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All accounts and customers of
ZebraHost are bound by the following:
Acceptable Use
Copyright Policy
Privacy Statement
Terms of Service
All other products mentioned are registered trademarks or
trademarks of their respective companies.
This site is (C) copyright
2000-2007. ZebraHost.com
ALL RIGHTS RESERVED.
Acceptable Use Policy
ZebraHost has formulated this
Acceptable Use Policy in order to encourage the responsible
use of ZebraHost's services by our customers and other users
('Users'), and to enable us to provide our Users with
secure, reliable and productive services.
General Conduct
Websites hosted by ZebraHost, may be used only for lawful
purposes. Users may not use ZebraHost Servers in order to
transmit, distribute or store material (a) in violation of
any applicable law, (b) in a manner that will infringe the
copyright, trademark, trade secret or other intellectual
property rights of others or the privacy, publicity or other
personal rights of others, or (c) that is obscene,
threatening, abusive or hateful, including the advocating of
terrorism and/or the killing of any individual or group.
Child
Pornography
ZebraHost will cooperate fully with any criminal
investigation into a Customer's violation of the Child
Protection Act of 1984 concerning child pornography.
Customers are ultimately responsible for the actions of
their clients over the ZebraHost network, and will be liable
for illegal material posted by their clients. According to
the Child Protection Act, child pornography includes
photographs, films, video or any other type of visual
presentation that shows a person who is or is depicted as
being under the age of eighteen years and is engaged in or
is depicted as engaged in explicit sexual activity, or the
dominant characteristic of which is the depiction, for a
sexual purpose, of a sexual organ or the anal region of a
person under the age of eighteen years any written material
or visual representation that advocates or counsels sexual
activity with a person under the age of eighteen years. No
credits will be issued for any interruption in service
resulting from policy violations. Violations of the Child
Protection Act may be reported to the U.S. Customs Agency at
icpicc@customs.treas.gov.
System and Network Security
Users are prohibited from violating or attempting to violate
the security of the ZebraHost Network, including, without
limitation, (a) accessing data not intended for such User or
logging into a server or account which such User is not
authorized to access, (b) attempting to probe, scan or test
the vulnerability of a system or network or to breach
security or authentication measures without proper
authorization, (c) attempting to interfere with service to
any user, host or network, including, without limitation,
via means of overloading, 'flooding', 'mailbombing' or
'crashing', (d) forging any TCP/IP packet header or any part
of the header information in any e-mail or newsgroup
posting, or (e) taking any action in order to obtain
services to which such User is not entitled. Violations of
system or network security may result in civil or criminal
liability. ZebraHost will investigate occurrences which may
involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting Users who are
involved in such violations.
E-Mail
Users may not send unsolicited e-mail messages, including,
without limitation, bulk commercial advertising or
informational announcements ('spam') in a way that could be
reasonably expected to adversely impact the ZebraHost
Network, including, without limitation, using an e-mail
account on ZebraHost's network to send spam or bulk e-mail,
or using the service of another provider to send spam or to
promote a site hosted on or connected to the ZebraHost
Network. In addition, Users may not use the ZebraHost
Network in order to (a) send e-mail messages which are
excessive and/ or intended to harass or annoy others, (b)
continue to send e-mail messages to a recipient that has
indicated that he/she does not wish to receive them, (c)
send e-mail with forged TCP/IP packet header information,
(d) send malicious e-mail, including, without limitation,
'mailbombing', (e) send or receive e-mail messages in a
manner that violates the use policies of any other internet
service provider, or (f) use an e-mail box exclusively as a
storage space for data (g) Offering for sale or soliciting
e-mail lists for the purposes of bulk e-mail.
Usenet
Users who post messages to Usenet newsgroups are responsible
for becoming familiar with any written charter or FAQ
governing use of such newsgroups and complying therewith.
Regardless of such policies, Users may not (a) post the same
message, or a series of similar messages, to one or more
newsgroups (excessive cross-posting or multiple-posting,
also known as 'Usenet spam'), (b) cancel or supersede posts
not originally posted by such User, unless such User does so
in the course of his/her duties as an official newsgroup
moderator, (c) post any message with forged packet header
information, or (d) post messages that are excessive and/or
intended to annoy or harass others, including, without
limitation, chain letters.
Suspension; Termination
Any User which ZebraHost determines to have violated any
element of this Acceptable Use Policy shall receive a
written warning, and may be subject at ZebraHost's
discretion to a temporary suspension of service pending such
User's agreement in writing to refrain from any further
violations; provided, however, that if ZebraHost deems it
necessary, it may immediately suspend or terminate such
User's service without issuing such a warning. Users which
ZebraHost determines to have committed a second violation of
any element of this Acceptable Use Policy shall be subject
to immediate suspension or termination of service without
further notice.
