1. Limitation of Warranties/Disclaimer
Zmac1, Inc. Hosting service is provided by Zmac1, Inc. under Amateurhosting.com or HostCamZ.com on an "as is, as available" basis. No warranties express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to Zmac1, Inc. Hosting or any information or software therein. Customer releases Zmac1, Inc. from any liability or responsibility for any direct, indirect, incidental or consequential damages suffered by Customer in connection with Customer's use of or inability to use the Zmac1, Inc. Hosting services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, misdeliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by Customer even if the same is caused by Zmac1, Inc.'s own negligence. Without limiting the generality of the foregoing, Customer releases Zmac1, Inc. to the full extent permitted by applicable law from any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the Zmac1, Inc. Hosting services. In no event shall Zmac1, Inc.'s aggregate liability exceed the amount paid by Customer to Zmac1, Inc. for the Zmac1, Inc. Hosting services. Use of any information obtained via Zmac1, Inc.'s Zmac1, Inc. Hosting Internet service is at the Customer's own risk. Customer releases Zmac1, Inc. from any responsibility for the accuracy or quality of information obtained through its services. Customer agrees to notify all of its authorized users of the Terms and Conditions, the Service Agreement and the Acceptable Usage Policy.
2. Security
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s), including choosing safe passwords and ensuring file protections are set correctly. Zmac1, Inc. will suspend access or change access to Customer's account(s) as soon as practical upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. Zmac1, Inc. is not liable for any usage and or charges prior to Zmac1, Inc. making the necessary account alteration. Privacy on electronic mail on this system is not absolute. Zmac1, Inc. customers are reminded that no computer networked can ever be considered completely safe from intrusion. E-mail may pass through many computer systems, and should not be considered a secure means of communication unless encrypted - and even encrypted information is only as secure as the encryption method utilized.
3. Personal Files
Zmac1, Inc. is not responsible for any Customer's personal files residing on the Zmac1 Hosting network. The Customer is responsible for independent backup of the Customer's data that is stored on the Zmac1 Hosting network. Zmac1, Inc. reserves the right to delete any of Customer's personal files after one or both parties terminate the service agreement between Zmac1, Inc. and the Customer.
4. Non Transferability of Account
The right to use Zmac1, Inc. Hosting Internet service is not transferable. Use of Zmac1 Hosting accounts is expressly limited to the individual or business whose name appears as Customer on the original or initial account and dependents of the Customer living at the same address. A Customer may use no more than one log-in session per account at any time. If a Customer has multiple accounts, the Customer is limited to one log-in session per account at any time.
5. Network Address Ownership
All network address assignments issued by Zmac1, Inc. (i.e., IP addresses and Class C address space) are the property of Zmac1, Inc. and are considered loaned to its customers. In the event service with Zmac1, Inc. is discontinued for any reason, such network addresses will revert to Zmac1, Inc. If a Customer of Zmac1, Inc. participates in a service Zmac1, Inc. provides for a unique Domain Name System (DNS) entry, the Customer will retain ownership of the assigned domain name, but not the IP address to which it was assigned by Zmac1, Inc.
6. Compliance with all Laws
Customer agrees to use the Zmac1 Hosting Service in a manner consistent with any and all applicable international, federal, state and local laws and regulations of the United States of America, the State of Washington, and the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. The Customer agrees that any material to be reproduced or transmitted on the Zmac1 Hosting network through Customer's account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be stored on Zmac1, Inc. Hosting. Zmac1, Inc. retains the right to monitor the Service electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, judicial, or other governmental request to operate the Service properly, or to protect itself or its subscribers. Zmac1, Inc. will not disclose any private electronic-mail messages unless required by law or by court of law. Zmac1, Inc. reserves the right to refuse to post or to remove any information or materials in whole or in part, that, in its sole discretion, are unacceptable, undesirable, and in violation of this agreement.
