Terms of Service (“TOS”)

Customer agrees to the following TOS:

  1. Definitions: "You", "You", and "Customer" refers to the individual or entity that has executed this agreement and has ordered servies from Ozzu.com ("Ozzu"), a property of Unmelted, LLC.
  2. Term and Termination: Customer can choose contract term for service, at a minimum being month-to-month. Contract terms ("Service Cycle") availabe are month-to-month, quarterly, semi-annually, annually, every two years, and every three years. Typically discounts are giving for longer contract terms, but Ozzu does not make any guarantees with regards to discounts. The services may be automatically renewed each month in perpetuity, subject to written cancellation by the Customer. Please carefully review Ozzu’s cancellation policy set forth in Paragraph 9 below. Ozzu may terminate this Agreement upon non-payment as set forth in paragraph 11 below. At its sole discretion, Ozzu may terminate this Agreement if Customer violates any terms and conditions of Ozzu’s AUP.
  3. Service Fees: Fees for service(s) ordered by the Customer shall begin on the initial date of the order and that date shall be used to determine future recurring billing dates ("Cycle Billing Date") based on the service cycle the Customer has selected. Fees are due in advance of the service cycle and will be billed on the Cycle Billing Date.
  4. Upgrade Fees: Upgrades ordered on the Cycle Billing Date will be billed for a full service cycle and will continue each service cycle on the Cycle Billing Date. Upgrades ordered after the normal Cycle Billing Date will be pro-rated to the next Cycle Billing Date and billed as a one time pro-rata charge. Future charges will appear as full service cycle fees added to your existing Cycle Billing Date.
  5. Additional Service Fees: Additional services ordered on the Cycle Billing Date will be billed for a full service cycle and will continue each service cycle on the Cycle Billing Date. Additional services ordered after the normal Cycle Billing Date will be pro-rated to the next Cycle billing Date and billed as a one time pro-rata charge. Future charges will appear as a full service cycle fees added to your existing Cycle Billing Date.
  6. One Time Fees: One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing with Ozzu's approval. One time fees, such as bandwidth overages are due and payable upon an invoice following the month in which they are incured, and are based on standard rates, or as otherwise agreed upon in writing with Ozzu's approval.
  7. Taxes: Customer is responsible for paying all foreign, federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to any services, other than those taxes based on Unmelted, LLC's’s net income.
  8. Service Credits: SLA credits will be issued to your Customer account and shall be used to offset future billable services. SLA credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. SLA credits shall expire if Customer’s account is fully terminated.
  9. Cancellation: Because cancellation is automated, Ozzu requires a written cancellation notice via the customer portal, a minumum of seventy-two ("72") hours prior to 00:00:00 PST (GMT-8) on the Cycle Billing Date for discontinuance or downgrades of recurring services. Failure to supply the requisite of seventy-two ("72") hours written notice of cancellation will result in a full billable service cycle prior to cancellation. Any service cancellation prior to the minimum deadline will remain active until the next Cycle Billing Date, and will be known as the "Effective Cancellation Date". Notice of confirmed written cancellation is required through the online customer portal located at https://secure.ozzu.com/hosting/myaccount/. All Customer data remaining after the Effective Cancellation Date will be destroyed for security and privacy reasons, unless otherwise required by law. In addition, we can terminate any customer's accounts if we feel conditions warrant such at action.
  10. Refunds & Disputes: All services rendered by Ozzu are non-refundable, except at our discretion for extreme circumstances. This includes, but is not limited to: setup fees, one time fees, recurring service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customer seeking to resolve billing errors are instructed to contact us. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of one hundred fifty dollars (“$150”) and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by Ozzu in enforcing collection.
  11. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the Anniversary Billing Date is a violation of the TOS. Failure to remit payment for five (“5”) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (“7”) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of twenty dollars (“$20”) will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A fifty dollar (“$50”) reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (“7”) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
  12. Data: Ozzu agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Ozzu will make weekly and monthly backups of customer's data unless otherwise instructed by Customer in writing. Ozzu's weekly backups are run on Saturday of each week and overwrites any previous backups made. Customer should frequently make their own local backups of their accounts as customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
  13. Identity Use: Customer agrees to use the Ozzu logo, Ozzu information, and/or related services in accordance with Ozzu’s approved marketing guidelines or written consent. Ozzu agrees not to use Customer logos without prior written consent of Customer.
  14. Permitted Use: By accepting the terms and conditions, Customer agrees to use Ozzu’s services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF Ozzu'S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, Ozzu reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.
  15. LAWS: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN TACOMA, WASHINGTON, UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE PIERCE COUNTY, TACOMA, WASHINGTON. EACH PARTY IRREVOCABLY CONSENTS TO THE FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
  16. INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS Unmelted, LLC, Ozzu, Ozzu'S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
  17. LIMITATION OF LIABILITY: EXCEPT AS DESCRIBED IN THE SLA, Ozzu SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. Ozzu SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE LIABILITY OF Ozzu AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
  18. Arbitration: Any controversy or claim arising from service or related to these terms and conditions or breach therein in excess of five hundred dollars (“$500”) shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
  19. Legal Compliance: By accepting these terms and conditions, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen (“18”) years of age or older and are not otherwise legally incapacitated to execute this Agreement.
  20. Electronic Signature: Acceptance by Customer of the Terms of Service ("TOS") including the Acceptable Use Policy ("AUP"), Service Level Agreement ("SLA"), and Privacy Policy ("PP") hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
 
 
 

Ozzu® is a registered trademark of Unmelted, LLC.

 
 
 

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