Zetamex Network Terms of Service


1. General
1.1 The following terms and conditions apply to all business relationships between the Customer (hereafter referred to as “you”)and Zetamex Network, hereafter referred to as "us". The governing law is that which was valid when the contract was put into effect.

1.2 Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.

1.3 The various top-level domains ("domain suffixes") are administered by a multitude of different, mostly national, organizations. Each of these organizations allocating domains has different terms and conditions for registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes.

This just clarifies this document a bit and tells you to check for any rules regarding the registration of Domains with us.

2. Conclusion of the contract
2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.

2.2 We will confirm receipt of the customer's order immediately. The confirmation is not contractually binding until it is accepted by you. The confirmation and acceptance of the contract may be incorporated together.

2.3 We are entitled to accept the offer of a contract (the order) within a period of 5 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.

2.4 By signing up as customer you warrant that you are at least 18 years of age or older and that signup for service does not violate any laws, rules or regulations of your country of origin.

Basically says that like the world itself things keep changing and so are we and sometimes change happens on short notice.

3. Scope of services
3.1 As far as the subject of the contractual relationship is concerned regarding the registration of domain names, we conduct the procurement of the desired domain only. For the actual allocation of the domain name, you can only expect it if and when this is confirmed by us. We do not have any influence over the allocation of domain names. Any liability and warranty for the actual allocation of ordered domain names is therefore excluded.

3.2 We cannot guarantee network availability for the infrastructure providing service to you.

3.3 The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.

3.4 If you wish to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of the admission to the search engine.

3.5 You agree to, for the period of your contract, to not engage in direct competition to Zetamex Network unless written consent is given by Zetamex Network. Failing to notify Zetamex Network of potential competitive entities you own, run or manage will result in termination of contract.

3.6 Unless otherwise specified and agreed upon, Zetamex Network allocates certain resources to each customer and service based on fair usage. We reserve the right to charge any customer for additional resources used without prior notice.

3.7 Any estimates provided by Zetamex Network for contractual work, regular maintenance, unscheduled maintenance or other tasks are non binding.

We can try to register your desired domain, but if it is taken there is nothing we can. We also can't bend the laws of nature, so if a datacenter drowns or goes up in flames there is not much we can do about that, so we can't guarantee it either.

4. Data integrity
4.1 Where data is transmitted to us, it is your responsibility to back up your data regularly. The server will be backed up regularly by us when this is part of the offer. In any case of data loss, you must transfer the backed up data to us again free of charge.

4.2 You are obliged to carry out a complete data backup before any changes are made.

4.3 You will receive a user ID and password for security purposes. This must be kept confidential. You may be held liable for any malpractice resulting from the unauthorized use of the password. If you become aware that unauthorized third parties know the password, you must inform us without delay. If you are at fault for third-party password abuse, you will still be liable for all user fees and damages. In suspicious cases you may request a new password, which we will reissue.

4.4 Services or Software provided as "beta" cannot, by definition, be considered fault-free and as such should be used with caution. You are solely responsible for any data within, created by, transmitted through or extracted from such services or software.

We make regular backups of most things, but not all, unless that is specifically ordered. Please keep your login information in a safe place and without access by unauthorized third parties.

5. Privacy
5.1 Our data protection practice conforms to the Federal Data Protection Act (BDSG) as well as the German Teleservices Act (TMG).

5.2 Personal data of customers will only be collected and used if it is required for the creation, content arrangement or modification of the contractual relationship. You are obligated to update this data using your online administrator’s interface.

5.3 Your email address will only be used for information on orders, for invoices and (provided that you do not object) for customer care as well as for our newsletter.

5.4 We do not give any personal information to third parties, except our service partners as only as far as they are required to determine the remuneration and settlement with the customer.

5.5 You have the right to your information and a right to amend, to suspend or to delete your saved information. If deletion conflicts with a legal or contractual duty to save information, or other legal grounds, the information will be made inaccessible.

Per law we have to ask you for specific data to your person. Said law also says that we have to keep that data safe and not give it to just about anybody, unless legally forced.

6. Published Content
6.1 It is your responsibility to identify the Internet content as your own or as third-party content. Your (real) full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. You are obliged to understand these provisions and to comply with them.

6.2 You may not publish content that may violate the rights of third parties, or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this. The same applies in the event that you publish content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers' content.

6.3 The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.

6.4 Any content requiring specific labeling, notices or warnings for purposes of compliance with local or international law shall be labelled accordingly by the customer. The customer is solely responsible for the conformity of content labeling, notices or warnings of any and all content published on our systems.

We only provide a service and if you abuse that service or use it for purposes violation local or international law then we have to terminate your account.

7. Liability
7.1 For direct damages, secondary damages, misuse of provided software, hardware, interfaces or lost profits due to technical problems and disturbances within the Internet that are not in our sphere of influence, we assume no liability.

7.2 With regards to contractors, we are not liable for minor negligence of contractual obligations. This does not apply to all cases of personal injury and is in accordance with the product liability law. For indirect damages and loss of profits, we are liable only in cases of intentional or gross negligence. In this case we are liable only for the contract-typical predictable damage, a maximum of 100% of the annual fee.

7.3 If your web content is in violation of Section 6 of these Terms, particularly in violation of legal prohibitions or morality, you shall be liable to us for all of the resulting direct and indirect damages, including property damage. In addition, you will agree to indemnify us against all claims by third parties that may result from illegal internet content. The exemption obligation includes liability for all legal defense costs (e.g. court and attorneys' fees).

7.4 For non-reversible conversion, backup or relocation of data we assume no liability. You remain fully responsible for the integrity of the data provided for these processes.

