This Terms of Service Agreement (hereinafter "Agreement") sets forth the terms and
conditions by which we, CuteSoft Components Inc, provide the ZChat Application
Services to site visitors, users, registered members and account holders. By visiting
our site, using any of the tools and services provided via our site, or registering
an account, you thereby agree to be bound by each of the terms and conditions of
We may automatically amend this Agreement at any time by informing you of the amended
terms via email to an email address you provide to us, if you are a registered account
holder. Such amendments will be effective when sent to your last known email address.
It is your duty to keep your email address up to date and to maintain a valid email
address and to ensure that emails we send you are not filtered or stopped by spam
filters or other types of email blocking functionalities. Alternatively, we may
merely post the amended terms and make them available to be read by current account
holders. In such cases, the modified terms and conditions of this Agreement are
effective and in force when posted by us.
For those visitors to ZChat who have not registered as users, or who have
let their memberships elapse, it is their responsibility to read this Terms of Service
each time they access any portion of our site. Any usage of this site by you, including
merely viewing our home page or any page published on our site, as an unregistered
ZChat user, means that you agree to be bound by each and every one of the
terms and conditions of this Terms of Service Agreement.
Our Commitment to You
CuteSoft is committed to bringing you the best possible tools and services designed
to meet your needs and expectations. We promise you that our ZChat Application
Services will be available at least 99.9% of the time, excluding those periods where
we conduct regularly scheduled maintenance or where unforeseeable and unavoidable
service outages occur due to Internet, router, or Internet Service Provider related
downtime outside of our control. While we are not and cannot be responsible for
your own connection to the Internet, or the functionality of your own private systems
or software existing outside of our ZChat Network, we guarantee that you will,
except for those conditions mentioned above, be able to access the ZChat Application
Services 99.9% of the time.
If for some reasons the ZChat Application Services do not meet our stringent
standard of availability, you may request a refund in the amount of 5% of your Monthly
License Fee for each 30 minutes of continuous downtime. This guarantee is limited
to a sum no greater than the amount that equals 50% of your Monthly License Fee.
In the alternative, if no single period of downtime was 30 minutes are longer in
duration, you may request a refund equal to the percentage of actual downtime that
took place during the affected month multiplied by the amount of your Monthly License
Fee. Although you may elect either remedy, either refund is your sole remedy for
the failure of CuteSoft to maintain 99.9% availability, subject to the limitations
above stated, during any given calendar month. Refunds will be issued in the form
of a credit towards your next invoice, unless the affected month was pre-established
by you as your final month of service, and you have informed us of that in writing
prior to the service outage and in such cases your refund will be issued via check
or credit card order (at our sole option) within 60 days of your request and upon
our verification of the service outage, including the actual amount of downtime.
CuteSoft makes every effort to perform all service maintenance activities during
pre-scheduled maintenance windows. Currently, the maintenance windows are set for
Friday and Saturday evenings, from 10:00 p.m. to 2:00 a.m. U.S. Eastern Standard
Time, We may not utilize every maintenance window. If system downtime is planned
during any maintenance window, we will issue an announcement prior to the date of
the planned maintenance activity.
- You will be billed for services you have selected to receive on a recurring basis
until and unless the service(s) we are providing is cancelled by you. You may select
from monthly, quarterly, or yearly recurring billing plans. By accepting any of
our services, you agree to keep us updated as to your billing information.
- No refunds will be issued after thirty (30) days. Upon our approval, account balances
may be used as a credit towards service purchases.
- Accounts that have become delinquent (more than 10 days past due) are subject to
deactivation without further notice being given to you.
- Our charges are not based upon actual usage of the ZChat service, but instead,
are based upon a license fee that entitles you to use the ZChat service.
You must specifically cancel any service that you no longer wish to use and pay
- You agree to hold CuteSoft, its officers, directors, employees, partners, affiliates
and associates harmless and indemnify and defend from any civil claim of any nature
that arises from your usage of the ZChat Application Services. You agree to
be bound by the terms and conditions of our Acceptable Use Policy which is hereby
incorporated by reference as if fully set forth herein.
- We may terminate this Agreement immediately for any reason without notice to you.
Your account will be terminated if you violate any of the terms and conditions of
- WE PROVIDE YOUR ACCOUNT AND OUR SERVICES ON AN "AS IS" BASIS, SUBJECT TO THE LIMITED
WARRANTY PROVIDED HEREIN, OUR SUPPLIERS, PARTNERS AND AFFILIATES, IF ANY, AND WE
EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, SAVE FOR OUR LIMITED
WARRANTY PROVIDED HEREIN, INCLUDING ALL FURTHER AND ADDITIONAL EXPRESS, IMPLIED
OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. You
understand and agree that our services may be unavailable for extended periods of
time, and we do not warrant or ensure the continuous availability of our services.
We may discontinue any or all services provided to you at any time without notice
to you. Some states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. We should not be liable for any delay or failure
to perform resulting directly or indirectly from any causes beyond our control.
- IN NO EVENT SHALL OUR SUPPLIERS, PARTNERS, AFILLIATES OR WE BE LIABLE FOR ANY LOST
PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO THE REMEDIES PROVIDED THROUGH
OUR LIMITED WARRANTY. Some states do not allow the foregoing limitations of liability,
so they may not apply to you.
- If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, all unaffected provisions or elements should remain
in full force and effect. Any failure on our part to enforce any portion of this
Agreement does not serve to waive the enforceability of the remaining portions or
other breaches on your part regarding this Agreement.
- This Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.