Terms of Service

These Terms govern the website hosting and management services Zevonix, LLC (“Zevonix”, “we”) provides at zevonix.cloud and through My Cloud Manager.

1. What the service is

Zevonix provides managed website hosting: an isolated virtual server environment, together with security, maintenance, monitoring, backup and support services for the websites covered by your plan. We manage the environment. You own the website.

Unless we agree otherwise in writing, the service is provided on a month-to-month basis.

2. Plans, add-ons and fees

Hosting is sold in tiers, which differ in CPU, memory and storage. Managed Service Add-Ons are optional and billed in addition to the base plan. Your current plan, add-ons and monthly fee are shown in My Cloud Manager under Account.

Fees are billed monthly in advance unless stated otherwise. Migration or onboarding work, and any work outside the scope of your plan, is quoted separately or charged at the hourly rate agreed with you.

3. Your responsibilities

• Keeping your contact and billing details current, and paying fees when due.
• The content you publish, and the right to publish it.
• Your own accounts, passwords and any second factor protecting them.
• Telling us before the site starts collecting regulated or unusually sensitive information, so we can agree whether extra safeguards or a separate written agreement are needed.
• Obtaining your own legal advice on your disclosures, privacy notices, consent mechanisms, accessibility obligations and payment processing.

4. What is not included

Unless separately agreed in writing, the managed service does not include custom development, redesign work, content writing, marketing or SEO campaigns, rebuilding the site on another platform, or work on systems we do not host.

It also does not include a warranty of compliance with any particular standard. See our Accessibility Statement and section 12 below.

5. Acceptable use

You will not knowingly use the environment for unlawful activity, or for activity that creates unreasonable risk to our infrastructure, our providers, or other customers. The full list of prohibited and restricted uses is in the Acceptable Use Policy.

If we reasonably determine that a site is compromised, is endangering the managed environment, is breaking the law, or is consuming resources in a way that threatens stability, we may act to protect the platform, including suspending the affected site. We will tell you when we do, and we will aim to restore normal service as quickly as it is safe to.

6. Availability and support targets

We use commercially reasonable efforts to keep your environment available. Unless a specific numerical uptime commitment is stated in your Service Summary or a separate service-level addendum, no numerical uptime guarantee or service credit applies.

Automated monitoring runs continuously. Human support response targets are those stated in your Service Summary. Response targets are goals, not guaranteed resolution times. How long a fix takes depends on the nature of the problem, third-party dependencies, decisions we need from you, and technical complexity.

Any availability measurement excludes scheduled and emergency maintenance, force majeure, actions by you or a third party, DNS or registrar issues outside our control, internet backbone failures, upstream provider outages, attacks beyond commercially reasonable mitigation, and defective third-party software.

7. Maintenance

Routine maintenance is performed during lower-traffic periods where practical. We may perform urgent maintenance without advance notice where reasonably necessary to address a security, stability, certificate, backup or availability risk.

8. Backups and restores

Covered sites are backed up on the schedule and retention period stated in your Service Summary. Backups are encrypted and stored off the server they protect.

Backups are a recovery tool, not an archive. We restore from the most recent usable restore point. We do not guarantee that any individual file or database row is recoverable from a particular date.

9. Staging environments

Where your Service Summary includes a staging environment, we provide a copy of your website, files and database, on a separate hostname, for you to try changes on before they reach the public. It is not indexed by search engines and does not answer on your domain.

Publishing is an action you choose to take. You, or anyone you have given portal access to, can publish staging over the live site from My Cloud Manager. We ask you to confirm by typing the website address first, because the result is immediate and visible to your visitors.

What we do to make that safe: a publish carries across what changed on staging and leaves alone what changed on the live site since the copy was taken, so orders, enquiries, uploads and registrations that arrived in the meantime are preserved. We take a copy of the live files and a dump of the live database immediately beforehand, and keep them for the three most recent publishes, so a publish can be undone. Pages newly written on staging arrive as drafts for you to review rather than appearing live.

What remains yours: the decision, and the content. We are not responsible for the consequences of content you publish, for a publish made by someone you gave access to, or for work lost because a staging environment was replaced by a refresh before you had finished with it. If a publish goes wrong, tell us promptly. The recovery point is kept for the three most recent publishes and then deleted.

A staging environment is reachable by anyone who knows its address. It is unlisted, not private. Do not place anything in it you would not be willing to have read.

10. Ownership and taking your site elsewhere

You retain ownership of your content, your data, your website assets and your domain names. Nothing about us managing the service transfers those to us.

We retain ownership of our infrastructure, server templates, internal configuration, scripts, automation, security and monitoring systems, deployment methods, management tooling, documentation and reusable code. Those are not transferred to you merely because they were used to provide the service.

On termination, once outstanding amounts are settled, you may request a reasonable export of the covered website files and database, and, where we manage your DNS, a record of the DNS configuration. Standard export does not include rebuilding the site for another provider or performing the migration, unless separately agreed.

11. Third-party services

We use third-party cloud, network, DNS, content-delivery, security, monitoring, backup and software providers to deliver the service. Those services are subject to the availability, policies, licensing and technical limits of the providers concerned. The current list is in the Data Processing Addendum.

A theme, plugin, certificate or security service supplied through a Zevonix account may only be available while you remain subscribed. On termination you may need to buy your own licence or replace that component.

12. Term, suspension and termination

If no initial term is stated, the service runs month-to-month. Either party may end it with notice as stated in your Service Summary, or with reasonable notice if none is stated.

We may suspend service for non-payment, or where continuing to serve a site would break the law or endanger the platform. We will give notice where it is lawful and practical to do so.

13. Disclaimer and limitation of liability

Except for the obligations expressly stated here or in your Agreement, the service is provided on an “as available” basis to the fullest extent permitted by law. We disclaim other express or implied warranties, including merchantability, fitness for a particular purpose and non-infringement, so far as the law allows.

We do not guarantee that a website will be continuously available, immune from all malware or cyberattack, free from all defects, indefinitely compatible with third-party products, or capable of achieving any particular traffic, ranking, revenue or business result.

Unless your signed Agreement states otherwise, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue or lost data, and our total aggregate liability is limited to the fees you paid us for the service in the twelve months before the claim arose.

14. Disputes and governing law

If a dispute arises, the parties will first try in good faith to resolve it through informal discussion. If that does not work, either party may request mediation, which may be held in Florida, virtually, or at another location both parties agree to.

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any action that cannot be resolved through negotiation or mediation will be brought in an appropriate state court in the Florida county where Zevonix's principal place of business is located.

15. Changes to these Terms

We may update these Terms as the service changes. The “last updated” date at the top shows when. Where a change materially reduces what you receive, we will give reasonable notice before it takes effect. Material amendments to a signed Agreement still require written approval from both parties.

Contact

Zevonix, LLC: [email protected] · contact form · zevonix.com