7. Unacceptable Conduct
The following types of conduct are grounds for immediate suspension of service pending investigation by Zmac1, Inc. and may result in termination of the Customer's account(s) the investigation determines to have originated or transmitted these types of traffic. In addition, Zmac1, Inc. reserves the right, where feasible, to implement technical mechanisms which block multiple postings by a Zmac1, Inc. Customer as described below before such postings are forwarded:
(a) Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 20) or continued posting of articles which are off-topic according to the newsgroup charter, or which in the sole discretion of Zmac1 are inappropriate.
(b) Sending unsolicited mass E-Mailing.
(c) Engaging in either (a) or (b) from a provider other than Zmac1, Inc. and using an account on the Zmac1 network as a mail drop for responses, or to draw attention to a web site housed within Zmac1, Inc.'s, networks.
(d) Harassment of other individuals on the Internet after being asked to stop by those individuals and/or Zmac1, Inc.
(e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts.
(f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This prohibition does not preclude the use of nicknames in IRC or the use of anonymous remailer services).
(g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
(h) Use of IRC bots or clonebots on Zmac1 Hosting, whether on IRC servers controlled by Zmac1, Inc., or by other parties. AN IRC bot is a program which runs and is connected to an IRC server 24 hours a day, automatically performing certain actions.
(i) Network unfriendly activity: Attempts to interfere with the regular workings of Zmac1 Hosting systems or services or the Internet, including, but not limited to:
a. Any unauthorized attempts by a user to gain root access or access to any account not belonging to that use on this or any other Zmac1, Inc. hosting system;
b. Any use of this or any other Zmac1, Inc. hosting service system as a staging ground to disable other systems.
(j) Any activity that violates any international, federal, state or local law.
8. Excess Utilization of System or Network Resources
Zmac1, Inc. Hosting account descriptions in some cases may specify limits on bandwidth, CPU and disk utilization for certain types of Customers, and use up to these limits is included in the price for that type of Customer. In the event Zmac1, Inc. determines that a Customer is exceeding the bandwidth, CPU and/or disk utilization limits as established by Zmac1, Inc. from time to time, the Customer will be notified by E-Mail of required action. Customer may be required to modify the activity creating the excess use, upgrade to the most appropriate hosting bandwidth package, or choose to be billed the current going rate for each additional Gigabyte used by the Customer above and beyond the current bandwidth limits of the Customers bandwidth package or such other action as required by Zmac1 in its sole discretion. If Zmac1, Inc. is unable to make contact with the Customer after 10 business days, Zmac1, Inc. reserves the right to upgrade the customer to the most appropriate bandwidth option as deemed by Zmac1, Inc. If excessive bandwidth, CPU or disk space utilization is determined by Zmac1, Inc. to adversely affect Zmac1, Inc.'s ability to provide service for all customers, Zmac1 is authorized to take any immediate action which Zmac1 deems in its sole discretion may be taken to alleviate the problem. In such event, the Customer will be notified by e-mail as soon as practical after the action is taken.
9. Monitoring/Privacy
Zmac1, Inc. reserves the right to monitor any and all communications. Customer agrees that the Zmac1 Hosting network is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for Zmac1, Inc. employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. Zmac1, Inc. also reserves the right to access a Customer's mailbox or other files stored on Zmac1 Inc. Hosting systems to resolve system problems or mail system problems or mail system errors. Zmac1, Inc. employees reserve the right to access a Customer's system when Zmac1 determines it is appropriate for the purpose of security updates, system or software upgrades, process monitoring, and general administration. Zmac1, Inc. may, whenever practical, make effort to contact and give advance notice to the Customer before accessing the Customers system.
10. Confidentiality of Personal Subscriber Information
Zmac1, Inc. will take all reasonable steps to protect and not release Customer's personal subscriber information. Customer agrees that Zmac1, Inc.'s determination as the validity of any court order of subpoena shall be considered proper and final.
11. Service and Terms
The level of service and terms of this Agreement are described in the Service Agreement, which is incorporated in this Agreement by reference. Zmac1 may agree to renew the service and terms of this agreement, or change, modify and update at any time.Customer is responsible to chack back regularly to make sure they are in compliance.
