Hosting Terms of Service

Zakon Group LLC provides hosting for OpenConf subject to the following Terms of Service.

Service: Zakon Group LLC agrees to provide you access to OpenConf software (the "Software") via the Internet at a website address or URL (the "Web Site") assigned to you by Zakon Group. Zakon Group further grants you a non-exclusive, non-transferable, worldwide license to use the Software as hosted by Zakon Group at the Web Site only for such time as all applicable fees are paid and you comply with the provisions of this Agreement (the "Terms"). At all times ownership of the Software shall remain with Zakon Group, which retains title and all rights and interests not expressly granted to you in these Terms.

Definitions: The terms used in the OpenConf Hosting Terms of Service shall have the following meanings:

Agreement: By requesting an account from Zakon Group, or accessing any part of Zakon Group's Network for any reason, you agree to act as a responsible user who understands the consequences of violating any of the Terms and agrees to act in accordance with each of the Terms provided below. You also understand that your continued use of the Services constitutes an agreement to the terms and conditions herein.

Modifications and Changes: Zakon Group reserves the right to modify, update, change or revise (collectively, "Change") the Terms at its sole discretion without notice. Unless otherwise stated, Changes are in effect upon the posting of such Changes. Continued use of the services following any Change constitutes acceptance of such Change. The Terms listed below, and any Changes thereto, represent the entire understanding and agreement between the Account Holder and Zakon Group.

Forbidden Content and Activities: Account Holder shall not use, nor shall it recklessly or knowingly permit others to use, the Zakon Group Services: (a) for the storage, delivery, receipt, or promotion of any unlawful, invasive, infringing, defamatory, racist, violent, or fraudulent content, products, services, or actions; (b) to store or send any virus, worm, trojan horse or harmful code or attachment; (c) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network or to store anything that may aid in this type of activity; (d) to interfere with the use of the Zakon Group Network by other authorized users or to store anything that may aid in such interference; (e) to alter, tamper with, adjust, repair or circumvent any aspect of the Services or to store anything that may aid in such actions; or (f) in violation of one or more of the terms listed below.

NO-spam Policy: Account Holder shall not use, nor recklessly or knowingly permit others to use, any part of the Zakon Group Network to send unsolicited messages of any kind, regardless of the content or nature of such messages, including but not limited to email, newsgroup postings, web forum postings and other electronic discussion fora. Account Holder shall also not promote, nor recklessly or knowingly permit others to promote, any product or service that uses any part of the Zakon Group Network by means of unsolicited messages of any kind, regardless of the content or nature of such messages.

Excessive Resource Usage and/or Abuse: When an account uses more resources than it has been allocated, Zakon Group will notify the Account Holder by means of an email sent to the primary email address on file and, depending on the severity, will either (a) charge the account accordingly for the extra usage; or (b) immediately suspend the account from further use of the Zakon Group Services and provide reasonable opportunity to cure; or (c) immediately terminate the account from further use of the Zakon Group Services including termination of this agreement without further liability or obligation to Account Holder.

Circumvention of Fees: The circumvention of fees by the engineering of a method that emulates a service or value added service established or offered by Zakon Group is strictly prohibited, unless otherwise explicitly stated or expressed by Zakon Group.

Payment and Termination: All payments are due on time. Failure to use the services associated with a package will not relieve the Account Holder of payment obligations for such services. Any account that is unpaid by the due date is at risk of suspended services and/or extra fees. Accounts that are suspended for 10 days will be deleted without backup provisions. The Account Holder is responsible for all fees accumulated during the time Zakon Group continued to store the contents of the account, regardless of size or suspension status. Terminated accounts may be deleted immediately and without backup provisions.

Cancellation: The Account Holder may cancel their account at any time by emailing us a request. We will confirm the request via email to the account contact(s). Cancelled accounts may be deleted immediately upon reaching the requested date of cancellation and without backup provisions. At Zakon Group's option, a refund of paid fees, minus a US$100 set up charge, may be made if the account is unused and the cancellation request is received within fifteen (15) days from the account being set up.

