
Linking to the site
You may link to the site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice, or other notices on the site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the site immediately upon request by Zee Creative.
Third Party Content and Links
Third party content may appear on the site or may be accessible via links from the site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the site. We are not responsible for content on other websites accessed from links on zcreative.com. You understand that the information and opinions in the third party content or on third party websites represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.
Third Party Services
We may allow access to or advertise certain third party product or service providers (Merchants) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITE OR ANY OTHER SITE LINKED TO OUR SITE.
Zee Creative’s services include, but are not limited to, website hosting (hosting), email, web marketing, programming and design. By signing up for any Zee Creative services, you represent you are at least eighteen (18) years of age and legally able to enter into this agreement on behalf of yourself or a company. You agree you will use the services in accordance with the terms stated in this agreement.
Hosting and email services are for a term of one year (12 months) and will automatically renew for one year terms unless cancelled prior to the renewal date. Hosting and email services have specified storage and usage limits and accounts that exceed these limits may be billed overage charges.
Except where a written agreement exists stating otherwise, programming, design and web marketing services are a month to month term and can be cancelled at any time.
Billing and Payments
All billing and prices shown on zcreative.com are in US currency and payments to us are to be made in US currency. We accept the following forms of payment:
- Credit Card (VISA, MasterCard, American Express, Discover)
- Check or Money Order
You agree to provide Zee Creative with accurate account and billing information. This includes but is not limited to name, address, phone number, email address and payment information. It is your responsibility to ensure Zee Creative has current billing information on file. Invoices, statements and past due reminders are sent via email by default. If you wish to have paper invoices and statements, you must request that option. Account updates should be sent to [email protected].
Invoices not paid by the invoice due date, may result in suspension of services including hosting, email or work in progress at any time after the due date. Services will be suspended until the account is brought current and may be charged a reactivation fee. Hosting and email services not reactivated within 30 days of suspension will be cancelled and removed from our servers.
Prepayments or setup fees may be required prior to initiation of work for projects or search marketing services. These prepayments are non-refundable but can be applied to other services with Zee Creative if requested within one (1) year of the original approval.
Finance charges are applied to past due accounts at a rate of 1.5% per month (18% annual rate) with a $1.00 minimum charge. All past due and unpaid balances are subject to collection, at our discretion. Zee Creative reserves the right to require credit card auto-billing for accounts that are repeatedly past due.
Accounts with a payment that is returned for insufficient funds (NSF check) or has a credit card chargeback may be charged a $30 processing fee.
All cancellations are to be made in writing to [email protected]. Hosting and email services must be cancelled at least 30 days prior to the renewal date. Prepaid hosting and email fees are non-refundable. Upon cancellation of service, the data in your account (hosting files, emails, etc.) will be removed after 48 hours and cannot be recovered. It is your responsibility to ensure you have copies of all needed data.
Zee Creative will not be liable to you for compensation, reimbursement or damages on the account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever on suspended or voluntary or involuntarily cancelled accounts. Cancellation of your account does not relieve you from paying any outstanding balance owed on your account.
As a customer, you understand and agree Zee Creative may send you notices regarding your services or account by email. These notices include, but are not limited to, scheduled maintenance, overages and billing updates.
Website Hosting Service Level Agreement (SLA)
Zee Creative strives to have hosting services available 99.9% of the time in any given month. In the event of service interruption on Zee Creative’s equipment and unrelated to scheduled maintenance, credit of one (1) day’s hosting fees for every sixty (60) minutes of service unavailability, up to one (1) month’s hosting fee. To receive a credit, you must contact Zee Creative indicating the service unavailability within 24 hours of interruption and must be in good financial standing with Zee Creative at the time of the incident.
Acceptable Use Policy (AUP)
This Acceptable Use Policy (AUP) describes activities that are not allowed on Zee Creative’s services. The AUP is incorporated by reference in your Agreement with Zee Creative.
Terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement.
Questions or inquiries regarding the AUP should be directed to [email protected]
You may not use Zee Creative’s network or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including:
- Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages;
- Use of an internet account or computer without the owner’s authorization;
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
- Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
- Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into the services;
- Collecting or using information, including email addresses, screen names or other identifiers, by deceit, (such as, phishing, Internet scamming, password robbery, spidering, and harvesting);
- Use of any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
- Distributing software that covertly gathers or transmits information about a user;
- Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools for such purpose included on major operating systems (such as Microsoft’s “ad/remove” tool);
- Any conduct that is likely to result in retaliation against the Zee Creative network or website, or Zee Creative’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS);
- Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
- Interference with service to any user of the services or other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Any action which directly or indirectly results in any of our IP space being listed on any abuse database (i.e. Spamhaus);
- Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; or
- Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Zee Creative.
You may not publish, transmit or store on or via the services any content or links to any content that Zee Creative reasonably believes:
- Constitutes, depicts, fosters, promotes or relates in any manner to child pornography, bestiality, non-consensual sex acts, or otherwise unlawfully exploits persons under 18 years of age;
- You may not use the services to stream live sex acts of any kind, even if the content would otherwise comply with the AUP;
- Publish, transmit or store any content or links to any content that is excessively violent, incites violence, threatens violence, contains harassing content or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
- Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Is defamatory or violates a person’s privacy; or
- Is otherwise malicious, fraudulent, or morally repugnant.