12. Zmac1, Inc. Billing
Customers will be billed on the last day of the month, and invoice will be due and payable within 3 days of invoicing. If funds are not received on or before this date then a late charge of $25.00 may be added daily and Customers account may be suspended or deleted at the sole discretion of AmateurHosting.
13. Non-Payment
In the event a Customer does not pay their bill before the 3rd, Zmac1, Inc. reserves the right to suspend or cancel the Customer's service. If the Customer's website is suspended or deleted due to non-payment, Zmac1, Inc. may redirect the Customer's site traffic to a site selected at Zmac1, Inc.'' sole discretion. Zmac1 will assume no liability for losses of any form that may result from the purging and destruction of a Customer's files and accounts due to Customer's overdue account.
14. Refunds
Zmac1, Inc. may offer refunds on a case-by-case basis at the sole discretion of Zmac1, Inc. Any refund issued by Zmac1 Inc. may be issued in the form of reduction to the Customer's future bill.
15. Zmac1, Inc.'s Right to Suspend or Cancel Account and Services
Zmac1, Inc. reserves the right to suspend or cancel service to a Customer at any time and without notice, for any reason, including, but not limited to, refusal or failure to pay for services provided, or repeated late payments or if in the by sole judgment of Zmac1, Inc. that the Customer may be performing activities harmful to Zmac1, Inc. or its Customer's employees, vendors, business relationships or any other users of the Internet. Zmac1 also reserves the right to refuse initial service for any reason it deems fit.
16. Customer Equipment
In the event the Customer Co-locates a system on the Zmac1 Network, the Customer's equipment shall be compatible with Zmac1, Inc.'s network facilities, and services. The Customer shall bear the cost of any upgrade, or additional protective apparatus, reasonably required, to ensure the smooth operation and security of the Customer's equipment and facilities with the Zmac1 Hosting network. Customer's use of the Services provided herein and any associated equipment shall not: a) interfere with or impair service over Zmac1, Inc.'s Network or facilities; b) impair privacy and/or security of any communication over such network or facility; c) cause damage or any nature to the Company's assets; d) be used to frighten, abuse, torment or harass another; or e) create hazards to the Company's officers, directors, employees, or subcontractors.
17. Maintenance and Support
Zmac1, Inc. will maintain its facilities and equipment used to provide its Services. Additional charges for maintenance and support services shall be levied on a Customer when work is required as a result of the failure, malfunction, or improper operation of a Customer's facilities and/or equipment. In the even Zmac1, Inc. provides maintenance to the Customer's facilities and/or equipment, Zmac1, Inc. will bill the Customer for the cost of the maintenance at Zmac1, Inc.'s time and material rate, plus any applicable federal, state and local taxes. The Customer releases Zmac1, Inc. from any liability arising from such maintenance and work and, Zmac1, Inc. assumes no liability for any damage, loss of data, or other loss as a result of work performed by Zmac1, Inc. on a Customer's equipment and facilities. Zmac1, Inc. reserves the right to suspend Service for scheduled maintenance or planned enhancement or upgrades to Zmac1, Inc.'s network. Zmac1, Inc. shall attempt to provide Customers with 24 hours advance notice for outages exceeding 30 seconds.
18. Indemnification
The Customer shall indemnify, defend, and hold harmless Zmac1, its officers, employees, and agents from and against all actions, economic losses and consequential damages, claims, demands, costs, and expenses (including attorneys fees and the cost of defending or settling any action, claim, or demand) made, sustained, brought or prosecuted in any manner based upon, occasioned by, or attributable to any injury to any person (including death) or loss of or damages to property or person which may arise from or be a consequence of any intentional, unlawful or negligent act or omission of the Customer or its authorized users. The Customer shall defend, indemnify and hold harmless Zmac1, Inc. from and against any claims, liabilities and expenses, including attorney fees, resulting from and Customer's use of Zmac1 Hosting service or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Zmac1, Inc. or Zmac1, Inc.'s Acceptable Use Policies or Terms and Conditions. The provisions of this Section shall survive the termination of Services and any Service Agreement.
