By subscribing to, or utilizing, ZCNet's web hosting or any related
services, you agree to abide by this Acceptable Use Policy.
Your
utilization of ZCNet's services constitutes your express agreement
to abide by this Acceptable Use Policy (the "Rules, as the
same may be changed from time-to-time by ZCNet, at its sole
and absolute discretion. These Rules are designed to enhance
the quality of our Web Hosting services and to protect our
customers, and the Internet community as a whole, from illegal,
irresponsible, or disruptive Internet activities. These Rules
apply to all customers of ZCNet. We hope and expect that common
sense and good judgment will guide all of our customers' use
of our ZCNet Services. Even with such Rules in effect, minors
should be supervised when using the Internet. Adults and minors
should be aware of what is on the Internet and to understand
the concept of what is accepted and what should be avoided.
The following non-exhaustive list details the kinds of illegal
or harmful conduct, which are prohibited. ZCNet reserves the
right to restrict or prohibit any and all uses of its services
or content on your Web site and to remove such materials,
including your website, from its servers at any time ZCNet
determines in its sole discretion that such content or materials
violates this Agreement, is illegal, or is harmful to its
servers, systems, network, reputation, good will, other ZCNet
customers, or any third party. Depending on the severity of
the violation and the history of your account, ZCNet may take
any reasonable disciplinary action it determines in its sole
and absolute discretion, including, but not limited to, one
or more of the foregoing or following actions: (a) issuance
of a verbal or written warning; (b) suspension of your account;
(c) termination of your account; (c) billing for administrative
and legal costs and fees and/or reactivation costs. All of
the foregoing rights are cumulative, and the exercise of any
right at any time shall not preclude the exercise of any other
right, or the same right, at any other time for the same violation
or any subsequent violation.
Illegal
or Improper Activities. You may not use ZCNet's services
or servers in any manner in violation of any state, local
or federal law of the United States of America, or any of
its states or which in any manner is in violation of any applicable
local or national law of any country. Such violations and
activities include, but are not limited to, violations of
U.S. or other applicable foreign export laws or restrictions
including the U.S. Export Administration Act and accompanying
regulations, posting or trafficking in government secrets,
providing any information to in any way assist or encourage
any terrorist activities, providing any information concerning
nuclear or biological weapons or other weapons of mass destruction,
posting or trafficking in obscene material, solicitation of
a minor or others for illegal acts, dealing drugs, harassment,
fraud, stalking, abuse, or other subject matters that are
prohibited under applicable federal, state, local or foreign
law.
Dangerous
Activities. You may not use ZCNet's services or servers
to post or disseminate in any manner, any information or material
which may be dangerous, damaging or injurious to persons or
property or which, directly or indirectly, may be used to
create danger, damage or injury to persons or property.
Infringement.
You may not use ZCNet's services or servers in any manner
which infringes the intellectual property rights or other
proprietary rights of any third party including, without limitation,
material protected by copyright, trademark, patent, trade
secret, or other intellectual property right used without
proper authorization. Infringement may result from, among
other activities, the unauthorized copying and posting of
pictures, logos, software, articles, musical works, and videos.
In compliance with the Digital Millennium Copyright Act ("DMCA"),
please send DMCA notifications of claimed copyright infringements
to: Director or Security, ZCNet , webmaster@ZCNet.com.
Fraudulent
Activities. You may not offer or disseminate fraudulent
goods, services, schemes, or promotions (i.e., make money
fast schemes, chain letters, pyramid schemes, ponzi schemes),
or furnish false data on any signup form, contract or online
application or registration, or fraudulently use any information
obtained through the use of ZCNet's servers or services, including
without limitation use of credit card numbers.
Offensive
Subject Matter. You may not use ZCNet's services or servers
for transmitting, disseminating, sale, storage or hosting
subject matter that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, filthy, excessively violent,
harassing, threatening, hateful, harmful, invasive of privacy
or publicity rights, abusive, inflammatory or otherwise objectionable.
You may not use ZCNet's services or servers to conduct any
sexually oriented business or disseminate pornographic pictures,
videos, banners, text or any similar material. You may not
use ZCNet's services or servers to threaten bodily harm or
destruction of property.
Harmful
Activities. You may not use ZCNet's services or servers
for disseminating or hosting harmful content including, without
limitation, viruses, Trojan horses, worms, time bombs, cancelbots
or any other computer programming routines that may damage,
interfere with, surreptitiously intercept or expropriate any
system, program, data or personal information.
Tortuous
Activities. You may not use ZCNet's services or servers
for any tortuous conduct, including, but limited to, posting
defamatory, libelous, slanderous, scandalous, or private information
about a person or company without their consent; intentionally
inflicting emotional distress; making unlawful threats; stalking,
interfering with any contract or prospective economic relations;
engaging in fraud or deception; engaging in sexual or other
harassment; or for violating any patents, trademarks, copyrights,
or other intellectual property rights.
