Before you receive our services, please be sure to review our terms of service ("ToS"). If you purchase and use our services, you agree to and comply with our terms of service. These terms of service may be changed by ZgoCloud from time to time, with or without notice.
About Us
The operating and legal entity responsible for providing our services is ZgoShop, Inc. ZgoShop was incorporated in the state of Delaware in the United States in 2021.
Customer
Once you register for our service, you represent that you are at least 18 years old and have legal capacity.
Service Updates
To better develop and provide our customers with better and more stable services, we may modify and update our terms of service. When you use our services, you automatically accept our policy that we may modify the terms.
Contract Signing
1. When the customer subscribes to the service, the service agreement terms will be submitted for review. Once the customer has read the terms and wishes to subscribe to the service, or when the customer purchases Zgocloud products and has actually paid for them, the terms will be deemed accepted by the customer. This agreement will take effect when Zgocloud issues its first invoice to the customer.
2. The agreement is signed in English or Chinese (simplified/traditional).
3. If the customer violates Zgocloud's or third-party service terms (such as payment obligations) or the best practices of internet use, or for other sufficient reasons determined by Zgocloud, Zgocloud has the right to refuse to sign the agreement.
We will not refund under the following circumstances:
- Multiple refunds from the same account, each account can only be refunded twice
- Traffic usage exceeding 10G
- Receiving services transferred from other customers
- Targed by (D)DoS
- The network is not good enough
- Any loss caused by any type of abuse
- IP geographic location reason
- If the purchased product IP is blocked or blacklisted, including but not limited to: China GFW, blocklist.de
- Clearly stated as non-refundable in the product description
- Purchases made over 3 days ago are non-refundable
- Renewal services are non-refundable
- Funds recharge are non-refundable
5. After purchasing Zgocloud services, if the IP is found to be blocked, you can apply for a replacement within three hours of purchase. After three hours, the IP is deemed to be problem-free and this agreement is accepted.
6.You may change IP once per month, each VPS can apply for IP change a maximum of 3 times, we charge $5 for each case, and only IPv4 is applicable for change.
Zgocloud's Rights and Obligations
1. Ensure continuous service availability for customers at all times.
2. If the service is interrupted due to Zgocloud, We will make every effort to resolve the issue and provide appropriate compensation within the time frame specified in this agreement.
3. Notify customers at least 24 hours in advance of any impediments to using the service.
4. Zgocloud has the right to suspend or terminate services if the customer violates the terms of this agreement.
5. Zgocloud has the right to terminate service to the customer without prior notice if the customer violates the acceptable use policy (AUP).
Customer Rights and Obligations
1. The customer has the right to use the services according to their own wishes and needs. (Subject to compliance with ToS, AUP, United States laws, laws of the country where the server is hosted, and laws of the customer's country.)
2. The customer has the obligation to:
- Pay for the services used according to the payment terms specified on each invoice issued by Zgocloud.
- Not use the services in a way that disrupts communication networks, technical systems, or server functions.
Fair Share Policy
1. CPU Usage
CPU cores on KVM VPS are shared among multiple VPSs. If your VPS consistently utilizes one full core or more, impacting the performance of other client servers sharing the same host node, we may request you to reduce your usage.
2. Bandwidth Usage
The network port is shared fairly, so consistently using a high amount of bandwidth is not allowed.
3. Linux VM does not allow the installation of Windows
4. Violation Handling
If we find that you have violated any usage restrictions outlined in this agreement, we reserve the right to take the following actions:
Suspend your VPS instance to restore normal operation of the server.
Terminate your VPS service.
The following serious violations, we will terminate your VPS immediately:
- CPU Abuse (CPU usage at 80% for more than 1 days or 50% for more than 3 days )
- Bandwidth Abuse (Bandwidth spike at 50% for more than 6 hours or 50Mbps for more than 12 hours)
- Child Pornography
- Cyber Attack
- DMCA/Copyright - need to be dealt with within 1 day
- Malware content - need to be dealt with within 1 day
Prices
Price Changes:
Zgocloud reserves the right to change prices for services at the start of a customers next billing cycle for that service. Due to the historically declining prices of bandwidth and computer hardware, we anticipate that price increases generally will not be necessary. However, events outside of our control, such as prices charged to us for software licenses, power, space, or labor, or due to changes in regulations, taxes, fees, or other costs of doing business, are unpredictable in nature and may at some point require raising rates unexpectedly.
Special Offers:
Special promotional pricing may be offered to specific existing or potential customers, or specific groups of potential or existing customers, from time to time, on a case by case basis, taking into account the economics of the particular situation and our business goals at that time. As such, offers made to specific customers, specific potential customers, or specific groups of customers or potential customers, are only valid for those customers the offer is made to, and may not be applied to existing or new orders by any other person or group. Special offers are not eligible for transfer to other plans or location changes.
Service Transfer and Region Migration
Zgocloud offers service transfer with a service fee of $5. There will be no refunds available after the service transfer.
Zgocloud does not offer region migration.
Backups and Data Loss
Your use of the service is at your sole risk. ZgoCloud is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on ZgoCloud’s servers.
Our Responsibility And Liability For Loss/Damage Suffered By You
We shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from our servers going offline or being unavailable for any reason whatsoever. Furthermore, we shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of our servers; loss of service or any costs incurred due to a configuration or service issue resulting from our provided services. All damages shall be Ltd to the immediate termination of service.
We are not liable for business losses. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Term, Modification, and Termination of Agreement
1. Zgocloud reserves the right to unilaterally modify the terms of the agreement based on changes in legislation or judicial practice, administrative actions, or other significant circumstances related to the provision of services.
2. The customer has the right to terminate the agreement at any time.
3. If the customer terminates the agreement, they must pay for the services provided by Zgocloud until the end of the service term. If the customer terminates the agreement before the end of the billing cycle, and the service agreement specifies periodic fees, the customer must pay the entire billing cycle fee and is not entitled to a refund.
4. If the other party repeatedly violates this agreement, Zgocloud has the right to terminate this agreement.
Responsibilities of Both Parties
1. If the inability to perform or failure to perform the obligations under this agreement is due to force majeure, neither party shall be held responsible.
2. Any unforeseeable circumstance beyond the control of either party, including but not limited to fire, explosion, natural disaster, war, etc., shall be considered force majeure.
3. The occurrence of force majeure does not exempt both parties from their obligation to minimize the losses caused by force majeure. Once the force majeure ends, both parties shall be obligated to resume the performance of their obligations as soon as possible.
4. Zgocloud may monitor the use of its services and may disclose information about the use of the services for various reasons, such as compliance with laws and regulations, legal or law enforcement requests, ensuring appropriate service provision, or protecting the rights of you or your customers. Zgocloud may provide law enforcement agencies with access to its facilities and monitor the use of its services.
5. Zgocloud does not guarantee that the use of its services will be trouble-free or uninterrupted.
6. The advice provided by Zgocloud or its representatives cannot be considered a guarantee.
7. Zgocloud is not responsible for any claims or damages resulting from improper actions or practices by the customer.
Confidentiality
1. Information submitted by the customer will be considered confidential information, and Zgocloud promises not to disclose it to third parties without prior written authorization from the other party, except as provided by United States law.
2. The obligation of confidentiality shall remain in effect indefinitely after the termination of this agreement.