No High Risk Use
You may not use the services in any situation where failure or fault of the services could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use, or permit any other person to use, the services in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:
- You must have the means to track anonymous complaints; and
- You must not obscure the source of your e-mail in any manner.
- You must post an email address for complaints (such as [email protected]) in a conspicuous place on any website associated with the email, and you must promptly respond to messages sent to that address;
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure, and you can produce the evidence of such consent within 72 hours of receipt of a request by the recipient or Zee Creative;
- You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You must include the recipient’s e-mail address in the body of the message or in the “TO” line of the e-mail.
- You must honor revocations of consent and notify recipients of the same;
These policies apply to messages sent using the services, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted on Zee Creative’s services. In addition, you may not use a third-party email service that does not practice similar procedures for all its customers. These requirements apply to distribution lists created by third parties to the same extent as if you created the list.
You may not attempt to probe, scan, penetrate or test the vulnerability of a Zee Creative system or network, or to breach the Zee Creative security or authentication measures, whether by passive or intrusive techniques.
The services may not be used in violation of export laws, controls, regulations or sanction policies of the United States or your applicable jurisdiction. The services may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to: illegal gambling; terrorism; narcotics trafficking; arms trafficking or the proliferation, development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles; in each case including any affiliation with others whatsoever who sponsor or support the above such activities or causes.
Intellectual Property and Other Proprietary Rights
You may not use our services in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:
- You may not use the services to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright law unless you have permission from the owner of the work to use or copy the work in that manner, or you are otherwise permitted by established intellectual property law to copy or use the work or rights in that manner;
- You may not use the services to publish content intended to assist others in defeating technical copyright protections; and
- You may not display another person’s trademark without permission.
In addition, you may not use the services to publish another person’s trade secrets, or to publish information in violation of a duty of confidentiality.
If you believe your work has been copied in a way that constitutes copyrights infringement by a user of Zee Creative’s services, please contact Zee Creative at [email protected] with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work you claim has been infringed
- A description of where the claimed infringing material is located
- Your name, address, telephone number and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
It is Zee Creative’s policy to terminate the services of customers who are repeat infringers in appropriate circumstances.
Cooperation with Investigations and Legal Proceedings
If we are legally required to permit any relevant authority to inspect your content or traffic, you agree we can do so; provided however that, where possible without breaching any legal or regulatory requirement, we give you reasonable prior notice of such requirement.
We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law, and provide any information we have about you, or your users or your traffic and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Excessive Use of Shared System Resources
You may not use any shared system provided by Zee Creative in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. For example, we may require you to repair coding abnormalities in your hosted code if it unnecessarily conflicts with other customers’ use of the service. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers’ data that is stored on the same system.
Third Party Conduct
You are responsible for violations of this AUP by anyone using your services with your permission or on an unauthorized basis resulting from your failure to use reasonable security precautions. Your use of the services to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.
You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws against spam and unsolicited email, including where appropriate by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your service applies even if a breach is committed unintentionally or without your authorization, including through a Trojan horse or virus.
- You must have valid and current information on file with your domain name registrar for any domain using Zee Creative services.
- You may only use IP addresses assigned to you by Zee Creative in connection with your Zee Creative services.
- You agree that if you register a DNS record or zone on Zee Creative managed or operated DNS servers or services for a domain of which you are not the registrant or administrative contact listed on the registrar’s WHOIS system, that, upon request from the registrant or administrative contact listed on the registrars WHOIS system, Zee Creative may modify, transfer, or delete such records or zones.
- You may not register to use any services under a false name, or use an invalid or unauthorized credit card in connection with any services.
Changes to the AUP
The Internet continue to evolve, and the ways in which the Internet may be abused are also still evolving. Therefore, we may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of our Services by publishing a revised version of the AUP at http://www.zcreative.com/support/policies-legal-agreements/zee-creative-acceptable-use-policy/. If significant changes are made to the AUP, notice that changes have been made will be done via email newsletter, on our website and/or included in notices with billing.
The revised AUP will become effective as to you thirty (30) days after posting on the Zee Creative website.
If your compliance with the revised AUP would adversely affect your use of the services, you may elect to terminate the Agreement by giving Zee Creative written notice of your objection no later than thirty (30) days following the date of the revised AUP effective date. We will not charge you an early termination fee for a termination on these grounds. If you elect to terminate, you may continue using the services for up to an additional sixty (60) days and we will not enforce the revision on your account during this time, you will continue to be subject to the prior version.
Violation of AUP Consequences
If you breach the AUP we may suspend or terminate your services in accordance with this Agreement. We may intercept or block any content or traffic belonging to you or to users where services are being used unlawfully or not in accordance with this AUP.
No credit will be available under the Website Hosting SLA for interruptions of service resulting from any AUP violations.
Search Engine Optimization (SEO) and Reporting
Your use of our Search Engine Optimization (SEO) and Reporting services are subject to the following terms.
For the purposes of receiving professional SEO services, client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimization, and to communicate directly with any third parties, if necessary.