Abusive
Activities. You may not use ZCNet's services or servers
for any abusive activities on the Internet, including, but
not limited to, activities such as using a non-existent email
return address, spamming (sending unsolicited advertising
to numerous email addresses or newsgroups and/or generating
a significantly higher volume of outgoing email than a normal
user), or allowing spamming by third parties to promote a
website, trolling (posting outrageous messages to generate
numerous responses), mail-bombing (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 o newsgroups,
hacking ( unauthorized access to or use of data, systems,
server or networks, including any attempt to probe, scan or
test the vulnerability of a system or to breach the security
thereof), spoofing (any attempt to impersonate any person
or otherwise deceive or mislead through alteration of headers);
deletion of author attributions, legal notices, or proprietary
designations in an effort to deceive or mislead; forging or
altering any TCP-IP packet header, email header or any part
of a message header, using manual or electronic means to avoid
any use limitations on you use of ZCNet's servers such as
timing out; sending or disseminating harassing email or chain
letters; or use of flames (hostile attacks or invectives aimed
at a group or an individual.
Misuse
of System Resources. You may not engage in any uses or
activities that misuse ZCNet's services, servers or system
resources, including, but not limited to employing or posting
programs which consume excessive CPU time or storage space;
permitting use of mail services, mail forwarding capabilities,
POP accounts, or autoresponders other than for your own account;
or resale of access to CGI scripts installed on ZCNet's servers.
Service
Contract:
Virtual Hosting Service is subject to the following terms
and conditions: 1.The specific fees and surcharges vary depending
on the particular plan ordered. ZCNet may change and institute
new fees and surcharges at any time upon thirty(30) days prior
notice via e-mail or snail mail. Either party may terminate
the service without cause or prior notice. 2.The client agrees
to comply with the Acceptable Use Policy set forth above and
to refrain from any of the unacceptable uses set forth therein.
ZCNet reserves an absolute right to determine for itself what
is abusive, pornographic, offensive, or inappropriate and
will terminate the service in the event it deems any use to
violate the said Policy. 3.The client agrees that ZCNet has
the right and responsibility to fully cooperate in any legal
investigation regarding any aspect of services, including
services sold to the client. Any use or attempted use of system
to engage in software piracy or other illegal activities will
result in an immediate termination of service and a report
to the FTP, SPA, or other appropriate authorities. 4.The client
agrees to indemnify and hold ZCNet harmless in connection
with any controversy or legal action arising from the client's
use of service, including but not limited to controversies
over domain name selection and web site content. 5.ZCNet does
not warrant that the eCommerce Software Solution (including
any documentation) will meet Client's requirements or that
the operation of the Software will be uninterrupted or error
free. THE ECOMMERCE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY
OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE SPECIFICALLY
DISCLAIMED WITH RESPECT TO THE SOFTWARE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE
CLIENT AND SHOULD THE SOFTWARE PROVE DEFECTIVE, CLIENT AND
NOT ZCNet ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION UNLESS OTHERWISE AGREED. No oral or written
information or advice given by ZCNet, its marketers, distributors,
agents or employees shall create a warranty or in any way
increase the scope of Client's rights set forth herein, and
Client may not rely on any such information or advice. LIMITATION
OF LIABILITY IN NO EVENT SHALL ZCNet BE LIABLE TO CLIENT FOR
ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING
ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS
OF DATA OR COST OF OBTAINING SUBSTITUTE GOODS ARISING OUT
OF OR RELATING TO THE SOFTWARE, OR THE USE OR INABILITY TO
USE THE SOFTWARE, EVEN IF ZCNet HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. The foregoing limitations of liability shall
apply notwithstanding any failure of essential purpose of
any limited remedy stated herein. Liability to Client or any
third party arising out of or related to this Agreement however
caused and arising under any theory of liability, whether
based in contract, tort (including negligence), or otherwise
shall not exceed in aggregate the Client Fees paid by Client
for the Software. SOME STATES DO NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO Client. 6.Although ZCNet backs up its systems regularly
and works hard to prevent technical problems, system failures,
and service disruptions, such occurrences are possible, particularly
in connection with such things as total power losses, natural
calamities, acts of war or terrorism, destructive acts of
hackers, or band width charges on the Internet. System backup
is therefore not guaranteed and each client therefore agrees
to maintain a backup copy of his or her web site and any other
important information and to store the same on his or her
own computer. The client further agrees that liability for
any failure to provide virtual hosting service regardless
of cause or duration shall be limited to a refund of the fees
paid for the month in which the failures occur. It is specifically
agreed that ZCNet shall under no circumstances be liable for
any lost profits or other consequential damages. 7.This agreement
is not assignable or transferable without express written
consent of ZCNet. The terms and conditions of this agreement
shall be interpreted and enforced pursuant to the laws of
the State of California.
Privacy
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