As a
provider of web site hosting, and other Internet-related
services, Zazaba.com Web Hosting offers its clients,
and their customers and users, the means to disseminate
a wealth of public, private, commercial, and noncommercial
information. Zazaba.com Web Hosting respects that
the Internet provides a forum for free and open discussion
and dissemination of information, however, when there
are competing interests at issue, Zazaba.com Web Hosting
reserves the right to take certain preventative or
corrective actions. In order to protect these competing
interests, Zazaba.com Web Hosting has developed an
Acceptable Use Policy ("AUP"), which supplements
and explains certain terms of each customer's respective
service agreement and is intended as a guide to the
customer's rights and obligations when utilizing Zazaba.com
Web Hosting’s services. This AUP will be revised
from time to time. A customer's use of Zazaba.com
Web Hosting’s services after changes to the
AUP are posted on Zazaba.com Web Hosting’s web
site, http://www.zazaba.com,
will constitute the customer's acceptance of any new
or additional terms of the AUP that result from those
changes.
One
important aspect of the Internet is that no one party
owns or controls it. This fact accounts for much of
the Internet's openness and value, but it also places
a high premium on the judgment and responsibility
of those who use the Internet to disseminate information
to others.
When
information is disseminated through the Internet,
they also must keep in mind that Zazaba.com Web Hosting
does not review, edit, censor, or take responsibility
for any information its clients may create. When users
place information on the Internet, they have the same
liability as other authors for copyright infringement,
defamation, and other harmful speech. Also, because
the information they create is carried over Zazaba.com
Web Hosting’s network and may reach a large
number of people, including both clients and non-clients
of Zazaba.com Web Hosting, clients' postings to the
Internet may affect other clients and may harm Zazaba.com
Web Hosting’s goodwill, business reputation,
and operations. For these reasons, clients violate
Zazaba.com Web Hosting policy and the service agreement
when they, their customers, affiliates, or subsidiaries
engage in the following prohibited activities:
Spamming
Sending unsolicited bulk and/or commercial messages
over the Internet (known as "spamming").
It is not only harmful because of its negative impact
on consumer attitudes toward Zazaba.com Web Hosting,
but also because it can overload Zazaba.com Web Hostings
network and disrupt service to Zazaba.com Web Hosting
clients. Also, maintaining an open SMTP relay is prohibited.
When a complaint is received, Zazaba.com Web Hosting
has the discretion to determine from all of the evidence
whether the e-mail recipients were from an "opt-in"
e-mail list.
Intellectual Property Violations
Engaging in any activity that infringes or misappropriates
the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets,
software piracy, and patents held by individuals,
corporations, or other entities. Also, engaging in
activity that violates privacy, publicity, or other
personal rights of others. Zazaba.com Web Hosting
is required by law to remove or block access to customer
content upon receipt of a proper notice of copyright
infringement. It is also Zazaba.com Web Hosting’s
policy to terminate the privileges of customers who
commit repeat violations of copyright laws.
Adult Material
Because the Internet is a global communication tool,
and we have clients from nearly every country in the
world it is difficult to dictate what is considered
"adult material." However, it is not our
function to discriminate against those who choose
to utilize adult content or adult related material.
This being said, there are still several reasons why
Zazaba.com Web Hosting has created a no adult material
policy.
What does Zazaba.com Web Hosting consider
"Adult Material?"
- Any
site whose revenue is gained in part or whole from
its adult or adult related content.
- Photos,
videos or any web page content showing or inferring
nudity on either men or women for non-scientific
or non-artistic purposes.
- Revenue-generating
hyperlinks to sites who violate any of the above
policies.
Zazaba.com
Web Hosting will be the sole arbiter in determining
what is and what is not "Adult Material".
Why does Zazaba.com Web Hosting have this
policy?
- A
virtual server is a shared environment where many
servers reside on each particular machine. Consider
that an average "adult site" gets more
hits than 100 standard websites. Some of the smaller
adult sites get around 5 GB of transfer per day.
With these types of resources being utilized, our
servers would be severely slowed if we allowed these
high traffic sites to also reside on our servers.
On top of that, we would be forced to raise our
prices to pay for the additional bandwidth. We strive
to keep our servers fast and inexpensive, and our
bandwidth clear; therefore, adult sites are not
an option. ET Web Hosting reserves the right to
decide what it considers "adult content",
"adult material", "sexually explicit",
or "sexually related". Let us know if
you are unsure of the approval of your site before
placing an order.
