Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. ZEZAN will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ZEZAN customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a ZEZAN server, and selling or distributing software (on a Web site residing on a ZEZAN server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. ZEZAN reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. ZEZAN does not permit CGI script sharing with domains not hosted by ZEZAN or any scripts that may be abused for UCE purposes.
ZEZAN does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, ZEZAN provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
ZEZAN may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact ZEZAN at email@example.com so that we can arrange set-up. IRC ZEZAN does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.
ZEZAN Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or large files. If you wish to distribute software and/or large files, please contact firstname.lastname@example.org to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. ZEZAN Web Hosting and Ecommerce services offers video on-demand services. All video streaming accounts require special network, software, hardware and support and its available for an additional cost. Web hosting customers are prohibited to from running multi media content without written permission from ZEZAN.
Any database stored on ZEZAN Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.
Customer Security Responsibilities The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.
IRC ZEZAN allows Dedicated Server customers the use of IRC inside the ZEZAN network as long as the use of IRC on a ZEZAN server does not violate any of the other terms of these TOU. As a policy, ZEZAN will not provide vanity IRC reverse DNS records. To enforce this policy ZEZAN does not turn the reverse address of IPs over to the customer. Authority over this information remains with ZEZAN.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
ZEZAN Services ZEZAN services include, but are not limited to:
1. Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that ZEZAN provides to customers);
2. Any use by customers, or any access provided to customers by ZEZAN, of computing, telecommunications, software, information, hardware, and equipment;
3. Any act, or provision of any service, by ZEZAN to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
4. Any provision by ZEZAN to customers, of any space, Internet connectivity, or electrical power;
5. Any access or use related to the ZEZAN Web site, including the Web site itself;
6. Any other service mentioned in the TOU;
7. Any other service provided by ZEZAN to customers, whether used or not;
8. Any other ZEZAN services that are used by customers, whether offered or provided by ZEZAN to customers.
Ownership of Web Site The legal owner of customers' Web sites and accounts with ZEZAN will be the individual or organization whose name is listed in ZEZAN database as the owner. Customers will fully cooperate with and abide by any and all of ZEZAN security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with ZEZAN.
No Hire Policy All ZEZAN agrees that at any given time during service term and for a period of three years following any service termination, ZEZAN customer/clients shall not directly or indirectly hire, solicit, or encourage to leave the ZEZAN employment of any employee, consultant, or contractor of the ZEZAN or hire any such employee, consultant, or contractor who has left ZEZAN employment or contractual engagement with three years of such employment or engagement.
Illegal Use ZEZAN servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing ZEZAN services, all ZEZAN customers certify that they and/or the organization they represent in procuring services from ZEZAN are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Spamming Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to ZEZAN customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a ZEZAN server, and selling or distributing software (on a Web site residing on a ZEZAN server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. ZEZAN reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of ZEZAN services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use ZEZAN services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All ZEZAN customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a ZEZAN customer (per the DMCA) to ZEZAN must follow the below procedures. Copyright infringement notifications submitted to ZEZAN according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at ZEZAN sole discretion.
DMCA Copyright Infringement Notification Requirements
1. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
2. Identification of the copyrighted work(s) claimed to have been infringed.
3. Identification of the material claimed to infringe the copyright(s), and enough information for ZEZAN to locate it including URLs and specific descriptions of the infringing material at each URL.
4.The Claimant's name, address, and telephone number(s).
5. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
6. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
Pornography and sex-related merchandising are prohibited on ZEZAN servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
The use of ZEZAN services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. ZEZAN is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
ZEZAN 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, ZEZAN urges its customers to assume that all of their on-line communications are insecure. ZEZAN cannot take any responsibility for the security of information transmitted over ZEZAN facilities.