Responsibility
ZebraHost takes no responsibility for any material input by
others and not posted to the ZebraHost Network by ZebraHost.
ZebraHost is not responsible for the content of any other
websites linked to the ZebraHost Network; links are provided
as Internet navigation tools only.
Privacy
Any User interacting with our site and providing ZebraHost
with name, address, telephone number, e-mail address, domain
name or URL or any other personally identifiable information
permits ZebraHost to use such information for commercial
purposes of its own, including contacting Users about
products and services which may be of interest. For each
visitor to our Web Site, our Web server recognizes only the
visitor's domain name, not the e-mail address. We collect
information volunteered by the visitor, such as form
submittals and/or site registrations. This information is
used to improve the content of our Web site, it is not
shared with other organizations for commercial purposes. Any
User who does not wish to receive further contacts from
ZebraHost should send ZebraHost a specific request (i.e.,
stating do not use or do not share or both) by certified
mail or by regular mail clearly marked 'Privacy-Urgent'
addressed as follows: ZebraHost, P.O. Box 254, Johnston, IA 50131-0254.
ZebraHost does
not sell, rent or otherwise disclose its mailing lists to
third parties.
ZebraHost
reserves the right to modify this Acceptable Use Policy at
any time in its sole and absolute discretion.
Copyright Policy
ZebraHost does not, and cannot,
control what content is available to you using the ZebraHost
Network. ZebraHost users decide what content to make
available to others using the ZebraHost network and what
content to download. Users are responsible for complying
with all applicable federal and state laws applicable to
such content, including copyright laws.
ZebraHost
respects copyright law and expects our users to do the same.
Unauthorized copying, distribution, modification, public
display, or public performance of copyrighted works is an
infringement of the copyright holders' rights. As a
condition to your account with ZebraHost, you agree that you
will not use the ZebraHost service to infringe the
intellectual property rights of others in any way. ZebraHost
will terminate the accounts of users who are repeat
infringers of the copyrights, or other intellectual property
rights, of others. In addition, ZebraHost reserves the right
to terminate the account of a user upon any single
infringement of the rights of others in conjunction with use
of the ZebraHost service, or if ZebraHost believes that user
conduct is harmful to the interests of ZebraHost, its
affiliates, or other users, or for any other reason in
ZebraHost's sole discretion, with or without cause.
In accordance
with the Digital Millennium Copyright Act of 1998 (the text
of which may be found on the U.S. Copyright Office web site
at
http://lcweb.loc.gov/copyright/, ZebraHost will respond
expeditiously to claims of copyright infringement committed
using the ZebraHost service that are reported to ZebraHost.
Privacy Policy
Any User
interacting with our site and providing ZebraHost with name,
address, telephone number, e-mail address, domain name or
URL or any other personally identifiable information permits
ZebraHost to use such information for commercial purposes of
its own, including contacting Users about products and
services which may be of interest. For each visitor to our
Web Site, our Web server recognizes only the visitor's
domain name, not the e-mail address. We collect information
volunteered by the visitor, such as form submittals and/or
site registrations. This information is used to improve the
content of our Web site, it is not shared with other
organizations for commercial purposes. Any User who does not
wish to receive further contacts from ZebraHost should send
ZebraHost a specific request (i.e., stating do not use or do
not share or both) by certified mail or by regular mail
clearly marked 'Privacy-Urgent' addressed as follows:
ZebraHost, P.O. Box 254, Johnston IA 50131-0254.
ZebraHost does
not sell, rent or otherwise disclose its mailing lists to
third parties.
Terms Of Service
All Virtual
Hosting Accounts are bound by this Terms of Service.
Dedicated Accounts and Virtual Private Server Accounts should refer to their individual hosting
agreements, as warranted.
1)
Setup Fees including, but not limited to, additional
programming are nonrefundable.
2)
All fees are due in advance of the services provided.
Failure to pay in advance may result in termination or
suspension of services without notice.
3)
If you cancel your service you will be refunded the prepaid
fees for any unused month, once those services are no longer
being provided, not including setup fees, if you have a
contract, the terms of the contract apply. If you cancel
your service, but fail to transfer your site(s) to another
provider and continue to utilize our hosting network you
will be billed until such time that you are no longer
utilizing our services. If you wish services to cease
immediately, you must request that our services be
discontinued immediately.
4)
The use of any data or material, which Customer receives
from the service provided by ZebraHost, is at Customer's
sole and absolute risk. ZebraHost specifically disclaims and
denies any responsibility for the completeness, or accuracy
of quality of any and all information obtained through the
services to be provided hereby.