Defamatory or Abusive Language
Using Zazaba.com Web Hosting’s network as a
means to transmit or post defamatory, harassing, abusive,
or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether
in whole or in part, to mask the originator of the
message.
Illegal or Unauthorized Access to Other Computers
or Networks
Accessing illegally or without authorization computers,
accounts, or networks belonging to another party,
or attempting to penetrate security measures of another
individual's system (often known as "hacking").
Also, any activity that might be used as a precursor
to an attempted system penetration (i.e. port scan,
stealth scan, or other information gathering activity).
Background Running Programs
Background daemons in general are prohibited on Zazaba.com
Web Hosting servers, including, but not limited to,
IRC bots, eggdrop, BitchX, XiRCON, warez sites and
any other program that interferes with normal server
operation. Zazaba.com Web Hosting will be the sole
arbitor of what consitutes a violation of the above
policy.
Distribution of Internet Viruses, Worms, Trojan Horses,
or Other Destructive Activities
Distributing information regarding the creation of
and sending Internet viruses, worms, Trojan horses,
pinging, flooding, mailbombing, or denial of service
attacks. Also, activities that disrupt the use of
or interfere with the ability of others to effectively
use the network or any connected network, system,
service, or equipment.
Facilitating a Violation of this AUP
Advertising, transmitting, or otherwise making available
any software, program, product, or service that is
designed to violate this AUP, which includes the facilitation
of the means to spam, initiation of pinging, flooding,
mailbombing, denial of service attacks, and piracy
of software.
Export Control Violations
Exporting encryption software over the Internet or
otherwise, to points outside the United States or
Canada
Usenet Groups
Zazaba.com Web Hosting reserves the right not to accept
postings from newsgroups where we have actual knowledge
that the content of the newsgroup violates the AUP.
Other Illegal Activities
Engaging in activities that are determined to be illegal,
including advertising, transmitting, or otherwise
making available ponzi schemes, pyramid schemes, fraudulently
charging credit cards, and pirated software.
Other Activities
Engaging in activities, whether lawful or unlawful,
that Zazaba.com Web Hosting determines to be harmful
to its clients, operations, reputation, goodwill,
or customer relations. As we have pointed out, the
responsibility for avoiding the harmful activities
just described rests primarily with the client. Zazaba.com
Web Hosting will not, as an ordinary practice, monitor
the communications of its client to ensure that they
comply with Zazaba.com Web Hosting policy or applicable
law. When Zazaba.com Web Hosting becomes aware of
harmful activities, however, it may take any action
to stop the harmful activity, including but not limited
to, removing information, shutting down a web site,
implementing screening software designed to block
offending transmissions, denying access to the Internet,
or take any other action it deems appropriate. Zazaba.com
Web Hosting also is concerned with the privacy of
on-line communications and web sites. In general,
the Internet is neither more nor less secure than
other means of communication, including mail, facsimile,
and voice telephone service, all of which can be intercepted
and otherwise compromised. As a matter of prudence,
however, Zazaba.com Web Hosting urges its clients
to assume that all of their on-line communications
are insecure.
Zazaba.com
Web Hosting cannot take any responsibility for the
security of information transmitted over Zazaba.com
Web Hosting’s facilities. Zazaba.com Web Hosting
will not intentionally monitor private electronic
mail messages sent or received by its clients unless
required to do so by law, governmental authority,
or when public safety is at stake. Zazaba.com Web
Hosting may, however, monitor its service electronically
to determine that its facilities are operating satisfactorily.
Also, Zazaba.com Web Hosting may disclose information,
including but not limited to, information concerning
a client, a transmission made using our network, or
a web site, in order to comply with a court order,
subpoena, summons, discovery request, warrant, statute,
regulation, or governmental request. Zazaba.com Web
Hosting assumes no obligation to inform the client
that client information has been provided and in some
cases may be prohibited by law from giving such notice.
Finally,
Zazaba.com Web Hosting may disclose client information
or information transmitted over its network where
necessary to protect Zazaba.com Web Hosting and others
from harm, or where such disclosure is necessary to
the proper operation of the system.
We hope
this AUP is helpful in clarifying the obligations
of Internet users, including Zazaba.com Web Hosting
and its clients, as responsible members of the Internet.
Any complaints about a client's violation of this
AUP should be sent to customer
support.
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