19. Free Hosting
Zmac1 free bandwidth for Affiliates program means client agrees to place required links on their website in return for free hosting and will also earn referral fees from the links they add. Link requirements vary for different pages and different types of clients. Client agrees to follow the “links” page and adhere to the rules listed there. Client also agrees that the initial link they place may change at will and automatically as needed by CamZ staff, client will not need to do anything once link code is placed on website pages. Client further agrees not to remove links after they are placed. Client understands that all link requirements are on a “per domain” basis. The only permitted password protection script that can be used will be the CamZ password protection script. Clients agree to this. All website and account error pages under this free bandwidth system can, at the discretion of Zmac1 inc, be directed to a default camz error page. Client understands that this may or may not have the clients affiliate link codes attached on this page, all reasonable efforts will be made to include the clients affiliate codes on this error page. Client understands and agrees that the free hosting offer is ONLY for that clients use. Clients cannot use this free account to host other people, it is for their own use only. Zmac1 may at it’s own discretion allow exceptions and all clients must disclose complete details to Zmac1 staff before attempting this. Client cannot use this free account to send traffic to websites that are not hosted with Zmac1. Clients understand spamming will result in suspension or cancellation of their account. Client allows Zmac1 staff to periodically check to make sure required links are actually in use on website. This may be done automatically with scripts or manually from Zmac1 staff, client hereby grants permission and access to all areas to verify linking. Client agrees to keep personal information listed in “profile” section current. Client agrees not to use this free account for any illegal activities. Client is the sole person responsible for keeping their account in compliance with rules 2257, Zmac1 is in no way responsible for content or record keeping of clients accounts with regards to content. Zmac1 will not allow any clients to host password trading or hacking toe websites, client understands and agrees to this. Client is responsible for keeping their account as secure as possible. This includes, but is not limited to, making sure all scripts used are from reputable companies, all updates, patches, bug fixes etc are checked and updated regularly, Zmac1 will not be held liable for any security breech resulting from a shared server client or dedicated server client script upload. Clients upload scripts at their own risk. Client understands these rules apply to each and every domain on their account or server. Dedicated server clients understand they must first purchase their equipment and be the owner of any dedicated server, the client is responsible for any and all repairs or spare parts or upgrades needed. Zmac1 will not be liable for any costs involved and all costs will be passed on to clients and must be paid before server is ever released back to client. Clients understand that the free hosting offer can be suspended or canceled without notice for any reason Zmac1 deems necessary. In the event that any hosting policies are violated (including but not limited to linking requirements), Zmac1 reserves the right to bill client for network services, including bandwidth, from the start of the infraction through termination of hosting service. All hosting clients agree, upon accepting free hosting from Zmac1, that Zmac1 will be sole determiner of when violation(s) first occured and to remit within 30 calendar days from hosting termination any and all fees incurred during their hosting cycle.
20. Other Remedies/Non Waiver
Nothing contained in these policies shall be construed to limit action Zmac1, Inc. my take or remedies available to Zmac1, Inc. with respect to any of the described conduct by Customer. Zmac1, Inc. reserves the right to take any additional actions Zmac1, Inc. may consider appropriate with respect to Customer's conduct, including without limitation taking action to recover the costs and experiences of identifying offenders and removing them from the Hosting service, and levying cancellation charges to cover Zmac1, Inc.'s costs in the event of disconnection of dedicated access for any cause. In addition, Zmac1, Inc. reserves at all times all rights and remedies available at law or in equity to Zmac1, Inc. with respect to such conduct. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Zmac1, Inc. reserves the right to enforce such policy or rule at its sole discretion.