Consequence of Violation: If Account Holder, or a third party through Account Holder, violates or attempts to violate any of the foregoing prohibitions or affects the normal operation of any of the Services provided by Zakon Group including, but not limited to, administrative tasks, technical support, any Server operations, network speed, service, content or email delivery, Zakon Group may perform any of the following actions, alone or in combination:

  1. Send a Terms of Service warning, by means of email to the primary email address on file with Zakon Group, providing notice to the Account Holder and offering the Account Holder a reasonable opportunity to cure;
  2. Immediately suspend the Services and provide notice to the Account Holder, by means of email to the primary email address on file with Zakon Group, offering the Account Holder a reasonable opportunity to cure;
  3. Immediately terminate this agreement and the Services without further liability or obligation to Account Holder.

Violators of these Terms may also incur criminal or civil liability. Zakon Group may refer violators to civil or criminal authorities for prosecution, and will cooperate fully with applicable government authorities in connection with the civil or criminal investigations of violations.

No Commercial Use: Other than using the Services for events, journals, or other activities in which You are an active participant, and as permitted under the terms and conditions of this Agreement or other written agreements between You and Zakon Group, You may not resell, distribute, make any commercial use of, use on a timeshare or service bureau basis, or use to operate a Web-site or otherwise generate income from the Services.

Indemnification: You and your agents agree to defend, indemnify and hold harmless Zakon Group and its Affiliates from and against any and all losses, liabilities, expenses and damages of every kind and nature, known and unknown, suspected and unsuspected, including legal fees and costs, incurred in connection with any claim arising out of, resulting from or relating or in any way connected to your account, breach of these Terms or use of any service, product, information or materials offered or provided by or obtained from Zakon Group or its affiliates.

Disclaimer of Warranties: Zakon Group will use commercially reasonable efforts to provide quality and uninterrupted service, but this is not guaranteed. The services and Software are provided "AS IS" and without warranty of any kind. Zakon Group, Its Affiliates, Suppliers and Resellers expressly disclaims all warranties, express or implied, including, but not limited to, the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. Zakon Group does not warrant that the Web Site will be available, that the Software will meet your requirements, or that the operation of the Software will be uninterrupted or error-free, or that defects in the Software will be corrected. Zakon Group will not be responsible for loss of data, delay, non-delivery or mis-delivery of information, lack of access, slow response time, service interruptions or errors.

Limitation of Liability: Under no circumstances shall Zakon Group or Its Affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages including, without limitation, damages for loss of use, data, or profits arising out of, resulting from or relating or in any way connected to the use or performance of, or inability to use, any service, product, information or materials offered or provided by or obtained from Zakon Group or Its Affiliates.

In no event shall the total liability of Zakon Group and Its Affiliates, collectively, to You for all damages, losses and causes of action, whether the alleged liability is based on contract, tort, negligence, strict liability or on any other basis, exceed the total payments made by You during the twelve months preceding the month in which the alleged liability was incurred, even if Zakon Group has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above limitation and exclusion may not apply to You or may be limited to the extent permitted by law.

Controlling Law and Severability: These Terms shall be governed by the laws of the United States and the State of New Hampshire. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these Terms shall continue in full force and effect. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Carroll County, New Hampshire, and you consent to the jurisdiction of such courts.

Refusal of Service: Zakon Group reserves the right to refuse or cancel service at its sole discretion.

Complete Agreement: This License constitutes the entire agreement between the parties with respect to the use of the Software on the Zakon Group platform, and supersedes all prior or contemporaneous understandings regarding such subject matter.

For further information about the OpenConf Hosting Terms of Service, contact Zakon Group LLC at:
Zakon Group LLC
P.O. Box 2774
North Conway, NH 03860
USA