7.5 Customers are solely responsible for the security of their accounts and shall use proper security protocols and standards including strong passwords for all logins. Customers are solely responsible for the actions of sub-accounts and elevated users and may be held liable for damages caused by sub-accounts or users.

If we can't control it then we may not be able to save it either. So please don't waste your lawyers time with it. Additionally, we cannot guarantee that removing any illegal or violative content can be done without any loss of data.

8. Terms of payment
8.1 Depending on the contractual agreement, a monthly, quarterly or annual account will be issued. Monthly payments are conducted solely by issuing an invoice.

8.2 We are entitled without warning to apply late fees on all overdue payments as indicated on the invoices.

8.3 We are also entitled, in case of default payments, to block your internet presence on our services and to suspend all other functions.

8.4 Invoices are sent by Email as attachments, upon request with a qualified signature. To receive invoices by ordinary post we are entitled to charge a reasonable service fee. For retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee.

Even we have to buy our bread, if you can't pay on time let us know.

9. Contract duration/cancellation/place of execution
9.1 Where not otherwise contractually agreed, the contracts are in place for an indefinite period of time.

9.2 The contract is cancellable without giving reasons by both parties at any time during a period of 30 days to the end of the month, but at the earliest on expiry of the minimum contract period stipulated in the contract. A cancellation can be done in writing by letter, fax, email or via the secure online administrator interface, provided this option is available.

9.3 The place of business for all services under this contract is Remscheid, Germany. Jurisdiction for all disputes arising from this contract is for the relevant local Remscheid court, if you are a contractor, a legal entity of public law, or public legal special fund. The same applies if you do not have general jurisdiction in Germany or when the domicile or habitual residence at the time of the action is not known. We are also entitled to take legal action in the country of residence of the customer (you).

9.4 If you intend to assign your contractual rights to another person, you must have our consent. Assignment of contractual rights can only be done in writing by letter, fax or via the secure online administrator’s interface, provided this option is available. When assignment is carried out by letter or fax, the previous and the new contract partners must both provide a signature.

9.5 Violations of any terms listed on this document, laws of the origin country of the customer or laws of the origin country of Zetamex Network will result in immediate termination of the contract without reimbursement. Misconduct or threats made against us or our customers will also result in immediate termination of the contract.
Let us know beforehand when you want to cancel your service with us. Do not be surprised however, when we immediately suspend your account after you have breached this or any other agreement.

10. Rules for reseller
10.1 You, the reseller, are entitled to third-party contractual rights using the internet presence provided to you by us. In this case, you still remain the sole contractor. You are committed to all the terms and conditions of the contract as well as from our order forms. You must pass these terms and conditions to all third parties and oblige them to comply with them. This also applies to the requirements in section 1.3 of these terms and conditions.

10.2 When changes need to be made regarding the participation of third parties, you are obligated to cooperate. You must provide us with the third party's address and contact details on request. We are entitled, in the case of changes, to contact those third parties directly to demand their written agreement to those changes.

10.3 You are responsible for all third party contractual violations. You are financially liable to us for any and all damages resulting from a third party’s violations. In addition, we are exempt from liability for all claims which may arise from third parties and others.

If you resell through us it is still your responsibility to make sure whoever you have sold to is not in breach with this or any other agreement.

11. Cancellation terms
11.1 Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Zetamex Network, Stormstr. 28 42897 Remscheid, Germany, Email: contact@zetamex.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, Email or via the secure online administrations interface). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

11.2 Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of service during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

11.3 Non-refundable fees
Transaction, setup and data-overuse fees are non-refundable fees and are not covered by your right of withdrawal.

Per law you can cancel your service with us in the first two weeks. We will refund you and delete all service relevant data. We cannot refund setup costs and, in accordance with the law, your personal information must remain on file.

12. Associated Organisations and Brands
12.1 Associations
We are not liable for breaches of conditions and terms of third-parties we associate and cooperate with. Any such associations must not be disclosed and, unless lawfully requested, disclosed with any third-parties.

12.2 Brands
Zetamex Network owned brands are bound by the terms and conditions outlined in this document. Additional terms and conditions may apply to specific brands.

12.3 Breach of contract across brands
Terminations from specific brands as a result of breaches of contract, the terms outlined in this document, breach of brand specific terms and conditions may result in termination of all contracts with Zetamex Network and its brands.

We can't control what others do and we don't need to tell you either. Getting thrown out by a brand of Zetamex Network may get you thrown out of all of them.

13. Queries, Complaints and Takedowns
13.1 Content Takedown
Content in violation of the terms in this agreement, local law, personal rights and copyrights should be addressed to the contact in the Imprint at the bottom of this page. Each request must contain any relevant material required for the determination of the validity of any claims made. Failure to provide material or submission of invalid claims may result in further legal steps taken by Zetamex Network or its customers/users.

13.2 Press inquiries
Inquiries for the purpose of publication must be labelled as such. Failure to disclose the intend of inquiries may result in legal steps taken.

13.3 Legal inquiries
Zetamex Network does not share any customer data with third parties unless complaints are substantially founded and/or have legal validity in the country of origin of the subject of the complaint. Legal inquiries from appropriate institutions and with proper jurisdiction are answered to the extend permissable with local law and privacy laws.

13.4 Takedown in obligation
We reserve the right to temporarily or indefinitely restrict or remove access to any content within our systems until any dispute over the content is resolved. Zetamex Network is not liable to provide compensation for the potential loss of revenue as a result from restrictions or removal of content.

If a court asks us to remove something or you can undoubtedly proof that someone took something from you we will remove such content. Liability is with the requestee or the violator, not us.

Imprint
Zetamex Network
Vincent Sylvester
Stormstr. 28
42897 Remscheid
Germany

Germany: +49 2191-7899003
USA: +1 702-830-9694

Email: contact@zetamex.com

USt-Id Nr. DE 301276087