21. Zmac1, Inc. Hosting Right to Change Service
Zmac1, Inc. reserves the right to change with or without notice the Hosting service, including, but not limited to, access procedures, hours of operation, menu structures, commands, documentation, vendors, services offered and service structure. Zmac1, Inc. reserves the right to change monthly billing fees with or without notice after the initial contract term expires.
22. Zmac1, Inc. Right to Modify Its Acceptable Use Policies
Zmac1, Inc. may modify its Acceptable Use Policies upon notice published online at its website. Customer's use of Hosting services after such notice shall constitute Customer's acceptance of the modifications to these policies.
23. Amendments
Any Amendments, modification, or changes to this Agreement can be made to this notice at the discretion on Zmac1, Inc.
24. Attorneys Fees and Costs
The Laws of the State of Florida shall govern this agreement. Exclusive jurisdiction lies in the Superior Court of Florida. In the event that a dispute arises, the prevailing party shall be awarded its reasonable attorney's fees and costs.
Introduction
This document explains the Acceptable Use Policy for use of services provided by Zmac1, Inc. (hereinafter known as Zmac1) by the client/user (hereinafter known as Customer). This document supersedes all forms of this document previously published by Zmac1. This document is maintained and published on-line on the Zmac1 home page at www.Zmac1.com/documents.html All Customers of Zmac1 are required to be familiar with this policy. This document shall be sent via e-mail to each new Customer and upon receipt, the Customer shall become responsible for its contents. Use of Zmac1 services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it. This Acceptable Use Policy may be known hereinafter as policy, AUP or Acceptable Use Policy.
Account and Policy Term
The effective date of these Terms and Conditions and the Acceptable Use Policy is the date of acceptance by the Customer of services from Zmac1, and they shall remain in effect until Customer terminates his/her account or Zmac1 cancels Customer's account. Zmac1 reserves the right to change the terms and conditions of use or its Acceptable Use Policy at any time. Notification of changes will be announced via email. If customer does not agree to changes, Customer may cancel services by giving Zmac1 proper written notice as directed herein.
Termination for Cause
Zmac1 may terminate an account at any time for any violation of this Acceptable Use Policy or for failure to pay bills for service. Such termination generally means that all files are deleted and all services, including mail forwarding are rescinded. Customer will not receive a refund for any prepaid services. All looses and expenses suffered by Customer as a result of such termination will be Customer's to bear alone, and Zmac1 will have no liability whatsoever.
Provision of Services
Zmac1 will provide services on its host computing systems to customers in exchange for payment of fees and compliance with these Terms and Conditions and the Acceptable Use Policy. Zmac1 services are defined as the use by Customer of computing, telecommunications, software, and information services provided by Zmac1. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the worldwide computer network known as the Internet.
Consultation Charges
Zmac1 welcomes requests from Customers concerning their problems and will do as much as possible to help resolve them. When assistance provided by Zmac1 is beyond services offered to all customers by Zmac1 as part of its basic services such as assistance with Customer systems configuration beyond the initial set-up, the Customer will be charged a standard consulting rate. * See Rates
Security of Accounts
Zmac1 accounts are for individual Customers. Customer therefore agrees not to share the password of the account with others. Customer agrees to maintain a secure password to the account and is responsible for any use of his/her account. Customer agrees not to use any Zmac1 services to obtain the passwords of other customers on Zmac1 or other systems. Customer agrees not to use Zmac1 services to make unauthorized attempts to access any systems and networks.
Use of Internet Services
Customer agrees not use Zmac1 services to violate copyright or other intellectual property rights. For example, Customer may not upload or download commercial software in violation of software license agreements. Customer agrees to use the services provided by Zmac1 as permitted by applicable local, state, and federal laws. Customer agrees, therefore, not to use these services to conduct any business or activity that is prohibited by law.
Specific Acceptable Use Policy
Zmac1 believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. Zmac1 has no intention of infringing upon those rights.
