ZenCast ("ZenCast", “we”, “us” or “our”) agrees to furnish services to the Subscriber (the “Subscriber”, “you” or “your”), subject to the following Terms of Service. Use of ZenCast's service constitutes acceptance and agreement to ZenCast's Terms of Service. ZenCast reserves the right to modify the Terms of Service without notice.
This page outlines our General Terms and Conditions Agreement. By using the Site, you agree, without limitations or qualifications, to comply with this Agreement and any additional rules and guidelines we may append that are applicable to ZenCast or any Product or Service we offer.
You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the relevant jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify ZenCast of any unauthorized use of your account or any other breach of security. ZenCast will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using ZenCast. You will only upload digital content that you have created and/or have the rights to.
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that ZenCast will impose fees; and/or pursue civil remedies without providing advance notice. ZenCast and the services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. ZenCast's services may not be used to facilitate infringement of these laws in any way. Other Activities viewed as illegal or harmful: engaging in illegal activities, engaging in activities harmful to the operations of ZenCast or ZenCast's customers, providing false data on any contract or application, including fraudulent use of credit card numbers.
You agree that ZenCast shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectible by ZenCast may be turned over to an outside collection agency for collection. Subscriber is aware that ZenCast may prospectively change the specified rates and charges from time to time (with notice). ZenCast is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by ZenCast. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits will not be issued for unused services when customer retains any active service.
ZenCast reserves the right to suspend network access to any customer if, in the judgment of the ZenCast network administrators, the customer's account is the source or target of a violation of any of the other terms of service or for any other reason which ZenCast chooses. ZenCast will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. ZenCast reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's account was suspended. If at any time it becomes necessary for ZenCast to cancel a customer's service without cause, ZenCast will provide advance notice. You may cancel the service at any time by using the "Cancel" link located on the "Billing" page of the ZenCast web application. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
Subscriber is solely responsible for the preservation of subscriber's data which subscriber stores on ZenCast (the “Data”). Even with respect to Data as to which subscriber contracts for backup services provided by ZenCast, ZenCast shall have no responsibility to preserve Data. ZenCast shall have no liability for any Data that may be lost.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: which subscribers gain access to the services; what content you access via the services; or how you may interpret or use the content. You release us from all liability for you having acquired or not acquired content through the services. We make no representations concerning any content contained in or accessed through the services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content contained in or accessed through the services. The services and content are provided "as is", "as available and without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. We, and our directors, employees, agents, suppliers, partners and content providers do not warrant that: (1) The services will be secure or available at any particular time or location; (2) Any defects or errors will be corrected; (4) The results of using the services will meet your requirements. Your use of the services is solely at your own risk.
In no event shall we, nor our directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the services (1) for any lost profits, data loss, data theft, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, compensatory or consequential damages of any kind whatsoever, substitute goods or services (however arising), (2) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (3) for any direct damages in excess of (in the aggregate) of fees paid to us for the particular services during the immediately previous one month period, even if ZenCast had been advised of, knew, or should have known, of the possibility thereof. Subscriber acknowledges that the fees paid by him or her reflect the allocation of risk set forth in this agreement and that ZenCast would not enter into this agreement without these limitations. Subscriber hereby waives any and all claims against ZenCast arising out of subscriber's purchase or use of the services, or any conduct of ZenCast's directors, officers, employees, agents or representatives. Your sole and exclusive right and remedy in case of dissatisfaction with the services or any other grievance shall be your termination and discontinuation of access to or use of the services.
ZenCast wishes to emphasize that in agreeing to the ZenCast Terms of Service, customer indemnifies ZenCast for any violation of the Terms of Service that results in loss to ZenCast or the bringing of any claim against ZenCast by any third-party. This means that if ZenCast is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against ZenCast, plus all costs and reasonable attorney's fees.
You agree that ZenCast may provide you with notice and communication, including those regarding changes to the Terms of Service, by email, regular mail, or postings on ZenCast services.
This Agreement is effective as of 2017 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page. We reserve the right to update or change this Agreement at any time. If we make any material changes to this Agreement, we will provide prior notice to you either through the email address you have provided us, or by placing a prominent notice on our website.
If you still have any questions about this Agreement, send us a message. We're here to help =).