Z Internet Solutions' Acceptable Use Policy

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Acceptable Use Policy

As a provider of web site hosting, and other Internet-related services, Z Internet Solutions offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Z Internet Solutions respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Z Internet Solutions reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Z Internet Solutions has developed an Acceptable Use Policy ( "AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Z Internet Solutions’ services. This AUP will be revised from time to time. A customer's use of Z Internet Solutions’ services after changes to the AUP are posted on Z Internet Solutions’ web site, www.zinternetsolutions.com, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Z Internet Solutions cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Z Internet Solutions cannot monitor or censor the Internet, and will not attempt to do so, Z Internet Solutions cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.

When subscribers disseminate information through the Internet, they also must keep in mind that Z Internet Solutions does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Z Internet Solutions’ network and may reach a large number of people, including both subscribers and non-subscribers of Z Internet Solutions, subscribers' postings to the Internet may affect other subscribers and may harm Z Internet Solutions’ goodwill, business reputation, and operations. For these reasons, subscribers violate Z Internet Solutions policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Abuse -- Network abuse, as defined on Z Internet Solutions’ abuse policy page, is prohibited.

Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward Z Internet Solutions, but also because it can overload Z Internet Solutions’ network and disrupt service to Z Internet Solutions subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Z Internet Solutions has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.

Intellectual Property Violations -- Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Z Internet Solutions is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Z Internet Solutions’ policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Obscene Speech or Materials -- Using Z Internet Solutions’ network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. Z Internet Solutions is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through Z Internet Solutions’ network.

Defamatory or Abusive Language -- Using Z Internet Solutions’ network as a means to transmit or post defamatory, harassing, abusive, or threatening language.

Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking" or "cracking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

Facilitating a Violation of this AUP -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and copyright infringement.

Usenet Groups -- Z Internet Solutions reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.

Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and copyright infringement.

Other Activities -- Engaging in activities, whether lawful or unlawful, that Z Internet Solutions determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Z Internet Solutions will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Z Internet Solutions policy or applicable law. When Z Internet Solutions becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, or take any other action it deems appropriate.

Z Internet Solutions also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Z Internet Solutions’ facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Z Internet Solutions does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Z Internet Solutions has the right to directly take action against a customer of a subscriber. Also, Z Internet Solutions may take action against the Z Internet Solutions subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Z Internet Solutions anticipates that subscribers who offer Internet services will cooperate with Z Internet Solutions in any corrective or preventive action that Z Internet Solutions deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Z Internet Solutions policy.

Z Internet Solutions also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Z Internet Solutions urges its subscribers to assume that all of their on-line communications are insecure. Z Internet Solutions cannot take any responsibility for the security of information transmitted over Z Internet Solutions’ facilities.

Z Internet Solutions will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Z Internet Solutions may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Z Internet Solutions may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Z Internet Solutions assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Z Internet Solutions may disclose subscriber information or information transmitted over its network where necessary to protect Z Internet Solutions and others from harm, or where such disclosure is necessary to the proper operation of the system.

Z Internet Solutions retains the right to monitor the usage of the various computing resources provided with the subscriber's hosting agreement. In the event a subscriber has exceeded his/her quotas for any of the resources applicable to his/her selected package (hosting agreement; see packages matrix), the owner of the account agrees to pay Z Internet Solutions according to its standard resource usage overage rates. This still apply during the initial free trial month provided by ZIS if the selected package (agreement) quotas are exceeded. NOTE: The bandwidth quota of an individual subscriber is effectively that of their web hosting account with the greatest quota, rather than the sum of the bandwidth quotas of all of the accounts owned by the subscriber.

Reselling of services provided by Z Internet Solutions is prohibited with any package.

All subscription fees are collected at the beginning of each recurring term cycle. All subscription fees are recurring, and, unless the subscriber cancels his/her services, given successful completion of the appropriate cancellation and confirmation procedures outlined below, prior to the time of completion of his/her recurring term cycle, the subscription will automatically renew, and the subscriber will be re-billed for the upcoming term according to ZIS's fee schedule in place at the time of renewal. If the subscriber changes his/her selected package (hosting agreement; see packages matrix) fee schedule prior to the completion of his/her recurring term cycle, the new fee schedule will not take effect until the completion of this term cycle.

Subscribers who agree to a term longer than one month, and whom cancel their services, given successful completion of the appropriate cancellation and confirmation procedures outlined below, prior to the time of completion of his/her recurring term cycle, agree to pay a termination fee to Z Internet Solutions equal to: [ 33% of the basic monthly subscription fee - assuming no additional fees for the usage of computing resources beyond the quotas included with the subscriber's selected package (hosting agreement; see packages matrix) - effective at the time that the given term cycle was initially paid for in advance ] multiplied by [ the number of whole months remaining in the term cycle following the completion of the cancellation and confirmation procedures outlined below ]. For example, a subscriber who agrees to a term of one year, and desires to cancel his/her services eight months into that term cycle, will pay a termination fee of 33% of the equivalent of four month's basic service at the selected package fee structure effective when the term most recently renewed.

Subscribers canceling their services part-way through a one-month segment of their recurring term cycle are not eligible for a partial refund for the remainder of the given month. Similarly, subscribers on a monthly recurring term cycle are not eligible for a refund upon cancellation. NOTE: Subscribers who take advantage of special promotions conditional upon a recurring term longer than one month (not including the regular Free Trial Month offer and standard reduced subscription fees for longer terms) are excluded from this termination fee structure, and are not eligible for a refund upon cancellation.

Z Internet Solutions requires that all requests for cancellation of services be made in the form of a written request (paper or electronic) to our Accounts Department. In order to protect its subscribers against identity theft, Z Internet Solutions also requires all cancellation requests to be confirmed. Upon the initial cancellation request, the Z Internet Solutions Accounts Department will reply with a request to confirm the initial request and a short quality assurance questionnaire. The subscriber agrees that his/her request for cancellation will not be deemed effective until such time as the successful completion of these procedures, including confirmation, and that he/she may be subject to a termination fee as outlined above.

Z Internet Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Z Internet Solutions policy. Finally, Z Internet Solutions wishes to emphasize that in signing with any Z Internet Solutions service, subscribers indemnify Z Internet Solutions for any violation of the service agreement, law, or Z Internet Solutions policy, that results in loss to Z Internet Solutions or the bringing of any claim against Z Internet Solutions by any third-party. This means that if Z Internet Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Z Internet Solutions, plus costs and reasonable attorneys' fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including Z Internet Solutions and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to abuse@zinternetsolutions.com.