5)
ZebraHost will utilize its best efforts to maintain
acceptable performance of services, but ZebraHost makes
absolutely no warranties whatsoever, express or implied,
including warranty of merchantability or fitness for a
particular purpose. ZebraHost cannot guarantee continuous
service, service at any particular time, or integrity of
data stored or transmitted via its system or via the
Internet. ZebraHost will not be liable for the inadvertent
disclosure of, or corruption or erasure of, date transmitted
or received or stored on its system. ZebraHost shall not be
liable to Customer or any of its customers for any claims or
damages which may be suffered by Customer or its customers,
including, but not limited to, losses or damages of any and
every nature, resulting from the loss of data, inability to
access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays,
non-deliveries, or service interruptions whether or not
caused by the fault or negligence of ZebraHost.
6)
Customer agrees that it shall defend, indemnify, save and
hold harmless from any and all demands, liabilities, losses,
costs, claims, including reasonable attorney's fees,
('Liabilities') against ZebraHost, its agents, its
customers, servants, officers, employees, that may arise or
result from any services provided, performed or agreed to be
performed or any product sold by Customer, its agents,
employees or assigns. Customer agrees to defend, indemnify
and hold harmless ZebraHost against Liabilities arising out
of any injury to person or property caused by any products
sold or distributed in connection with ZebraHost's server;
and material supplied by Customer infringing or allegedly
infringing on the proprietary rights of a third party;
copyright infringement and any defective product which
Customer sold on ZebraHost's Server. As a result of this,
Customer agrees that ZebraHost shall not be liable to
Customer for any claims of actual, compensatory and/or
consequential damages which may be suffered by Customer,
including, but not limited to, losses or damages due to the
loss data resulting from delays, non deliveries, or service
interruptions caused by the fault or negligence of
ZebraHost. Notwithstanding the above mentioned, Customer's
exclusive remedies, damages, losses and causes of actions
shall not exceed the aggregate dollar amount which Customer
paid during the term of this Agreement.
7)
The Customer may only use ZebraHost's services for lawful
purposes. In the event that at any given time, ZebraHost
believes that the service is being used by the Customer in
contravention with any of the terms and provisions contained
in this Agreement, ZebraHost has the right to immediately
discontinue such service to Customer without liability other
than to refund any unearned prepaid service fees. The
following are restrictive uses and shall be cause for the
immediate termination of web services and this Agreement
without notice to the Customer:
a. Unauthorized
distribution or copying copyrighted software, violation of
US export restrictions, embarrassment, fraud, trafficking in
obscene material, drug dealing, and other illegal
activities; Offering for sale or soliciting e-mail lists for
the purposes of bulk e-mail.
b. Unsolicited
advertising via email and/or 'Spamming' is a violation of
this agreement. Such prohibited conduct subjects Customer to
immediate cessation of service as provided herein and the
termination of this agreement without notice. ZebraHost
reserves the right to report such illegal activities to any
and all regulatory, administrative and/or governmental
authorities for appropriate prosecution.
c. Using a
non-existing email return address on a commercial
solicitation, spamming (sending unsolicited advertising to
numerous email addresses or newsgroups and/or generating a
significantly higher volume of outgoing email than a normal
user), trolling (posting outrageous messages to generate
numerous responses, mailbombing (sending multiple messages
without significant new content to the same user),
subscribing someone else to a mailing list without that
person's permission, cross-posting articles to an excessive
number of newsgroups, or attempting without authorization to
enter into a secured computer system. ZebraHost reserves the
right to determine what is Net abuse.
d. Tortuous conduct
such as posting of defamatory, libelous, scandalous, or
private information about a person without their consent,
intentionally inflicting emotional distress, or violating
trademarks, copyright, or other intellectual property
rights.
e. The Customer
expressly understands and agrees that illegal Adult oriented
Websites are expressly prohibited. ZebraHost reserves the
right to immediately terminate and remove any such
unauthorized Websites without notice and discontinue service
to Customer without notice or liability for actual,
compensatory or consequential damages to Customer for the
interruption in service.
f. MUDDS,
Listservers or any other Internet application that are not
Website specific, are specifically prohibited.
Disclaimer
ZebraHost will not be responsible for any damages your
business may suffer. ZebraHost makes no warranties of any
kind, expressed or implied for services we provide.
ZebraHost disclaims any warranty or merchantability or
fitness for a particular purpose. The includes loss of data
resulting from delays, non-deliveries, wrong delivery, and
any and all service interruptions caused by ZebraHost and
its employees. The services provided by ZebraHost are
provided AS-IS and without any warranty expressed or
implied. ZebraHost reserves the right to revise its policies
at any time. |