Unauthorized Use of Other People's Accounts or Computers
Zmac1 will react strongly to any unauthorized use or attempted unauthorized use of an Internet account o computer without the owner's authorization. Whether or not the attacked account or computer belongs to Zmac1, such attempts include but are not limited to "social engineering" (tricking other people into releasing their passwords), passwords cracking, security hole scanning, and denial of service attacks. Possible actions including warnings, account suspension or cancellation, and legal action, according to the seriousness of the attack.
E-mail Privacy
Electronic mail passes through multiple mail servers from source to destination on the Internet. One can never be guaranteed privacy from every possible mail server; therefore, customers seeking total privacy should use some encryption scheme, such as PGP to render their messages unreadable by eavesdroppers. With regards to Zmac1 mail servers, Zmac1 places a high value on privacy, and will normally only examine Customers' mail to trouble shoot E-mail delivery problems, protect system security, or to comply with a lawful warrant or court-order. Zmac1 will no divulge Customer account information, except at the direction of a lawfully served warrant.
Commercial Advertisements
Commercial advertising is an accepted and welcome use of the Internet. However, there is appropriate and inappropriate Internet advertising. ISP's that don't abide by this Internet standard may be denied access to newsgroups and in some cases to the Internet entirely. Commercial advertisements are unwelcome in most Usenet discussion groups and on most E-mail mailing lists. In appropriate postings may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is Generally ads should be placed in the ".biz" newsgroup hierarchy. Sending a message, such as unsolicited e-mail, especially an unrequested advertisement, to multiple receipts is by itself "spamming", unauthorized use of E-mail, unless the individuals have specifically requested to be added to a mailing list on that topic.
Make Money Fast
Any mailing or posting "Make Money Fast" (MMF) or "Fast Cast" or pyramid schemes or chain letters of any sort will result in quick account termination. Pyramid schemes are illegal no matter how the message is presented. Pyramid schemes are NOT permitted.
Spoofing E-mail and News Posts
All Customer E-mail and news posts shall have the Customer's valid account name in the header. You may use another existing Zmac1 or non-Zmac1 E-mail address in the "reply to" field as long as it is clear that the post came from your Zmac1 account. Use of standard "anonymous re-mailers" is allowed for private (noncommercial) E-mail and posting.
Illegal Material
Zmac1 assumes no legal liabilities relating to Customer's use of Zmac1's computer network and equipment. However, Zmac1 requires that its customers not use Zmac1's network for illegal purposes. In any legal matters that result from a Customers action, Zmac1 is under no obligation to defend itself rather than settle. Any losses suffered by Zmac1 to settle or defend legal action, and all civil or criminal penalties inflicted on Zmac1 as a result of any Customers act are payable by the customer. Customer shall have no defense against prompt and full repayment to Zmac1. When presented with a search warrant, Zmac1 is obligated to release appropriate information requested, and will cooperated with the authorities in any criminal investigation. While Zmac1 recognizes that the legal status of the Internet has not yet been fully resolved, Zmac1 considers certain actions illegal and therefore not allowed on its network, for example; unauthorized distribution of copyrighted material; exploitation of minors; and unauthorized use of computer resources. Zmac1 makes no representations concerning any attempt to review the content of sites hosted on its servers, and so Zmac1 is not responsible for the accuracy, copyright compliance, legality or decency of material contained in sites hosted on its servers.
Harassment
Harassment or abusive use of E-mail and other Internet services is a serous misuse of Internet resources. Zmac1 will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.
Inappropriate Use of Web Service
Zmac1 provides space for commercial web pages with some services. Zmac1 maintains no responsibility for the content of such pages. Zmac1 will handle complaints about inappropriate web pages on a case-by-case basis. Examples of inappropriate information include downloadable virus code, bulk E-mail lists, illicit advertising, and web-based services that allow members of the public to send E-mail or post news anonymously.