- Authorization to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by Zee Creative for search engine optimization purposes.
- If client’s site is lacking in textual content, client will provide additional text content in electronic format for the purpose of creating additional or richer web pages. Zee Creative can create site content at additional cost to the client. If client is interested in using Zee Creative’s creative writing/content creation services, please contact Zee Creative for a cost estimate.
Client must acknowledge the following with respect to SEO services:
- All fees are non-refundable.
- All fees, services, documents, recommendations, and reports are confidential.
- Zee Creative has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- In most cases, performing on-site optimization only (while not increasing the amount of in-bound links to the website) will only provide limited benefits. For long-term, sustainable success in the search engines, increasing the amount of incoming links to your website is essential.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Zee Creative does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
- Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than “x” amount of time. This is referred to as the “Google Sandbox.” Zee Creative assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
- Linking to “bad neighborhoods” or getting links from “link farms” or “link networks” can seriously damage all SEO efforts. Zee Creative does not assume liability for the client’s choice to link to or obtain a link from any particular website without prior consultation.
- Zee Creative is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the client’s
- The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Zee Creative for inclusion on the website above are owned by the client, or that the client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Zee Creative and its subcontractors from any liability or suit arising from the use of such elements.
- Zee Creative is not responsible for the Client overwriting SEO work to the client’s (e.g., client /webmaster uploading over work already provided/optimized). The client will be charged an additional fee for re-constructing content.
Our website and services are provided “as-is” and “as available” and we disclaim all warranties, express or implied, including but not limited to the merchantability or fitness for a particular purpose. We do not represent or warrant that the website or services will be error-fee, free of viruses or other harmful components or that defects will be corrected. The information and services may contain bugs, errors, problems or other limitations and neither Zee Creative nor its suppliers or affiliated parties have any liability for your use of the services, except as stated elsewhere in this document.
Limitation of Liability
With respect to this agreement in whole, in no event, will Zee Creative or its suppliers be liable for any loss or damages of any kind, the cost to obtain substitute services, interruptions of service, loss or corruption of data or for any amounts that exceed your payments to Zee Creative during the twelve (12) months prior to the cause of action. Zee Creative has no liability for any failure or delay due to circumstances beyond our reasonable control.
You agree to defend, indemnify and hold harmless Zee Creative, its suppliers, and their respective employees, directors and representatives from and against any and all claims and expenses, including attorney’s fees, arising out of or relating to your use of our services, including but not limited to your violation of this agreement.
This Agreement shall be treated as though it were executed and performed in Billings, Montana, and shall be governed by and construed in accordance with the laws of the State of Montana (without regard to conflict of law principles). Any cause of action by you with respect to the services must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Any dispute arising under this Agreement shall be settled in accordance with the commercial arbitration rules of JAMS. Any dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with another party. The arbitration shall be conducted in Billings, Montana and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Billings, Montana necessary to protect the right or property of you and us pending the completion of arbitration. Each party shall bear one-half the arbitration fee and costs incurred through JAMS. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
When you visit our website you may provide us with two types of information: personal information you knowingly choose to disclose collected on an individual basis and website use information collected on an aggregate basis as you and others browse our website.
Personal information you may choose to provide
You will provide us information about yourself, your company and your practices when you contract us to provide services to you or register for email newsletters. Zee Creative only collects the information necessary for fulfilling the requested services. If you choose to correspond with us through email, we may retain the content of your email messages together with your email address and our responses.
Non-identifying information we may collect
Your IP address may be used to estimate the number of visitors from geographic regions or used to identify and block visitor that are attempting to disrupt or cause harm to our site or services.
Cookies are files that are stored on your computer with an anonymous unique identifier. Cookies are used to identify and track visitors to our site and their usage of our site. Cookies can only be saved if your browser is set to allow them. If you choose not to allow cookies, certain features or our website or services may not function properly.
Our website uses the Google AdWords Remarketing platform to place advertising for Zee Creative on the Google Display Network. Google AdWords Remarketing will display ads to you through the Google Display Network based on past visits to zcreative.com by placing a cookie on your web browser. This cookie does not in any way identify you or give access to your computer, tablet or mobile device. The cookie is used to indicate to other websites that “This person visited a particular page, so show them ads relating to that page.” Google AdWords Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you. If you do not wish to see ads from Zee Creative through the Google Display Network you may opt out in several ways:
How we use information we collect
Generally, the information we collect is used for administrating and expanding our business and services and understanding how visitors are using our site to improve our services. Personally identifying information may used to notify you of important changes to our website, new services and special offers we think you may find valuable. You may opt-out of these notices by unsubscribing to our newsletter or contacting us a [email protected].
We use third parties to facilitate our business, including but not limited to, sending email and processing credit card payments. In connection with these offerings and business operations, these third parties may have access to your personal information for use in connection with business activities.
As we develop our business, we may buy or sell assets or business offerings. Customer, email and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers or any dissolution.
We may disclose your personal information if required to do so by law or subpoena or if we believe that such action is necessary to conform to the law or comply with legal process served on us or related parties or to protect and defend our rights and property, the site, the users of the site, third parties or the public at large.