Customers are required to use the ZEZAN network responsibly. This includes respecting the other customers of ZEZAN. ZEZAN reserves the right to suspend and/or cancel service with any customer who uses the ZEZAN network in such a way that adversely affects other ZEZAN customers. While ZEZAN may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, ZEZAN does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when ZEZAN becomes aware of any violation of the TOU or other user agreements, ZEZAN may take any action to stop or correct such violation, including, but not limited to, denying access to ZEZAN services and equipment or to the Internet. In addition, ZEZAN may take action against a customer or a customer of such customer because of the activities of such customer. ZEZAN anticipates that customers who offer Internet services will cooperate with ZEZAN in any corrective or preventive action that ZEZAN deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of ZEZAN policy and ZEZAN reserves the right to take any such action even though such action may affect other customers of the ZEZAN customer.
Actions Taken by ZEZAN
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. ZEZAN will be the sole arbiter as to what constitutes a violation of the TOU. ZEZAN reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When ZEZAN becomes aware of an alleged violation of its TOU, ZEZAN will initiate an investigation. During the investigation, ZEZAN may restrict a customer's access in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, ZEZAN may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, ZEZAN will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. ZEZAN does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by ZEZAN.
ZEZAN customers agree to protect, defend, hold harmless, and indemnify ZEZAN, any third party entity related to ZEZAN (including, without limitation, third party vendors), and ZEZAN executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as ZEZAN, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of ZEZAN services.
The ZEZAN service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. ZEZAN expressly disclaims any representation or warranty that the ZEZAN service will be error-free, secure or uninterrupted. No oral advice or written information given by ZEZAN, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. ZEZAN and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, ZEZAN may immediately terminate provision of ZEZAN services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against ZEZAN in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL ZEZAN (INCLUDING, WITHOUT LIMITATION, ZEZAN EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS ZEZAN, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ZEZAN SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR ZEZAN SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY ZEZAN SERVICES EVEN IF ZEZAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ZEZAN TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR ZEZAN SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY ZEZAN OR ZEZAN REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
ZEZAN may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with ZEZAN services. Certain changes to ZEZAN services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and ZEZAN is not liable, for any and all such personalized applications and content, except as expressly agreed to by ZEZAN.
Backup of Data
Except where ZEZAN has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and ZEZAN is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with ZEZAN services.
Third Party Licenses
ZEZAN makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, ZEZAN makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, ZEZAN specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold ZEZAN liable in any way for the revocation of any license, which has been licensed to ZEZAN. The use of the Technologies obtained from or through ZEZAN, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-ZEZAN products by ZEZAN, its employees, or any third party entity related to ZEZAN is for information purposes only and does not constitute an endorsement or recommendation by ZEZAN. ZEZAN disclaims any and all liabilities for any representation or warranty made by the vendors of such non-ZEZAN products or services.
ZEZAN Intellectual Property
Customers will not, without ZEZAN express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on ZEZAN Web site, and customers will not use any of ZEZAN trademarks, service marks, copyrighted materials, or other intellectual property without ZEZAN express written consent. Customers will not, in any way, misrepresent their relationship with ZEZAN, attempt to pass themselves off as ZEZAN, or claim that customers are ZEZAN.
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for ZEZAN services, either in whole or in part, without the prior written consent of ZEZAN.
Minimum Age Requirement
ZEZAN customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a ZEZAN customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for ZEZAN services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains ZEZAN express written consent to the contrary. Any acceptance of the TOU or any other agreement for ZEZAN services will be deemed null and void to the extent that ZEZAN will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of ZEZAN services.
Governing Law and Severability
The TOU, and any other agreement for ZEZAN services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and ZEZAN will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other ZEZAN agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
ZEZAN will not be liable for delays in its performance of the TOU or ZEZAN services caused by circumstances beyond ZEZAN reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). ZEZAN will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for ZEZAN services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of ZEZAN.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between ZEZAN and its customers. Each of ZEZAN and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for ZEZAN services, constitutes the complete understanding and agreement between ZEZAN and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of ZEZAN, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for ZEZAN services is between ZEZAN and
Payments All charges are shown in US Dollars. Payments are to be made in US dollars. ZEZAN accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide ZEZAN your credit card information, you authorize ZEZAN to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with ZEZAN Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. ZEZAN will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying ZEZAN, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
\n Billing Cycles (Terms)
\n All ZEZAN accounts\n are for minimum one year term unless specified as monthly, quarterly or for\n specific time frame.