Zmac1 IRC Rules
IRC client software is not allowed to be run through a shell account on any servers owned by Zmac1. IRC client software must be run from the users own computer. Bots (automated IRC programs) run against any programs, community talk programs, video, audio or text servers, even if they are run from your own machine, are not allowed via a Zmac1 connection. If Zmac1 received a complaint, Zmac1 will investigate the abuse and, if a violation has occurred, may put the account on hold or remove the abusers account. Full payment for the entire contract term will still be due, even with no further services provided. Customer agrees to abide by Zmac1's interpretation of the above. If Customer needs help interpreting or applying these rules, Customer should ask Zmac1 support staff for assistance.
Abuse of Zmac1 Services
Any use of Zmac1 system resources that disrupts the normal operation of the system or the use by other Zmac1 customers is considered to be abuse of system resources and is grounds for administrative intervention. Use of Zmac1 computers or Internet connection to send ping or other packets in an attempt to deny service to another user is considered abuse. Depending on the nature and the severity of the abuse, the customer may receive an E-mail warning, have his processes halted, or have his account suspended. If the misuse is unintentional or under other mitigating circumstances, the suspension may be rescinded buy may require a reconnection charge. Customers who believe their activity has been inappropriately handled may appeal to Zmac1 Management.
Discovering and Report Abuse
Violations of the Zmac1 conditions of use are unethical and may in some cases be criminal offenses. You are expected to report to Zmac1 any information you may have concerning instances in which the conditions of use have been or are being violated. When Zmac1 becomes aware of possible violations, Zmac1 will investigate. At the same time, in order to prevent further possible unauthorized activity, Zmac1 may suspend the individual account in question. Confirmation of violations may result in cancellation of the individual account or reporting the abuse for criminal prosecution. The account suspension may be rescinded following resolution of the incident and payment of appropriate charges. Zmac1 reserves the right to monitor site activities when necessary to investigate possible violations of the conditions of use. Customers may be charged Zmac1 standard systems-consulting rate for Zmac1 employees' work to deal with abuse issues which were initiated by abuse of the customer's account.
Abuse Hold
When a customer disrupts the system, Zmac1 uses the following procedures: A Systems Administrator or member of the systems staff attempts to contact the Customer by telephone or fax. If the problem cannot be resolved by phone or the Customer is unreachable, designated Zmac1 staff may do what is necessary to protect the Zmac1 site and systems and use of these facilities by others. Designated Zmac1 staff may disable the Customers account by putting the account on hold. When the customer is contacted they may be sent a copy of this Acceptable Use Policy to sign and return to Zmac1. Once the signed statement is received, if reinstatement is appropriate, the Systems Administrator will take the Customer account off hold and thus re-enable the account. If no signed statement is received or the situation is not resolved to the satisfaction of Zmac1 Management, al customer files or other material will be deleted and the customer account will be purged. All amounts due through the end of any contract or already billed period will become immediately due and payable in full.
Offensive or Adult Material
Zmac1 does not censor on the basis of politics, religion, sexual themes, or artistic content. Zmac1 has no control over the content of materials accessed. Some materials may be offensive or adult in nature. Parents are responsible for monitoring children's exposure to any material. Zmac1 assumes no responsibility for any material or for monitoring or controlling access to such material.
Warranties
Zmac1 makes no warranties of any kind, whether expressed or implied, for its services. Zmac1 specifically disclaims any implied warranties of merchantability or fitness for any particular purpose. Zmac1 will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer's or Zmac1's errors or omissions. Zmac1 will not under any circumstances by responsible for consequential damages. Zmac1 reserves the right to suspend or terminate accounts for any reason, if, in Zmac1's opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components. In the context of this AUP, using other sites or servers to abuse the net via Zmac1 access is regarded the same as using Zmac1's site.
Applicability
These rules cannot be superseded by any verbal agreements of Zmac1 employees or customers. Any agreement modification or special changes to this AUP must be in writing and signed by an officer of the Company.
Jurisdiction
The validity, construction and performance of this AUP and Customers agreement to abide by this AUP shall be governed by the laws of Florida, USA.
Severability
If any provision of this policy is held by a court to be a contrary to law, the remaining provisions will remain in full force and effect.