TOS & AUP

This legally binding contract (the "Agreement") is by and between Zencartwebhosting , Inc., an Washington corporation, and you and your assigns, employees, agents or contractors ("You", "Your", the "Client") and is effective as of the date you purchase dedicated hosting services from Zencartwebhosting. This Agreement sets forth the terms and conditions of Your use of Zencartwebhosting's Dedicated Server services (collectively, the "Services") and represents the entire agreement between You and Zencartwebhosting relating to the Services. This Agreement contains provisions that set forth Zencartwebhosting's Acceptable Use Policy, Privacy Policy and guarantees of a certain service level (found in the "Uptime Guarantee" and "Service Level" sections below).

By purchasing the Services, You acknowledge and agree that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies that Zencartwebhosting may establish and post on its website from time to time.

Description of Services

Zencartwebhosting provides the Services to its customers for a monthly fee. Zencartwebhostingwill provide You an account on one or more of its dedicated servers, provided, however, You abide by the terms and conditions set forth in this Agreement and in any other agreement pertaining to other services you may purchase. Zencartwebhosting reserves the right to modify its network and facilities used to provide the Services for purposes including, but not limited to, accommodating evolving technology and increased network demand, and providing enhanced services. Zencartwebhosting shall use reasonable efforts to notify You in advance of any planned changes to Zencartwebhosting's network or facilities that may adversely affect the Services provided under this Agreement.

Fees

Fees for Services ordered by You shall be charged beginning on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

From time to time it may be necessary to make adjustments in the fees and surcharges charged for the Services in order to cover certain changing costs (e.g., power) incurred by Zencartwebhosting in providing the services. Such adjustments will be reflected on the statement or invoice provided to you for the Services, and you agree to pay for the fees and surcharges for the Services, as adjusted.

Payment Options

Zencartwebhosting provides several options for payment:

- Credit Card on File. When you place a credit card on file with Zencartwebhosting , we will, typically, bill the card a few days before your invoice is due. If the credit card charge is expired, not authorized or declined by our processing company, we will notify you via E-mail. We request that you update your card promptly. If your invoice becomes more than 3-days past due (from the invoice Due Date) then Zencartwebhosting reserves the right to suspend service or terminate service after 5 days past due until payment is received.

- Checks, Money Orders, Wire Transfers and Pay Pal payments. Zencartwebhosting accepts both checks and money orders. In the event a check is returned, Zencartwebhosting will charge a returned check fee of $35.00 or, if less, legal limit in Your state or country. You are responsible for payment of all bounced check fees. In the event Your invoice is 3-days or more past due (from the invoice Due Date) then Zencartwebhosting reserves the right to suspend service or terminate service after 5 days past due until payment is received.

Late Payment

Zencartwebhosting reserves the right to charge a late fee of 1.5% per invoice per month on late payments. Invoices will be automatically considered late once the invoice due date has passed.

Non-payment Termination

In the event you fail to pay your invoice within 3 days of the due date, we reserve the right to suspend your service.

If you are still past due on the 5th day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.

If you are terminated for non-payment, we also reserve the right to refer your account to a third party collection agency and you agree to pay any collection fees or legal fees we may be charged to collect on your debt.